The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2020

in paragraph (5)(b), for “Harmonized Commodity Description and Coding System” substitute “ Goods Classification Table ”;

for paragraph (6) substitute—

“(6)

For the purposes of the definition of “arms and related materiel” in paragraph (5)—

• “the Goods Classification Table” means the table so named in Annex I in Part Three of the Tariff of the United Kingdom;

• “the Tariff of the United Kingdom” means the document containing the legal classification and import rate for products being imported into the United Kingdom, entitled “The Tariff of the United Kingdom”, as revised or re-issued from time to time M2, including by any document published under regulations made under section 8(1) of the Taxation (Cross-border Trade) Act 2018 M3 replacing the same in whole or in part.”.

in the definition of “Regulation 2017/1509”, for “exit day” substitute “ IP completion day ”;

omit the definition of “technology”.

in paragraph (1), after “access to a port” insert “ in the United Kingdom ”;

in paragraph (2), for “any port” substitute “ a port in the United Kingdom ”.

in paragraph (2)(c), for “of a licence” substitute “ or a licence ”;

in paragraph (4), for “regulations” substitute “ regulation ”.

in sub-paragraph (a), omit the words “, except for the prohibitions in regulation 50(3) (acquisition or transfer of fishing rights)”;

in sub-paragraph (b), at the end insert “ , except for the prohibitions in regulation 50(3) (acquisition or transfer of fishing rights) ”.

for paragraph 1(c) substitute—

“(c)

a reference to a “CAS No” followed by a numerical sequence is a reference to the CAS Registry Numbers (CAS numbers) assigned to chemicals by the Chemical Abstracts Service, a division of the American Chemical Society. In some instances chemicals are listed by name and CAS number. The list applies to chemicals of the same structural formula (including hydrates) regardless of name or CAS number. CAS numbers are shown to assist in identifying a particular chemical or mixture, irrespective of nomenclature. CAS numbers cannot be used as unique identifiers because some forms of the listed chemical have different CAS numbers, and mixtures containing a listed chemical may also have different CAS numbers;”;

in paragraph 17, for “Chemical Abstract Number (CAS): [CAS 298-07-7]” substitute “ (CAS No 298-07-07) ”;

in paragraph 18, for “CAS: [7782-41-4]” substitute “ (CAS No 7782-41-4) ”;

in paragraph 30, for “[CAS No 126-73-8]” substitute “ (CAS No 126-73-8) ”;

in paragraph 73—

in paragraph 78—

in paragraph 81, for “exit day” substitute “ IP completion day ”.

in paragraph (3), for “In paragraphs (1) and (2)” substitute “ In this regulation ”;

in paragraph (6), for “In paragraphs (4) and (5)” substitute “ In this regulation ”.

for “.” substitute “ ; ”, and

insert—

“(e)

a prohibition imposed by a condition of a trade licence in relation to a prohibition mentioned in any of sub-paragraphs (a) to (d).”

omit “and”, and

insert—

“(aa)

is not an existing trade licence, and”.

in paragraph (1), in the definition of “frozen funds or economic resources”, for “regulation 11” substitute “ regulation 12 ”;

in paragraphs 2(2)(b)(ii) and (iii), for “payments”, in both places it occurs, substitute “ payment ”;

omit paragraph 7;

after paragraph 10 insert—

“Diplomatic missions

11

To enable anything to be done in order that the functions of a diplomatic mission or consular post in the Democratic Republic of the Congo or of an international organisation enjoying immunities in accordance with international law may be carried out.”

for “.” substitute “ ; ”, and

insert—

“(e)

a prohibition imposed by a condition of a trade licence in relation to a prohibition mentioned in any of sub-paragraphs (a) to (d).”

omit “and”, and

insert—

“(aa)

is not an existing trade licence, and”.

in paragraph (4)(b), for “Harmonized Commodity Description and Coding System” substitute “ Goods Classification Table ”;

for paragraph (5) substitute—

“(5)

For the purposes of the definition of “arms and related materiel” in paragraph (4)—

• “the Goods Classification Table” means the table so named in Annex I in Part Three of the Tariff of the United Kingdom;

• “the Tariff of the United Kingdom” means the document containing the legal classification and import rate for products being imported into the United Kingdom, entitled “The Tariff of the United Kingdom”, as revised or re-issued from time to time M2, including by any document published under regulations made under section 8(1) of the Taxation (Cross-border Trade) Act 2018 M3 replacing the same in whole or in part.”.

in the definition of “graphite and relevant metals”, for “exit day” substitute “ IP completion day ”;

in the definition of “other restricted goods”, for “exit day” substitute “ IP completion day ”;

in the definition of “other restricted technology”, for “exit day” substitute “ IP completion day ”;

omit the definition of “technology”.

before paragraph (1) insert—

“(A1)

Paragraph (B1) applies in relation to each licence or authorisation granted by the Secretary of State which—

(a)

was in effect immediately before the relevant date, and

(b)

authorises an act—

(i)

which would otherwise be prohibited by any provision of the Export Control Order 2008 except article 20 of that Order (embargoed destinations), or which requires an authorisation under or pursuant to the Dual-Use Regulation, and

(ii)

which would (on or after the relevant date, and in the absence of paragraph (B1)) be prohibited by Part 5 (Trade),

and such a licence or authorisation is referred to in this regulation as an “existing trade licence”.

(B1)

A licence is deemed to have been issued by the Secretary of State at the beginning of the relevant date under regulation 41 (trade licences)—

(a)

disapplying every provision of Part 5 which would, in the absence of this paragraph, prohibit any act authorised by the existing trade licence, and

(b)

otherwise in the same terms as the existing trade licence.”;

for paragraph (1) substitute—

“(1)

Paragraphs (2) to (4) apply to a licence or authorisation granted by the Secretary of State which—

(a)

was in effect immediately before the relevant date,

(b)

is not an existing trade licence, and

(c)

authorises an act—

(i)

which would otherwise be prohibited by either—

(aa)

the EU Iran Regulation, or

(bb)

the Iran (United Nations Sanctions) Order 2009 M4, and

(ii)

which would (on and after the relevant date, and in the absence of paragraphs (2) to (4)) be prohibited by Part 5 (Trade),

and such a licence or authorisation is referred to in this regulation as “an existing trade sanctions licence”.”

in paragraph (3), after “the Export Control (Iran Sanctions) Order 2016” insert “ , the Iran (United Nations Sanctions) Order 2009 ”.