The Syria (Sanctions) (EU Exit) Regulations 2019

Designation criteria U.K.

6.—(1) The Secretary of State may not designate a person under regulation 5 unless the Secretary of State—

(a) has reasonable grounds to suspect that that person is an involved person, and

(b) considers that the designation of that person is appropriate, having regard to—

(i) the purposes stated in regulation 4, and

(ii) the likely significant effects of the designation on that person (as they appear to the Secretary of State to be on the basis of the information that the Secretary of State has).

(2) In this regulation an “involved person” means a person who—

(a) is or has been involved in—

(i) repressing the civilian population in Syria;

(ii) supporting or benefitting from the Syrian regime,

(b) is owned or controlled directly or indirectly (within the meaning of regulation 7) by a person who is or has been so involved,

(c) is acting on behalf of or at the direction of a person who is or has been so involved, or

(d) is a member of, or associated with, a person who is or has been so involved.

(3) Any reference in this regulation to being involved in one or more of the activities mentioned in paragraph (2)(a) includes being so involved in whatever way and wherever any actions constituting the involvement take place, and in particular includes—

(a) a prominent person operating or controlling a business in Syria;

(b) working for, or being affiliated to, the Syrian regime as—

(i) a Minister,

(ii) a member of the Syrian Armed Forces of the rank of colonel or the equivalent or higher,

(iii) a member of the Syrian security and intelligence services, or

(iv) a member of a militia;

(c) carrying on prohibited activities related to chemical weapons in Syria;

(d) being responsible for, engaging in or promoting an activity set out in paragraph (2)(a)(i);

(e) providing financial services M1 , or making available funds or economic resources M2 , that could contribute to an activity set out in paragraph (2)(a);

(f) being involved in the supply to Syria of restricted goods or restricted technology, or in providing financial services relating to such supply;

(g) being involved in the supply to Syria of goods or technology which could contribute to an activity set out in paragraph (2)(a), or in providing financial services relating to such supply;

(h) assisting the contravention or circumvention of any relevant provision.

(4) In this regulation “relevant provision” means—

(a) any provision of Part 3, 5 or 6;

(b) any provision of the law of a country other than the United Kingdom made for purposes corresponding to a purpose of any provision of Part 3, 5 or 6.

(5) Nothing in any sub-paragraph of paragraph (3) is to be taken to limit the meaning of any of the other sub-paragraphs of that paragraph.

(6) In this regulation, “restricted goods” and “restricted technology” mean any goods or any technology subject to a prohibition under Part 5 (Trade).

Commencement Information

I1 Reg. 6 in force at 6.4.2019, see reg. 1(2)(e)

Marginal Citations

M1 “Financial services” is defined in section 61 of the Act.

M2 “Funds” and “economic resources” are defined in section 60 of the Act.