The Iraq (Sanctions) (Overseas Territories) Order 2020

The Iraq (Sanctions) (EU Exit) Regulations 2020^f1 as amended from time to time extend to each British overseas territory listed in Schedule 1 with the modifications specified in Schedule 2.

Subject to the modification set out in paragraph (c), the following provisions of the Sanctions and Anti-Money Laundering Act 2018 extend to each British overseas territory listed in Schedule 1 for the purposes of the Iraq (Sanctions) (EU Exit) Regulations 2020 as modified and extended to the territories by this Order—

In regulation 1 (citation and commencement)—

In regulation 2 (interpretation)—

In regulation 3 (application of prohibitions and requirements outside the United Kingdom)—

In regulation 4 (purpose), for “the regulations contained in this instrument that are made under section 1 of the Act” substitute “these Regulations”.

At the end of Part 1 (General), insert—

“Functions of the Governor

4A.

(1)

In these Regulations, “the Governor” means, in relation to the Territory, the person holding or acting in the office of Governor of the Territory, or, if there is no such office, the officer for the time being administering the Territory.

(2)

The Governor may, to such extent and subject to such restrictions and conditions as the Governor thinks proper, delegate or authorise the delegation of any of the Governor’s powers under these Regulations to any person, or class or description of persons, and any references in these Regulations to the Governor are to be construed accordingly.

(3)

In the exercise of any power conferred on the Governor by these Regulations, the Governor is to act in their discretion.”

At the end of Part 2 (Designation of persons), insert—

“Requirement to publish a list of designated persons

5A.

(1)

The Governor must—

(a)

publish a list of designated persons, and

(b)

keep the list up to date.

(2)

The Governor may publish the list under paragraph (1) in any form the Governor considers appropriate, including by means of a website.

(3)

For the purposes of this regulation, “designated person” means—

(a)

a person who is a designated person for the purposes of regulation 8 (partial asset-freeze in relation to the former Government of Iraq and its state bodies, corporations or agencies) by reason of regulation 5(1), and

(b)

a person who is a designated person for the purposes of regulations 9 to 13 (asset-freeze etc. in relation to persons connected with the former Iraqi regime) by reason of regulation 5(2).”

In regulation 16 (interpretation of other expressions used in this Part)—

In regulation 17 (export of military goods), at the end insert—

“(3)

A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1) to show that the person did not know and had no reasonable cause to suspect that the export was to, or the goods were for use in, Iraq (as the case may be).”

In regulation 18 (supply and delivery of military goods), in paragraph (4) for “United Kingdom, the Isle of Man” substitute “Territory”.

In regulation 21 (brokering services: non-UK activity relating to military goods and military technology)—

In regulation 22 (export and import of illegally removed Iraqi cultural property), at the end insert—

“(4)

A person who contravenes a prohibition in paragraph (1) or (2) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1) or (2) to show that the person did not know and had no reasonable cause to suspect that the goods were illegally removed Iraqi cultural property.”

In regulation 23 (supply and delivery of illegally removed Iraqi cultural property), in paragraph (4) for “United Kingdom or the Isle of Man” substitute “Territory.”

In regulation 26 (brokering services: non-UK activity relating to illegally removed Iraqi cultural property)—

In regulation 30 (finance: exceptions from prohibitions)—

For regulation 33 (exception for authorised conduct in a relevant country) substitute—

“Exceptions for authorised conduct outside the Territory

33.

(1)

Where a person’s conduct outside the Territory would, in the absence of this paragraph, contravene a prohibition in any of regulations 8 to 13 (partial asset-freeze and asset-freeze etc.) or Chapter 2 of Part 4 (Trade), the prohibition is not contravened if the conduct is authorised by a licence issued under regulation 35 (Treasury licences) (as it has effect in the United Kingdom) or regulation 36 (trade licences) (as it has effect in the United Kingdom).

(2)

Where a person’s conduct in a relevant country would, in the absence of this paragraph, contravene a prohibition in any of regulations 8 to 13 or Chapter 2 of Part 4 (“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.

(3)

In this regulation—

• “relevant country” means—

  1. (a)

     any of the Channel Islands,

  2. (b)

     the Isle of Man, or

  3. (c)

     any British overseas territory other than the Territory.

(4)

Nothing in this regulation affects the application of a prohibition in a case where it would be incompatible with a UN obligation for the prohibition not to apply.”

