Defined terms — Sanctions and Anti-Money Laundering Act 2018
United Kingdom · ukpga/2018/13 · 586 provisions
90 defined in this instrument.
a provision of retained EU sanctions law — a provision of retained EU law which corresponds to any provision that by virtue of any of sections 3 and 5 to 7 could be made by regulations under section 1 in relation to designated persons Section 34(6)
a publicly accessible register of the beneficial ownership of companies — a register which, in the opinion of the Secretary of State, provides information broadly equivalent to that available in accordance with the provisions of Part 21A of the Companies Act 2006 Section 51(7)
a register of beneficial owners of overseas entities — a public register—
which contains information about overseas entities and persons with significant control over them, and
which in the opinion of the Secretary of State will assist in the prevention of money laundering Section 50(6)
a relevant designation — a designation made under a designation power contained in regulations under section 1;
“the Minister”, in relation to a relevant designation, means the appropriate Minister who made that designation Section 22(1)
a ship specification — a specification of a ship made under a power contained in regulations under section 1 by virtue of section 14;
“the Minister”, in relation to a ship specification, means the appropriate Minister who made that specification Section 26(1)
a ship specification — a specification of a ship made under a power contained in regulations under section 1 by virtue of section 14 Section 38(6)
airport — the aggregate of the land, buildings and works comprised in an aerodrome within the meaning of the Civil Aviation Act 1982 (see section 105(1) of that Act);
“airport operator”, in relation to an airport, means the person by whom the airport is managed;
“British-controlled aircraft” has the same meaning as in section 92 of the Civil Aviation Act 1982 Section 6(10)
an involved person — a person who—
is or has been involved in an activity specified in the regulations,
is owned or controlled directly or indirectly by a person who is or has been so involved,
is acting on behalf of or at the direction of a person who is or has been so involved, or
is a member of, or associated with, a person who is or has been so involved Section 11(3)
an involved person — a person who—
is or has been involved in an activity which is specified, by regulations made by an appropriate Minister, in relation to the list in question,
is owned or controlled directly or indirectly by a person who is or has been so involved,
is acting on behalf of or at the direction of a person who is or has been so involved, or
is a member of, or associated with, a person who is or has been so involved Section 35(2)
another enactment — any provision of or made under an Act, other than a provision of the regulations to which the report relates Schedule 2, paragraph 21(5)
appropriate authority — —
an appropriate Minister, or
such other person as may be prescribed Section 16(3)
British Overseas Territories — a territory listed in Schedule 6 of the British Nationality Act 1981 Section 51(6)
British ship — a ship falling within paragraph (a), (c), (d) or (e) of section 7(12) Section 19(13)
British ship — a ship which—
is registered under Part 2 of the Merchant Shipping Act 1995,
is a Government ship within the meaning of that Act,
is registered under the law of a relevant British possession,
is not registered under the law of a country outside the United Kingdom but is wholly owned by persons each of whom has a United Kingdom connection, or
is registered under an Order in Council under section 1 of the Hovercraft Act 1968 Section 7(12)
CEMA — the Customs and Excise Management Act 1979;
“objects of cultural interest” includes objects of historical or scientific interest Schedule 1, Part 2, paragraph 37
conduct — an act or omission Section 17A(7)
corrective direction — a direction given in respect of a person and a list following the giving of a direction under section 34(3)(a) in respect of that person and list Section 39(3)
designated persons — —
persons designated under any power contained in the regulations that authorises an appropriate Minister to designate persons for the purposes of the regulations or of any provisions of the regulations, or
persons who are designated persons under any provision included in the regulations by virtue of section 13 (persons named by or under UN Security Council Resolutions) Section 9(2)
disqualified aircraft — aircraft—
owned, chartered or operated by—
designated persons,
persons connected with a prescribed country, or
a prescribed description of persons connected with a prescribed country,
registered in a prescribed country, or
originating from a prescribed country Section 6(6)
disqualified ships — ships—
owned, controlled, chartered, operated or crewed by—
designated persons,
persons connected with a prescribed country, or
a prescribed description of persons connected with a prescribed country,
registered in a prescribed country,
flying the flag of a prescribed country, or
