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The European Union Financial Sanctions (Enhanced Penalties) Regulations 2017

S.I. 2017/560 · Made 10 April 2017

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Criminal Law

Made 10th April 2017

Laid before Parliament 11th April 2017

Coming into force 2nd May 2017

The Treasury are designated for the purposes of section 2(2) of the European Communities Act 1972f1 in relation to restrictive measures against persons or bodies listed by an international organisation.

The Treasury, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and section 144(5) of the Policing and Crime Act 2017f2, make the following Regulations.

Annotations to the whole text

Footnotes

f1

1972 c.68. Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1)(a) and the European Union (Amendment) Act 2008 (c.7), Schedule 1, Part 1. Paragraph 1(1)(d) of Schedule 2 to the 1972 Act is modified by section 144 of the Policing and Crime Act 2017 (c.3), in relation to the exercise of the powers conferred by section 2(2) of the 1972 Act, for the purposes of implementing, or otherwise in relation to, EU obligations created or arising by or under an EU financial sanctions Regulation, as defined by section 143 of the 2017 Act.

f2

2017 c.3.

Contents

  1. 1Citation and commencement
  2. 2Zimbabwe (Financial Sanctions) Regulations 2009
  3. 3Somalia (Asset-Freezing) Regulations 2010
  4. 4Egypt (Asset-Freezing) Regulations 2011
  5. 5Tunisia (Asset-Freezing) Regulations 2011
  6. 6Iran (Asset-Freezing) Regulations 2011
  7. 7Afghanistan (Asset-Freezing) Regulations 2011
  8. 8ISIL (Da’esh) and Al-Qaida (Asset-Freezing) Regulations 2011
  9. 9Syria (European Union Financial Sanctions) Regulations 2012
  10. 10Guinea-Bissau (Asset-Freezing) Regulations 2012
  11. 11Iraq (Asset-Freezing) Regulations 2012
  12. 12Republic of Guinea (Asset-Freezing) Regulations 2012
  13. 13Democratic Republic of the Congo (Asset-Freezing) Regulations 2012
  14. 14Eritrea (Asset-Freezing) Regulations 2012
  15. 15Lebanon and Syria (Asset-Freezing) Regulations 2012
  16. 16Belarus (Asset-Freezing) Regulations 2013
  17. 17Ukraine (European Union Financial Sanctions) Regulations 2014
  18. 18Central African Republic (European Union Financial Sanctions) Regulations 2014
  19. 19Ukraine (European Union Financial Sanctions) (No. 2) Regulations 2014
  20. 20Sudan (European Union Financial Sanctions) Regulations 2014
  21. 21Ukraine (European Union Financial Sanctions) (No. 3) Regulations 2014
  22. 22Yemen (European Union Financial Sanctions) Regulations 2014
  23. 23South Sudan (European Union Financial Sanctions) (No. 2) Regulations 2015
  24. 24Burundi (European Union Financial Sanctions) Regulations 2015
  25. 25Iran (European Union Financial Sanctions) Regulations 2016
  26. 26Libya (European Union Financial Sanctions) Regulations 2016
  27. 27Democratic People’s Republic of Korea (European Union Financial Sanctions) Regulations 2017
  28. Signature
  29. Explanatory note

1Citation and commencement

These Regulations may be cited as the European Union Financial Sanctions (Enhanced Penalties) Regulations 2017 and come into force on 2nd May 2017.

2Zimbabwe (Financial Sanctions) Regulations 2009

(1)

Regulation 13 (penalties) of the Zimbabwe (Financial Sanctions) Regulations 2009f1 is amended as follows.

(2)

In paragraph (1), omit “or paragraph 4(b) or (d) of the Schedule”.

(3)

In paragraph (1)(a), for “two” substitute “seven”.

(4)

In paragraphs (1)(b) and (2), for “three months” substitute “the relevant maximum”.

(5)

In paragraph (2), omit “(a) or (c)”.

(6)

After paragraph (2) insert—

“(3)

For the purposes of this regulation, “the relevant maximum” is—

(a)

in England and Wales, twelve months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003f2 comes into force, six months);

(b)

in Scotland, twelve months;

(c)

in Northern Ireland, six months.”.

