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Financial sanctions, Counter-terrorism

01/20/2022 | 12:26am EDT

The Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019 have come into force and replaced Part 1 of the Terrorist Asset-Freezing etc. Act 2010 (TAFA).

Context

This sanctions regime aims to further the prevention of terrorism in the UK or elsewhere and protect UK national security interests. It is through this regime that the UK will implement its international obligations under UN Security Council Resolution 1373.

There are other sanctions regimes relating to countering terrorism: The ISIL (Da'esh) and Al-Qaida (United Nations Sanctions) (EU Exit) regime and the Counter-Terrorism (International Sanctions) (EU Exit) regime.

Counter-Terrorism Licensing Policy

Licences authorise certain activities or types of transaction that would otherwise be prohibited by asset freezing legislation.  In addition to issuing licences relating to a specific person, the Treasury may also issue general licences, which authorise otherwise prohibited activity by a particular category of persons (who fall within the licence criteria). For further details on the Treasury's approach to licensing, see our page on counter-terrorism licensing policy.

Annual Review

Section 30 of the Sanctions and Anti Money Laundering Act 2018 ("SAMLA 2018") requires regulations made under the Act to be reviewed annually to determine whether the regulations are still appropriate for the purposes stated within them. The Economic Secretary has reviewed the Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019 and determined they are still fit for purpose as currently drafted. This report has been laid before Parliament.

UN resolutions

UN Resolution 1373 (2001) is available online along with other relevant UN Resolutions. UNSCR 1373(2001) includes, amongst others, a requirement that UN member states must (a) prevent and suppress the financing of terrorist acts, (b) freeze the funds and economic resources of persons who commit or attempt to commit terrorist acts or participate in or facilitate the commission of such acts, and (c) prohibit their nationals and those within their territories from making funds, financial services or economic resources available to or for the benefit of such persons.

UK Regulations

The Terrorist Asset-Freezing etc. Act 2010 (applicable prior to 11pm on 31 December 2020) was the legislation that previously enforced the UK's obligations under UN Security Council Resolution 1373.

Find out more about UK domestic counter-terrorism sanctions

Disclaimer

HMT - UK Her Majesty's Treasury published this content on 18 January 2022 and is solely responsible for the information contained therein. Distributed by Public, unedited and unaltered, on 20 January 2022 05:25:05 UTC.


© Publicnow 2022
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