originating from a prescribed country Section 7(8)
economic resources — assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but can be used to obtain funds, goods or services Section 60(2)
enforcement partners — bodies with which supervisory authorities enter into arrangements for the purposes of the enforcement of regulations under section 49;
“money laundering” has the meaning given by section 49 Schedule 2, paragraph 24
EU provision — —
a provision of retained EU sanctions law (within the meaning of section 34), or
a provision of an instrument made by the Council of the European Union Section 35(11)
Excluded person — —
a person named by or under, or of a description specified in, an instrument falling within subsection (5), or
a person who under regulations under section 1 of the Sanctions and Anti-Money Laundering Act 2018 is an excluded person for the purposes of this section (see section 4 of that Act) Schedule 3, Part 1, paragraph 1(3)
export — export from the United Kingdom,
goods removed to the Isle of Man from the United Kingdom are not to be regarded as exported, and
goods transported out of the United Kingdom by aircraft or ship as stores within the meaning of CEMA (see section 1(1) and (4) of that Act) are to be regarded as exported Schedule 1, Part 2, paragraph 32
financial products — —
money market instruments (including cheques, bills and certificates of deposit);
foreign exchange;
derivative products (including futures and options);
exchange rate and interest rate instruments (including products such as swaps and forward rate agreements);
transferable securities;
other negotiable instruments and financial assets (including bullion) Section 61(3)
financial services — any service of a financial nature, including (but not limited to)—
insurance-related services consisting of—
direct life assurance;
direct insurance other than life assurance;
reinsurance and retrocession;
insurance intermediation, such as brokerage and agency;
services auxiliary to insurance, such as consultancy, actuarial, risk assessment and claim settlement services;
banking and other financial services consisting of—
accepting deposits and other repayable funds;
lending (including consumer credit, mortgage credit, factoring and financing of commercial transactions);
financial leasing;
payment and money transmission services (including credit, charge and debit cards, travellers' cheques and bankers' drafts);
providing guarantees or commitments;
financial trading (as defined in subsection (2));
participating in issues of any kind of securities (including underwriting and placement as an agent, whether publicly or privately) and providing services related to such issues;
money brokering;
asset management, such as cash or portfolio management, all forms of collective investment management, pension fund management, custodial, depository and trust services;
settlement and clearing… Section 61(1)
financial trading — trading for own account or for account of customers, whether on an investment exchange, in an over-the- counter market or otherwise, in financial products Section 61(2)
foreign ship — a ship which—
is registered in a State other than the United Kingdom, or
is not so registered but is entitled to fly the flag of a State other than the United Kingdom Section 19(13)
foreign waters — the sea and other waters within the seaward limits of the territorial sea adjacent to any relevant British possession or State other than the United Kingdom;
“goods” includes technology within the meaning of Schedule 1 (see paragraph 37 of that Schedule);
“home state”, in relation to a foreign ship, means—
the State in which the ship is registered, or
the State whose flag the ship is otherwise entitled to fly Section 19(13)
funds — financial assets and benefits of every kind, including (but not limited to)—
cash, cheques, claims on money, drafts, money orders and other payment instruments;
deposits, balances on accounts, debts and debt obligations;
publicly and privately traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivative products;
interest, dividends and other income on or value accruing from or generated by assets;
credit, rights of set-off, guarantees, performance bonds and other financial commitments;
letters of credit, bills of lading and bills of sale;
documents providing evidence of an interest in funds or financial resources;
any other instrument of export financing Section 60(1)
immigration claim — any representation made by a person to an appropriate Minister which—
is made in connection with an immigration designation of that person, and
is within subsection (3) Section 48(2)
immigration designation — a designation of a person (whether by name or by description) which—
is made under a designation power contained in regulations under section 1, and
designates the person for the purposes of any provision of the regulations that provides for designated persons to be excluded persons for the purposes of section 8B of the Immigration Act 1971 Section 48(1)
import — import into the United Kingdom, but
goods removed to the United Kingdom from the Isle of Man are not to be regarded as imported.
