Designations and Challenges

Abstract This chapter examines UK designation powers under the Sanctions and Anti-Money Laundering Act 2018 (SAMLA), particularly sections 9–13 permitting designations by name or description via the standard or urgent procedures. It evaluates the ‘reasonable grounds to suspect’ threshold, the 2022 removal of the ‘appropriateness’ test, and links with ownership and control rules extending asset freezes to controlled entities. Drawing on OFSI guidance and case law—LLC Synesis, Hellard, and Shvidler—it explores evidential standards, proportionality (per Bank Mellat), and judicial oversight. Review mechanisms include administrative review (section 23) and judicial review (section 38) applying illegality, irrationality, and procedural impropriety. The Supreme Court’s Shvidler decision affirms the courts’ duty to assess proportionality independently while respecting ministerial expertise. The chapter also covers interim relief, closed material procedures, admissibility of evidence, and ECHR compatibility (Articles 6 and 8, and A1P1), highlighting limits on disclosure and damages for wrongly designated persons.