Licensing Delegation Framework
Updated 21 October 2024
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This publication is available at https://www.gov.uk/government/publications/financial-sanctions-licensing/licensing-delegation-framework
OFSI caseworkers use this framework to determine whether a decision is contentious, and therefore should be taken by a Minister. They consider:
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whether the decision to grant or refuse a licence could have significant economic impact or impact UK commercial interests
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whether it is likely that the decision to grant or refuse a licence will attract significant adverse media or parliamentary comment
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whether it is likely that the decision to grant or refuse a licence will attract significant adverse international comment, such as by international organisations, other countries, governments or opposition groups whose views the UK would respect
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where licensing the payment would run the risk of not being consistent with the UK’s current foreign policy objectives
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whether it is likely that the decision to grant or refuse a licence will attract significant adverse comment by campaigning, human rights or expatriate groups whose views the UK would respect
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whether there are significant risks of a potential legal challenge as a result of a decision to grant or refuse a licence
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whether the decision to grant or refuse a licence presents any national security risks
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whether there are significant risks of potential reputational damage as a result of granting or refusing a licence. This could include, amongst other things, why the designated person is sanctioned, and whether any recent activity on their behalf would increase the reputational risk of the decision
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whether granting a licence application could raise wider public policy concerns
Non-ministerial decisions
Where Ministers have established a precedent in relation to a particular entity or set of circumstances or activity, OFSI should rely on that precedent rather than revert to Ministers. These decisions should be taken at Senior Civil Servant (SCS), Head of Licensing or Licensing Branch Head level dependent on the risk profile of the application.
Where there are differences in the circumstances of the case which would mean that the use of precedent is inappropriate, or if OFSI were minded to recommend deciding against that precedent, it would revert to Ministers.
Counter terrorism cases
Counter Terrorism cases are subject to a separate delegation framework.