The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 4) Regulations 2020
S.I. 2020/951 · Made 3 September 2020 · Extends to United Kingdom
Exiting The European Union
Sanctions
Made 3rd September 2020
Laid before Parliament 8th September 2020
Coming into force in accordance with regulation 1(2)
The Secretary of State M1, in exercise of the powers conferred by sections 1 and 45 of the Sanctions and Anti-Money Laundering Act 2018 M2, considers that the requirements of section 45(2) of the Act are satisfied and, having decided upon consideration of the matters set out in section 56(1) of the Act that it is appropriate to do so, makes the following Regulations:
Annotations to the whole text
Marginal citations
- M1
The power to make regulations under Part 1 of the Sanctions and Anti-Money Laundering Act 2018 (c.13) is conferred on an appropriate Minister. Section 1(9)(a) of the Act defines an “appropriate Minister” as including the Secretary of State.
- M2
Contents
- 1Citation and commencement
- 2Amendment of the Iran (Sanctions) (Human Rights) (EU Exit) Regulations 2019
- 3Amendment of the Venezuela (Sanctions) (EU Exit) Regulations 2019
- 4Amendment of the Burma (Sanctions) (EU Exit) Regulations 2019
- 5Amendment of the Republic of Guinea-Bissau (Sanctions) (EU Exit) Regulations 2019
- 6Amendment of the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019
- 7Amendment of the Zimbabwe (Sanctions) (EU Exit) Regulations 2019
- 8Amendment of the Chemical Weapons (Sanctions) (EU Exit) Regulations 2019
- 9Amendment of the Syria (Sanctions) (EU Exit) Regulations 2019
- 10Amendment of the Russia (Sanctions) (EU Exit) Regulations 2019
- 11Amendment of the Burundi (Sanctions) (EU Exit) Regulations 2019
- 12Amendment of the Guinea (Sanctions) (EU Exit) Regulations 2019
- 13Amendment of the Cyber (Sanctions) (EU Exit) Regulations 2020
- 14Amendment of the Bosnia and Herzegovina (Sanctions) (EU Exit) Regulations 2020
- 15Amendment of the Nicaragua (Sanctions) (EU Exit) Regulations 2020
- Signature
- Explanatory note
1Citation and commencementI1I2
These Regulations may be cited as the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 4) Regulations 2020.
These Regulations come into force in accordance with regulations made by the Secretary of State under section 56 of the Sanctions and Anti-Money Laundering Act 2018.
2Amendment of the Iran (Sanctions) (Human Rights) (EU Exit) Regulations 2019I1I2
The Iran (Sanctions) (Human Rights) (EU Exit) Regulations 2019 M1 are amended as follows.
After regulation 33, insert—
“Exception for authorised conduct in a relevant country
33A(1)Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in any of regulations 11 to 15 (asset-freeze etc.) or Chapters 2 and 3 of Part 5 (Trade) (“the relevant prohibition”), the relevant prohibition is not contravened if the conduct is authorised by a licence or other authorisation which is issued—
(a)under the law of the relevant country, and
(b)for the purpose of disapplying a prohibition in that jurisdiction which corresponds to the relevant prohibition.
(2)In this regulation—
“relevant country” means—
- (a)
any of the Channel Islands,
- (b)
the Isle of Man, or
- (c)
any British overseas territory.”
3Amendment of the Venezuela (Sanctions) (EU Exit) Regulations 2019I1I2
The Venezuela (Sanctions) (EU Exit) Regulations 2019 M1 are amended as follows.
After regulation 33, insert—
“Exception for authorised conduct in a relevant country
33A(1)Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in any of regulations 11 to 15 (asset-freeze etc.) or Chapters 2 to 4 of Part 5 (Trade) (“the relevant prohibition”), the relevant prohibition is not contravened if the conduct is authorised by a licence or other authorisation which is issued—
(a)under the law of the relevant country, and
(b)for the purpose of disapplying a prohibition in that jurisdiction which corresponds to the relevant prohibition.
