Autonomous Sanctions (Designated Persons and Entities and Declared Persons - Zimbabwe) List 2012

The instrument rests on three primary technical concepts, all defined by reference to the Autonomous Sanctions Regulations 2011: designation, declaration, and continuation of effect.

• Designation and declaration by cross‑reference. Section 3 converts each Schedule entry into two legal statuses for the purposes of the Regulations. Subsection 3(1) makes each person and entity in a Schedule item "a designated person or entity for Zimbabwe" for the purposes of paragraph 6(a) of the Regulations. Subsection 3(2) makes each person in a Schedule item "a declared person for Zimbabwe" for the purposes of paragraph 6(b) of the Regulations. The instrument therefore creates legal status by operation of the Regulations; the substance of that status (what is prohibited, permitted, or required) is set out in the Regulations, not in this Instrument itself (s 3(1)‑(2)).

• Continuation of effect. The instrument contains an express Part 3 devoted to continuation. Section 4 states the Part is made to achieve the object in subregulation 9(3) of the Regulations (s 4). Sections 5 and 6 respectively preserve the effect of specified designations and declarations after the making of later continuation/amendment instruments. Section 5(1)‑(2) continues the designation and declaration of the persons in items 1, 2, 3, 5 and 7 in Part 1; section 5(3) continues the designation of the entity listed in item 1 of Part 2 of Schedule 1 (s 5(1)‑(3)). Section 6 repeats continuation for items 1, 2, 3, 5 and 7 in Part 1 (s 6(1)‑(2)). The textual logic is that those later instruments did not disturb those particular designations/declarations.

• The Schedule as the identification mechanism. The Schedule provides the primary identifiers for each listed person: name, date of birth, citizenship, and the instrument of first designation and declaration. The Schedule also includes "additional information" such as former office or relationship. The instrument, through s 3, converts the Schedule entries into legal designations and declarations; therefore accuracy and completeness of the Schedule entries is material to downstream compliance and enforcement.

A couple of structural features follow from the text. First, the Instrument is explicitly tied to the Autonomous Sanctions Regulations 2011: it neither creates its own prohibitions nor sets penalties; it merely confers statuses that trigger the Regulations. Second, the instrument contemplates both persons and entities, but the Schedule as supplied contains only Part 1 (persons). The text of s 5(3) continues the designation of an entity in Part 2 item 1, which indicates the broader instrument architecture anticipates a Part 2, even if that Part is not present in the copy supplied.

Finally, note the instrument uses instrument identifiers as part of the Schedule entries: the instrument of first designation and declaration for the listed persons is the Autonomous Sanctions (Designated Persons and Entities and Declared Persons - Zimbabwe) List 2012, cited in the Schedule as F2012L00484. Those identifiers can be used to match records across registers, or to confirm the provenance of the designation.

Direct legal effect: the persons and (by the text) an entity named in Schedule 1. The Schedule, Part 1, identifies five named individuals whose status is converted into both a "designated person or entity" (for purposes of para 6(a) of the Regulations) and a "declared person" (for purposes of para 6(b) of the Regulations) by s 3(1)‑(2). The Part 1 entries and their item numbers are: item 1 Augustine CHIHURI; item 2 Constantine (also known as Constantino) CHIWENGA; item 3 Grace MUGABE; item 5 Phillip Valentine (also known as Phillip Valerio) SIBANDA; and item 7 Happyton BONYONGWE (Schedule Part 1). Each entry includes a date of birth and citizenship (Zimbabwe) which are part of the Schedule identification.

Indirectly affected persons and entities. Although the Instrument only lists named persons and (by implication) an entity, the broader practical footprint of the designation/declaration is determined by the Autonomous Sanctions Regulations 2011. The Regulations determine who else may be affected through secondary obligations , for example, persons or entities who interact commercially or financially with a designated or declared person, who provide services, or who hold assets , but those effects are not specified in this Instrument. Because the Instrument makes the Schedule entries into formal designations/declarations under the Regulations, any person or entity whose conduct or transactions fall within the regulatory prohibitions or licensing obligations of the Regulations may be affected. The Instrument itself does not identify those downstream classes.

