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Brexit implications on the UK legislation concerning sanctions!

Her Majesty Treasury and Her Majesty Government, the Tories and their White paper on legislation concerning sanctions are interesting read, as you can see how combined the laws and the execution of the framework have been with the European Union, as well as the legality connected with the United Nations Security Council. This proves how laws and combined efforts have been the norm in Europe of late. That the United Kingdom government have complied and worked directly with Brussels and New York, to establish the information and the legal assistance to sanction state, businesses and individuals crossing into the United Kingdom.

Therefore, this White Paper from the HM Treasury says certain aspects the government have to work upon and how the kingdom have to make new laws to fix the issues. These issues has to be handled as the Brexit will certainly impact the legislation on sanctions and how the UK going to handle it. The words of the report is telling and expel the facts in a deep way, secondly the report also colorfully extend the needed for different sort of laws; that is both open-government and also making sure data get kept secret. This shows how much work the UK government have with rewriting and reforging their own legislation with the leaving of the EU. That cannot be worked out with a few phrases, but has to be build on a which paradigm and what precedence the Tories government seem fit. Just take a look!

This consultation is about the legal powers we need to maintain sanctions as a viable instrument of foreign policy. It is not about the policy goals themselves or how we will align UK sanctions in future with those imposed by the EU or other international partners. However we recognise that sanctions require broad application to be effective and we will continue to work closely with allies and partners to this end” (HM Government, P: 5, 2017).

The legislation will need to be in place before we leave the EU to ensure that we can preserve current UK sanctions policy, although entry into force will be timed to coincide with the date of our actual withdrawal. While the UK is a member of the EU we will continue to exercise all the rights and obligations of membership including with respect to the Common Foreign and Security Policy” (HM Government, P: 8, 2017).

Those subject to UK sanctions will be able to challenge their listing by requesting an internal review, where this is consistent with our obligations under UN Security Council Resolutions (UNSCRs). The sanctions will remain in place while the challenge or request is being considered” (HM Government, P: 21, 2017).

The Government will always seek to sanction an individual or entity on the basis of open-source evidence which can be disclosed to the listed person in the event of a legal challenge. However, in certain cases the Government may wish to rely on sensitive material, the disclosure of which would be damaging to national security, international relations or another public interest. In order to protect the sensitive material from disclosure but make it available to the presiding judge, a closed material procedure should be available” (HM Government, P: 22, 2017).

Asset-freezing regimes will contain grounds for permitting otherwise prohibited activity to authorise the release or making available of certain frozen funds or economic resources to pay for:

a) the essential needs of natural or legal persons, entities or bodies b) reasonable and necessary professional fees and reimbursement of incurred expenses associated with the provision of legal services c) the fees or service charges for routine holding or maintenance of frozen funds or economic resources and d) extraordinary situations or expenses. This will continue the licensing practice that the Government currently operates. Exemptions for country sanctions regimes will be further defined within either secondary legislation or by reference to statutory” (HM Government, P: 26, 2017).

Any new sanctions legislation would provide the Government power to obtain and share information relating to sanctions. The Government’s ability to share information will extend to Government bodies, agencies, regulators, businesses, operational partners, other public bodies and international partners. It will be similar to the ability to obtain, use, and share information under current EU legislation and will be consistent with, and subject to the safeguards in, the existing UK and international provisions regarding the sharing of information” (HM Government, P: 36, 2017).

These laws that they have to fix and make are substantial if the United Kingdom still wants to comply with the United Nations Security Council, as well as if they wish to have good functioning body with the rest of the European Union. Even though the legality and the dominion will be all United Kingdom and their sovereign powers as a state, they still need to be in coherent with the rest of the world.

This shows that the powers of the Tories and the questions left behind and the unknown hurdles of the current leadership. As this is just one sort of legislation that has to be fixed in due time and with the process of both houses. That the importance of the sovereign state make sure that their laws are complied, that their statutes can be used and that the sanctions can be put on actors that breaches the codes of the United Kingdom. Certainly, the Tories Government and Brexiteers didn’t think of the issues complied with the legality of sanctions. Peace.

Reference:

HM Government – ‘Public consultation on the United Kingdom’s future legal framework for imposing and implementing sanctions’ (20.04.2017) link: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/609986/Public_consultation_on_the_UK_s_future_legal_framework_for_imposing_and_implementing_sanctions__Print_pdf_version_.pdf

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