(2)In this regulation—
“relevant country” means—
- (a)
any of the Channel Islands,
- (b)
the Isle of Man, or
- (c)
any British overseas territory.”
4Amendment of the Burma (Sanctions) (EU Exit) Regulations 2019I1I2
The Burma (Sanctions) (EU Exit) Regulations 2019 M1 are amended as follows.
After regulation 33, insert—
“Exception for authorised conduct in a relevant country
33A(1)Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in any of regulations 11 to 15 (asset-freeze etc.) or Chapters 2 to 4 of Part 5 (Trade) (“the relevant prohibition”), the relevant prohibition is not contravened if the conduct is authorised by a licence or other authorisation which is issued—
(a)under the law of the relevant country, and
(b)for the purpose of disapplying a prohibition in that jurisdiction which corresponds to the relevant prohibition.
(2)In this regulation—
“relevant country” means—
- (a)
any of the Channel Islands,
- (b)
the Isle of Man, or
- (c)
any British overseas territory.”
5Amendment of the Republic of Guinea-Bissau (Sanctions) (EU Exit) Regulations 2019I1I2
The Republic of Guinea-Bissau (Sanctions) (EU Exit) Regulations 2019 M1 are amended as follows.
After regulation 18 insert—
“Finance: exception for authorised conduct in a relevant country
18A(1)Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in any of regulations 11 to 15 (asset-freeze etc.) (“the relevant prohibition”), the relevant prohibition is not contravened if the conduct is authorised by a licence or other authorisation which is issued—
(a)under the law of the relevant country, and
(b)for the purpose of disapplying a prohibition in that jurisdiction which corresponds to the relevant prohibition.
(2)In this regulation—
“relevant country” means—
- (a)
any of the Channel Islands,
- (b)
the Isle of Man, or
- (c)
any British overseas territory.”
6Amendment of the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019I1I2
The Republic of Belarus (Sanctions) (EU Exit) Regulations 2019 M1 are amended as follows.
After regulation 30, insert—
“Exception for authorised conduct in a relevant country
30A(1)Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in any of regulations 11 to 15 (asset-freeze etc.) or Chapter 2 of Part 5 (Trade) (“the relevant prohibition”), the relevant prohibition is not contravened if the conduct is authorised by a licence or other authorisation which is issued—
(a)under the law of the relevant country, and
(b)for the purpose of disapplying a prohibition in that jurisdiction which corresponds to the relevant prohibition.
(2)In this regulation—
“relevant country” means—
- (a)
any of the Channel Islands,
- (b)
the Isle of Man, or
- (c)
any British overseas territory.”
7Amendment of the Zimbabwe (Sanctions) (EU Exit) Regulations 2019I1I2
The Zimbabwe (Sanctions) (EU Exit) Regulations 2019 M1 are amended as follows.
After regulation 31, insert—
“Exception for authorised conduct in a relevant country
31A(1)Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in any of regulations 11 to 15 (asset-freeze etc.) or Chapters 2 and 3 of Part 5 (Trade) (“the relevant prohibition”), the relevant prohibition is not contravened if the conduct is authorised by a licence or other authorisation which is issued—
(a)under the law of the relevant country, and
(b)for the purpose of disapplying a prohibition in that jurisdiction which corresponds to the relevant prohibition.
(2)In this regulation—
“relevant country” means—
- (a)
any of the Channel Islands,
- (b)
the Isle of Man, or
- (c)
any British overseas territory.”
8Amendment of the Chemical Weapons (Sanctions) (EU Exit) Regulations 2019I1I2
The Chemical Weapons (Sanctions) (EU Exit) Regulations 2019 M1 are amended as follows.