3Somalia (Asset-Freezing) Regulations 2010

(1)

Regulation 15 (penalties) of the Somalia (Asset-Freezing) Regulations 2010f1 is amended as follows.

(2)

In paragraph (1)(a), for “two” substitute “seven”.

(3)

In paragraphs (1)(b) and (2), for “three months” substitute “the relevant maximum”.

(4)

After paragraph (2) insert—

“(3)

For the purposes of this regulation, “the relevant maximum” is—

(a)

in England and Wales, twelve months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, six months);

(b)

in Scotland, twelve months;

(c)

in Northern Ireland, six months.”.

4Egypt (Asset-Freezing) Regulations 2011

(1)

Regulation 14 (penalties) of the Egypt (Asset-Freezing) Regulations 2011f1 is amended as follows.

(2)

In paragraph (1)(a), for “two” substitute “seven”.

(3)

In paragraphs (1)(b) and (2), for “three months” substitute “the relevant maximum”.

(4)

After paragraph (2) insert—

“(3)

For the purposes of this regulation, “the relevant maximum” is—

(a)

in England and Wales, twelve months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, six months);

(b)

in Scotland, twelve months;

(c)

in Northern Ireland, six months.”.

5Tunisia (Asset-Freezing) Regulations 2011

(1)

Regulation 14 (penalties) of the Tunisia (Asset-Freezing) Regulations 2011f1 is amended as follows.

(2)

In paragraph (1)(a), for “two” substitute “seven”.

(3)

In paragraphs (1)(b) and (2), for “three months” substitute “the relevant maximum”.

(4)

After paragraph (2) insert—

“(3)

For the purposes of this regulation, “the relevant maximum” is—

(a)

in England and Wales, twelve months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, six months);

(b)

in Scotland, twelve months;

(c)

in Northern Ireland, six months.”.

6Iran (Asset-Freezing) Regulations 2011

(1)

Regulation 14 (penalties) of the Iran (Asset-Freezing) Regulations 2011f1 is amended as follows.

(2)

In paragraph (1)(a), for “two” substitute “seven”.

(3)

In paragraphs (1)(b) and (2), for “three months” substitute “the relevant maximum”.

(4)

After paragraph (2) insert—

“(3)

For the purposes of this regulation, “the relevant maximum” is—

(a)

in England and Wales, twelve months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, six months);

(b)

in Scotland, twelve months;

(c)

in Northern Ireland, six months.”.

7Afghanistan (Asset-Freezing) Regulations 2011

(1)

Regulation 14 (penalties) of the Afghanistan (Asset-Freezing) Regulations 2011f1 is amended as follows.

(2)

In paragraph (1)(a), for “two” substitute “seven”.

(3)

In paragraphs (1)(b) and (2), for “three months” substitute “the relevant maximum”.

(4)

After paragraph (2) insert—

“(3)

For the purposes of this regulation, “the relevant maximum” is—

(a)

in England and Wales, twelve months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, six months);

(b)

in Scotland, twelve months;

(c)

in Northern Ireland, six months.”.

8ISIL (Da’esh) and Al-Qaida (Asset-Freezing) Regulations 2011

(1)

Regulation 14 (penalties) of the ISIL (Da’esh) and Al-Qaida (Asset-Freezing) Regulations 2011f1 is amended as follows.

(2)

In paragraph (1)(a), for “two” substitute “seven”.

(3)

In paragraphs (1)(b) and (2), for “three months” substitute “the relevant maximum”.

(4)

After paragraph (2) insert—

“(3)

For the purposes of this regulation, “the relevant maximum” is—

(a)

in England and Wales, twelve months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, six months);

(b)

in Scotland, twelve months;

(c)

in Northern Ireland, six months.”.

9Syria (European Union Financial Sanctions) Regulations 2012

(1)

Regulation 18 (penalties) of the Syria (European Union Financial Sanctions) Regulations 2012f1 is amended as follows.

(2)

In paragraph (1)(a), for “two” substitute “seven”.

(3)

In paragraphs (1)(b) and (2), for “three months” substitute “the relevant maximum”.

(4)

After paragraph (2) insert—

“(3)

For the purposes of this regulation, “the relevant maximum” is—

(a)

in England and Wales, twelve months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, six months);

(b)

in Scotland, twelve months;

(c)

in Northern Ireland, six months.”.

