The Global Irregular Migration and Trafficking in Persons Sanctions Regulations 2025
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4 Purposes
(1) The purposes of the regulations contained in this instrument are to prevent and combat— (a) people smuggling; (b) trafficking in persons; (c) the instrumentalisation of migration for the purpose of destabilisation. (2) In paragraph (1)— “instrumentalisation of migration for the purpose of destabilisation” occurs where the government of a country (“X”), or other person who is in control of X or is otherwise responsible for administering the affairs of X, or a group backed by the government or a person who is in control of X, facilitates, encourages or assists (in each case whether by an act or omission)— the movement of an individual in X towards the border of X, an individual in X to travel, whether directly or indirectly, to any country other than X, the movement of an individual in a country other than X (“Y”) towards the border of Y, or an individual in Y to travel, whether directly or indirectly, to any country other than X or Y, for the purpose of causing the destabilisation of any country other than X; “people smuggling” occurs where a person facilitates (whether by an act or omission) with a view to obtaining (directly or indirectly) any gain or benefit— the unlawful entry into, the unlawful arrival in, or the unlawful stay in, a country of an individual who is not a national of that country or permanently resident in it; “trafficking in persons” involves the undertaking (whether by an act or omission) by a person (“B”) of one or more of the types of conduct specified in paragraph (3), subject to the condition set out in paragraph (4). (3) The types of conduct specified in this paragraph are the— (a) recruitment, (b) transportation, (c) transfer, (d) harbouring, or (e) receipt, of any individual (“A”) by B. (4) The condition in this paragraph is that the conduct specified in paragraph (3) is undertaken— (a) for the purpose of exploitation of A, and (b) using— (i) coercive means, or (ii) where A has not yet reached the age of 18, any means. (5) For the purpose of paragraph (4)(b), the identity of the person who uses the means is irrelevant. (6) For the purpose of the definition of “trafficking in persons” in paragraph (2), any consent purportedly given by A to— (a) A’s recruitment, transportation, transfer, harbouring or receipt, or (b) the exploitation which is the purpose of A’s recruitment, transportation, transfer, harbouring or receipt, is irrelevant. (7) A is not to be treated as having been trafficked under the definition of “trafficking in persons” in paragraph (2) if— (a) A has not yet reached the age of 18, (b) no coercive means are used, and (c) either of the conditions in paragraph (8) applies. (8) These are the conditions referred to in paragraph (7)— (a) the condition in this sub-paragraph is that— (i) A consents to the removal of an organ (see definition of “exploitation” in paragraph (9)), or (ii) if A is not able to give such consent, A’s parent, guardian or, if A is in the care of an organisation, a person representing that organisation consent; (b) the condition in this sub-paragraph is that— (i) A consents to being used to provide services of any kind (see definition of “exploitation” in paragraph (9)) regardless of whether A is rewarded for that use or not, and (ii) a reasonable individual aged 18 or over would not consider that A being used for that purpose amounted to exploitation. (9) In this regulation— “coercive means” means— the threat or use of force or other coercive behaviour; abduction, kidnap or false imprisonment; fraud or other deception; abuse of power or a position of vulnerability; the giving or receiving of payments to achieve the consent of a person who has control over an individual; “exploitation” includes— being subjected to slavery, servitude or forced or compulsory labour; being prostituted by another person or otherwise being subject to sexual exploitation; being subjected to force designed to induce that person to provide services of any kind; the removal of organs; the use of an individual under the age of 18 for the purpose of the provision of services of any kind; “unlawful arrival in a country” occurs where an individual commits, including by fraud or other deception, a breach or attempted breach of a law which has effect in any country and which controls, in respect of some or all individuals who are not nationals of the country or permanently resident in it, entitlement to arrive in that country; “unlawful entry into a country” occurs where an individual commits, including by fraud or other deception, a breach or attempted breach of a law which has effect in any country and which controls, in respect of some or all individuals who are not nationals of the country or permanently resident in it, entitlement to enter into that country; “unlawful stay in a country” occurs where an individual commits, including by fraud or other deception, a breach or attempted breach of a law which has effect in any country and which controls, in respect of some or all individuals who are not nationals of the country or permanently resident in it, entitlement to remain in that country. (10) For the purpose of paragraph (8), a person specified in paragraph (11) may only give consent if it is reasonable to do so having regard to all the circumstances of the case. (11) The persons specified in this paragraph are— (a) A, (b) A’s parent or guardian, or (c) if A is in the care of an organisation, a person representing that organisation.
