The Republic of Belarus (Sanctions) (Overseas Territories) (Amendment) Order 2022

Schedule 2 (modifications to be made in the extension of the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019^f1 to each British overseas territory listed in Schedule 1) to the Republic of Belarus (Sanctions) (Overseas Territories) Order 2020^f2 is amended as set out in articles 3 to 31.

In paragraph 2(b)(i) (regulation 2 (interpretation)), in sub-paragraph (c) of the definition of “authorised officer”, at the beginning of the list, insert—

“(ai)

regulation 29I (detention of ships),”.

At the end of paragraph 3 (regulation 3: application of prohibitions and requirements outside the United Kingdom)—

After paragraph 6 insert—

“6A.

Omit regulation 5A (conditions for the designation of persons by name) (including the heading).

6B.

Omit regulation 5B (conditions for the designation of persons by description) (including the heading).”

In paragraph 8 (regulation 8 (notification and publicity where designation power used))—

After paragraph 9 insert—

“9A.

For regulation 9A (notification and publicity where power to designate by description is used), substitute—

“Requirement to publish a list of designations by description

9A.

(1)

Subject to paragraph (2), the Governor must—

(a)

publish a list of designations by description, and

(b)

keep the list up to date.

(2)

Where, in accordance with regulation 9A (notification and publicity where power to designate by description is used) (as it has effect in the United Kingdom) the Secretary of State is not required to publicise generally a designation, variation or revocation, the Governor must not include in the list under paragraph (1) any details of that designation, variation or revocation.

(3)

The Governor may publish the list under paragraph (1) in any form the Governor considers appropriate, including by means of a website.

(4)

For the purposes of this regulation, “designations by description” means designations where the Secretary of State has for the time being provided that persons of a specified description are designated persons under regulation 5(1A) (power to designate persons by description) (as it has effect in the United Kingdom).””

In paragraph 13, for “regulation 21 (export of restricted goods)” substitute “regulation 21 (export of goods to, or for use in, Belarus)”.

In paragraph 14, for “regulation 22 (supply and delivery of restricted goods)” substitute “regulation 22 (supply and delivery of goods from a third country to Belarus)”.

In paragraph 15, for “regulation 27 (brokering services: non-UK activity relating to restricted goods and restricted technology)” substitute “regulation 27 (brokering services: certain arrangements relating to non-UK activities)”.

Omit paragraph 15A (regulation 27C (supply and delivery of dual-use goods)).

Omit paragraph 15B (regulation 27H (brokering services: non-UK activity relating to dual-use goods and dual-use technology)).

In paragraph 15C (regulation 27K (supply and delivery of potash and petroleum products))—

In paragraph 15D, for “regulation 27L (technical assistance relating to petroleum products” substitute “regulation 27L (technical assistance relating to certain activities)”.

In paragraph 15E, for “regulation 27M (financial services, funds and brokering services relating to petroleum products)” substitute “regulation 27M (financial services, funds and brokering services relating to certain arrangements)”.

After paragraph 15E insert—

“15EA.

In regulation 27N(5) (technical assistance relating to aircraft and ships), for the definition of “designated person” substitute—

• ““designated person” means a person for the time being designated by the Secretary of State under regulation 5 (power to designated persons) (as it has effect in the United Kingdom) for the purposes of this regulation (as it has effect in the United Kingdom);”.

15EB.

In regulation 27O (enabling or facilitating military activities)—

(a)

in paragraph (1)(d), for “non-UK country” substitute “non-Territory country”;

(b)

in paragraph (4), for ““non-UK country” means a country that is not the United Kingdom”” substitute ““non-Territory country” means a country that is not the Territory;”.”

In paragraph 15F (regulation 29A (movement of aircraft))—

After paragraph 15F insert—

“15FA.

In regulation 29(B) (directions under regulation 29A), in paragraph (6), after “Secretary of State” insert “or Governor (as the case may be)”.”

After paragraph 15G insert—

“15GA.

