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OFSI revokes 3, replaces 1 counter terrorism general license

HM Treasury revokes 3 CT general licences, replaces 1

On 11 January 2020, HM Treasury revoked 3 general licences which related to the provision of insurance and the payment of legal fees by third parties for counter- terrorism regimes. HM Treasury has also revoked and replaced the general licence relating to legal aid. 

For more information on these changes, please visit our Counter-Terrorism Licensing Policy page on GOV.UK.

And here’s the replacement for the legal aid license (they’re still signing the GL with the handwritten letters “OFSI” – ROFL!):

GENERAL LICENCE
INT/2020/G1
1. This licence is granted under regulation 19 of Counter Terrorism (Sanctions) (EU Exit) Regulations 2019, regulation 31 of Counter Terrorism (International Sanctions) (EU Exit) Regulations 2019 and regulation 29 of ISIL (Da’esh) and Al-Qaida (United Nations Sanctions) (EU Exit) Regulations 2019.
2. In this licence:
“OFSI” means
HM Treasury’s Office of Financial Sanctions Implementation.
the “Designated Person” means
Any of the following:
a. a person who is designated under regulation 5 of the Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019 (SI 2019/577), for the purposes of regulations 11 to 15 (asset freeze etc.);
b. a person who is designated under regulation 5 of the Counter-Terrorism (International Sanctions) (EU Exit) Regulations 2019 (SI 2019/573), for the purposes of regulations 11 to 15 (asset freeze etc.); or
c. a person designated by the UN Security Council as set out regulation 5 of the ISIL (Da’esh) and Al-Qaida (United Nations Sanctions) (EU Exit) Regulations 2019 (SI 2019/466), for the purposes of regulations 8 to 12 (asset-freeze etc.).
the “LAA” means
The Legal Aid Agency, an executive agency of the Ministry of Justice
the “LSANI”
The Legal Services Agency Northern Ireland, an executive agency of the Department of Justices
the “SLAB”
The Scottish Legal Aid Board, an executive non-departmental public body of the Scottish Government
“Legal Aid Payment” means
A payment made by the LAA, SLAB or LSANI in respect of legal services received by a person eligible for legal aid
“Solicitors” means A firm of solicitors who act for or on behalf of the Designated Person.
the “Solicitors’ Bank” means The bank with whom an account in the name of the Solicitors is held.
Permissions
3. Under this licence, subject to the conditions in Paragraphs 4, 5 and 6 below:
3.1. The LAA, SLAB and LSANI is each permitted to make one or more Legal Aid Payments to the Solicitors in respect of fees and disbursements incurred by the Solicitors in the provision of legal services to the Designated Person;
3.2. The Solicitors are permitted to make such disbursements as are appropriate in the course of providing the Designated Person with legal services;
3.3. The Solicitors are permitted to receive one or more Legal Aid Payments made in accordance with paragraph 3.1 above; and
3.4. The Solicitors’ Bank is permitted to receive one or more Legal Aid Payments made in accordance with paragraph 3.1 above.
No direct benefit to a Designated Person
4. Nothing in Paragraph 3 above permits funds to be paid directly or indirectly to the Designated Person.
Reporting Requirements
5. The Solicitors are required to report to the Treasury under the following circumstances:
5.1. When the Solicitors submit an application for legal aid to the LAA, SLAB or LSANI in respect of legal services provided to the Designated Person; and
5.2. When a grant of legal aid in respect of legal services provided to the Designated Person has been approved by the LAA, SLAB or LSANI.
6. In the event that a grant of legal aid in respect of legal services provided to the Designated Person is approved by the LAA, SLAB or LSANI the Solicitors are required to provide OFSI by post or via email with a certified copy of the Legal Aid certificate within 28 days of receipt of the same by the Solicitors.
Duration of the licence
7. This licence takes effect from the date of issue.
8. OFSI may vary or revoke this licence at any time.
Revocation of previous licence
9. This licence replaces and revokes AFU/2011/G4.
Signed:
Office of Financial Sanctions Implementation HM Treasury
11 January 2021.
Link:

General License INT/2020/G1 (Legal Aid)

Categories: Legal Aid Licenses OFSI Updates

eric9to5

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