For regulation 34 (exception for acts done for purposes of national security or prevention of serious crime), substitute—

“34.

(1)

Where an act would, in the absence of this paragraph, be prohibited by any prohibition in Part 3 (Finance) or Part 4 (Trade), that prohibition does not apply to the act if the act is one which—

(a)

a responsible officer has determined would be in the interests of—

(i)

national security, or

(ii)

the prevention or detection of serious crime in the United Kingdom or elsewhere, or

(b)

the Governor, with the consent of the Secretary of State, has determined would be in the interests of the prevention or detection of serious crime in the Territory.

(2)

Where, in the absence of this paragraph, a thing would be required to be done under or by virtue of a provision of Part 6 (Information and records) or Part 8 (Maritime enforcement), that requirement does not apply if—

(a)

a responsible officer has determined that not doing the thing in question would be in the interests of—

(i)

national security, or

(ii)

the prevention or detection of serious crime in the United Kingdom or elsewhere, or

(b)

the Governor, with the consent of the Secretary of State, has determined that not doing the thing in question would be in the interests of the prevention or detection of serious crime in the Territory.

(3)

In this regulation, “responsible officer” means a person in the service of the Crown or holding office under the Crown in the United Kingdom, acting in the course of that person’s duty.

(4)

Nothing in this regulation affects the application of a prohibition or requirement in a case where it would be incompatible with a UN obligation for the prohibition or requirement not to apply.”

For regulation 35 (Treasury licences), substitute—

“Financial sanctions licences

35.

(1)

The prohibitions in regulations 8 to 13 (partial asset-freeze and asset-freeze etc.) do not apply to anything done under the authority of a licence issued by the Governor under this paragraph.

(2)

The Governor may issue a financial sanctions licence only with the consent of the Secretary of State.

(3)

The Governor may issue a financial sanctions licence which authorises acts in relation to a designated person which would otherwise be prohibited by regulation 8 or 9 (partial asset-freeze and asset-freeze) only where the Governor considers that it is appropriate to issue the licence for the purpose set out in Part 2 of Schedule 2.

(4)

The Governor may issue a financial sanctions licence which authorises acts in relation to a designated person which would otherwise be prohibited by regulations 10 to 13 (making funds or economic resources available to, or for the benefit of, persons connected with the former Iraqi regime) only where the Governor considers that it is appropriate to issue the licence for a purpose set out in Part 3 of Schedule 2.”

In regulation 36 (trade licences)—

In regulation 37 (licences: general provisions)—

In regulation 38 (finance: licensing offences), for “Treasury licence”, in both places it occurs, substitute “financial sanctions licence”.

In regulation 40 (finance: reporting obligations)—

For regulation 41 (“relevant firm”) substitute—

“41.

(1)

The following are relevant firms for the purposes of regulation 40 (finance: reporting obligations)—

(a)

a relevant institution;

(b)

an undertaking that by way of business—

(i)

operates a currency exchange office,

(ii)

transmits money (or any representation of monetary value) by any means, or

(iii)

cashes cheques that are made payable to customers;

(c)

a firm or sole practitioner that provides to other persons, by way of business—

(i)

accountancy services,

(ii)

advice about tax affairs,

(iii)

auditing services,

(iv)

legal or notarial services, or

(v)

trust or company services;

(d)

a firm or sole practitioner that carries out, or whose employees carry out, estate agency work;

(e)

the holder of a licence to operate a casino in the Territory;

(f)

a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging—

(i)

articles made from gold, silver, platinum or palladium, or

(ii)

precious stones or pearls.

F1(g)

a cryptoasset exchange provider;

(h)

a custodian wallet provider;

(i)

a high value dealer;

(j)

an art market participant;

(k)

an insolvency practitioner;

(l)

a firm or sole practitioner (a “letting agent”) that carries out, or whose employees carry out, letting agency work.

