Regulation 32 Amendment of the Libya (Sanctions) (EU Exit) Regulations 2020

(1)

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

(2)

After regulation 39 (circumventing etc. prohibitions), insert—

“Trade: end-use control

39A

(1)

This regulation applies where—

(a)

a United Kingdom person (“P”) has been informed by the Secretary of State that goods or any technology related to the export of the goods (or both) are or may be intended, in their entirety or in part, for export, transfer or use in Libya, or to a person connected with Libya, and

(b)

the goods or technology in question are subject to Part 5 (Trade) and are not for the time being specified in—

(i)

Schedule 2 to the Export Control Order 2008, or

(ii)

Annex 1 of the Dual-Use Regulation.

(2)

Subject to Part 8 (Exceptions and licences), P shall not—

(a)

export the goods in question, or

(b)

transfer the technology in question.”

(3)

In regulation 43ZB (finance: exceptions relating to payment of Treasury debt), in paragraph (1), in sub-paragraph (a), omit “by the Treasury”.

(4)

In regulation 57 (“relevant firm”), for “10,000 euros”, in each place it occurs, substitute “£10,000”.

(5)

Omit regulation 72 (trade offences in CEMA: modification of penalty).

(6)

In regulation 81 (notices)—

(a)

after paragraph (3) insert—

“(3A)

The notice may be given to the person by electronic means.”;

(b)

in paragraph (4) omit “, including by electronic means,”.

(7)

In Schedule 4 (Treasury licences: purposes)—

(a)

for paragraph 11 (prior obligations), substitute—

“Prior obligations

11

(1)

To enable, by the use of a designated person’s funds or economic resources, the satisfaction of an obligation of that designated person arising under a contract, provided that—

(a)

the obligation arose before the date on which that designated person became a designated person, and

(b)

no payments are made to another designated person, whether directly or indirectly.

(2)

The reference in paragraph (1) to “designated person’s funds or economic resources”—

(a)

means funds or economic resources owned, held or controlled by a designated person including, in particular, a reference to—

(i)

funds or economic resources in which the designated person has any legal or equitable interest, regardless of whether the interest is held jointly with any other person and regardless of whether any other person holds an interest in the funds or economic resources;

(ii)

any tangible property (other than real property), or bearer security, that is comprised in funds or economic resources and is in the possession of the designated person;

(b)

is limited to “relevant funds or economic resources” as defined in regulation 18(4) in relation to funds or economic resources owned, held or controlled by persons designated by reason of regulation 10(3).

(3)

In this paragraph “that designated person” means—

(a)

the designated person whose funds or economic resources are to be used (“U”), or

(b)

any other designated person that within the meaning of regulation 7—

(i)

U owns or controls directly or indirectly,

(ii)

U is owned or controlled directly or indirectly by, or

(iii)

is owned or controlled directly or indirectly by the same designated person that owns or controls directly or indirectly U.”;

(b)

for paragraph 12 (prior obligations), substitute—

“Prior obligations

12

To enable the satisfaction of an obligation of a designated person (whether arising under a contract, other agreement or otherwise), provided that—

(a)

the obligation arose before the date on which the person became a designated person, and

(b)

no payments are made to another designated person, whether directly or indirectly.”

Annotations

Footnotes

f1: S.I. 2020/1665; relevant amending instruments are S.I. 2022/819, S.I. 2024/1157 and S.I. 2025/712.