Sub-paragraph (a) does not apply for the purposes of paragraph 34 Schedule 1, Part 2, paragraph 33
international obligation — an obligation of the United Kingdom created or arising by or under any international agreement Section 1(8)
international waters — waters beyond the territorial sea of the United Kingdom or of any other State or relevant British possession Section 19(13)
Money Laundering Regulations 2017 — the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692) Schedule 2, paragraph 24
non-UN regulations — any regulations under section 1 which are not UN regulations.
are regulations the stated purpose of which, or one of the stated purposes of which, is compliance with a UN obligation, or
amend regulations under section 1 the stated purpose of which, or one of the stated purposes of which, is compliance with a UN obligation Section 55(7)
oversight body — a body on which functions are conferred under paragraph 8(1) Schedule 2, paragraph 24
primary legislation — —
an Act of Parliament,
an Act of the Scottish Parliament,
a Measure or Act of the National Assembly for Wales, or
Northern Ireland legislation Section 55(10)
prohibited goods — goods which have been, or are being, dealt with in contravention of a relevant prohibition or requirement (see subsection (3)) Section 19(13)
registration — registration in the register of aircraft kept by the CAA Section 6(10)
registration — registration in the register of British ships maintained by the Registrar Section 7(14)
regulations — regulations under section 1;
“ship” includes every description of vessel (including a hovercraft) used in navigation;
“specified ship” has the meaning given by section 14 Schedule 1, Part 2, paragraph 37
regulations — regulations under section 1 Section 15(1)
regulations — regulations under section 1 Section 17(1)
regulations — regulations under section 1 Section 17A(7)
regulations — regulations under section 1;
“relevant British possession” has the same meaning as in section 7 (see subsection (14) of that section);
“ship” has the same meaning as in section 7 (see subsection (14) of that section) Section 19(13)
regulations — regulations under section 1 Section 20(11)
related rules of court — rules of court that—
are contained in the same instrument as the rules mentioned in subsection (3) or (as the case may be) (4), and
relate specifically to the same kind of proceedings as those rules Section 40(14)
relevant British possession — —
any of the Channel Islands,
the Isle of Man, or
any British overseas territory;
“ship” includes every description of vessel (including a hovercraft) used in navigation, except the naval, military or air-force ships of any country Section 7(14)
relevant business — business of a kind which entails risks relating to money laundering, terrorist financing or other threats to the integrity of the financial system Schedule 2, paragraph 24
relevant claim — a claim made by (as the case may be)—
which arises from any matter relating to the designation, ship specification or direction.
