Financial Crime World

United Kingdom’s Terrorist Asset-Freezing etc. Act 2010

Regulation 26: Brokering Services

  • A person must not provide or assist in providing brokering services for transactions that are prohibited under the Act.
  • This includes facilitating transactions related to designated persons, entities, or countries.
  • Penalties include fines and imprisonment.

Regulation 27: Holding Illegally Removed Iraqi Cultural Property

  • Anyone holding or controlling illegally removed Iraqi cultural property must transfer it to a constable.
  • Failure to comply is an offense, but a defense may be available if the person did not know and had no reasonable cause to suspect that the goods were illegally removed Iraqi cultural property.

Regulation 28: Circumventing Prohibitions

  • A person must not intentionally participate in activities that circumvent or facilitate the contravention of any prohibition under the Act.
  • This is an offense, punishable by fines and imprisonment.

Defenses (Regulation 29)

  • If a defense is raised, the court will assume it is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

Exceptions and Licenses (Part 5)

  • The partial asset-freeze prohibition does not apply to independent persons transferring interests in funds or economic resources where they are not held jointly with designated persons.
  • Relevant institutions may credit frozen accounts with interest or earnings due on the account, without contravening prohibitions.
  • Transfers of funds to relevant institutions for crediting to frozen accounts are permitted, as are transfers of funds in discharge of obligations that arose before a person became a designated person.

Note: This is not an exhaustive summary and should be read in conjunction with the full text of the Act.