(2)

For the purposes of paragraph (1), the following definitions apply—

• “estate agency work”, in relation to the Territory, is to be read in accordance with section 1 of the Estate Agents Act 1979^f1, but as if references in that section to disposing of or acquiring an interest in land included (despite anything in section 2 of that Act) references to disposing of or acquiring an estate or interest in land outside the Territory where that estate or interest is capable of being owned or held as a separate interest;

• “firm” means any entity that, whether or not a legal person, is not an individual, and includes a body corporate and a partnership or other unincorporated body;

• “relevant institution” has the same meaning as it has in regulation 30;

• “trust or company services” means any of the following services—

  1. (a)

     forming companies or other legal persons;

  2. (b)

     acting, or arranging for another person to act—

     1. (i)

        as a director or secretary of a company,

     2. (ii)

        as a partner of a partnership, or

     3. (iii)

        in a similar capacity in relation to other legal persons;

  3. (c)

     providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement;

  4. (d)

     acting, or arranging for another person to act, as—

     1. (i)

        a trustee of an express trust or similar legal arrangement, or

     2. (ii)

        a nominee shareholder for a person.

F2(2A)

In paragraph (1), a “cryptoasset exchange provider” means a firm or sole practitioner that by way of business provides one or more of the following services, including where the firm or sole practitioner does so as creator or issuer of any of the cryptoassets involved—

(a)

exchanging, or arranging or making arrangements with a view to the exchange of, cryptoassets for money or money for cryptoassets,

(b)

exchanging, or arranging or making arrangements with a view to the exchange of, one cryptoasset for another, or

(c)

operating a machine which utilises automated processes to exchange cryptoassets for money or money for cryptoassets.

(2B)

In paragraph (1), a “custodian wallet provider” means a firm or sole practitioner that by way of business provides services to safeguard, or to safeguard and administer—

(a)

cryptoassets on behalf of its customers, or

(b)

private cryptographic keys on behalf of its customers in order to hold, store and transfer cryptoassets.

(2C)

For the purposes of this regulation—

(a)

“cryptoasset” means a cryptographically secured digital representation of value or contractual rights that uses a form of distributed ledger technology and can be transferred, stored or traded electronically;

(b)

“money” means—

(i)

money in sterling,

(ii)

money in any other currency, or

(iii)

money in any other medium of exchange,

but does not include a cryptoasset;

(c)

in sub-paragraphs (a) to (c) of paragraph (2A), “cryptoasset” includes a right to, or interest in, the cryptoasset.

(2D)

In paragraph (1), a “high value dealer” means a firm or sole trader that by way of business trades in goods (including an auctioneer dealing in goods), when the firm or sole trader makes or receives, in respect of any transaction, a payment or payments in cash of at least 10,000 euros in total, whether the transaction is executed in a single operation or in several operations which appear to be linked.

(2E)

In paragraph (1), an “art market participant” means, subject to paragraph (2F), a firm or sole practitioner that by way of business trades in, or acts as an intermediary in the sale or purchase of, works of art and the value of the transaction, or a series of linked transactions, amounts to 10,000 euros or more.

(2F)

A firm or sole practitioner is not an art market participant for the purposes of paragraph (2E) in relation to the sale or storage of a work of art which is created by, or is attributable to, a member of the firm or the sole practitioner.

(2G)

For the purposes of this regulation, “work of art” means—

(a)

any mounted or unmounted painting, drawing, collage, decorative plaque or similar picture that was executed by hand, but does not include any technical drawing, map or plan;

(b)

any original engraving, lithograph or other print which—

(i)

was produced from one or more plates executed by hand by an individual who executed them without using any mechanical or photomechanical process, and

(ii)

either is the only one produced from the plate or plates or is comprised in a limited edition;

(c)

any original sculpture or statuary, in any material;

(d)

any sculpture cast which—

(i)

was produced by or under the supervision of the individual who made the mould or became entitled to it by succession on the death of that individual, and

(ii)

either is the only cast produced from the mould or is comprised in a limited edition;

(e)

any tapestry or other hanging which—

(i)

was made by hand from an original design, and

(ii)

either is the only one made from the design or is comprised in a limited edition;

(f)

any ceramic executed by an individual and signed by that individual;

(g)

any enamel on copper which—

(i)

was executed by hand,

(ii)

is signed either by the person who executed it or by someone on behalf of the studio where it was executed,

(iii)

either is the only one made from the design in question or is comprised in a limited edition, and

(iv)

is not comprised in an article of jewellery or an article of a kind produced by goldsmiths or silversmiths;

(h)

any mounted or unmounted photograph which—

(i)

was printed by or under the supervision of the photographer,

(ii)

is signed by the photographer, and

(iii)

either is the only print made from the exposure in question or is comprised in a limited edition.

