The Guinea-Bissau (Asset-Freezing) Regulations 2012 (revoked)
UK Statutory Instrument 2012 No. 1301 — creates 6 criminal offences.
- Made
- 16 May 2012
- In force from
- 6 June 2012
- Extent
- Not stated
- Subject
- International sanctions, export control and trade restrictions
- Made under
- European Communities Act 1972, Schedule 2 to, the European Communities Act 1972
Explanatory note
(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
These Regulations make provision relating to the enforcement of Council Regulation (EU) No. 377/2012 of 3 May 2012 (OJ L 119, 4.5.2012, p.1) restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau (“the Council Regulation”). The measures include the freezing of funds and economic resources of designated persons and ensuring that funds and economic resources are not made available to them or for their benefit. Regulation 2 defines designated persons as any person named in Annex I to the Council Regulation (as amended from time to time). Regulations 3 to 7 provide prohibitions against dealing with the funds or economic resources of a designated person or making funds or economic resources available, directly or indirectly, to or for the benefit of, a designated person. Regulation 8 provides an exception to the prohibitions in regulations 4 and 5 where a frozen account is credited for a permitted reason. Regulation 9 provides a licensing procedure to enable funds and economic resources to be exempted from the prohibitions. Regulation 10 makes it an offence to breach any of the prohibitions in regulations 3 to 7 or to seek to circumvent those prohibitions. Regulations 12 to 15 contain provisions about penalties, proceedings and who, in relation to bodies corporate and other bodies, may be prosecuted for an offence under the Regulations. The Schedule makes provision for information gathering and information disclosure. A list of designated persons is available on the Internet at: www.hm-treasury.gov.uk/fin_sanctions_index.htm. An impact assessment has not been produced for this instrument as no impact on the costs of business or the voluntary sector is foreseen. Further information is available from the Asset Freezing Unit, HM Treasury, 1 Horse Guards Road, London SW1A 2HQ and on HM Treasury’s website (www.hm-treasury.gov.uk).
Offences created by this instrument
- Reporting obligations of relevant institutions paragraph 1(5) of SCHEDULE · Status not determined · Strict liability
- Failure to comply with request for information paragraph 4(1) of SCHEDULE · Status not determined · Requires proof of a state of mind
- Contravention and circumvention of prohibitions regulation 10(1) · Status not determined · Mixed — some elements strict, some not
- Contravention and circumvention of prohibitions regulation 10(2) · Status not determined · Requires proof of a state of mind
- Licences regulation 9(5) · Status not determined · Requires proof of a state of mind
- Licences regulation 9(6) · Status not determined · Strict liability
What Parliament said about it
Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2012