Explanatory note

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c.16) (“the 2018 Act”) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a) and (g) of that Act) arising from the withdrawal of the UK from the European Union.

These Regulations make amendments to legislation in the field of sanctions. In particular they amend three categories of retained EU law. Part 1 of these Regulations amends EU-derived domestic legislation, namely regulations made under section 2(2) of the European Communities Act 1972 (c.68) to implement and enforce asset-freeze regimes contained in EU Council Regulations. Part 2 of these Regulations amends certain provisions of the Sanctions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/26) that were made under the 2018 Act to address deficiencies in direct EU legislation that implements both arms embargo and financial sanctions measures, notably in respect of the following counties; Afghanistan, the Central African Republic, Somalia and Sudan.

Part 3 of these Regulations amends certain direct EU legislation, predominantly relating to financial sanctions measures, namely those parts of certain EU Council Regulations which will become retained EU law on exit day as a consequence of the 2018 Act. The amendments made by Parts 1 and 3 of these Regulations, when taken together, ensure that certain financial sanctions measures can continue to be implemented and enforced in the United Kingdom post-exit day in respect of the following countries; Afghanistan, Burundi, the Central African Republic, Egypt, the Republic of Guinea, Iraq, Lebanon and Syria (in relation to the 14 February 2005 terrorist bombing of Beirut), the Republic of Maldives, Mali, Somalia, Sudan, Tunisia, Ukraine and Yemen. Part 3 of these Regulations also amends the direct EU legislation relating to Syria to ensure that the prohibitions in relation to certain cultural property goods, as required by UN Security Council Resolution 2199 (2015), will continue to be implemented and enforced in the United Kingdom post-exit day.

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