a person designated by the designation,
a person affected by the ship specification, or
the person in respect of whom the direction under section 34(3)(a) was given Section 39(3)
relevant goods — goods in relation to which relevant non-UK conduct is occurring or has occurred Section 20(11)
relevant money laundering Regulations — —
the Money Laundering Regulations 2017;
Regulation (EU) 2015/847 of the European Parliament and of the Council of 20 May 2015 on information accompanying transfers of funds;
any provision made under Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing by virtue of Article 290 or 291(2) of the Treaty on the Functioning of the European Union Schedule 2, paragraph 23(2)
relevant non-UK conduct — conduct outside the United Kingdom by a person other than a United Kingdom person that would constitute a contravention of a relevant prohibition or requirement if the conduct had been—
in the United Kingdom, or
by a United Kingdom person;
“relevant prohibition or requirement” has the same meaning as in section 19 (see subsection (3) of that section);
“United Kingdom person” has the same meaning as in section 21 (see subsection (2) of that section) Section 20(11)
relevant person — a person on whom requirements are imposed under paragraph 3;
“requirements” includes prohibitions Schedule 2, paragraph 24
relevant prohibition or requirement — a prohibition or requirement—
imposed for a purpose mentioned in Part 1, and
specified in the regulations under this paragraph Schedule 1, Part 2, paragraph 28(2)
relevant prohibition or requirement — —
a prohibition or requirement imposed by regulations for a purpose mentioned in—
section 3(1)(b) to (g) or (2), or
Part 1 of Schedule 1, or
a prohibition or requirement imposed by a condition of a licence or direction issued by virtue of section 15 in relation to a prohibition or requirement mentioned in paragraph (a) Section 17(7)
relevant regulations — regulations under section 49 which create any offence for the purposes of the enforcement of any requirements imposed by or under regulations under section 49 Schedule 2, paragraph 21(1)
relevant time — a time when no provision of regulations under section 1 has been made the purpose (or a purpose) of which is compliance with the United Kingdom's obligation to take the measures in question Section 37(6)
rules of court — rules for regulating the practice and procedure to be followed in the High Court or the Court of Appeal Section 40(14)
sanctions regulations — regulations which do one or more of the following—
impose financial sanctions (see section 3);
impose director disqualification sanctions (see section 3A);
impose immigration sanctions (see section 4);
impose trade sanctions (see section 5 and Schedule 1);
impose aircraft sanctions (see section 6);
impose shipping sanctions (see section 7);
impose sanctions within section 8 (other sanctions for purposes of UN obligations);
make supplemental provision in connection with any provision of the regulations or other regulations made under this section Section 1(5)
ship without nationality — a ship which—
is not registered in, or otherwise entitled to fly the flag of, any State or relevant British possession, or
sails under the flags of two or more States or relevant British possessions, or under the flags of a State and relevant British possession, using them according to convenience Section 19(13)
specified — specified in the suspending regulations Section 42(2)
specified ships — ships (within the meaning of that provision) specified under any power contained in the regulations that authorises an appropriate Minister to specify ships for the purposes of the regulations or of any provisions of the regulations. In this subsection Section 14(1)
statement of reasons — a brief statement of the matters that the Minister knows, or has reasonable grounds to suspect, in relation to that person —
in the case of a designation under the standard procedure, which have led the Minister to make the designation, and
in the case of a designation under the urgent procedure, as a result of which the designation does not cease to have effect at the end of the period mentioned in subsection (2B)(b) or (2C) (as the case may be) Section 11(8)
statement of reasons — a brief statement of the matters that the Minister knows, or has reasonable grounds to suspect, in relation to persons of the specified description —
in the case of a designation under the standard procedure, which have led the Minister to make the provision designating persons of that description, and
in the case of a designation under the urgent procedure, as a result of which the persons do not cease to be designated persons at the end of the period mentioned in subsection (5A)(b) or (5B) (as the case may be) Section 12(8)
supervisory authority — the Financial Conduct Authority, the Commissioners for Her Majesty's Revenue and Customs or any other body on which functions are conferred under paragraph 7(1);
“terrorist financing” has the meaning given by section 49 Schedule 2, paragraph 24
technology — information (including information comprised in software) that is capable of use in connection with—
the development, production or use of any goods or software, or
the development of, or the carrying out of, an industrial or commercial activity or an activity of any other kind whatsoever;
“transfer”, in relation to any technology, means a transfer by any means (or combination of means), including oral communication and the transfer of goods on which the technology is recorded or from which it can be derived, other than the export of such goods Schedule 1, Part 2, paragraph 37
terrorist financing — an act which constitutes an offence under—
section 15 (fund-raising), 16 (use and possession), 17 (funding arrangements), 18 (money laundering) or 63 (terrorist finance: jurisdiction) of the Terrorism Act 2000,
paragraph 7(2) or (3) of Schedule 3 (freezing orders: offences) to the Anti-terrorism, Crime and Security Act 2001,
any of regulations 8 to 13 of the ISIL (Da'esh) and Al-Qaida (United Nations Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/466),
any of regulations 11 to 16 of the Counter-Terrorism (International Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/573), or
any of regulations 11 to 16 of the Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/577).