After regulation 18 insert—
“Finance: exception for authorised conduct in a relevant country
18A(1)Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in any of regulations 11 to 15 (asset-freeze etc.) (“the relevant prohibition”), the relevant prohibition is not contravened if the conduct is authorised by a licence or other authorisation which is issued—
(a)under the law of the relevant country, and
(b)for the purpose of disapplying a prohibition in that jurisdiction which corresponds to the relevant prohibition.
(2)In this regulation—
“relevant country” means—
- (a)
any of the Channel Islands,
- (b)
the Isle of Man, or
- (c)
any British overseas territory.”
9Amendment of the Syria (Sanctions) (EU Exit) Regulations 2019I1I2
The Syria (Sanctions) (EU Exit) Regulations 2019 M1 are amended as follows.
After regulation 59, insert—
“Exception for authorised conduct in a relevant country
59A(1)Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a relevant prohibition, the relevant prohibition is not contravened if the conduct is authorised by a licence or other authorisation which is issued—
(a)under the law of the relevant country, and
(b)for the purpose of disapplying a prohibition in that jurisdiction which corresponds to the relevant prohibition.
(2)In this regulation—
“relevant country” means—
- (a)
any of the Channel Islands,
- (b)
the Isle of Man, or
- (c)
any British overseas territory;
“relevant prohibition” means a prohibition in—
- (a)
any of regulations 11 to 15 (asset-freeze etc.),
- (b)
regulation 16 (UK credit or financial institutions),
- (c)
regulation 21 (investments in relation to crude oil and electricity production),
- (d)
Chapters 2 to 5 of Part 5 (Trade), or
- (e)
regulation 51(1) (movement of aircraft).”
10Amendment of the Russia (Sanctions) (EU Exit) Regulations 2019I1I2
The Russia (Sanctions) (EU Exit) Regulations 2019 M1 are amended as follows.
After regulation 62, insert—
“Exception for authorised conduct in a relevant country
62A(1)Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in any of regulations 11 to 15 (asset-freeze etc.) and 18 (investments in relation to Crimea) or Chapters 2 to 6 of Part 5 (Trade) (“the relevant prohibition”), the relevant prohibition is not contravened if the conduct is authorised by a licence or other authorisation which is issued—
(a)under the law of the relevant country, and
(b)for the purpose of disapplying a prohibition in that jurisdiction which corresponds to the relevant prohibition.
(2)In this regulation—
“relevant country” means—
- (a)
any of the Channel Islands,
- (b)
the Isle of Man, or
- (c)
any British overseas territory.”
11Amendment of the Burundi (Sanctions) (EU Exit) Regulations 2019I1I2
The Burundi (Sanctions) (EU Exit) Regulations 2019 M1 are amended as follows.
After regulation 18 insert—
“Finance: exception for authorised conduct in a relevant country
18A(1)Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in any of regulations 11 to 15 (asset-freeze etc.) (“the relevant prohibition”), the relevant prohibition is not contravened if the conduct is authorised by a licence or other authorisation which is issued—
(a)under the law of the relevant country, and
(b)for the purpose of disapplying a prohibition in that jurisdiction which corresponds to the relevant prohibition.
(2)In this regulation—
“relevant country” means—
- (a)
any of the Channel Islands,
- (b)
the Isle of Man, or
- (c)
any British overseas territory.”
12Amendment of the Guinea (Sanctions) (EU Exit) Regulations 2019I1I2
The Guinea (Sanctions) (EU Exit) Regulations 2019 M1 are amended as follows.
After regulation 18 insert—
“Finance: exception for authorised conduct in a relevant country
18A(1)Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in any of regulations 11 to 15 (asset-freeze etc.) (“the relevant prohibition”), the relevant prohibition is not contravened if the conduct is authorised by a licence or other authorisation which is issued—
(a)under the law of the relevant country, and
(b)for the purpose of disapplying a prohibition in that jurisdiction which corresponds to the relevant prohibition.
(2)In this regulation—
“relevant country” means—
- (a)
any of the Channel Islands,
- (b)
the Isle of Man, or
- (c)
any British overseas territory.”
