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Statutory Instruments

2020 No. 950

Exiting The European Union

Sanctions

The Sanctions (EU Exit) (Miscellaneous Amendments) (No.3) Regulations 2020

Made

3rd September 2020

Laid before Parliament

8th September 2020

Coming into force in accordance with regulation 1(2)

M1,M2 The Secretary of State , in exercise of the powers conferred by sections 1 and 45 of the Sanctions and Anti-Money Laundering Act 2018 , considers that the requirements of section 45(2) of the Act are satisfied and, having decided upon consideration of the matters set out in section 56(1) of the Act that it is appropriate to do so, makes the following Regulations:

Citation and commencement I1,I2

1. —(1) These Regulations may be cited as the Sanctions (EU Exit) (Miscellaneous Amendments) (No.3) Regulations 2020.

(2) These Regulations come into force in accordance with regulations made by the Secretary of State under section 56 of the Sanctions and Anti-Money Laundering Act 2018.

Amendment of the Democratic People's Republic of Korea (Sanctions) (EU Exit) Regulations 2019I3,I4

M32. —(1)The Democratic People's Republic of Korea (Sanctions) (EU Exit) Regulations 2019 are amended as follows.

(2) In regulation 26—

(a) in paragraph (2) for “1(a) to (f)” substitute “ 1(a), (b) or (d) to (f) ” ;

(b) in paragraph (4)—

(i) after “acquire” insert “ , maintain ” ;

(ii) in sub-paragraph (a) for “1(a) to (f)” substitute “ 1(a), (b) or (d) to (f) ” ;

(iii) in sub-paragraph (b), after “person” insert “ , other than an individual, which is ” .

(3) After regulation 86 insert—

“ Exception for authorised conduct in a relevant country

86A. —(1) Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a relevant prohibition or relevant requirement, the relevant prohibition or relevant requirement is not contravened if the conduct is authorised by a licence, direction or other authorisation which is issued—

(a) under the law of the relevant country, and

(b) for the purpose of—

(i) disapplying a prohibition in that jurisdiction which corresponds to the relevant prohibition, or

(ii) providing that a requirement in that jurisdiction which corresponds to the relevant requirement has effect subject to any exceptions specified in the licence, direction or other authorisation.

(2) In this regulation—

“ the financial services provisions ” means regulations 18, 20 to 22, and 24 to 30, excluding regulation 26(7);

“ relevant country ” means—

(a)

any of the Channel Islands,

(b)

the Isle of Man, or

(c)

any British overseas territory;

“ relevant prohibition ” means a prohibition in—

(a)

any of regulations 13 to 17 (asset-freeze etc.),

(b)

the financial services provisions,

(c)

Chapters 1, 2 and 3 of Part 6 (Trade),

(d)

regulation 65(1) (movement of aircraft),

(e)

regulation 69 (ownership etc. of DPRK ships),

(f)

regulation 70 (dealing with UN-designated ships subject to asset-freeze),

(g)

regulation 74 (DPRK ships: transfers of goods), or

(h)

regulation 76 (registration etc. of ships in the DPRK);

“ relevant requirement ” means a requirement in—

(a)

regulation 19 (severance of existing financial relationships),

(b)

regulation 23 (closure of representative offices), or

(c)

regulation 26(7) (closure of joint venture or co-operative entities).

(3) Nothing in this regulation affects the application of a prohibition or requirement in a case where it would be incompatible with a UN obligation for the prohibition or requirement not to apply. ”

Amendment of the Democratic Republic of the Congo (Sanctions) (EU Exit) Regulations 2019I5,I6

M43. —(1)The Democratic Republic of the Congo (Sanctions) (EU Exit) Regulations 2019 are amended as follows.

(2) After regulation 31 insert—

“ Exception for authorised conduct in a relevant country

31A. —(1) Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in any of regulations 12 to 16 (asset-freeze etc.) or Chapters 2 and 3 of Part 5 (Trade) (“the relevant prohibition”), the relevant prohibition is not contravened if the conduct is authorised by a licence or other authorisation which is issued—

(a) under the law of the relevant country, and

(b) for the purpose of disapplying a prohibition in that jurisdiction which corresponds to the relevant prohibition.

(2) In this regulation—

“ relevant country ” means—

(a)

any of the Channel Islands,

(b)

the Isle of Man, or

(c)

any British overseas territory.

