UK Terrorism Order 2009
Her Majesty’s Treasury issued a notice on July 16th to advise that the Terrorism (United Nations Measures) Order 2009 will replace its 2006 equivalent from August 10th 2009.
The notice describes the main changes as being:
- The introduction of a further condition that designations must be necessary for public protection;
- The introduction of a renewable 12 month time limit on designations;
- Modifying the prohibitions on making funds, economic resources and financial services available for the benefit of a designated person so that they only apply if the designated person obtains, or is able to obtain, a significant financial benefit. (The prohibitions on making funds, economic resources and financial services available directly to a designated person remain unchanged);
- Amending the reporting provisions to bring obligations on money service businesses in line with other financial institutions;
- Clarifying and expanding information gathering powers to ensure that the Treasury is able to request information from designated persons in all cases where this is necessary to ensure effective implementation of and compliance with the asset freeze;
- The introduction of a further provision to allow financial institutions to credit frozen accounts with funds received from third parties.
The new order also removes HM Treasury’s power to designate people that "may be" involved in terrorist activities, following a 2008 Court of Appeal decision. The court found that the 2006 Order awarded greater powers than were necessary under UN Security Council Resolution 1373.
Designations made under the 2006 order will remain in force until 31 August 2010, unless the targets are de-listed in the usual way.
See also:
The Terrorism (United Nations Measures) Order 2009
2008 Decision that the inclusion “or may be” in the 2006 Order was ultra vires: A & Ors v HM Treasury [2008] EWCA Civ 1187 (30 October 2008)
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Member Comments
Keith Hood, 21 Jul 2009 13:11
It is important to recognise that in Article 1(2) of this Order that a 'British Citizen' can commit an offence 'elsewhere'. In other words, it isn't just applicable to the UK so those who might have filed this away thinking it won't apply to them or their business might want to think again.
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