(2H)

In paragraph (1), an “insolvency practitioner” means a person that administers insolvency proceedings, including by receiving or managing the money or other property of any person subject to any form of insolvency proceedings, in accordance with any law relating to insolvency which applies for the time being in the Territory.

(2I)

In paragraph (1), “letting agency work” means work—

(a)

consisting of things done in response to instructions received from—

(i)

a person (a “prospective landlord”) seeking to find another person to whom to let land for a term of a month or more, or

(ii)

a person (a “prospective tenant”) seeking to find land to rent for a term of a month or more, and

(b)

done—

(i)

in relation to a prospective landlord, from the point that the prospective landlord instructs a letting agent, or

(ii)

otherwise in the course of concluding an agreement for the letting of land for a term of a month or more.

(2J)

For the purposes of paragraph (2I)—

• “land” includes part of a building and part of any other structure;

• “letting agency work” does not include the things listed in paragraph (2K) when done by, or by employees of, a firm or sole practitioner if neither the firm nor sole practitioner, nor any of their employees, does anything else within paragraph (2I).

(2K)

Those things are—

(a)

publishing advertisements or disseminating information;

(b)

providing a means by which a prospective landlord or a prospective tenant can, in response to an advertisement or dissemination of information, make direct contact with a prospective tenant or a prospective landlord;

(c)

providing a means by which a prospective landlord and a prospective tenant can communicate directly with each other;

(d)

the provision of legal or notarial services by a barrister, advocate, solicitor or other legal representative communications with whom may be the subject of a claim to professional privilege.

(3)

For the purposes of regulation 40(1), information or another matter comes to a relevant firm “in the course of carrying on its business” if the information or other matter comes to the firm—

(a)

in the case of a relevant firm within paragraph (1)(a), in the course of carrying on an activity in respect of which permission under Part 4A of the Financial Services and Markets Act 2000 would be required if it had its registered office (or if it does not have one, its head office) in the United Kingdom, F3...

F4(aa)

in the case of a relevant firm within paragraph (1)(j)—

(i)

in the course of trading, or acting as an intermediary in the sale or purchase of, works of art when the value of the transaction, or a series of linked transactions, amounts to 10,000 euros or more, or

(ii)

in the course of storing works of art where the value of the works of art so stored for a person amounts to 10,000 euros or more, and

(b)

in the case of a relevant firm within any other provision of paragraph (1), in the course of carrying on an activity mentioned in that provision.”

In regulation 42 (finance: powers to request information)—

In regulation 43 (finance: production of documents)—

In regulation 44 (finance: information offences), in paragraph (1)(d), for “the Treasury” substitute “an authorised officer”.

For regulation 45 (trade: application of information powers in CEMA) substitute—

“Trade: information powers

45.

(1)

An authorised officer may request a person who is concerned (in whatever capacity) in a relevant activity to provide such information as the authorised officer may reasonably require about the relevant activity.

(2)

The authorised officer may specify the way in which, and the period within which, information is to be provided.

(3)

If no such period is specified, the information which has been requested must be provided within a reasonable time.

(4)

A request under paragraph (1) may include a request to produce specified documents or documents of a specified description.

(5)

Where the authorised officer requests that documents be produced, the authorised officer may—

(a)

take copies or extracts from any document so produced,

(b)

request any person producing a document to give an explanation of it,

(c)

where that person is a body corporate, partnership or unincorporated body other than a partnership, request any person who is—

(i)

in the case of a partnership, a present or past partner or employee of the partnership, or

(ii)

in any other case, a present or past officer or employee of the body concerned,

to give such an explanation, and

(d)

remove, at a reasonable time and for a reasonable period, any document so produced if the authorised officer considers it is necessary to do so.

(6)

Where a document has been removed by an authorised officer under paragraph (5)(d)—

(a)

the authorised officer must, on request, provide a receipt for the document;

(b)

if the document is reasonably required for the proper conduct of a business, the authorised officer must, as soon as practicable and free of charge, provide a copy of the document to the person who produced it.

(7)

Where a document requested to be produced under paragraph (4) is subject to a lien, the production or removal of the document in accordance with this regulation does not affect, and is not to be regarded as breaking, the lien.

(8)

For the purposes of paragraph (1), a “relevant activity” means an activity—

(a)

which would, unless done under the authority of a trade licence, constitute a contravention of any prohibition in Chapter 2 or 3 of Part 4 (Trade), or

(b)

which would constitute a contravention of the prohibition in regulation 28 (circumventing etc. prohibitions).”