10Guinea-Bissau (Asset-Freezing) Regulations 2012

(1)

Regulation 13 (penalties) of the Guinea-Bissau (Asset-Freezing) Regulations 2012f1 is amended as follows.

(2)

In paragraph (1)(a), for “two” substitute “seven”.

(3)

In paragraphs (1)(b) and (2), for “three months” substitute “the relevant maximum”.

(4)

After paragraph (2) insert—

“(3)

For the purposes of this regulation, “the relevant maximum” is—

(a)

in England and Wales, twelve months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, six months);

(b)

in Scotland, twelve months;

(c)

in Northern Ireland, six months.”.

11Iraq (Asset-Freezing) Regulations 2012

(1)

Regulation 13 (penalties) of the Iraq (Asset-Freezing) Regulations 2012f1 is amended as follows.

(2)

In paragraph (1)(a), for “two” substitute “seven”.

(3)

In paragraphs (1)(b) and (2), for “three months” substitute “the relevant maximum”.

(4)

After paragraph (2) insert—

“(3)

For the purposes of this regulation, “the relevant maximum” is—

(a)

in England and Wales, twelve months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, six months);

(b)

in Scotland, twelve months;

(c)

in Northern Ireland, six months.”.

12Republic of Guinea (Asset-Freezing) Regulations 2012

(1)

Regulation 13 (penalties) of the Republic of Guinea (Asset-Freezing) Regulations 2012f1 is amended as follows.

(2)

In paragraph (1)(a), for “two” substitute “seven”.

(3)

In paragraphs (1)(b) and (2), for “three months” substitute “the relevant maximum”.

(4)

After paragraph (2) insert—

“(3)

For the purposes of this regulation, “the relevant maximum” is—

(a)

in England and Wales, twelve months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, six months);

(b)

in Scotland, twelve months;

(c)

in Northern Ireland, six months.”.

13Democratic Republic of the Congo (Asset-Freezing) Regulations 2012

(1)

Regulation 13 (penalties) of the Democratic Republic of the Congo (Asset-Freezing) Regulations 2012f1 is amended as follows.

(2)

In paragraph (1)(a), for “two” substitute “seven”.

(3)

In paragraphs (1)(b) and (2), for “three months” substitute “the relevant maximum”.

(4)

After paragraph (2) insert—

“(3)

For the purposes of this regulation, “the relevant maximum” is—

(a)

in England and Wales, twelve months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, six months);

(b)

in Scotland, twelve months;

(c)

in Northern Ireland, six months.”.

14Eritrea (Asset-Freezing) Regulations 2012

(1)

Regulation 13 (penalties) of the Eritrea (Asset-Freezing) Regulations 2012f1 is amended as follows.

(2)

In paragraph (1)(a), for “two” substitute “seven”.

(3)

In paragraphs (1)(b) and (2), for “three months” substitute “the relevant maximum”.

(4)

After paragraph (2) insert—

“(3)

For the purposes of this regulation, “the relevant maximum” is—

(a)

in England and Wales, twelve months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, six months);

(b)

in Scotland, twelve months;

(c)

in Northern Ireland, six months.”.

15Lebanon and Syria (Asset-Freezing) Regulations 2012

(1)

Regulation 13 (penalties) of the Lebanon and Syria (Asset-Freezing) Regulations 2012f1 is amended as follows.

(2)

In paragraph (1)(a), for “two” substitute “seven”.

(3)

In paragraphs (1)(b) and (2), for “three months” substitute “the relevant maximum”.

(4)

After paragraph (2) insert—

“(3)

For the purposes of this regulation, “the relevant maximum” is—

(a)

in England and Wales, twelve months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, six months);

(b)

in Scotland, twelve months;

(c)

in Northern Ireland, six months.”.

16Belarus (Asset-Freezing) Regulations 2013

(1)

Regulation 13 (penalties) of the Belarus (Asset-Freezing) Regulations 2013f1 is amended as follows.

(2)

In paragraph (1)(a), for “two” substitute “seven”.

(3)

In paragraphs (1)(b) and (2), for “three months” substitute “the relevant maximum”.

(4)

After paragraph (2) insert—

“(3)

For the purposes of this regulation, “the relevant maximum” is—

(a)

in England and Wales, twelve months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, six months);

(b)

in Scotland, twelve months;

(c)

in Northern Ireland, six months.”.

