The Andrey Lugovoy and Dmitri Kovtun Freezing Order 2020

UK Statutory Instrument 2020 No. 36 — creates 5 criminal offences.

Made

17 January 2020

In force from

19 January 2020

Extent

Not stated

Subject

Terrorism, official secrets and national security

Made under

Schedule 3 to the Anti-terrorism, Crime and Security Act 2001

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order is made under the Anti-terrorism, Crime and Security Act 2001 (“the Act”) (c.24) to impose a freeze on funds in relation to Andrey Lugovoy (AL) and Dmitri Kovtun (DK). By virtue of section 8 of the Act, this Order expires at the end of the period of two years beginning with the day on which it is made. Article 3 provides that a specified person may request the reason why they are specified. Article 4 prohibits any person from making funds available to or for the benefit of AL or DK. It also makes provision prohibiting anyone, including AL and DK, from dealing with funds owned, controlled or held by AL or DK. Article 5 makes it an offence to breach the prohibition on making funds available or to engage in activity knowing or intending that it will enable or facilitate the commission of such an offence, subject to a defence based on no knowledge or reasonable suspicion of the relevant circumstances. Article 6 provides for the Treasury to be able to grant licences to disapply the prohibitions and article 7 makes provision in relation to licensing procedure. Article 8 gives effect to the Schedule which makes provision about information and disclosure of information. Article 9 sets the penalties for offences under the Order, article 10 makes provision relating to criminal proceedings and article 11 relates to offences by bodies corporate and Scottish partnerships. Article 12 makes provision about the service of notices. Article 13 makes provision for supplemental amendments arising from this Order. 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.

Offences created by this instrument

• A person referred to in article 1(3) who fails to comply with a prohibition imposed by article 4 commits an offence article 5(1) · Status not determined · Strict liability
• A person who engages in an activity knowing or intending that it will enable or facilitate the commission by another… article 5(2) · Status not determined · Strict liability
• A person (“P”) who provides information, or produces a document, which P knows is false in a material particular with… article 7(5) · Status not determined · Strict liability
• A person who recklessly provides information, or produces a document, which is false in a material particular with a… article 7(6) · Status not determined · Requires proof of a state of mind
• A person (“P”) who— a fails without reasonable excuse to provide information, or to produce a document, in response to… paragraph 6 of SCHEDULE · Status not determined · Requires proof of a state of mind

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 Lugvoy and Dmitri Kovtun Freezing Order 2020 Commons · General Committees · 10 February 2020 · The Economic Secretary to the Treasury (John Glen)

  I beg to move, That the Committee has considered the Andrey Lugovoy and Dmitri Kovtun Freezing Order 2020 (S.I. 2020, No. 36). May I say what a pleasure it is to serve under your chairmanship, Mr Robertson? The order was laid before the House on 17 January this year and came into force on 19 January. It has the effect of maintaining a freeze of any funds or assets that these two individuals hold in the UK or with any UK- incorporated entities, denying them access to the UK financial system and prohibiting UK persons from making funds available to them. The order was made because in 2016 an…

• Andrey Lugovoy and Dmitri Kovtun Freezing Order 2020 Lords · Grand Committee · 11 February 2020 · The Earl of Courtown

  That the Grand Committee do consider the Andrey Lugovoy and Dmitri Kovtun Freezing Order 2020. Relevant document: 3rd Report from the Secondary Legislation Scrutiny Committee

• Andrey Lugovoy and Dmitri Kovtun Freezing Order 2020 Lords · Grand Committee · 11 February 2020

How Parliament handled it

Both Houses had to approve this instrument before it could take effect, and did so.

Procedure

Made affirmative — both Houses had to approve it

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 17 January 2020
• Instrument made (signed into law) 17 January 2020
• Laid before the House of Commons 17 January 2020 · Commons
• Laid before the House of Lords 17 January 2020 · Lords
• Instrument comes into force as law 19 January 2020
• Motion to approve the instrument tabled by the Government 20 January 2020 · Commons
• Considered for English votes for English laws (EVEL) certification 23 January 2020 · Commons
• Not certified under the English votes for English laws (EVEL) process 23 January 2020 · Commons
• Considered by the Secondary Legislation Scrutiny Committee (SLSC) 28 January 2020 · Lords
• Information paragraph provided by the Secondary Legislation Scrutiny Committee (SLSC) 28 January 2020 · 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
• Motion to approve the instrument tabled by the Government 5 February 2020 · Lords
• Delegated Legislation Committee (DLC) debate 10 February 2020 · Commons
• Question put on motion to consider the instrument 10 February 2020 · Commons
• Motion to consider the instrument approved 10 February 2020 · Commons
• Grand Committee debate 11 February 2020 · Lords
• Question put on motion to consider the instrument 11 February 2020 · Lords
• Motion to consider the instrument approved 11 February 2020 · Lords
• Question on motion to approve the instrument put 11 February 2020 · Commons
• Instrument approved 11 February 2020 · Commons
• Question on motion to approve the instrument put 13 February 2020 · Lords
• Instrument approved 13 February 2020 · Lords
• Approval period ends 13 February 2020
• Instrument remains law 13 February 2020
• Procedure concluded in the House of Commons and the House of Lords 13 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 2020