After regulation 45 (trade: information powers) insert—

“Trade: information offences

45A.

(1)

A person commits an offence if that person—

(a)

without reasonable excuse, refuses or fails within the time and in the manner specified (or, if no time has been specified, within a reasonable time) to comply with any request under regulation 45 (trade: information powers);

(b)

knowingly or recklessly gives any information, or produces any document, which is false in a material particular in response to such a request;

(c)

with intent to evade any provision of regulation 45, destroys, mutilates, defaces, conceals or removes any document;

(d)

otherwise intentionally obstructs an authorised officer in the exercise of their powers under regulation 45.

(2)

Where a person is convicted of an offence under this regulation, the court may make an order requiring that person, within such period as may be specified in the order, to comply with the request.”

In regulation 46(4) (general trade licences: records), for “Secretary of State” substitute “Governor”.

In regulation 47 (general trade licences: inspection of records)—

In regulation 48 (disclosure of information)—

For regulation 48A (finance: disclosure to the Treasury) substitute—

“Finance: disclosure to the Governor

48A

(1)

A relevant public authority may disclose information to the Governor or an authorised officer if the disclosure is made for the purpose of enabling or assisting the Governor or the authorised officer to discharge any of their functions in connection with any sanctions regulations contained in these Regulations.

(2)

In this regulation, “relevant public authority” means—

(a)

any person holding or acting in any office under or in the service of—

(i)

the Crown in right of the Government of the United Kingdom;

(ii)

the Crown in right of the Government of the Territory, or

(b)

any other person exercising functions of a public nature.”.

In regulation 49 (Part 6: supplementary)—

In Part 7 (Enforcement), at the beginning insert—

“Suspected ships, aircraft or vehicles

49A.

(1)

Where an authorised officer has reasonable cause to suspect that a ship, aircraft or vehicle has been, or is being, or is about to be, used in the commission of an offence under Part 4 (Trade) or regulation 39(2) (trade: licensing offences), the authorised officer may—

(a)

in relation to an aircraft or vehicle, require the relevant person to keep the aircraft or vehicle and any goods it is carrying in the Territory, until the authorised officer notifies the relevant person that the aircraft or vehicle (as the case may be) may depart, or

(b)

in relation to a ship, require the relevant person—

(i)

not to cause or permit the ship to proceed with the voyage on which it is engaged or about to engage, until the authorised officer notifies the relevant person that the ship may proceed;

(ii)

not to land any part of the ship’s cargo at any port specified by the authorised officer, except with the authorised officer’s prior consent;

(iii)

if the ship is in port in the Territory, to cause the ship to remain there until the authorised officer notifies the relevant person that the ship may depart;

(iv)

if the ship is in any other place, to cause it to proceed to a port specified by the authorised officer and keep it there, until the authorised officer notifies the relevant person that the ship may depart.

(2)

Where the authorised officer considers it necessary in order to secure compliance with a requirement made under paragraph (1), the authorised officer may detain the ship, aircraft or vehicle and any goods it is carrying.

(3)

Where an authorised officer detains a ship, aircraft or vehicle and any goods it is carrying in accordance with paragraph (2), the authorised officer must deliver to the master of the ship, the aircraft operator or the owner of the vehicle (as the case may be) a detention direction.

(4)

A detention direction under paragraph (3) must—

(a)

be in writing,

(b)

state the grounds on which the ship, aircraft or vehicle is detained, and

(c)

state that—

(i)

the power to detain is exercised under this regulation, and

(ii)

any requirements subject to which the detention is carried out must be complied with.

(5)

Paragraph (6) applies, in relation to a ship or aircraft, if—

(a)

the ship or aircraft (as the case may be) is not a Territory ship or Territory aircraft, and

(b)

there is in the Territory a consular officer for the country to which the ship or aircraft belongs.

(6)

A copy of the detention direction must be sent as soon as practicable to the nearest consular officer for the country to which the ship or aircraft belongs.

(7)

An authorised officer may use reasonable force, if necessary, in the exercise of any power conferred by this regulation.

(8)

An authorised officer must, if requested to do so, produce evidence of their authority before exercising any power conferred by this regulation.

(9)

Nothing in this regulation affects any other provision of law conferring powers, imposing restrictions or enabling restrictions to be imposed in respect of ships, aircraft or vehicles.

