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Terrorism and Other Crime (Financial Restrictions) Act 2014 – Andrey Lugovoy and Dmitri Kovtun

Friday, 17 January 2020

On 19 January 2020 the Andrey Lugovoy and Dmitri Kovtun Freezing Order 2020 [SI 2020 No. 36] (“the UK Order”) comes into force. This Order renews the designations made under section 4 of the Anti-Terrorism, Crime and Security Act 2001.

The designations concern –

ANDREY LUGOVOY and

DMITRI KOVTUN

and reimposes freezing orders on these individuals.

The 2020 UK Order replaces an earlier Order made in 2018 which was made following the publication of the Report into the death of Alexander Litvinenko by the Litvinenko Inquiry chaired by Sir Robert Owen on 21 January 2016.  This Report found that the individuals deliberately poisoned Mr Litvinenko in November 2006.

Under the terms of section 24(1) of the Terrorism and Other Crime (Financial Restrictions) Act 2014 (“the 2014 Act”), where HM Treasury in the UK enacts a measure that is the equivalent of a freezing order made under Division 2 of Part 2 of the 2014 Act, then that measure has effect in the Isle of Man as if it were a freezing order made under the 2014 Act.

Therefore the Treasury requires institutions and businesses in the Island to check whether they hold any funds belonging to the individuals, freeze any such funds, and refrain from dealing in such funds or making them available to any person (unless permitted to do so under a licence granted by the Treasury).

Anyone finding any funds belonging to the individuals must report their findings to the FIU, together with any additional information that would facilitate compliance with the requirements of the 2014 Act. 

Part 4 of the 2014 Act contains details of how any person affected by a designation may apply to the High Court to have the decision of the designation set aside.

Further more information contact Customs and Excise.

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