Geographic and subject-matter scope. The statutory scope is explicitly Zimbabwe: s 3 describes the designations and declarations as "for Zimbabwe" (s 3(1)‑(2)). The Instrument therefore concerns persons and entities designated in relation to Zimbabwe‑related autonomous sanctions. The supply of citizenship data (all listed persons are recorded as Zimbabwe citizens) signals that the designations concern specific Zimbabwean individuals; the Instrument does not, on its face, limit the extraterritorial reach of any resulting prohibitions imposed by the Regulations.

Continuity and persistence. Sections 5 and 6 continue the effect of specified items after later amendment/continuation instruments. Practically, that means items 1, 2, 3, 5 and 7 in Part 1 remain designated and declared on and after the date of the named 2020 and 2023 continuation instruments (s 5(1)‑(2); s 6(1)‑(2)). Section 5(3) also continues the designation of an entity referred to as item 1 in Part 2 of Schedule 1. For third parties checking status, that continuation reduces the risk that those listed items have lapsed because of those subsequent instruments; practitioners must nevertheless check current consolidated lists and amendments.

Record‑keeping and identification. The Schedule entries include instrument identification (F2012L00484) as the "instrument of first designation and declaration". That data point gives downstream actors a documentary trail to confirm when the original designation occurred. For compliance screening, the combination of name (including aliases where given), date of birth, citizenship, and the instrument identifier should be used to match individuals against the legal list created by this Instrument.

This Instrument does not itself prescribe duties, rights, or penalty provisions. Instead, it operates by reference: it converts the Schedule entries into legal statuses under specified paragraphs of the Autonomous Sanctions Regulations 2011 (s 3(1)‑(2)). Therefore, the substantive duties and rights that apply to designated persons, declared persons, and to third parties who interact with them are those set out in the Regulations and any related statutory or delegated instruments, not in this Instrument.

What this Instrument does create is a legal factual predicate for duties and rights in the Regulations. Practitioners should note the following legal mechanics based on the text:

• Creation of legal status. Section 3 makes each Schedule entry a "designated person or entity" for Zimbabwe under paragraph 6(a) of the Regulations, and makes each person in Schedule 1 a "declared person for Zimbabwe" under paragraph 6(b) of the Regulations (s 3(1)‑(2)). Any duties that attach to those statuses in the Regulations (for example, prohibitions on dealing, disclosure obligations, licensing schemes) will operate once a person has that status.

• Rights and procedural protections. This Instrument is silent on procedural rights (such as notice, merits review, or revocation processes). Any rights of listed persons to challenge designation or seek revocation, or any rights to licence or exemption, must be sought in the governing Regulations or administrative decisions that implement them. The Instrument does not itself state whether the Schedule entries are subject to any notice or review process.

• Who must act. Because the Instrument creates designations and declarations by operation of the Regulations, duties are likely to fall on third parties whose conduct is regulated by those Regulations: for example, financial institutions, businesses, or government agencies that are subject to the Regulations. The Instrument itself does not identify those duty-holders.

• Identification and evidentiary role. The Schedule entries and instrument citation (F2012L00484) serve evidentiary and administrative functions: they are the formal source that a regulator or enforcement agency may cite when saying that a person is designated or declared. For compliance officers, the Schedule should be treated as the authoritative identification of those statuses, subject to checking for amendments and continuation instruments (see ss 5 and 6).

• Continuation effect. Sections 5 and 6 preserve the ongoing legal status of certain Schedule entries across subsequent amendment instruments (s 5(1)‑(3); s 6(1)‑(2)). The practical effect is that any duties or restrictions in the Regulations that applied to those persons and entity continue to apply without interruption by those particular amendments.

Because the Instrument itself contains no operative prohibitions, rights or penalties, the immediate legal duty on a practitioner or third party is to consult the Autonomous Sanctions Regulations 2011 (and any guidance or licences issued under them) to identify the specific prohibitions, licensing routes, exemptions, and enforcement mechanisms that now apply to each person or entity once the status is conferred by this Instrument (s 3). The Instrument therefore functions as the administrative basis for duties and rights imposed elsewhere.

