The Chemical Weapons (Asset-Freezing) and Miscellaneous Amendments Regulations 2018

UK Statutory Instrument 2018 No. 1090 — creates 6 criminal offences.

6offences created

0recorded in force

0revoked

Made: 16 October 2018
In force from: 7 November 2018
Extent: Not stated
Subject: International sanctions, export control and trade restrictions
Made under: European Communities Act 1972, S.I. 2017/754, 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) 2018/1542 of 15th October 2018 concerning restrictive measures against the proliferation and use of chemical weapons (OJ L 259, 16.10.2018, p.12) (“the Council Regulation”). The measures include the freezing of funds and economic resources of any persons and entities listed in Annex I to the Council Regulation and ensuring that funds and economic resources are not made available to them or for their benefit. Regulation 2 defines designated person 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, making funds or economic resources available, directly or indirectly, to a designated person and making funds or economic resources available for the benefit of a designated person. Regulation 8 provides an exception to the prohibitions in regulations 4 and 5 in the circumstances set out in the Council Regulation, 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 where this is permitted in the circumstances set out in the Council Regulation. Regulation 10 creates offences where the prohibitions in regulations 3 to 7 are contravened. Regulations 11 to 14 contain provisions about officers of a body corporate, penalties and proceedings. The Schedule makes provision for information gathering and information disclosure and creates offences for failure to comply with a request for information. Regulations 18 and 19 correct a minor error made in the European Union Financial Sanctions (Amendment of Information Provisions) Regulations 2017 (S.I. 2017/754) which amended the Schedule to the Ukraine (European Union Financial Sanctions) Regulations 2014 (S.I. 2014/507). An impact assessment has not been prepared for this instrument because no impact on the private or voluntary sector is foreseen. Further information is available at H.M. Treasury, 1 Horse Guards Road, London SW1A 2HQ and on H.M. Treasury website (www.gov.uk/government/organisations/hm-treasury), or by contacting Sanctions.Legislation@HMTreasury.gsi.gov.uk.

Offences created by this instrument

Reporting obligations of relevant institutions and others 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

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Andrey Lugovoy and Dmitri Kovtun Freezing Order 2020 Lords · Grand Committee · 11 February 2020 · The Earl of Courtown
The noble Baroness’s point is basically about transparency. I do not have any information on that issue to hand, but I will write to the noble Baroness. The next point was about a link between the 2018 order and the Salisbury event. As noble Lords are aware, the murder of Alexander Litvinenko and the attack on Salisbury are part of a pattern of Russian aggression over the past decade, which includes its actions in Georgia, Crimea and Ukraine, and campaigns of reckless and irresponsible cyberattacks. We took a range of measures following the attacks in Salisbury, including co-ordinating the…

How Parliament handled it

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Procedure: Made negative — law unless a motion to stop it succeeded
Could either House amend it?: No. A statutory instrument is put to each House as a whole thing, to be approved or not. Neither House can change a word of it.
Committee: Drawn to the special attention of the Houses by a scrutiny committee

Procedural history

Instrument created 16 October 2018
Instrument made (signed into law) 16 October 2018
Laid before the House of Commons 17 October 2018 · Commons
Laid before the House of Lords 17 October 2018 · Lords
Considered by the Secondary Legislation Scrutiny Committee (SLSC) 30 October 2018 · Lords
Information paragraph provided by the Secondary Legislation Scrutiny Committee (SLSC) 30 October 2018 · Lords
Instrument comes into force as law 7 November 2018
Considered by the Joint Committee on Statutory Instruments (JCSI) 28 November 2018 · Commons, Lords
Drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 28 November 2018 · Commons, Lords
Joint Committee on Statutory Instruments (JCSI) draws the special attention of both Houses to the instrument on the grounds that it requires elucidation 28 November 2018 · Commons, Lords
Objection period ends 30 November 2018
Instrument remains law 30 November 2018
Procedure concluded in the House of Commons and the House of Lords 30 November 2018 · Commons, Lords

From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.

Check the source

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