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The Protection of Trading Interests (Authorisation) (Amendment) Regulations 2022

S.I. 2022/545 · Made 10 May 2022

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.

Protection Of Trading Interests

Trade

Made at 9.35 a.m. on 10th May 2022

The Secretary of State makes the following Regulations in exercise of the powers conferred by Article 5, second paragraph, point (a), of Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefromf1.

Annotations to the whole text

Footnotes

f1

EUR 1996/2271, amended by S.I. 2020/1660. EUR 1996/2271 was incorporated into domestic law at 11 p.m. on 31st December 2020 under section 3 of the European Union (Withdrawal) Act 2018 (c. 16).

Contents

  1. 1Citation
  2. 2Amendment of the Protection of Trading Interests (Authorisation) Regulations 2021
  3. 3Substitution of regulation 2 (Interpretation)
  4. 4Amendment of regulation 3 (Authorisation to comply with Title III of the Helms-Burton Act)
  5. 5Insertion of regulation 4
  6. 6Amendment of the Schedule (Authorisation to file motion to dismiss)
  7. 7Insertion of Schedule 2
  8. Signature
  9. Explanatory note

1Citation

These Regulations may be cited as the Protection of Trading Interests (Authorisation) (Amendment) Regulations 2022.

2Amendment of the Protection of Trading Interests (Authorisation) Regulations 2021

The Protection of Trading Interests (Authorisation) Regulations 2021f1 are amended as follows.

3Substitution of regulation 2 (Interpretation)

For regulation 2 substitute—

“Interpretation

2.

In these Regulations—

  • “the Helms-Burton Act” means the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996f1;

  • “the laws relating to Iran” means the laws of the United States of America specified in the Annex to Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefromf2 that relate to Iran as follows—

    1. (a)

      the Iran Sanctions Act of 1996f3;

    2. (b)

      the Iran Freedom and Counter-Proliferation Act of 2012f4;

    3. (c)

      section 1245 of the National Defense Authorization Act for Fiscal Year 2012f5;

    4. (d)

      section 2 and Titles I to VI of the Iran Threat Reduction and Syria Human Rights Act of 2012 to the extent it relates to Iranf6; and

    5. (e)

      the Iranian Transactions and Sanctions Regulationsf7.”.

4Amendment of regulation 3 (Authorisation to comply with Title III of the Helms-Burton Act)

In regulation 3, for “the Schedule” in both places it occurs, substitute “Schedule 1”.

5Insertion of regulation 4

After regulation 3 (Authorisation to comply with Title III of the Helms-Burton Act), insert—

“Authorisation to comply with the laws relating to Iran

4.

The person specified in Part 1 of Schedule 2 is, for the purpose specified in Part 2 of Schedule 2, authorised to comply with any requirement or prohibition based on or resulting from the laws relating to Iran.”.

6Amendment of the Schedule (Authorisation to file motion to dismiss)

The existing Schedule becomes Schedule 1 (and, accordingly, for the heading “SCHEDULE” substitute the heading “SCHEDULE 1”).”

7Insertion of Schedule 2

After Schedule 1, (Authorisation to file motion to dismiss), as renumbered by these Regulations, insert—

“SCHEDULE 2

Authorisation to comply with Office of Foreign Assets Control licence

Regulation 4

PART 1

Authorised person

Three Crowns (Services) LLPf1.

PART 2

Authorised purpose

Complying with the licence issued by the Office of Foreign Assets Controlf2 on 22 March 2021 in which Three Crowns (Services) LLP is named as a licensee (licence number IA-2016-331681-3).”.

Signature

Signed by authority of the Secretary of State for International Trade

Penny Mordaunt

Minister of State

Department for International Trade

At 9.35 a.m. on 10th May 2022

Explanatory note

(This note is not part of the Regulations)

These Regulations, which come into force at the time they are made, amend the Protection of Trading Interests (Authorisation) Regulations 2021 (S.I. 2021/132).

The amendments authorise compliance by a specified person, for a specified purpose, with a requirement or prohibition referred to in the first paragraph of Article 5 of Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom, amended by S.I. 2020/1660.

Laws of the United States of America may be found online at https://uscode.house.gov/ (for Acts) or https://ecfr.federalregister.gov/ (for Regulations).

The Office of Foreign Assets Control (“OFAC”) is part of the United States Department of the Treasury. Licences issued by OFAC are not readily available to the public.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary, or public sector is foreseen.