The Instrument contains no provisions that create offences, specify penalties, or set enforcement procedures. It performs an identifying and declaratory function by converting Schedule entries into the legal statuses of "designated person or entity" and "declared person" under the Autonomous Sanctions Regulations 2011 (s 3(1)‑(2)). As a consequence, penalties and enforcement mechanisms, where any exist, are contained wholly in the Regulations and any other statutory instruments or administrative frameworks those Regulations authorise.

Two points flow from the instrument's structure:

• Enforcement locus is external. Enforcement powers, sanctioning regimes, criminal penalties, licensing, and exemptions (if any) must be located in the Autonomous Sanctions Regulations 2011 or instruments made under their authority. The Instrument points the reader to that framework but does not itself describe how enforcement is to be undertaken, which agency is to exercise enforcement powers, or the range of penalties available.

• Continuation affects enforcement continuity. Sections 5 and 6 continue specified designations and declarations after later amendment instruments (s 5(1)‑(3); s 6(1)‑(2)). For enforcement practitioners, that textual continuation indicates those entries remain subject to whatever enforcement regime the Regulations impose. In practice, that reduces the risk that an enforcement authority will face a gap in legal status as a result of the later instruments named in ss 5 and 6.

Given those limitations in the text, a compliance-focused reader must take two practical steps when dealing with enforcement risk:

1. Consult the Autonomous Sanctions Regulations 2011 to identify the exact prohibitions, the categories of contraventions, and the sanctions for contravention, including any civil or criminal penalties and any civil remedies or administrative sanctions.

2. Confirm the current status of the Schedule entries in consolidated registers and any subsequent amendment instruments to ensure that enforcement actions rely on live designations and declarations, noting that ss 5 and 6 continue certain items.

Because the Instrument itself has no penalty clauses, neither the scale nor the nature of penalties can be determined from this text alone. The Instrument is a source document for identification and continuity; the Regulations carry the enforcement content.

The Instrument is expressly designed to operate in conjunction with the Autonomous Sanctions Regulations 2011. Its operative sections convert Schedule entries into statuses defined by that Regulations: designated persons or entities under paragraph 6(a) and declared persons under paragraph 6(b) (s 3(1)‑(2)). The Instrument therefore interacts with other laws only insofar as the Regulations do; this Instrument provides identification and preservation of status, while the Regulations and any underlying Act provide the substantive powers and legal effects.

Direct cross-references in the text:

• Reference to the Autonomous Sanctions Regulations 2011. Sections 3, 4, and 5 explicitly invoke specific provisions of the Regulations: s 3 invokes paragraph 6(a) and 6(b); s 4 is made for the purposes of subregulation 9(3); s 5(1)‑(3) and s 6(1)‑(2) mention continuation in the context of later amendment instruments named by title (ss 3-6). Those cross-references mean that the legal consequences of this Instrument must be read together with the Regulations.

• Link to amendment instruments. Sections 5 and 6 name two later instruments (the 2020 Continuation of Effect instrument and the 2023 Amendment (No. 1) instrument) and continue certain designations/declarations on and after their dates (s 5(1)‑(3); s 6(1)‑(2)). This creates an internal network of instruments that together determine whether a particular designation remains in force.

Implications for interactions with other statutory regimes and private law:

• Extraterritorial or cross-border legal effects. Because the Instrument ties designations to the Regulations and to "Zimbabwe" (s 3), the scope for interaction with other laws,such as financial regulatory obligations, customs law, or criminal law,depends on how the Regulations are drafted and how other statutes treat designations under the Autonomous Sanctions regime. The Instrument itself does not set those interaction rules.

• Administrative decision-making and natural justice. The Instrument contains no procedural provisions governing administrative decision-making, review, or removal of listings. Procedural interactions with administrative law, freedom‑of‑information statutes, or judicial review jurisprudence therefore depend on the Regulations and the administrative practice that implements them.