17Ukraine (European Union Financial Sanctions) Regulations 2014

(1)

Regulation 12 (penalties) of the Ukraine (European Union Financial Sanctions) Regulations 2014f1 is amended as follows.

(2)

In paragraph (1)(a), for “two” substitute “seven”.

(3)

In paragraphs (1)(b) and (2), for “three months” substitute “the relevant maximum”.

(4)

After paragraph (2) insert—

“(3)

For the purposes of this regulation, “the relevant maximum” is—

(a)

in England and Wales, twelve months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, six months);

(b)

in Scotland, twelve months;

(c)

in Northern Ireland, six months.”.

18Central African Republic (European Union Financial Sanctions) Regulations 2014

(1)

Regulation 12 (penalties) of the Central African Republic (European Union Financial Sanctions) Regulations 2014f1 is amended as follows.

(2)

In paragraph (1)(a), for “two” substitute “seven”.

(3)

In paragraphs (1)(b) and (2), for “three months” substitute “the relevant maximum”.

(4)

After paragraph (2) insert—

“(3)

For the purposes of this regulation, “the relevant maximum” is—

(a)

in England and Wales, twelve months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, six months);

(b)

in Scotland, twelve months;

(c)

in Northern Ireland, six months.”.

19Ukraine (European Union Financial Sanctions) (No. 2) Regulations 2014

(1)

Regulation 12 (penalties) of the Ukraine (European Union Financial Sanctions) (No. 2) Regulations 2014f1 is amended as follows.

(2)

In paragraph (1)(a), for “two” substitute “seven”.

(3)

In paragraphs (1)(b) and (2), for “three months” substitute “the relevant maximum”.

(4)

After paragraph (2) insert—

“(3)

For the purposes of this regulation, “the relevant maximum” is—

(a)

in England and Wales, twelve months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, six months);

(b)

in Scotland, twelve months;

(c)

in Northern Ireland, six months.”.

20Sudan (European Union Financial Sanctions) Regulations 2014

(1)

Regulation 12 (penalties) of the Sudan (European Union Financial Sanctions) Regulations 2014f1 is amended as follows.

(2)

In paragraph (1)(a), for “two” substitute “seven”.

(3)

In paragraphs (1)(b) and (2), for “three months” substitute “the relevant maximum”.

(4)

After paragraph (2) insert—

“(3)

For the purposes of this regulation, “the relevant maximum” is—

(a)

in England and Wales, twelve months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, six months);

(b)

in Scotland, twelve months;

(c)

in Northern Ireland, six months.”.

21Ukraine (European Union Financial Sanctions) (No. 3) Regulations 2014

(1)

Regulation 6 (penalties) of the Ukraine (European Union Financial Sanctions) (No. 3) Regulations 2014f1 is amended as follows.

(2)

In paragraph (1)(a), for “two” substitute “seven”.

(3)

In paragraphs (1)(b) and (2), for “three months” substitute “the relevant maximum”.

(4)

After paragraph (2) insert—

“(3)

For the purposes of this regulation, “the relevant maximum” is—

(a)

in England and Wales, twelve months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, six months);

(b)

in Scotland, twelve months;

(c)

in Northern Ireland, six months.”.

22Yemen (European Union Financial Sanctions) Regulations 2014

(1)

Regulation 12 (penalties) of the Yemen (European Union Financial Sanctions) Regulations 2014f1 is amended as follows.

(2)

In paragraph (1)(a), for “two” substitute “seven”.

(3)

In paragraphs (1)(b) and (2), for “three months” substitute “the relevant maximum”.

(4)

After paragraph (2) insert—

“(3)

For the purposes of this regulation, “the relevant maximum” is—

(a)

in England and Wales, twelve months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, six months);

(b)

in Scotland, twelve months;

(c)

in Northern Ireland, six months.”.

23South Sudan (European Union Financial Sanctions) (No. 2) Regulations 2015

(1)

Regulation 12 (penalties) of the South Sudan (European Union Financial Sanctions) (No. 2) Regulations 2015f1 is amended as follows.

(2)

In paragraph (1)(a), for “two” substitute “seven”.

(3)

In paragraphs (1)(b) and (2), for “three months” substitute “the relevant maximum”.