(3) Nothing in this regulation affects the application of a prohibition in a case where it would be incompatible with a UN obligation for the prohibition not to apply. ”

Amendment of the South Sudan (Sanctions) (EU Exit) Regulations 2019

M54. —(1)The South Sudan (Sanctions) (EU Exit) Regulations 2019 are amended as follows.

(2) After regulation 31 insert—

“ Exception for authorised conduct in a relevant country

31A. —(1) Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in any of regulations 12 to 16 (asset-freeze etc.) or Chapters 2 and 3 of Part 5 (Trade) (“the relevant prohibition”), the relevant prohibition is not contravened if the conduct is authorised by a licence or other authorisation which is issued—

(a) under the law of the relevant country, and

(b) for the purpose of disapplying a prohibition in that jurisdiction which corresponds to the relevant prohibition.

(2) In this regulation—

“ relevant country ” means—

(a)

any of the Channel Islands,

(b)

the Isle of Man, or

(c)

any British overseas territory.

(3) Nothing in this regulation affects the application of a prohibition in a case where it would be incompatible with a UN obligation for the prohibition not to apply. ”

(3) In regulation 33 (Treasury licences) —

(a) in paragraph (2), before “Schedule 2” insert “ Part 2 or 3 of ” ;

(b) in paragraph (3), after “Part 2” insert “ or 2A ” .

(4) In Schedule 2 (Treasury licence: purposes)—

(a) after paragraph 6 (pre-existing judicial decisions etc.) insert—

“ PART 2A Purposes relating only to UN designated persons I7,I8

Prior obligations

6A. To enable, by the use of a designated person's frozen funds or economic resources, the satisfaction of an obligation of that person arising under a contract, provided that—

(a) the obligation arose before the date on which the person became a designated person, and

(b) no payments are made to another designated person, whether directly or indirectly. ”

(b) immediately before paragraph 7 insert— “ PART 3 Purposes relating only to non-UN designated persons ”

(c) omit the heading to Part 3 (Purposes relating only to non-UN designated persons).

Amendment of the Iran (Sanctions) (Nuclear) (EU Exit) Regulations 2019I9,I10

M65. —(1)The Iran (Sanctions) (Nuclear) (EU Exit) Regulations 2019 are amended as follows.

(2) After regulation 37 insert—

“ Exception for authorised conduct in a relevant country

37A. —(1) Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in any of regulations 12 to 17 (asset-freeze etc.) or Chapters 1 to 3 of Part 5 (Trade) (“the relevant prohibition”), the relevant prohibition is not contravened if the conduct is authorised by a licence or other authorisation which is issued—

(a) under the law of the relevant country, and

(b) for the purpose of disapplying a prohibition in that jurisdiction which corresponds to the relevant prohibition.

(2) In this regulation—

“ relevant country ” means—

(a)

any of the Channel Islands,

(b)

the Isle of Man, or

(c)

any British overseas territory.

(3) Nothing in this regulation affects the application of a prohibition in a case where it would be incompatible with a UN obligation for the prohibition not to apply. ”

Amendment of the ISIL (Da'esh) and Al-Qaida (United Nations Sanctions) (EU Exit) Regulations 2019 I11,I12

M76. —(1) The ISIL (Da'esh) and Al-Qaida (United Nations Sanctions) (EU Exit) Regulations 2019 are amended as follows.

(2) After regulation 27 insert—

“ Exception for authorised conduct in a relevant country

27A. —(1) Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in any of regulations 8 to 12 or 25 (asset-freeze etc.) (“the relevant prohibition”), the relevant prohibition is not contravened if the conduct is authorised by a licence or other authorisation which is issued—

(a) under the law of the relevant country, and

(b) for the purpose of disapplying a prohibition in that jurisdiction which corresponds to the relevant prohibition.

(2) In this regulation—

“ relevant country ” means—

(a)

any of the Channel Islands,

(b)

the Isle of Man, or

(c)

any British overseas territory.

(3) Nothing in this regulation affects the application of a prohibition in a case where it would be incompatible with a UN obligation for the prohibition not to apply. ”

(3) For paragraph (2) of regulation 36 substitute—

“ (2) For the purposes of paragraph (1), a “ relevant activity ” means an activity which would constitute a contravention of any prohibition in Part 4 (Trade) except the prohibition in regulation 15 (export of military goods). ”

Amendment of the Counter-Terrorism (International Sanctions) (EU Exit) Regulations 2019I13,I14

M87. —(1)The Counter-Terrorism (International Sanctions) (EU Exit) Regulations 2019 are amended as follows.