Practical consequence for transactional law and corporate compliance:

• When a business or financial institution screens counterparties, this Instrument is an authoritative source for the conversion of the Schedule entries into legal statuses under the Regulations. However, because substantive prohibitions and enforcement are in the Regulations, third parties must consult both this Instrument (for identity and continuity) and the Regulations (for prohibitions, licensing routes and enforcement).

• The Schedule’s instrument-of-first-designation citations (F2012L00484) and the continuation provisions in ss 5 and 6 mean that a consolidated view of the law requires checking multiple instruments, not only the Schedule in this Instrument. That interactional morphology must be reflected in screening and compliance systems.

The Instrument itself dates from 2012 as reflected in its title and the Schedule citation for the "instrument of first designation and declaration" (Autonomous Sanctions (Designated Persons and Entities and Declared Persons - Zimbabwe) List 2012, cited as F2012L00484) (s 1; Schedule entries). The text provided records two later instruments that affect the continuing legal force of particular Schedule items; those are set out within this Instrument rather than as separate external texts:

• 2020 continuation. Section 5 is headed to continue the effect of specified designations and declarations on and after the date of making of the Autonomous Sanctions (Designated Persons and Entities and Declared Persons,Zimbabwe) Amendment (Continuation of Effect) Instrument 2020. Subsections 5(1) and 5(2) state that the designation (under paragraph 6(1)(a) of the Regulations) and the declaration (under paragraph 6(1)(b) of the Regulations) of the persons in items 1, 2, 3, 5 and 7 in Part 1 of Schedule 1 continue to have effect. Subsection 5(3) continues the designation of the entity mentioned in item 1 in Part 2 of Schedule 1 (s 5(1)‑(3)).

• 2023 continuation (No. 1). Section 6 is headed to continue the effect of specified designations and declarations on and after the date of making of the Autonomous Sanctions (Designated Persons and Entities and Declared Persons , Zimbabwe) Amendment (No. 1) Instrument 2023. Subsections 6(1)‑(2) repeat that the designations under paragraph 6(a) and the declarations under paragraph 6(b) of the Regulations for items 1, 2, 3, 5 and 7 in Part 1 continue to have effect (s 6(1)‑(2)).

No other amendments are recorded within the text supplied. The absence of any express revocation clauses, sunset dates, or legislative repeal language in this Instrument indicates that changes to listings, or removal of names, would be implemented by separate amendment or revocation instruments under the Regulations; this Instrument documents both the original 2012 listing and the continued effect as of the dates of the 2020 and 2023 continuation instruments.

Practical note for users: to obtain a complete amendment history, a practitioner must look beyond this Instrument to the named amendment instruments themselves (the 2020 and 2023 instruments), as well as any other instruments, notices or registers maintained by the relevant authority under the Autonomous Sanctions Regulations 2011. The Instrument gives the pointers (titles and section references) necessary to find those measures, but the text supplied does not include their dates of making or their full text.

The instrument text supplied contains no litigation history, no court citations and no references to judicial or administrative decisions. The Schedule provides no information about legal challenges to listings, and the body of the Instrument contains no procedural statements about review or appeal. Because the Instrument effects designations and declarations by reference to the Autonomous Sanctions Regulations 2011, any litigation about the validity, scope, or consequences of these particular listings would be brought under the legal framework established by the Regulations and the enabling statute. However, no such litigation is recorded or referenced in the text provided.

For practitioners seeking litigation precedent or administrative law angles, two implications follow from that silence:

• Primary sources required. To discover litigation history, one must search administrative and judicial records related to the Autonomous Sanctions Regulations 2011, and to the specific instrument identifiers cited in the Schedule (for example, F2012L00484). The Instrument itself does not report outcomes or challenges.

• Absence of recorded litigation in the instrument does not mean absence of litigation in the wider record. The instrument is a register-style document; it is common for registers and listing instruments to omit litigation footnotes. Therefore, to establish whether any of the named persons have sought review or reversal of designation, a practitioner must consult court databases, the administrative tribunal records, or public judicial registers.

