The Nicaragua (Asset-Freezing) Regulations 2019 (revoked)
UK Statutory Instrument 2019 No. 1353 — creates 6 criminal offences.
- Made
- 15 October 2019
- In force from
- 6 November 2019
- 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) 2019/1716 of 14th October 2019 concerning restrictive measures in view of the situation in Nicaragua (OJ L 262, 15.10.2019, p.1) (“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, entity or body listed in Annex I to the Council Regulation (as amended from time to time). Regulations 3 to 7 provide prohibitions against (i) dealing with the funds or economic resources of a designated person, (ii) making funds or economic resources available, directly or indirectly, to a designated person and (iii) 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 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 and creates offences for providing false information or documents or not complying with conditions included in a licence. 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. A full impact assessment has not been prepared for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. Further information is available at H.M. Treasury, 1 Horse Guards Road, London SW1A 2HQ and on H.M. Treasury’s website (www.gov.uk/government/organisations/hm-treasury), or by contacting SanctionsLegislation@HMTreasury.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
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
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.
Procedural history
- Instrument created 15 October 2019
- Instrument made (signed into law) 15 October 2019
- Laid before the House of Commons 16 October 2019 · Commons
- Laid before the House of Lords 16 October 2019 · Lords
- Considered by the Secondary Legislation Scrutiny Committee (SLSC) 29 October 2019 · Lords
- No comment by the Secondary Legislation Scrutiny Committee (SLSC) 29 October 2019 · Lords
- Instrument comes into force as law 6 November 2019
- Objection period ends 21 January 2020
- Instrument remains law 21 January 2020
- Procedure concluded in the House of Commons and the House of Lords 21 January 2020 · Commons, Lords
- Considered by the Joint Committee on Statutory Instruments (JCSI) 5 February 2020 · Commons, Lords
- Not drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 5 February 2020 · Commons, Lords
From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2019