(2) After regulation 29 insert—

“ Exception for authorised conduct in a relevant country

29A. —(1) Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in any of regulations 11 to 15 (asset-freeze etc.) (“the relevant prohibition”), the relevant prohibition is not contravened if the conduct is authorised by a licence or other authorisation which is issued—

(a) under the law of the relevant country, and

(b) for the purpose of disapplying a prohibition in that jurisdiction which corresponds to the relevant prohibition.

(2) In this regulation—

“ relevant country ” means—

(a)

any of the Channel Islands,

(b)

the Isle of Man, or

(c)

any British overseas territory.

(3) Nothing in this regulation affects the application of a prohibition in a case where it would be incompatible with a UN obligation for the prohibition not to apply. ”

Amendment of the Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019I15,I16

M98. —(1)The Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019 are amended as follows.

(2) After regulation 17 insert—

“ Finance: exception for authorised conduct in a relevant country

17A. —(1) Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in any of regulations 11 to 15 (asset-freeze etc.) (“the relevant prohibition”), the relevant prohibition is not contravened if the conduct is authorised by a licence or other authorisation which is issued—

(a) under the law of the relevant country, and

(b) for the purpose of disapplying a prohibition in that jurisdiction which corresponds to the relevant prohibition.

(2) In this regulation—

“ relevant country ” means—

(a)

any of the Channel Islands,

(b)

the Isle of Man, or

(c)

any British overseas territory.

(3) Nothing in this regulation affects the application of a prohibition in a case where it would be incompatible with a UN obligation for the prohibition or requirement not to apply. ”

Amendment of the Lebanon (Sanctions) (EU Exit) Regulations 2020I17,I18

M109. —(1)The Lebanon (Sanctions) (EU Exit) Regulations 2020 are amended as follows.

(2) In Part 3, before regulation 16 insert—

“ Finance: exception for authorised conduct in a relevant country

15A. —(1) Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in Chapter 2 of Part 2 (Trade) (“the relevant prohibition”), the relevant prohibition is not contravened if the conduct is authorised by a licence or other authorisation which is issued—

(a) under the law of the relevant country, and

(b) for the purpose of disapplying a prohibition in that jurisdiction which corresponds to the relevant prohibition.

(2) In this regulation—

“ relevant country ” means—

(a)

any of the Channel Islands,

(b)

the Isle of Man, or

(c)

any British overseas territory.

(3) Nothing in this regulation affects the application of a prohibition in a case where it would be incompatible with a UN obligation for the prohibition not to apply. ”

Amendment of the Central African Republic (Sanctions) (EU Exit) Regulations 2020

M1110. —(1)The Central African Republic (Sanctions) (EU Exit) Regulations 2020 are amended as follows.

(2) After regulation 31 insert—

“ Exception for authorised conduct in a relevant country

31A. —(1) Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in any of regulations 12 to 16 (asset-freeze etc.) or Chapters 2 and 3 of Part 5 (Trade) (“the relevant prohibition”), the relevant prohibition is not contravened if the conduct is authorised by a licence or other authorisation which is issued—

(a) under the law of the relevant country, and

(b) for the purpose of disapplying a prohibition in that jurisdiction which corresponds to the relevant prohibition.

(2) In this regulation—

“ relevant country ” means—

(a)

any of the Channel Islands,

(b)

the Isle of Man, or

(c)

any British overseas territory.

(3) Nothing in this regulation affects the application of a prohibition in a case where it would be incompatible with a UN obligation for the prohibition not to apply. ”

(3) In regulation 33 (Treasury licences) —

(a) in paragraph (2), before “Schedule 2” insert “ Part 2 or 3 of ” ;

(b) in paragraph (3), after “Part 2” insert “ or 2A ” .

(4) In Schedule 2 (Treasury licence: purposes)—

(a) after paragraph 6 (pre-existing judicial decisions etc.) insert—

“ PART 2A Purposes relating only to UN designated persons I19,I20

Prior obligations

6A. To enable, by the use of a designated person's frozen funds or economic resources, the satisfaction of an obligation of that person arising under a contract, provided that—

(a) the obligation arose before the date on which the person became a designated person, and

(b) no payments are made to another designated person, whether directly or indirectly. ”

(b) immediately before paragraph 7 insert— “ PART 3 Purposes relating only to non-UN designated persons ”

(c) omit the heading to Part 3 (Purposes relating only to non-UN designated persons).

