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Regulation 28 Exception for acts done for purposes of national security or prevention of serious crimeI1I2

United Kingdom

(1)

Where an act would, in the absence of this paragraph, be prohibited by any prohibition in Part 3 (finance), Part 4 (trade), or Part 5 (other sanctions), that prohibition does not apply to the act if the act is one which a responsible officer has determined would be in the interests of—

(a)

national security, or

(b)

the prevention or detection of serious crime in the United Kingdom or elsewhere.

(2)

Where, in the absence of this paragraph, a thing would be required to be done under or by virtue of a provision of F1Part 7 (information) or F29 (maritime enforcement), that requirement does not apply if a responsible officer has determined that not doing the thing in question would be in the interests of—

(a)

national security, or

(b)

the prevention or detection of serious crime in the United Kingdom or elsewhere.

(3)

In this regulation “responsible officer” means a person in the service of the Crown or holding office under the Crown, acting in the course of that person's duty.

(4)

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.

Annotations

Textual amendments

F1

Words in reg. 28(2) substituted (31.12.2020) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/843), regs. 1(2), 4(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F2

Word in reg. 28(2) substituted (31.12.2020) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/843), regs. 1(2), 4(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Commencement

I1

Reg. 28 not in force at made date, see reg. 1(2)

I2

Reg. 28 in force at 31.12.2020 on IP completion day by S.I. 2019/627, reg. 9(2); 2020 c. 1, Sch. 5 para. 1(1)