This guidance sets out how to request a review of the designation or specification of a ship. Separate guidance is available if you are seeking variation or revocation of a designation, or a review of a UN listing, of a person.
Sections 27 and 29 of the Sanctions and Anti-Money Laundering Act 2018 (c.13) (“the Sanctions Act”) enable affected persons to request a review of the specification or designation of a ship that has been applied through regulations made under section 1 of the Sanctions Act. Section 27 applies to ships that have been specified under a power contained in sanctions regulations made under the Sanctions Act (a “specified ship”), while section 29 applies to ships that have been designated by the United Nations Security Council or any of its subsidiary organs (a “designated ship”).
In addition to this guidance, you may also wish to review the Sanctions Review Procedure (EU Exit) Regulations 2018.
1. Who can apply for the revocation or review of a ship specification or designation
Details of specified ships and designated ships are included on the UK Sanctions List, available on GOV.UK.
If you are a person affected by the specification of a ship you have the right to request the revocation of the specification.
If you are a person affected by the designation of a ship by the UN Security Council (or one of its subsidiary organs), you have the right to request that we use our best endeavours to secure that the ship ceases to be designated.
You may wish to request such a review, if you believe, for instance, that the ship no longer satisfies the criteria for specification or designation.
2. How to submit a Sanctions Review Request Form
If you have been affected by the specification or designation of a ship, and wish to request a review, you should complete a Sanctions Review Request Form: Designated Ships and Specified Ships. You should complete this form as fully as possible. This form can also be completed by a person acting on behalf of the person affected, if confirmation of authority to act on their behalf is provided.
Once you have completed the form you should email it to firstname.lastname@example.org. If a person is acting on behalf of a person affected by the specification or designation, then this must be set out in the Sanctions Review Request Form. You must also provide proof of identity of the person making the request (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. HMG will take no responsibility for the loss of documents.
Please note that the email@example.com email address cannot accept emails larger than 10MB. You should also ensure that any information or evidence you provide is in an easily accessible format such as Microsoft Word, or PDF. Information not submitted in this format may be delay the time it takes to process your request and, if the information cannot be accessed, it will not be taken into account for the purposes of the decision.
If you are unable to make a request by email, you may submit your Sanction Challenge Form and accompanying documents by post. Please complete the form and send to: Review Request, Sanctions Unit, Foreign, Commonwealth and Development Office, King Charles Street, London, SW1A 2AH.
3. Evidence to submit
You must provide evidence supporting your request, alongside a completed Sanctions Review Request Form. You should only include evidence relevant to the explanation you have set out as to why the ship specification should be revoked, or why the ship should cease to be designated by the UN. 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 in order 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 of a ship specification or review of a ship 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 or clarification from you to assist in assessing your request. You must provide any such further information, where such information is available to you, as soon as reasonably practicable. We will then review the evidence you provided, and make a decision on the request.
We will notify you of the outcome in writing and the reasons for the decision as soon as is reasonably practicable after making the decision. 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 long it will take for a decision to be made
A decision will be made on your request as soon as reasonably practicable after we have received the information (including any further information requested after the submission of your Sanctions Review Request Form and supporting evidence) needed to make that decision.
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 and features of the request and the evidence you provide.
If there is a decision to revoke a ship specification, those changes will be publicised on GOV.UK and you will be notified by letter or email.
6. Ships designated by the United Nations
The UK is under an international obligation to implement and enforce sanctions regimes agreed by the UN Security Council. We implement this through the Sanctions Act, as well as other legislation. However, persons affected by a UN ship designation are able to request that the Secretary of State use their best endeavours to secure that the designation is removed from the UN sanctions regime.
7. Further requests once a decision has been made
If a request for review has already been made regarding a specified ship or designated ship, no further request may be made in respect of that specification or designation. The exception is if there is a significant matter which was not previously considered (e.g. new significant evidence).
If the exception applies, you should make a request in the same way as you would if making a new request (see section 2 above) but in addition you should: (i) be clear on the form that you have had a previous request refused; and (ii) you should set out the details of the significant matter which was not previously considered and explain why it is significant.
You may wish to be aware that all ships specified in accordance with the Sanctions Act have their designation reviewed automatically within three years of their designation, and then within a rolling three-year basis thereafter.
8. Applying for a Court review of the 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 affected 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, please contact the Office of Financial Sanctions Implementation on OFSI@hmtreasury.gov.uk or subscribe to the Office of Financial Sanctions Implementation’s e-alerts.
For further information on transport sanctions, contact the Department for Transport on firstname.lastname@example.org
For further information on export controls: contact the Export Control Joint Unit Helpline on 020 7215 4594 or email email@example.com or subscribe to the Export Control Joint Unit’s notices to exporters
For further information on immigration sanctions: contact the Home Office on firstname.lastname@example.org
For general information on sanctions, contact the Foreign, Commonwealth and Development Office’s Sanctions Unit on email@example.com