4 Purposes
(1) The purposes of the regulations contained in this instrument are to prevent and combat— (a) people smuggling; (b) trafficking in persons; (c) the instrumentalisation of migration for the purpose of destabilisation. (2) In paragraph (1)— “instrumentalisation of migration for the purpose of destabilisation” occurs where the government of a country (“X”), or other person who is in control of X or is otherwise responsible for administering the affairs of X, or a group backed by the government or a person who is in control of X, facilitates, encourages or assists (in each case whether by an act or omission)— the movement of an individual in X towards the border of X, an individual in X to travel, whether directly or indirectly, to any country other than X, the movement of an individual in a country other than X (“Y”) towards the border of Y, or an individual in Y to travel, whether directly or indirectly, to any country other than X or Y, for the purpose of causing the destabilisation of any country other than X; “people smuggling” occurs where a person facilitates (whether by an act or omission) with a view to obtaining (directly or indirectly) any gain or benefit— the unlawful entry into, the unlawful arrival in, or the unlawful stay in, a country of an individual who is not a national of that country or permanently resident in it; “trafficking in persons” involves the undertaking (whether by an act or omission) by a person (“B”) of one or more of the types of conduct specified in paragraph (3), subject to the condition set out in paragraph (4). (3) The types of conduct specified in this paragraph are the— (a) recruitment, (b) transportation, (c) transfer, (d) harbouring, or (e) receipt, of any individual (“A”) by B. (4) The condition in this paragraph is that the conduct specified in paragraph (3) is undertaken— (a) for the purpose of exploitation of A, and (b) using— (i) coercive means, or (ii) where A has not yet reached the age of 18, any means. (5) For the purpose of paragraph (4)(b), the identity of the person who uses the means is irrelevant. (6) For the purpose of the definition of “trafficking in persons” in paragraph (2), any consent purportedly given by A to— (a) A’s recruitment, transportation, transfer, harbouring or receipt, or (b) the exploitation which is the purpose of A’s recruitment, transportation, transfer, harbouring or receipt, is irrelevant. (7) A is not to be treated as having been trafficked under the definition of “trafficking in persons” in paragraph (2) if— (a) A has not yet reached the age of 18, (b) no coercive means are used, and (c) either of the conditions in paragraph (8) applies. (8) These are the conditions referred to in paragraph (7)— (a) the condition in this sub-paragraph is that— (i) A consents to the removal of an organ (see definition of “exploitation” in paragraph (9)), or (ii) if A is not able to give such consent, A’s parent, guardian or, if A is in the care of an organisation, a person representing that organisation consent; (b) the condition in this sub-paragraph is that— (i) A consents to being used to provide services of any kind (see definition of “exploitation” in paragraph (9)) regardless of whether A is rewarded for that use or not, and (ii) a reasonable individual aged 18 or over would not consider that A being used for that purpose amounted to exploitation. (9) In this regulation— “coercive means” means— the threat or use of force or other coercive behaviour; abduction, kidnap or false imprisonment; fraud or other deception; abuse of power or a position of vulnerability; the giving or receiving of payments to achieve the consent of a person who has control over an individual; “exploitation” includes— being subjected to slavery, servitude or forced or compulsory labour; being prostituted by another person or otherwise being subject to sexual exploitation; being subjected to force designed to induce that person to provide services of any kind; the removal of organs; the use of an individual under the age of 18 for the purpose of the provision of services of any kind; “unlawful arrival in a country” occurs where an individual commits, including by fraud or other deception, a breach or attempted breach of a law which has effect in any country and which controls, in respect of some or all individuals who are not nationals of the country or permanently resident in it, entitlement to arrive in that country; “unlawful entry into a country” occurs where an individual commits, including by fraud or other deception, a breach or attempted breach of a law which has effect in any country and which controls, in respect of some or all individuals who are not nationals of the country or permanently resident in it, entitlement to enter into that country; “unlawful stay in a country” occurs where an individual commits, including by fraud or other deception, a breach or attempted breach of a law which has effect in any country and which controls, in respect of some or all individuals who are not nationals of the country or permanently resident in it, entitlement to remain in that country. (10) For the purpose of paragraph (8), a person specified in paragraph (11) may only give consent if it is reasonable to do so having regard to all the circumstances of the case. (11) The persons specified in this paragraph are— (a) A, (b) A’s parent or guardian, or (c) if A is in the care of an organisation, a person representing that organisation.
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