In short, the instrument provides no litigation narrative. Any litigation history must be obtained from external records identified by the instrument’s citations and by reference to the Autonomous Sanctions Regulations 2011.

Several concrete pitfalls and potential sources of error appear on a close reading of the text. They are operational, evidential and administrative in nature; all follow directly from the instrument’s wording and structure.

1. The Instrument creates status but not substance. The text confers the legal statuses of "designated person or entity" and "declared person" only by reference to the Autonomous Sanctions Regulations 2011 (s 3). The Instrument contains no prohibitions, penalties, or licensing mechanisms. A compliance officer who reads only this Instrument and not the Regulations will not know what conduct is prohibited or what licences/exemptions might be available. The immediate practical risk is under‑ or over‑compliance owing to reading this Instrument in isolation.

2. Schedule Part 2 referenced but not present in the supplied Schedule. Section 5(3) continues the designation of "the entity mentioned in item 1 in Part 2 of Schedule 1" (s 5(3)). The Schedule shown in the text contains "Part 1 , Designated and declared persons" with items 1, 2, 3, 5 and 7. There is no Part 2 in the supplied Schedule. This mismatch is a concrete gotcha: a practitioner relying on the supplied Schedule will not be able to identify the entity referred to in s 5(3) without consulting the complete published Schedule as maintained by the authority or the relevant archive of instruments. Treat s 5(3) as signalling the existence of a Part 2 in some versions or in the consolidated record, but do not assume its content from this text.

3. Dual statuses may require dual checks. Section 3 makes each Schedule entry both a designated person or entity (para 6(a) of the Regulations) and a declared person (para 6(b) of the Regulations) (s 3(1)‑(2)). The legal consequences of those two categories may differ under the Regulations; therefore a practitioner must check both the paragraph 6(a) rules and the paragraph 6(b) rules for each listed individual. Failure to check both could miss applicable restrictions or licensing routes.

4. Name variants and identifying data matter. The Schedule records aliases: item 2 lists "Constantine CHIWENGA" with "Also known as Constantino CHIWENGA"; item 5 lists "Phillip Valentine SIBANDA" with alias "Phillip Valerio SIBANDA" (Schedule). Dates of birth are given for each individual. Compliance systems must use both name variants and date of birth/citizenship to avoid false positives or false negatives. The "additional information" (former offices, relationships) is descriptive and should not substitute for the formal identifiers listed.

5. Continuation clauses preserve but do not explain. Sections 5 and 6 continue the effect of specified listings following the named amendment instruments (s 5(1)‑(3); s 6(1)‑(2)). Those clauses preserve status but do not state the dates on which the continuation instruments took effect, nor do they state whether any other items were modified, added, or removed. A provider of compliance services must therefore treat the Instrument as one node in a chain and confirm current content in the consolidated register of sanctions instruments.

6. The Instrument provides no procedural rights or pathways. There is no text in this instrument dealing with review, delisting, or procedural fairness. If a listed person claims they were not properly notified or wishes to seek revocation, the Instrument does not provide the mechanism. Any such procedure must be sought in the Regulations or by reference to administrative practice; practitioners must not assume procedural protections exist simply because the listing appears in a formal instrument.

7. Apparent gaps in numbering. The Schedule lists items 1, 2, 3, 5 and 7. The absence of items 4 and 6 in the supplied Part 1 is a conspicuous gap. That may reflect deletions, redactions, separate parts, or original numbering conventions. Do not assume that unlisted numbers indicate absence of persons; consult the consolidated instrument register.

8. Instrument citation versus legal effect. The Schedule lists the "instrument of first designation and declaration" as the 2012 List (F2012L00484) for each listed person. That citation is useful for documentary tracing, but the listing as made by this Instrument is itself the operative act that confers the status under the Regulations (s 3). Compliance checks should therefore rely on the present Schedule and on the Regulations, not solely on the earlier instrument citation.

These gotchas are concrete and all flow from the instrument’s wording. They point to a consistent compliance rule: do not treat this Instrument as self-sufficient; use it as an identification document and then consult the Regulations and the consolidated amendments and registers.