(4)

After paragraph (2) insert—

“(3)

For the purposes of this regulation, “the relevant maximum” is—

(a)

in England and Wales, twelve months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, six months);

(b)

in Scotland, twelve months;

(c)

in Northern Ireland, six months.”.

24Burundi (European Union Financial Sanctions) Regulations 2015

(1)

Regulation 12 (penalties) of the Burundi (European Union Financial Sanctions) Regulations 2015f1 is amended as follows.

(2)

In paragraph (1)(a), for “two” substitute “seven”.

(3)

In paragraphs (1)(b) and (2), for “three months” substitute “the relevant maximum”.

(4)

After paragraph (2) insert—

“(3)

For the purposes of this regulation, “the relevant maximum” is—

(a)

in England and Wales, twelve months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, six months);

(b)

in Scotland, twelve months;

(c)

in Northern Ireland, six months.”.

25Iran (European Union Financial Sanctions) Regulations 2016

(1)

Regulation 13 (penalties) of the Iran (European Union Financial Sanctions) Regulations 2016f1 is amended as follows.

(2)

In paragraph (1)(a), for “two” substitute “seven”.

(3)

In paragraphs (1)(b)(i) and (2)(a), for “three months” substitute “the relevant maximum”.

(4)

After paragraph (2) insert—

“(3)

For the purposes of this regulation, “the relevant maximum” is—

(a)

in England and Wales, twelve months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, six months);

(b)

in Scotland, twelve months;

(c)

in Northern Ireland, six months.”.

26Libya (European Union Financial Sanctions) Regulations 2016

(1)

Regulation 12 (penalties) of the Libya (European Union Financial Sanctions) Regulations 2016f1 is amended as follows.

(2)

In paragraph (1)(a), for “two” substitute “seven”.

(3)

In paragraphs (1)(b)(i) and (2)(a), for “three months” substitute “the relevant maximum”.

(4)

After paragraph (2) insert—

“(3)

For the purposes of this regulation, “the relevant maximum” is—

(a)

in England and Wales, twelve months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, six months);

(b)

in Scotland, twelve months;

(c)

in Northern Ireland, six months.”.

27Democratic People’s Republic of Korea (European Union Financial Sanctions) Regulations 2017

(1)

Regulation 26 (penalties) of the Democratic People’s Republic of Korea (European Union Financial Sanctions) Regulations 2017f1 is amended as follows.

(2)

In paragraph (1)(a), for “two” substitute “seven”.

(3)

In paragraphs (1)(b)(i) and (2)(a), for “three months” substitute “the relevant maximum”.

(4)

After paragraph (2) insert—

“(3)

For the purposes of this regulation, “the relevant maximum” is—

(a)

in England and Wales, twelve months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, six months);

(b)

in Scotland, twelve months;

(c)

in Northern Ireland, six months.”.

Signature

Guto Bebb

Robert Syms

Two of the Lords Commissioners of Her Majesty’s Treasury

10th April 2017

Explanatory note

(This note is not part of the Regulations)

Section 144 of the Policing and Crime Act 2017 (c. 3) (“the 2017 Act”) modifies the application of the European Communities Act 1972 (c.68) (“the 1972 Act”) to enable higher maximum terms of imprisonment for offences relating to EU financial sanctions regimes, to bring these into line with breaches of the UK and EU terrorist asset freezing regimes. Subsections (4) and (5) of section 144 also enable the power in section 2(2) of the 1972 Act to be used to extend the maximum criminal penalties for breaches of EU financial sanctions regimes in respect of criminal offences that have already been created.

In exercise of these new powers available under the 1972 Act, as modified by the 2017 Act, these Regulations increase the maximum terms of imprisonment on summary conviction and conviction on indictment in the UK in relation to existing offences. They do so by amending various pieces of secondary legislation which make provision relating to the enforcement in the UK of different EU financial sanctions regimes. Regulation 2 also makes amendments to the enforcement regime in relation to Zimbabwe so that a person guilty of an offence under paragraph 4(b) or (d) of the Schedule to the Zimbabwe (Financial Sanctions) Regulations 2009 (S.I. 2009/847) is liable only on summary conviction, to bring this into line with other regimes in the United Kingdom. An impact assessment has not been prepared for this instrument because no significant impact on the private or voluntary sector is foreseen.