Guidance

How to request variation or revocation of a financial sanction designation under The Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019

Updated 27 March 2024

This guidance sets out how to request a review if you have been designated under The Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019 ( “The 2019 Regulations”) made under section 1 of the Sanctions and Anti-Money Laundering Act 2018 (c.13) (‘the Sanctions Act’).

Section 23 of the Sanctions Act enables a person who has been designated under a designation power contained in Sanctions Act regulations (a “designated person”) to request variation or revocation of the designation.

In addition to this guidance, you can also read Sanctions Review Procedure (EU Exit) Regulations 2018.

1. Who can apply for variation or revocation of a designation

A full list of persons designated under the 2019 Regulations is available on GOV.UK.

If you are a designated person, you, or a person acting on your behalf, have the right to request revocation or variation of your designation. You may wish to request revocation if you believe, for instance, that you no longer satisfy the criteria for designation, or a variation if, for instance, particular information associated with your designation, such as your date of birth, is incorrect.

2. How to submit a Sanctions Review Request Form

If you are or act on behalf of a designated person and wish to request a review, you should complete a Sanctions Review Request Form. You should complete this form as fully as possible. This form can also be completed by another person on your behalf, if confirmation of their authority to act on your behalf is provided. Confirmation of authority to act should be a written statement signed by the designated person and stating that the other person has authority to act in relation to the review of their designation.

Once you have completed the form you should email it to OFSI@hmtreasury.gov.uk and copy CounterTerrorism@hmtreasury.gov.uk. If you are acting on behalf of a designated person, you must say so in the Sanctions Review Request Form. You must also provide proof of identity of the requester (i.e. the designated person), if the requester is an individual, and the relevant supporting evidence for your request.

An official government identification document is sufficient as proof of identity. Scanned copies are acceptable. The UK government will take no responsibility for the loss of documents.

Please note that the OFSI@hmtreasury.gov.uk email address cannot accept emails larger than 20MB. You should ensure that any information or evidence you provide is in an accessible format such as .odt, MS word or PDF. Information not submitted in this format will delay the process, and, if the information cannot be accessed, it will not be taken into account.

If you cannot make a request by email, you may submit your Sanctions Review Request Form and accompanying documents by post to:

FAO Counter Terrorism Team
Office of Financial Sanctions Implementation
1 Horse Guards Road
London
SW1A 2HQ

3. Evidence to submit

You should provide evidence supporting your request, alongside a completed Sanctions Review Request Form. You should only include relevant evidence of the explanation you have set out as to why your designation should be varied or revoked.

Evidence from reliable sources, evidence that can be verified and corroborating evidence is likely to be more influential.

Where your evidence is not in English, you must provide an official translation for the evidence to be considered. The translation must include a signed declaration by the translator that the translation is an accurate translation of the evidence; and include the date of the translation and the full name and contact details of the translator.

4. How the process works

This guidance document sets out the key information which is required for us to be able to properly consider a request for revocation or variation of a designation. It is important that you fill out the Sanctions Review Request Form as fully as possible. When you submit your Sanctions Review Request Form, we will do an initial check to confirm that the request conforms with this guidance. If it does, we will commence the review process and notify you via the contact details provided in the Sanctions Review Request Form.

If your request cannot be processed because it is missing essential information and / or does not conform with the guidance, we will notify you of the reasons using the contact details provided in the Form. We may request further information to assist in assessing your request. You must provide any further information, where it is available to you, as soon as reasonably practicable.

We will review the evidence you provide, and, as soon as reasonably practicable after receiving the information needed for making a decision, will make a decision on your application. We will notify you of the outcome, and the reasons for it, in writing as soon as reasonably practicable after the decision is made. Matters may however be excluded from the reasons given where we consider that it is in the interest of national security, international relations, justice or for reasons connected with the prevention or detection of serious crime in the United Kingdom or elsewhere.

5. How the process differs for designated organisations compared to individuals

We handle requests from designated organisations or associations in the same way as for individuals. The requester should provide confirmation that they have the authority to act on behalf of the organisation or association.

Where we are not confident that the requester has the authority to act on behalf of the designated organisation or association, we may not process the request or we may ask for further information.

6. How long it will take for a decision to be made

A decision will be made on your application as soon as reasonably practicable after we have received the information needed to make that decision. This includes any further information requested after the submission of your Sanctions Review Request Form and supporting evidence. You will be informed as soon as is reasonably practicable after the decision has been made. It is not possible to provide exact timelines for processing your request as this will differ based on the nature of the request and the evidence you provide.

If there is a decision to vary or revoke a designation, those changes may be publicised on GOV.UK and you will be notified in writing by letter or email.

7. Further requests once a decision has been made

If a request for review has already been made regarding a designated person and that request was refused, no further request may be made in relation to that designation. The exception is if there is a significant matter which was not previously considered (such as new significant evidence).

If the exception applies, you should make a request in the same way as you would if making a new request but in addition you should:

• be clear on the form that you have had a previous request refused
• set out the details of the significant matter which was not previously considered and explain why it is significant

8. Applying for a Court review of a decision

If you do not agree with our decision in regards to your request, you may apply for a Court review of the decision via the UK courts. Chapter 4 of the Sanctions Act provides that the appropriate person (namely, the designated person or the requester) may apply to the High Court, or, in Scotland, the Court of Session, for the decision to be set aside. The Court will apply the principles applicable on an application for judicial review.

9. Further information

For further information on financial sanctions contact the Office of Financial Sanctions Implementation on OFSI@hmtreasury.gov.uk or subscribe to the Office of Financial Sanctions Implementation’s e-alerts.