Because this Instrument operates by converting Schedule entries into legal statuses under the Autonomous Sanctions Regulations 2011, compliance requires a two-layer approach: (A) treat this Instrument as an authoritative identification source for named persons and the instrument citations it supplies; and (B) consult the Autonomous Sanctions Regulations 2011 and any relevant licensing or guidance documents to determine the substantive prohibitions, obligations and enforcement regimes that attach to the statuses created here (s 3; s 4).

Practical steps grounded in the Instrument’s text:

1. Confirm identity using Schedule fields. Use the Schedule’s formal identifiers when screening: name (including aliases where provided), date of birth, citizenship, and the instrument citation F2012L00484 recorded in each entry (Schedule). For example, item 2 must be matched against "Constantine CHIWENGA" and also "Constantino CHIWENGA" with DoB 25/08/1956 and Zimbabwe citizenship.

2. Screen for continuity and amendments. Sections 5 and 6 continue the effect of items 1, 2, 3, 5 and 7 after the named 2020 and 2023 instruments (s 5(1)‑(3); s 6(1)‑(2)). Do not assume that continuation means no other changes have been made. Check consolidated lists, the later instruments themselves, and the authority’s register to ensure the listing remains current and to discover any additional items, revocations, or modifications.

3. Consult the Autonomous Sanctions Regulations 2011 for prohibitions and licences. The Instrument makes each Schedule entry a designated person or entity under paragraph 6(a) and a declared person under paragraph 6(b) of the Regulations (s 3(1)‑(2)). The Regulations contain the operative restrictions and any licensing or exemptions. Identify the specific regulatory paragraphs that impose obligations on third parties (for example, prohibitions on dealing, reporting obligations), and the licensing procedures and competent authority for exemptions.

4. Treat the Instrument as evidentiary support. Keep a record of reliance on the Instrument’s Schedule and section citations when carrying out due diligence. The Schedule’s instrument-of-first-designation citations (F2012L00484) and the continuation provisions in ss 5 and 6 provide a documentary trail that may be needed if challenged by an enforcement authority.

5. Address the Schedule‑to‑Instrument mismatch. Because s 5(3) continues the designation of an entity in item 1 of Part 2 but the supplied Schedule contains only Part 1, actively seek the complete Schedule as published by the authority to identify the Part 2 entity. Do not rely on the supplied text alone where it is missing Part 2.

6. Implement screening logic that accounts for name variants and missing item numbers. Include alias matching and DoB/citizenship checks in automated screening to reduce false positives/negatives. Where schedule numbers are non‑sequential (items 4 and 6 are absent here), treat that as a signal to confirm the consolidated list rather than as evidence that those numbers are empty.

7. Document decisions and seek licences where necessary. If the Regulations permit licences or exemptions to deal with designated/declared persons, document any applications and await licences before proceeding with transactions that might otherwise contravene the Regulations. The Instrument itself does not provide that route; the Regulations do.

8. For contested listings, seek the procedural route in the Regulations. The Instrument contains no procedural rights; if a listed person wishes to challenge designation, consult the Regulations and the relevant administrative decision-making framework for the available remedies or review processes.

9. Maintain an audit trail for counterparties. For banks and regulated entities, the Instrument is a compliance trigger: maintain records showing how screening was performed against the Schedule, how matches were resolved (true match, false positive), and what steps were taken when a match occurred (escalation, licence application, transaction blocking).

10. Regularly update compliance materials. Because the Instrument is part of a network of listing and continuation instruments, keep policies, watchlists and training materials current by subscribing to the official register or the issuing authority’s updates so that ss 5 and 6 continuations and any further amendments are captured.

All of these steps are directly supported by the Instrument’s structure: it supplies names, aliases, dates of birth, citizenship and the 2012 instrument citation for each listed individual (Schedule), and it expressly continues the effect of particular items after named amendment instruments (ss 5-6). The substantive prohibitions, penalty exposure and licensing mechanics are located in the Autonomous Sanctions Regulations 2011; this Instrument identifies who is caught by that regime and preserves the status of specified entries.