Amendment of the Lebanon (Sanctions) (Assassination of Rafiq Hariri and others) (EU Exit) Regulations 2020I21,I22

M1211. —(1)The Lebanon (Sanctions) (Assassination of Rafiq Hariri and others) (EU Exit) Regulations 2020 are amended as follows.

(2) After regulation 14 insert—

“ Finance: exception for authorised conduct in a relevant country

14A. —(1) Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in any of regulations 8 to 12 (asset-freeze etc.) (“the relevant prohibition”), the relevant prohibition is not contravened if the conduct is authorised by a licence or other authorisation which is issued—

(a) under the law of the relevant country, and

(b) for the purpose of disapplying a prohibition in that jurisdiction which corresponds to the relevant prohibition.

(2) In this regulation—

“ relevant country ” means—

(a)

any of the Channel Islands,

(b)

the Isle of Man, or

(c)

any British overseas territory.

(3) Nothing in this regulation affects the application of a prohibition in a case where it would be incompatible with a UN obligation for the prohibition or requirement not to apply. ”

Amendment of the Somalia (Sanctions) (EU Exit) Regulations 2020I23,I24

M1312. —(1)The Somalia (Sanctions) (EU Exit) Regulations 2020 are amended as follows.

(2) In regulation 24(3)(b), for “the person” where those words first appear substitute “ P ” .

Ahmad

Minister of State

Foreign, Commonwealth and Development Office

Status: There are currently no known outstanding effects for the The Sanctions (EU Exit) (Miscellaneous Amendments) (No.3) Regulations 2020.
The Sanctions (EU Exit) (Miscellaneous Amendments) (No.3) Regulations 2020 (2020/950)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
I1Reg. 1 not in force at made date, see reg. 1(2)
I2Reg. 1 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514 , reg. 17
I3Reg. 2 not in force at made date, see reg. 1(2)
I4Reg. 2 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514 , reg. 17
I5Reg. 3 not in force at made date, see reg. 1(2)
I6Reg. 3 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514 , reg. 17
I7Reg. 4 not in force at made date, see reg. 1(2)
I8Reg. 4 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514 , reg. 17
I9Reg. 5 not in force at made date, see reg. 1(2)
I10Reg. 5 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514 , reg. 17
I11Reg. 6 not in force at made date, see reg. 1(2)
I12Reg. 6 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514 , reg. 17
I13Reg. 7 not in force at made date, see reg. 1(2)
I14Reg. 7 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514 , reg. 17
I15Reg. 8 not in force at made date, see reg. 1(2)
I16Reg. 8 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514 , reg. 17
I17Reg. 9 not in force at made date, see reg. 1(2)
I18Reg. 9 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514 , reg. 17
I19Reg. 10 not in force at made date, see reg. 1(2)
I20Reg. 10 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514 , reg. 17
I21Reg. 11 not in force at made date, see reg. 1(2)
I22Reg. 11 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514 , reg. 17
I23Reg. 12 not in force at made date, see reg. 1(2)
I24Reg. 12 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514 , reg. 17
M1The power to make regulations under Part 1 of the Sanctions and Anti- Money Laundering Act 2018 (c.13) is conferred on an appropriate Minister. Section 1(9)(a) of the Act defines an “appropriate Minister” as including the Secretary of State.
M22018 c.13 .
M3S.I. 2019/411 , amended by S.I. 2019/843 and S.I. 2020/591 .
M4S.I. 2019/433 , amended by S.I. 2020/591 .
M5S.I. 2019/438 , amended by S.I. 2020/591 .
M6S.I. 2019/461 , amended by S.I. 2019/843 and S.I. 2020/591 .
M7S.I. 2019/466 , amended by S.I. 2019/843 and S.I. 2020/591 .
M8S.I. 2019/573 , amended by S.I. 2019/843 and S.I. 2020/591 .
M9S.I. 2019/577 , amended by S.I. 2020/591 .
M10S.I. 2020/612 .
M11S.I. 2020/616 .
M12S.I. 2020/617 .
M13S.I. 2020/642 .
Defined TermSection/ArticleIDScope of Application
This instrument is derived from the version at www.legislation.gov.uk. To see a list of all amendments (including any to be made) check the resources page for this instrument on their website. Note, the status of this instrument is given above.
This instrument is derived from the version at www.legislation.gov.uk. To see original commencement information, check the resources page associated with this instrument. n.b. commencement information for marked amendments is embedded in the relevant footnote.

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.