(10)

In this regulation—

• “consular officer”, in relation to a foreign country, means the officer recognised by Her Majesty as a consular officer of that foreign country in the Territory;

• “the relevant person” means any of the following—

  1. (a)

     in relation to a ship, the owner, master or charterer of the ship;

  2. (b)

     in relation to an aircraft, the owner, charterer, operator or commander of the aircraft;

  3. (c)

     in relation to a vehicle, the owner, driver or operator of the vehicle.

Search warrants

49B.

(1)

A magistrate or justice of the peace may issue a search warrant if satisfied by information on oath that—

(a)

there is reasonable cause to suspect that a relevant offence under these Regulations has been, or is being, or is about to be, committed, and

(b)

evidence in relation to the offence is to be found on a ship, aircraft, vehicle or premises specified in the information.

(2)

A search warrant issued under this regulation is a warrant empowering an authorised officer to enter and search the ship, aircraft, vehicle or premises specified in the information, at any time within one month from the date of the warrant.

(3)

The powers conferred on an authorised officer by a search warrant under this regulation include powers to—

(a)

in the case of a power to enter a ship, aircraft or vehicle, stop that ship, aircraft or vehicle;

(b)

enter any land, where such entry appears to the authorised officer to be necessary in order to enter the ship, aircraft, vehicle or premises specified in the information;

(c)

take such other persons and such equipment on to the ship, aircraft, vehicle or premises as appear to the authorised officer to be necessary;

(d)

inspect and seize any thing found in the course of a search if the authorised officer has reasonable cause to suspect that—

(i)

it is evidence in relation to a relevant offence under these Regulations, or

(ii)

it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed;

(e)

take copies of any document.

(4)

An authorised officer who enters a ship, aircraft, vehicle or premises under a search warrant issued under this regulation may—

(a)

search any person found on the ship, aircraft, vehicle or premises whom the officer has reasonable cause to suspect to be in possession of any thing which may be required as evidence for the purposes of proceedings in respect of a relevant offence under these Regulations, and

(b)

seize any such thing found in such a search.

(5)

Any thing seized under paragraph (3)(d) or (4)(b)—

(a)

may be retained for so long as is necessary in all the circumstances,

(b)

where that thing is military goods and is not authorised by a trade licence, may be forfeited, disposed of or transferred as appropriate, and

(c)

where that thing is illegally removed Iraqi cultural property and the exception in regulation 32 (trade: exception for the return of Iraqi cultural property) does not apply, may be forfeited or transferred as appropriate.

(6)

A search of a person under paragraph (4)(a) must be carried out by a person of the same sex.

(7)

An authorised officer may use reasonable force, if necessary, in the exercise of any power conferred by this regulation.

(8)

An authorised officer must, if requested to do so, produce evidence of their authority before exercising any power conferred by this regulation.

(9)

Nothing in this regulation affects any other provision of law conferring powers, imposing restrictions or enabling restrictions to be imposed in respect of ships, aircraft or vehicles.

(10)

For the purposes of this regulation—

• “illegally removed Iraqi cultural property” has the meaning given in regulation 15 (definitions relating to goods and technology prohibited under this Part);

• “information on oath” includes any other form of application for a search warrant applicable in the Territory;

• “justice of the peace” includes other competent judicial authorities within the Territory responsible for issuing search warrants;

• “military goods” has the meaning given in regulation 15;

• “relevant offence” means an offence which is punishable with a term of imprisonment of more than 6 months.”

For regulation 50 (penalties for offences) substitute—

“50.

(1)

Paragraphs (3) to (7) apply to—

(a)

Anguilla;

(b)

British Antarctic Territory;

(c)

British Indian Ocean Territory;

(d)

Cayman Islands;

(e)

Montserrat;

(f)

Pitcairn, Henderson, Ducie and Oeno Islands;

(g)

Turks and Caicos Islands;

(h)

Virgin Islands.

(2)

Paragraphs (8) to (12) apply to—

(a)

Falkland Islands;

(b)

St Helena, Ascension and Tristan da Cunha;

(c)

South Georgia and the South Sandwich Islands;

(d)

the Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus.

(3)

A person who commits an offence under any provision of Part 3 (Finance) or regulation 38 (finance: licensing offences) is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding £5,000 or its equivalent in the currency of the Territory, or both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding 7 years, or a fine, or both.

