Regulation 101 Transitional provision: trade licencesI1

United Kingdom

(1)

Paragraph (2) applies in relation to each licence or authorisation granted by the Secretary of State which—

(a)

was in effect immediately before F1IP completion day, 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 and after IP completion day, and in the absence of paragraph (2)) be prohibited by Part 5 (Trade),

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

(2)

A licence is deemed to have been issued by the Secretary of State on IP completion day under regulation 62 (trade licences)—

(a)

disapplying every provision of Part 5 (Trade) 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.

(3)

Paragraphs (4) to (6) apply to a licence or authorisation granted by the Secretary of State which—

(a)

was in effect immediately before IP completion day, F2...

F3(aa)

is not an existing trade licence, and

(b)

authorises an act—

(i)

which would otherwise be prohibited by the EU Syria Regulation, and

(ii)

which would (on and after IP completion day, and in the absence of paragraphs (4) to (6)) be prohibited by Part 5 (Trade),

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

(4)

An existing trade sanctions licence has effect on and after IP completion day as if it were a licence which had been issued by the Secretary of State under regulation 62 (trade licences).

(5)

Any reference in an existing trade sanctions licence to a provision of the Export Control Order 2008 is to be treated on and after IP completion day as a reference to the corresponding provision of these Regulations (if any).

(6)

Any reference in an existing trade sanctions licence to a prohibition in the EU Syria Regulation is to be treated on and after IP completion day as a reference to the corresponding prohibition in Part 5 (Trade).

Annotations

Textual amendments

F1: Words in reg. 101 substituted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 9(13)(a); S.I. 2020/1514, reg. 4
F2: Word in reg. 101(3) omitted (31.12.2020 immediately after IP completion day) by virtue of The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 9(13)(b)(i); S.I. 2020/1514, reg. 4
F3: Reg. 101(3)(aa) inserted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 9(13)(b)(ii); S.I. 2020/1514, reg. 4

Commencement

I1: Reg. 101 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)