The Global Irregular Migration and Trafficking in Persons Sanctions Regulations 2025

Schedule 2 Treasury licences: purposes

Regulation 26(2) Interpretation 1 (1) In this Schedule— “designated person” has the same meaning as it has in Part 3 (finance); “frozen account” has the meaning given in regulation 22(7) (finance: exceptions from prohibitions); “frozen funds or economic resources” means funds or economic resources frozen by virtue of regulation 14 (asset-freeze in relation to designated persons) .... (2) For the purposes of this Schedule, references to a designated person are to be read as including a person (“C”) who is owned or controlled directly or indirectly (within the meaning of regulation 9) by the designated person (“P”). (3) When determining for the purposes of paragraph 8 when C became a designated person, C is to be treated as having become a designated person at the same time as P. Basic needs 2 (1) To enable the basic needs of a designated person, or (in the case of an individual) any dependent family member of such a person, to be met. (2) In the case of an individual, in sub-paragraph (1) “basic needs” includes— (a) medical needs; (b) needs for— (i) food; (ii) payment of insurance premiums; (iii) payment of tax; (iv) rent or mortgage payments; (v) utility payments. (3) In the case of a person other than an individual, in sub-paragraph (1) “basic needs” includes needs for— (a) payment of insurance premiums; (b) payment of reasonable fees for the provision of property management services; (c) payment of remuneration, allowances or pensions of employees; (d) payment of tax; (e) rent or mortgage payments; (f) utility payments. (4) In sub-paragraph (1)— “dependent” means financially dependent; “family member” includes— the wife or husband of the designated person; the civil partner of the designated person; any parent or other ascendant of the designated person; any child or other descendant of the designated person; any person who is a brother or sister of the designated person, or a child or other descendant of such a person. Legal services 3 To enable the payment of— (a) reasonable professional fees for the provision of legal services, or (b) reasonable expenses associated with the provision of legal services. Maintenance of frozen funds and economic resources 4 To enable the payment of— (a) reasonable fees, or (b) reasonable service charges, arising from the routine holding or maintenance of frozen funds or economic resources. Extraordinary expenses 5 To enable an extraordinary expense of a designated person to be met. Judicial decisions etc. 6 To enable the implementation or satisfaction (in whole or in part) of a judicial, administrative or arbitral decision or lien which is enforceable in the United Kingdom (the “judicial decision”), provided that— (a) where funds or economic resources are made available to a designated person, they are credited to a frozen account or otherwise frozen by virtue of regulation 14 (asset-freeze in relation to designated persons); (b) where funds or economic resources are made available by a person (including a designated person) to a designated person to enable the implementation or satisfaction of the judicial decision, no other designated person benefits, directly or indirectly. Extraordinary situation 7 To enable anything to be done to deal with an extraordinary situation. Prior obligations 8 To enable the satisfaction of an obligation of a designated person (whether arising under a contract, other agreement or otherwise), provided that— (a) the obligation arose before the date on which the person became a designated person, and (b) no payments are made to another designated person, whether directly or indirectly. Diplomatic missions etc. 9 (1) To enable anything to be done in order that the functions of a diplomatic mission or consular post, or of an international organisation enjoying immunities in accordance with international law, may be carried out. (2) In this paragraph— “consular post” has the same meaning as in the Vienna Convention on Consular Relations done at Vienna on 24 April 1963, and any reference to the functions of a consular post is to be read in accordance with that Convention; “diplomatic mission” and any reference to the functions of a diplomatic mission are to be read in accordance with the Vienna Convention on Diplomatic Relations done at Vienna on 18 April 1961. Humanitarian assistance activity 10 (1) To enable anything to be done in connection with the performance of any humanitarian assistance activity. (2) In sub-paragraph (1), “humanitarian assistance activity” includes the work of international and non-governmental organisations carrying out relief activities for the benefit of the civilian population of a country. Insolvency 11 (1) To enable anything to be done in connection with— (a) any insolvency and restructuring proceedings relating to an insolvent person, (b) any other relevant proceedings relating to a person other than an individual, or (c) proceedings under the insolvency law of a country other than the United Kingdom that correspond to the proceedings in paragraph (a) or (b), provided that any payments made directly or indirectly to a designated person are credited to a frozen account. (2) In this paragraph— “enactment” has the meaning given in section 54(6) of the Act (regulations: general); “insolvency and restructuring proceedings” includes— the regimes and proceedings set out in Parts A1 to 6 of the Insolvency Act 1986, Parts 1A to 7 of the Insolvency (Northern Ireland) Order 1989 and so much of Part 1 of that Order as applies for the purposes of those Parts, but excluding— proceedings under Chapter 3 of Part 4 of the Insolvency Act 1986 (members’ voluntary winding up), and proceedings under Chapter 3 of Part 5 of the Insolvency (Northern Ireland) Order 1989 (members’ voluntary winding up); arrangements and reconstructions under Part 26 of the Companies Act 2006; arrangements and reconstructions for companies in financial difficulty under Part 26A of the Companies Act 2006; the proceedings and arrangements set out in the Bankruptcy (Scotland) Act 2016; “insolvent person” means a person (“P”), other than an individual, where— P is unable to pay its debts as they fall due, or the value of P’s assets is less than the amount of its liabilities, taking into account its contingent and prospective liabilities; “other relevant proceedings” means— the regimes and proceedings set out in— sections 367 and 377A to 377J of, or Schedule 19C to, the Financial Services and Markets Act 2000; the Insurers (Reorganisation and Winding Up) (Lloyd’s) Regulations 2005; Parts 1 (special resolution regime) to 3 of the Banking Act 2009 (including Parts 2 (bank insolvency) and 3 (bank administration) as applied to building societies by section 90C of the Building Societies Act 1986 (application of bank insolvency and administration legislation to building societies)); the Investment Bank Special Administration Regulations 2011; Part 6 of the Financial Services (Banking Reform) Act 2013 (special administration for operators of certain infrastructure systems); the Payment and Electronic Money Institution Insolvency Regulations 2021; Schedule 11 to the Financial Services and Markets Act 2023 (central counterparties); proceedings under any other special administration regime; “special administration regime” means provision made by an enactment for an insolvency procedure that— is similar or corresponds to the ordinary administration procedure provided for by Schedule B1 to the Insolvency Act 1986 (administration) or Schedule B1 to the Insolvency (Northern Ireland) Order 1989 (administration), and provides for the administrator to have one or more special objectives instead of or in addition to the objectives of ordinary administration. Designated money service businesses 12 (1) To enable a registered money service business which is a designated person to make a repayment, provided that— (a) no payments are made to a designated person, whether directly or indirectly, (b) the original payment did not contravene the prohibitions in regulations 14 to 18 (asset freeze etc.), and (c) the repayment would not be contrary to the interests of the prevention or detection of serious crime in the United Kingdom or elsewhere. (2) In sub-paragraph (1)—- “money service business” has the same meaning as it has in regulation 3 of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (general interpretation); “original payment” means a payment from a person who is not a designated person (“P”) to the registered money service business which was made before the registered money service business became a designated person; “registered money service business” means a money service business included in a register provided for by regulation 54 of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (duty to maintain registers of certain relevant persons); “repayment” means a payment from the registered money service business to P which is of the same amount as the original payment.