Independent report

Independent review of the International Counter Terrorism (International Sanctions) (EU Exit) Regulations 2019: government response

Published 18 December 2023

The Foreign, Commonwealth and Development Office, HM Treasury, and the Home Office welcome the report on the operation of the asset freeze provisions set out in the International Counter Terrorism (International Sanctions) (EU Exit) Regulations 2019 (CT2). The report is the first independent review of such provisions in its counter terrorism sanctions regime commissioned by Foreign, Commonwealth and Development Office (FCDO) under Sanctions and Anti-Money Laundering Act, 2018 (SAMLA); the second by His Majesty바카라 사이트檚 바카라 사이트 (HMG) (Review of the operation of Counter Terrorism (Sanctions) (EU Exit) Regulations 2019).

The function of the Section 31 reviewer is an important one. As mentioned in the Report, HMG has an acknowledged policy of considering the impact of sanctions on designated individuals. This report provides a robust and independent review of the operation of the asset freeze provisions of the CT2 regime, informing HMG바카라 사이트檚 important work in this area, to ensure CT2 remains fit for purpose. The report makes 4 recommendations:

聽The first is that 바카라 사이트�CT2 should be amended so it expressly contains the designation criteria and other provisions established by the 바카라 사이트�2022 Act바카라 사이트�. 聽This recommendation is accepted. The same recommendation was made with respect to HMT바카라 사이트檚 CT3 regime, and it was accepted there also. Officials across government are in discussion with a view to implementation in due course.

The second recommendation is that 바카라 사이트榯he government should consider establishing exemptions (by exception to the Regulations, or by General Licence) for humanitarian work by the bodies listed in UNSCR 2664 and those funded by the UK government바카라 사이트�. This recommendation is accepted. The UK seeks to mitigate unintended negative humanitarian impacts of sanctions and UK sanctions provide for a range of humanitarian exceptions and licensing grounds. FCDO and HM Treasury have already taken action to support the provision of humanitarian aid by issuing General Licenses across several regimes in response to unforeseen situations where sanctions could unduly impact humanitarian provisions. In response to the current conflict in Israel and the Occupied Palestinian Territories, HM Treasury issued a General Licence (OFSI General Licence - INT/2023/3749168). FCDO is working with HM Treasury and the Home Office (HO) to design and implement a tailored humanitarian exception across our autonomous financial sanctions regimes, as noted in the UK바카라 사이트檚 2023 Development White Paper.聽

The third recommendation is 바카라 사이트榯he Home Office and OFSI바카라 사이트檚 For Information Note on operating within counter-terrorism legislation and sanctions should be updated to refer to the DPP바카라 사이트檚 prosecutorial guidance바카라 사이트�. This recommendation is accepted. Officials in HO and Office of Financial Sanctions Implementation (OFSI) are coordinating with a view to updating the For Information Note in due course.

The final recommendation is that 바카라 사이트榗onsideration should be given to amending OFSI바카라 사이트檚 charity sector guidance to address the question of ownership and control of ministries and municipal authorities, including the starting point that political control does not amount to 바카라 사이트渙wnership and control바카라 사이트� within the meaning of CT2바카라 사이트�. This recommendation is partially accepted. The policy intention behind the 바카라 사이트바카라 사이트檚 approach to ownership and control in UK sanctions regulations is to ensure that sanctions cannot be easily circumvented. On Friday 17th November, HMG published guidance setting out its position on the role of public officials and the exercise of control over public bodies. This guidance applies across all regimes. It includes, for example, that FCDO does not generally consider designated public officials to exercise control over a public body in which they hold a leadership function, such that the affairs of that public body should be considered to be conducted in accordance with the wishes of that individual. OFSI will consider amending the charity sector guidance to signpost the newly published HMG guidance.

We are pleased that the report draws a conclusion that 바카라 사이트淭he standard of consideration and review by the FCDO has to date been high바카라 사이트�. Since the reporting period the FCDO has used the CT2 regime to designate 6 Hamas affiliated targets. As we look to use the regime to further the prevention of terrorism, we will continue to fully consider the impact of our designations in line with the legislation.