The Mali (Sanctions) (EU Exit) Regulations 2020
UK Statutory Instrument 2020 No. 705 — creates 8 criminal offences.
- Made
- 7 July 2020
- In force from
- Not determined
- Extent
- Not stated
- Subject
- International sanctions, export control and trade restrictions
- Made under
- Sanctions and Anti-Money Laundering Act 2018
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 are made under the Sanctions and Anti-Money Laundering Act 2018 (c.13) to establish a sanctions regime in relation to the Republic of Mali (“Mali”) for the purposes of compliance with the United Kingdom’s United Nations obligations and promoting the peace, stability and security of Mali and related purposes. Following the United Kingdom’s withdrawal from the European Union, these Regulations also replace the European Union sanctions measures in relation to Mali which are currently implemented via an EU Council Decision and Regulation. The Regulations confer a power on the Secretary of State to designate persons who, for example, are or have been involved in activities which threaten the peace, stability and security of Mali or undermine efforts to implement the Agreement on Peace and Reconciliation in Mali. Designated persons may be excluded from the United Kingdom and may be made subject to financial sanctions, including having their funds and/or economic resources frozen. The Regulations provide for certain exceptions to this sanctions regime, for example to allow for frozen accounts to be credited with interest or other earnings and also for acts done for the purpose of national security or the prevention of serious crime. The Regulations also confer powers on the Treasury to issue licences in respect of activities that would otherwise be prohibited under the financial sanctions imposed. Schedule 2 to these Regulations sets out the purposes pursuant to which the Treasury may issue such licences. The Regulations make it a criminal offence to contravene, or circumvent, any of the prohibitions in these Regulations and prescribe the mode of trial and penalties that apply to such offences. The Regulations prescribe powers for the provision and sharing of information to enable the effective implementation and enforcement of the sanctions regime. Council Regulation (EU) 2017/1770 of 28 September 2017 concerning restrictive measures in view of the situation in Mali is revoked by these Regulations. The Republic of Mali (European Union Financial Sanctions) Regulations 2017 (S.I. 2017/972) are revoked and certain provisions of the United Nations and European Union Financial Sanctions (Linking) Regulations 2017 (S.I. 2017/478) are amended by these Regulations. An Impact Assessment has not been produced for these Regulations, as they are intended to ensure existing sanctions remain in place following the United Kingdom’s withdrawal from the European Union. These Regulations are intended to deliver substantially the same policy effects as the existing European Union sanctions. An Impact Assessment was, however, produced for the Sanctions and Anti-Money Laundering Act 2018 and can be found at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/653271/Sanctions_and_Anti-Money_Laundering_Bill_Impact_Assessment_18102017.pdf.
Offences created by this instrument
- Asset-freeze in relation to designated persons regulation 12(3) · Status not determined · Strict liability
- Circumventing etc. prohibitions regulation 17(2) · Status not determined · Strict liability
- A person (“P”) commits an offence if P knowingly or recklessly— a provides information that is false in a material… regulation 23(1) · Status not determined · Requires proof of a state of mind
- A person who purports to act under the authority of a Treasury licence but who fails to comply with any condition of… regulation 23(2) · Status not determined · Strict liability
- Finance: reporting obligations regulation 25(6) · Status not determined · Strict liability
- A person commits an offence if that person— a without reasonable excuse, refuses or fails within the time and in the… regulation 29(1) · Status not determined · Requires proof of a state of mind
- In the application of paragraph (1) to Scotland, where an offence is committed outside the United Kingdom any such… regulation 34(2) · Status not determined · Strict liability
- Confidential information in certain cases where designation power used 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.
- Committee
- Drawn to the special attention of the Houses by a scrutiny committee
Procedural history
- Instrument created 7 July 2020
- Instrument made (signed into law) 7 July 2020
- Laid before the House of Commons 9 July 2020 · Commons
- Laid before the House of Lords 9 July 2020 · Lords
- Considered by the Secondary Legislation Scrutiny Committee (SLSC) 21 July 2020 · Lords
- No comment by the Secondary Legislation Scrutiny Committee (SLSC) 21 July 2020 · Lords
- Objection period ends 19 September 2020
- Instrument remains law 19 September 2020
- Procedure concluded in the House of Commons and the House of Lords 19 September 2020 · Commons, Lords
- Considered by the Joint Committee on Statutory Instruments (JCSI) 30 September 2020 · Commons, Lords
- Drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 30 September 2020 · Commons, Lords
- Joint Committee on Statutory Instruments (JCSI) draws the special attention of both Houses to the instrument on the grounds that there is doubt as to whether they are intra vires 30 September 2020 · Commons, Lords
- Instrument comes into force as law Date not recorded
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