.. Section 49(3)
The appropriate person — —
in relation to a decision within subsection (1)(a), the person named by the designation or, where the designation is of persons of a specified description, any person of that description;
in relation to a decision within subsection (1)(b) or (d), any person affected by the decision;
in relation to a decision within subsection (1)(c), the person who made the request Section 38(3)
the CAA — the Civil Aviation Authority;
“enactment” includes an enactment mentioned in any of paragraphs (a) to (d) of section 54(6);
“operator”, in relation to an aircraft, means the person having the management of the aircraft, and cognate expressions are to be construed accordingly;
“pilot in command”, in relation to an aircraft, means the pilot designated by the operator as being in command and charged with the safe conduct of its flight, without being under the direction of any other pilot in the aircraft Section 6(10)
the decision concerned — —
in relation to proceedings within subsection (1)(a) or (b) where the relevant application was in respect of a decision mentioned in section 38(1)(a), the decision in respect of which the relevant application was made or the designation to which that decision related;
in relation to any other proceedings within subsection (1)(a) or (b), the decision in respect of which the relevant application was made;
in relation to proceedings within subsection (1)(c), the designation or ship specification or the decision to give the direction under section 34(3)(a) Section 39(4)
the designated person — the person named by the designation or, where the designation is of persons of a specified description, any person of that description;
“the Minister” has the meaning given by section 22(1);
“relevant designation” has the meaning given by section 22(1) Section 23(4)
the Registrar — the Registrar General of Shipping and Seamen or, where functions of that person are being discharged by another person, that other person Section 7(14)
the regulations — the regulations mentioned in section 7 or section 5(1) (as the case may be) Section 14(1)
the regulations — the regulations mentioned in section 3, 3A, 4, 5(1), 6, 7 or 8 (as the case may be) Section 9(3)
the relevant UN-named persons — each such person Section 13(4)
the required conditions — —
if the designation is of a named person, the conditions of the provision included in the regulations under section 11 ...,
if the designation is of persons of a specified description, the conditions of the provision included in the regulations under section 12 ... Section 22(4)
the required conditions — the conditions of the provision included in the regulations under section 14(6) Section 26(4)
the required time — the same time as the draft of the statutory instrument containing the regulations is laid before Parliament Schedule 2, paragraph 21(6)
the Security Council — the Security Council of the United Nations Section 62(1)
the territorial sea — the territorial sea adjacent to the United Kingdom;
“terrorism” has the same meaning as in the Terrorism Act 2000 (see section 1(1) to (4) of that Act);
“UN obligation” has the meaning given by section 1(8);
“UN Security Council Resolution” has the meaning given by section 1(8) Section 62(1)
UN obligation — an obligation that the United Kingdom has by virtue of a UN Security Council Resolution Section 1(8)
UN regulations — regulations under section 1 that—
and Section 55(7)
UN Security Council Resolution — a resolution adopted by the Security Council of the United Nations Section 1(8)
UN-named person — a person for the time being named (by the Security Council or a subsidiary organ of the Security Council) for the purposes of the Resolution so far as it provides for the taking of the measures in question Section 13(4)
United Kingdom person — —
a United Kingdom national,
a body incorporated or constituted under the law of any part of the United Kingdom, ...
a body within paragraph (3) or (4) of regulation 9 of the Money Laundering Regulations 2017 (bodies to be regarded for the purposes of those Regulations as carrying on business in the United Kingdom), as that regulation has effect immediately before it is saved by section 2 of the European Union (Withdrawal) Act 2018 , or
a person—
who does not fall within any of paragraphs (a) to (c), and
who is a trustee with links to the United Kingdom (see paragraph 22A) Schedule 2, paragraph 22(2)
United Kingdom person — —
a United Kingdom national, or
a body incorporated or constituted under the law of any part of the United Kingdom Section 21(2)