This is an appeal from the decision of Supperstone J, dated 3 October 2018, dismissing an application made by Mrs Hajiyeva (the 'appellant') to discharge an Unexplained Wealth Order ('UWO') that he had previously made at a 'without notice' hearing on 27 February 2018.
The words, 'an individual who is, or has been, entrusted with prominent public functions' match those of article 3(9) of the Directive. The issue is whether the following words, 'by an international organisation or by a State other than the United Kingdom or [another] EEA State', have the effect of adding a further qualification: that the individual has to be specifically entrusted either by an international organisation or by a State. In our view, the focus of the statutory wording is on the status of the entrusted person and not how that person has come to be entrusted with prominent public functions. The intent is to exclude from the definition of a politically exposed person those who are entrusted with prominent public functions in either the UK or another EEA State.