The Global Irregular Migration and Trafficking in Persons Sanctions Regulations 2025

8 Designation conditions: meaning of “involved person”

(1) For the purposes of regulations 6(4) (conditions for the designation of persons by name) and 7(5) (conditions for the designation of persons by description), an “involved person” means a person who— (a) is or has been involved in a relevant activity, (b) is owned or controlled directly or indirectly (within the meaning of regulation 9) 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. (2) For the purposes of this regulation a person is involved in a relevant activity if— (a) the person is responsible for or engages in (or takes any action with the intention of engaging in) such an activity; (b) the person facilitates, incites, promotes or provides support for (or takes any action with the intention of facilitating, inciting, promoting or providing support for) such an activity; (c) the person profits (or takes any action with the intention of profiting) financially or obtains (or takes any action with the intention of obtaining) any other benefit from such an activity; (d) the person— (i) receives, whether in whole or in part, funds, economic resources, goods, technology or services in relation to relevant criminality or which, whether in whole or in part, constitute payment for the people smuggling of a person (“A”) (or their value or any representation of their value) by any means, or (ii) transfers, whether in whole or in part, (or takes any action with the intention of transferring) those funds, economic resources, goods, technology or services (or their value or any representation of their value) by any means; (e) the person conceals or disguises (or takes any action with the intention of concealing or disguising), or facilitates (or takes any action with the intention of facilitating) the concealment or disguise of— (i) such an activity, or (ii) any profit or proceeds from such an activity; (f) the person transfers or converts (or takes any action with the intention of transferring or converting), or facilitates (or takes any action with the intention of facilitating) the transfer or conversion of, any profit or proceeds from such an activity; (g) the person provides (or takes any action with the intention of providing) financial services, or makes available (or takes any action with the intention of making available) funds, economic resources, goods or technology, that could contribute to such an activity, or provides financial services relating to such making available; (h) the person provides (or takes any action with the intention of providing) financial services, or makes available (or takes any action with the intention of making available) funds, economic resources, goods or technology, to a person whose conduct falls within sub-paragraph (a) or (b); (i) the person is involved in (or takes any action with the intention of being involved in) any other action, policy, activity or conduct which promotes, enables or facilitates (or is intended to promote, enable or facilitate) such an activity; (j) the person is responsible for the investigation or prosecution of such an activity and intentionally or recklessly fails to fulfil that responsibility; (k) the person uses (or takes any action with the intention of using) threats, intimidation or physical force to interfere, or otherwise interferes (or takes any action with the intention of interfering), in any law enforcement or judicial process in connection with such an activity; (l) the person contravenes or circumvents (or takes any action with the intention of contravening or circumventing), or is involved in (or takes any action with the intention of being involved in) assisting the contravention or circumvention of, any relevant provision. (3) For the purpose of paragraph (2)(d)— (a) it is immaterial whether— (i) the person or A are or have been otherwise involved in relevant activity, or (ii) the funds, economic resources, goods, technology or services which— (aa) the person receives as payment for the people-smuggling of A, or (bb) including their value or any representation of their value, are then transferred by the person or any other person or received by any other person, are from A or from any other person; (b) “transfers” includes transmission by any means and making available by any means. (4) In this regulation— “criminal activities” are activities that— constitute an offence punishable with imprisonment for a term of four years or more in the jurisdiction in which they occur, and are carried on with a view to obtaining (directly or indirectly) any gain or benefit; “people smuggling” has the same meaning as in regulation 4(2) (purposes); “relevant activity” means any activity falling within regulation 4(1) or any relevant criminality; “relevant criminality” means any criminal activities which facilitate, promote or provide support for (or are intended to facilitate, promote or provide support for) any activity falling within regulation 4(1); “relevant provision” means— any provision of Part 3 (finance), or 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) Nothing in any sub-paragraph of paragraph (2) is to be taken to limit the meaning of any of the other sub-paragraphs of that paragraph. (6) Any reference in this regulation to being involved in an activity includes being so involved wherever any actions constituting the involvement take place.