Regulation 14 Amendment of the Afghanistan (Sanctions) (EU Exit) Regulations 2020

The Afghanistan (Sanctions) (EU Exit) Regulations 2020^f1 are amended as follows.

After regulation 44(3) (trade enforcement: application of CEMA) insert—

“(3A)

The Commissioners may not investigate the suspected commission of a relevant offence listed in paragraphs (3B) or (3C) unless the suspected offence has been the subject of—

(a)

a referral to the Commissioners by the Secretary of State, or

(b)

a decision by the Commissioners to treat the suspected offence as if it had been referred to them under sub-paragraph (a).

(3B)

Paragraph (3A) applies to the suspected commission of an offence under regulation 22(3) (enabling or facilitating the conduct of armed hostilities).

(3C)

Paragraph (3A) also applies to the suspected commission of a relevant offence under regulation 23(2) (circumventing etc. prohibitions), insofar as the prohibited activity to which the suspected offence relates is the circumvention of, or enabling or facilitation of a contravention of, a prohibition in relation to an offence specified in paragraph (3B).”.