In regulation 29CA (registration of aircraft in the United Kingdom)—

(a)

in the heading, for “United Kingdom” substitute “”Territory”;

(b)

in each place where it appears in paragraphs (1), (2) and (5), for “CAA” substitute “Governor”;

(c)

in paragraph (3), for “Part 3 (Registration and marking)” substitute “Part 2 (Registration and marking of aircraft)”;

(d)

in paragraph (5), after “in the register” insert “in relation to the Territory”;

(e)

for paragraph (6) substitute—

“(6)

In this regulation, a “designated person” means a person who is designated by the Secretary of State under regulation 5 (power to designate persons) (as it has effect in the United Kingdom) for the purposes of regulation 29A (movement of aircraft) or this regulation (as they have effect in the United Kingdom).””

After paragraph 15I insert—

“15J.

In regulation 29F (prohibition on port entry)—

(a)

in paragraphs (1) and (2), for “United Kingdom”, in both places it occurs, substitute “Territory”;

(b)

for paragraph (6) substitute—

“(6)

In paragraph (5), a “designated person” means a person for the time being designated by the Secretary of State under regulation 5 (power to designate persons) (as it has effect in the United Kingdom) for the purposes of regulations 29F and 29H to 29J (ships: prohibition on port entry etc.) (as they have effect in the United Kingdom).”

15K.

In regulation 29G (directions prohibiting port entry)—

(a)

in paragraphs (2), (3), (5) and (6), for “Secretary of State”, in each place it occurs, substitute “Governor”;

(b)

in paragraphs (3) and (7), for “United Kingdom”, in both places it occurs, substitute “Territory”;

(c)

after paragraph (6) insert—

“(6A)

The Secretary of State may direct the Governor to exercise any of the Governor’s powers under this regulation.”

15L.

In regulation 29H (movement of ships)—

(a)

in paragraphs (1), (2), (4) and (5), for “Secretary of State”, in each place it occurs, substitute “Governor”;

(b)

after paragraph (5) insert—

“(5A)

The Secretary of State may direct the Governor to exercise any of the Governor’s powers under this regulation.”

(c)

in paragraph (6), for the definition of “designated person” substitute—

• ““designated person” means a person for the time being designated by the Secretary of State under regulation 5 (power to designate persons) (as it has effect in the United Kingdom) for the purposes of regulations 29F and 29H to 29J (ships: prohibition on port entry etc.) (as they have effect in the United Kingdom);”.

15M.

In regulation 29I (detention of ships)—

(a)

in paragraphs (1), (2) and (3), for “Secretary of State”, in each place it occurs, substitute “Governor”;

(b)

in paragraphs (4) and (6), for “United Kingdom”, in both places it occurs, substitute “Territory”;

(c)

after paragraph (7) insert—

“(7A)

The Secretary of State may direct the Governor to exercise any of the Governor’s powers under this regulation.”

(d)

for paragraph (8) substitute—

“(8)

Where a detention direction is given under this regulation in relation to a ship, an authorised officer may detain the ship.

(8A)

If a ship in respect of which a detention direction has been given to the master proceeds to sea in contravention of the detention direction, the master of the ship commits an offence.

(8B)

If a ship in respect of which a detention direction has been given to the master fails to comply with any requirements imposed by the direction, the master of the ship commits an offence.

(8C)

The owner of a ship, and any person who sends to sea a ship, in respect of which an offence is committed under paragraph (8A) or (8B), if party or privy to the offence, also commits an offence under that paragraph.

(8D)

Any reference in this regulation to proceeding to sea includes a reference to going on a voyage or excursion that does not involve going to sea, and references to sending to sea are to be construed accordingly.”

(e)

for paragraph (10) substitute—

“(10)

In this regulation, “designated person” means a person for the time being designated by the Secretary of State under regulation 5 (power to designate persons) (as it has effect in the United Kingdom) for the purposes of regulations 29F and 29H to 29J (ships: prohibition on port entry etc.) (as they have effect in the United Kingdom).”

15N.