13Amendment of the Cyber (Sanctions) (EU Exit) Regulations 2020I1I2
The Cyber (Sanctions) (EU Exit) Regulations 2020 M1 are amended as follows.
After regulation 18 insert—
“Finance: exception for authorised conduct in a relevant country
18A(1)Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in any of regulations 11 to 15 (asset-freeze etc.) (“the relevant prohibition”), the relevant prohibition is not contravened if the conduct is authorised by a licence or other authorisation which is issued—
(a)under the law of the relevant country, and
(b)for the purpose of disapplying a prohibition in that jurisdiction which corresponds to the relevant prohibition.
(2)In this regulation—
“relevant country” means—
- (a)
any of the Channel Islands,
- (b)
the Isle of Man, or
- (c)
any British overseas territory.”
14Amendment of the Bosnia and Herzegovina (Sanctions) (EU Exit) Regulations 2020I1I2
The Bosnia and Herzegovina (Sanctions) (EU Exit) Regulations 2020 M1 are amended as follows.
After regulation 18 insert—
“Finance: exception for authorised conduct in a relevant country
18A(1)Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in any of regulations 11 to 15 (asset-freeze etc.) (“the relevant prohibition”), the relevant prohibition is not contravened if the conduct is authorised by a licence or other authorisation which is issued—
(a)under the law of the relevant country, and
(b)for the purpose of disapplying a prohibition in that jurisdiction which corresponds to the relevant prohibition.
(2)In this regulation—
“relevant country” means—
- (a)
any of the Channel Islands,
- (b)
the Isle of Man, or
- (c)
any British overseas territory.”
15Amendment of the Nicaragua (Sanctions) (EU Exit) Regulations 2020I1I2
The Nicaragua (Sanctions) (EU Exit) Regulations 2020 M1 are amended as follows.
After regulation 18 insert—
“Finance: exception for authorised conduct in a relevant country
18A(1)Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in any of regulations 11 to 15 (asset-freeze etc.) (“the relevant prohibition”), the relevant prohibition is not contravened if the conduct is authorised by a licence or other authorisation which is issued—
(a)under the law of the relevant country, and
(b)for the purpose of disapplying a prohibition in that jurisdiction which corresponds to the relevant prohibition.
(2)In this regulation—
“relevant country” means—
- (a)
any of the Channel Islands,
- (b)
the Isle of Man, or
- (c)
any British overseas territory.”
Signature
Ahmad
Minister of State
Foreign, Commonwealth and Development Office
Explanatory note
(This note is not part of the Regulations)
These Regulations are made under the Sanctions and Anti-Money Laundering Act 2018 (c.13) (“the Sanctions Act”).
The Regulations make amendments to a number of sanctions regulations which have been made under section 1 of the Sanctions Act, namely the Iran (Sanctions) (Human Rights) (EU Exit) Regulations 2019 (S.I. 2019/134), the Venezuela (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/135), the Burma (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/136), the Republic of Guinea-Bissau (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/554), the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/600), the Zimbabwe (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/604), the Chemical Weapons (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/618), the Syria (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/792), the Russia (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/855), the Burundi (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/1142), the Guinea (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/1145), the Cyber (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/597); the Bosnia and Herzegovina (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/608) and the Nicaragua (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/610).
The amendments made by this instrument are to introduce a new exception into these regimes to provide that a prohibition or requirement is not contravened if conduct is authorised by a licence or other authorisation issued under the law as it applies in a British Overseas Territory or Crown Dependency
An impact assessment has not been produced for these Regulations, as the instrument is intended to ensure existing sanctions remain in place following the United Kingdom's withdrawal from the European Union. An impact assessment was, however, produced for the Sanctions and Anti-Money Laundering Act 2018 and can be found at:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/653271/Sanctions_and_Anti-Money_Laundering_Bill_Impact_Assessment_18102017.pdf.