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The Foreign, Commonwealth and Development Office, HM Treasury, and the Home Office welcome the report on the operation of the asset freeze provisions set out in the International Counter Terrorism (International Sanctions) (EU Exit) Regulations 2019 (CT2). The report is the first independent review of such provisions in its counter terrorism sanctions regime commissioned by Foreign, Commonwealth and Development Office (FCDO) under Sanctions and Anti-Money Laundering Act, 2018 (SAMLA); the second by His Majesty鈥檚 Government (HMG) (Review of the operation of Counter Terrorism (Sanctions) (EU Exit) Regulations 2019).

The function of the Section 31 reviewer is an important one. As mentioned in the Report, HMG has an acknowledged policy of considering the impact of sanctions on designated individuals. This report provides a robust and independent review of the operation of the asset freeze provisions of the CT2 regime, informing HMG鈥檚 important work in this area, to ensure CT2 remains fit for purpose. The report makes 4 recommendations:

聽The first is that 鈥�CT2 should be amended so it expressly contains the designation criteria and other provisions established by the 鈥�2022 Act鈥�. 聽This recommendation is accepted. The same recommendation was made with respect to HMT鈥檚 CT3 regime, and it was accepted there also. Officials across government are in discussion with a view to implementation in due course.

The second recommendation is that 鈥榯he government should consider establishing exemptions (by exception to the Regulations, or by General Licence) for humanitarian work by the bodies listed in UNSCR 2664 and those funded by the UK government鈥�. This recommendation is accepted. The UK seeks to mitigate unintended negative humanitarian impacts of sanctions and UK sanctions provide for a range of humanitarian exceptions and licensing grounds. FCDO and HM Treasury have already taken action to support the provision of humanitarian aid by issuing General Licenses across several regimes in response to unforeseen situations where sanctions could unduly impact humanitarian provisions. In response to the current conflict in Israel and the Occupied Palestinian Territories, HM Treasury issued a General Licence (OFSI General Licence - INT/2023/3749168). FCDO is working with HM Treasury and the Home Office (HO) to design and implement a tailored humanitarian exception across our autonomous financial sanctions regimes, as noted in the UK鈥檚 2023 Development White Paper.聽

The third recommendation is 鈥榯he Home Office and OFSI鈥檚 For Information Note on operating within counter-terrorism legislation and sanctions should be updated to refer to the DPP鈥檚 prosecutorial guidance鈥�. This recommendation is accepted. Officials in HO and Office of Financial Sanctions Implementation (OFSI) are coordinating with a view to updating the For Information Note in due course.

The final recommendation is that 鈥榗onsideration should be given to amending OFSI鈥檚 charity sector guidance to address the question of ownership and control of ministries and municipal authorities, including the starting point that political control does not amount to 鈥渙wnership and control鈥� within the meaning of CT2鈥�. This recommendation is partially accepted. The policy intention behind the Government鈥檚 approach to ownership and control in UK sanctions regulations is to ensure that sanctions cannot be easily circumvented. On Friday 17th November, HMG published guidance setting out its position on the role of public officials and the exercise of control over public bodies. This guidance applies across all regimes. It includes, for example, that FCDO does not generally consider designated public officials to exercise control over a public body in which they hold a leadership function, such that the affairs of that public body should be considered to be conducted in accordance with the wishes of that individual. OFSI will consider amending the charity sector guidance to signpost the newly published HMG guidance.

We are pleased that the report draws a conclusion that 鈥淭he standard of consideration and review by the FCDO has to date been high鈥�. Since the reporting period the FCDO has used the CT2 regime to designate 6 Hamas affiliated targets. As we look to use the regime to further the prevention of terrorism, we will continue to fully consider the impact of our designations in line with the legislation.