In regulation 29J (registration of ships in the United Kingdom)—

(a)

in the heading, for “United Kingdom” substitute “Territory”;

(b)

in paragraphs (1) and (2), for “Registrar”, in each place it occurs, substitute “Territory registrar”;

(c)

in paragraph (1), after “Secretary of State” insert “, by the Governor”;

(d)

in paragraph (2), after “Secretary of State” insert “or the Governor”;

(e)

in paragraph (3)—

(i)

before sub-paragraph (a) insert—

“(za)

“the Territory registrar”, in relation to the Territory, means the person responsible for the registration of ships in the Territory;”;

(ii)

in sub-paragraph (a), for “register of British ships maintained by the Registrar” substitute “register of British ships in the Territory maintained by the Territory registrar”;

(iii)

for sub-paragraph (b) substitute—

“(b)

“designated person” means a person for the time being designated by the Secretary of State under regulation 5 (power to designate persons) (as it has effect in the United Kingdom) for the purposes of regulations 29F and 29H to 29J (ships: prohibition on port entry etc.) (as they have effect in the United Kingdom);”.

15O.

Omit regulation 29K (specification of ships) (including the heading).

15P.

For regulation 29L (notification and publicity where specification power used) substitute—

“Requirement to publish a list of specified ships

29L.

(1)

Subject to paragraph (2), the Governor must—

(a)

publish a list of specified ships, and

(b)

keep the list up to date.

(2)

Where, in accordance with regulation 29L (notification and publicity where specification power used) (as it has effect in the United Kingdom) the Secretary of State is not required to publicise generally a specification or revocation, the Governor must not include in the list under paragraph (1) any details of that specification or revocation.

(3)

The Governor may publish the list under paragraph (1) in any form the Governor considers appropriate, including by means of a website.”

15Q.

In regulation 29N (interpretation of Part 5B)—

(a)

in paragraph (5), in the definition of “specified ship”, after “under regulation 29K (specification of ships)” insert “(as it has effect in the United Kingdom)”;

(b)

in paragraph (6), after “in that section”, insert “, unless otherwise provided in this Part”.”

In paragraph 17, in regulation 30A(1) (exceptions for authorised conduct outside the Territory)—

In paragraph 18, in regulation 31(1) (exception for acts done for purposes of national security or prevention of serious crime), for “or Part 5A (Aircraft)”, substitute “, Part 5A (Aircraft) or Part 5B (Ships)”.

In paragraph 18A (regulation 31A (exceptions relating to loans and credit arrangements))—

In paragraph 18B (regulation 31B (exceptions relating to insurance and reinsurance services))—

After paragraph 18B insert—

“18C.

In regulation 31C(2) (trade: exceptions relating to mineral products for personal or humanitarian use), for “27K (supply and delivery of goods to places outside the UK)” substitute “27K (supply and delivery of goods to places outside the Territory)”.

18D.

In regulation 31F(1) (trade: exceptions for emergencies in certain cases), for “Secretary of State” substitute “Governor”.

18E.

In regulation 31H (aircraft: exceptions relating to the safety of persons or aircraft), in paragraphs (1) and (2), in both places where it occurs, for “United Kingdom” substitute “Territory”.”

In paragraph 19, in the text of regulation 32 (financial sanctions licences)—

After paragraph 20 insert—

“20A.

In regulation 33A (aircraft licences)—

(a)

the existing text becomes paragraph (1);

(b)

in that paragraph, for “Secretary of State” substitute “Governor”;

(c)

at the end insert—

“(2)

The Governor may issue a licence under paragraph (1) only with the consent of the Secretary of State.””

In paragraph 29, in regulation 43(8)(a) (trade: information powers)—

In paragraph 33(b)(ii)(bb) (regulation 46(2)(d)(ii) (disclosure of information)), for the words “after “regulation 27I(1) or (2) (import of potash and petroleum)”” to the end substitute “after regulation 21 (export of goods to, or for use in, Belarus) or 27I (import of goods originating from, or consigned from, Belarus)” insert “(as they have effect in the United Kingdom)””.

In paragraph 36, in regulation 48 (penalties for offences)—

In paragraph 59 (Schedule 3 (Treasury licences: purposes))—

(This note is not part of the Order)