The Global Anti-Corruption Sanctions Regulations 2021

UK Statutory Instrument 2021 No. 488 — creates 7 criminal offences.

Made

23 April 2021

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 for the purpose of preventing and combatting serious corruption. The Regulations confer a power on the Secretary of State to designate persons who are, or have been, involved in serious corruption. Designated persons may be excluded from the United Kingdom and may be made subject to financial sanctions, including having their funds 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 to allow 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 Regulations. Schedule 2 sets out the purposes under which the Treasury will issue such licences. The Regulations prescribe powers for the provision and sharing of information to enable the effective implementation and enforcement of the sanctions regime. 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 also revoke the Misappropriation (Sanctions) (EU Exit) Regulations 2020. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. Instead a de minimis assessment has been prepared as this instrument is likely to entail some costs for businesses, but the net impact is estimated to be below £5 million per year.

Offences created by this instrument

• Asset-freeze in relation to designated persons regulation 11(3) · 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 22(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 22(2) · Status not determined · Strict liability
• Finance: reporting obligations regulation 24(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 28(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 33(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

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

• Global Anti-Corruption Sanctions Commons · Written Statements · 26 April 2021 · The Secretary of State for Foreign, Commonwealth and Development Affairs and First Secretary of State (Dominic Raab)

  I have today laid before Parliament, under the powers of the Sanctions and Anti-Money Laundering Act 2018, the Global Anti-Corruption Sanctions Regulations 2021. The sanctions regime established by these regulations seeks to prevent and combat serious corruption around the world by allowing for asset freezes and travel bans to be imposed on individuals or organisations involved in serious corruption. It is a smart tool allowing the Government to target corrupt actors and their enablers. It will prevent those responsible from entering the UK or laundering their ill-gotten assets here. These…

• Global Anti-Corruption Sanctions Regulations 2021 Commons · General Committees · 25 May 2021 · The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (James Duddridge)

  I beg to move, That the Committee has considered the Global Anti-Corruption Sanctions Regulations 2021 (S.I. 2021, No. 488). It is a pleasure to serve under your chairmanship, Ms Fovargue. On 26 April, the Government laid the Global Anti-Corruption Sanctions Regulations 2021, under the powers in the Sanctions and Anti-Money Laundering Act 2018. Corruption is one of the key drivers in undermining human rights, democracy, development and the rule of law around the world. It also undermines global prosperity, which reduces taxation that could have gone to fund public services. Corruption also…

• Global Anti-Corruption Sanctions Regulations 2021 Commons · General Committees · 25 May 2021
• Global Anti-Corruption Sanctions Regulations 2021 Lords · Lords Chamber · 26 May 2021
• Crown Dependencies: Contributions Lords · Lords Chamber · 1 July 2021 · Lord Wolfson of Tredegar (Con)

  My Lords, as sanctions are a tool of foreign policy, it is government policy for UK sanctions measures to be given effect in the Crown dependencies to make those sanctions as effective as possible. The Crown dependencies apply UK sanctions, including, for example, the Global Human Rights Sanctions Regulations 2020 and the Global Anti-Corruption Sanctions Regulations 2021. The FCDO and Her Majesty’s Treasury ensure robust implementation of sanctions. There is considerable sanctions-related engagement with the Crown dependencies, including meetings and webinars, to make sure that all the…

• Global Anti-corruption Sanctions Commons · Written Statements · 22 July 2021 · The Secretary of State for Foreign, Commonwealth and Development Affairs and First Secretary of State (Dominic Raab)

  Today, the UK has imposed asset freezes and travel bans on five individuals under the Global Anti-Corruption Sanctions Regulations 2021. This is the second set of designations under this regime since the regulations were laid in April 2021. The regime can be used to impose sanctions for serious corruption around the world. As set out in the regulations, the activities covered are bribery and misappropriation, plus a range of different kinds of involvement in such bribery or misappropriation. These designations address cases of serious corruption which have deprived citizens of vital…

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 23 April 2021
• Instrument made (signed into law) 23 April 2021
• Instrument comes into force as law 26 April 2021
• Laid before the House of Commons 26 April 2021 · Commons
• Laid before the House of Lords 26 April 2021 · Lords
• Motion to approve the instrument tabled by the Government 26 April 2021 · Commons
• Motion to approve the instrument lapsed at end of session 29 April 2021 · Commons
• Considered by the Secondary Legislation Scrutiny Committee (SLSC) 11 May 2021 · Lords
• No comment by the Secondary Legislation Scrutiny Committee (SLSC) 11 May 2021 · Lords
• Considered by the Joint Committee on Statutory Instruments (JCSI) 12 May 2021 · Commons, Lords
• Not drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 12 May 2021 · Commons, Lords
• Motion to approve the instrument tabled by the Government 12 May 2021 · Commons
• Motion to approve the instrument tabled by the Government 12 May 2021 · Lords
• Delegated Legislation Committee (DLC) debate 25 May 2021 · Commons
• Question put on motion to consider the instrument 25 May 2021 · Commons
• Motion to consider the instrument approved 25 May 2021 · Commons
• Chamber debate 26 May 2021 · Lords
• Question on motion to approve the instrument put 26 May 2021 · Commons
• Instrument approved 26 May 2021 · Commons
• Question on motion to approve the instrument put 26 May 2021 · Lords
• Instrument approved 26 May 2021 · Lords
• Instrument remains law 26 May 2021
• Procedure concluded in the House of Commons and the House of Lords 26 May 2021 · Commons, Lords
• Approval period ends 10 June 2021

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 2021