(4)

A person who commits an offence under any provision of Part 4 (Trade) is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding £5,000 or its equivalent in the currency of the Territory, or both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding 10 years, or a fine, or both.

(5)

A person who commits an offence under regulation 39, 46(6) or 47(5) (offences in connection with trade licences) is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding £5,000 or its equivalent in the currency of the Territory, or both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.

(6)

A person who commits an offence under regulation 40(6) or 44 (information offences in connection with Part 3) is liable, on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding £5,000 or its equivalent in the currency of the Territory, or both.

(7)

A person who commits an offence under regulation 45A (trade: information offences) is liable, on summary conviction, to a fine not exceeding £1,000 or its equivalent in the currency of the Territory.

(8)

A person who commits an offence under any provision of Part 3 (Finance) or regulation 38 (finance: licensing offences) is liable on conviction to imprisonment for a term not exceeding 7 years, or a fine, or both.

(9)

A person who commits an offence under any provision of Part 4 (Trade) is liable on conviction to imprisonment for a term not exceeding 10 years, or a fine, or both.

(10)

A person who commits an offence under regulation 39, 46(6) or 47(5) (offences in connection with trade licences) is liable on conviction to imprisonment for a term not exceeding 2 years, or a fine, or both.

(11)

A person who commits an offence under regulation 40(6) or 44 (information offences in connection with Part 3) is liable on conviction to imprisonment for a term not exceeding 6 months, or a fine not exceeding £5,000 or its equivalent in the currency of the Territory, or both.

(12)

A person who commits an offence under regulation 45A (trade: information offences) is liable on conviction to a fine not exceeding £1,000 or its equivalent in the currency of the Territory.

(13)

Where a fine in this regulation is expressed to be a sum in sterling or its equivalent in the currency of the Territory, the Governor may issue guidance specifying how to calculate the amount in the currency of the Territory which is to be considered equivalent to that sum in sterling.”

In regulation 51 (liability of officers of bodies corporate etc.), omit paragraph (4).

In regulation 52 (jurisdiction to try offences)—

After regulation 52 (jurisdiction to try offences), insert—

“Consent to prosecutions

52A.

(1)

Proceedings for an offence under these Regulations must not be instituted in the Territory except with the consent of the principal public officer of the Territory responsible for criminal prosecutions.

(2)

Nothing in paragraph (1) prevents—

(a)

the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of an offence under these Regulations, or

(b)

the remand in custody or on bail of any person charged with such an offence.”

For regulation 53 (procedure for offences by unincorporated bodies) substitute—

“53.

Any provision in an enactment which applies in the Territory in relation to criminal proceedings brought against a body corporate, applies also for the purposes of proceedings in the Territory for an offence under these Regulations brought against an unincorporated body.”

In regulation 54 (time limit for proceedings for summary offences), omit paragraph (4).

Omit regulation 55 (trade enforcement: application of CEMA) (including the heading).

Omit regulation 56 (trade offences in CEMA: modification of penalty) (including the heading).

Omit regulation 57 (application of Chapter 1 of Part 2 of the Serious Organised Crime and Police Act 2005^f1) (including the heading).

Omit regulation 58 (monetary penalties) (including the heading).

In regulation 59 (exercise of maritime enforcement powers)—

In regulation 60 (maritime enforcement officers)—

In regulation 61(2)(c) (power to stop, board, search etc.), for “United Kingdom” substitute “Territory”.

Omit regulation 63 (restrictions on exercise of maritime enforcement powers) (including the heading).

In regulation 65 (notices), for “United Kingdom”, in each place it occurs, substitute “Territory”.

Omit regulation 66 (article 20 of the Export Control Order 2008) (including the heading).

Omit regulation 67 (trade: overlapping offences) (including the heading).

Omit regulation 68 (revocations) (including the heading).

Omit regulation 69 (amendment to the United Nations and European Union Financial Sanctions (Linking) Regulations 2017) (including the heading).

In regulation 70 (transitional provision: Treasury licences)—

For regulation 71 (transitional provision: trade licences) substitute—

“71.

(1)

Paragraphs (2) and (3) apply to a licence which—

(a)

was granted by the Governor under article 10 of the 2015 Order,

(b)

was in effect immediately before the relevant date, and

(c)

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

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

(2)

An existing trade sanctions licence has effect on and after the relevant date as if it were a licence which had been issued by the Governor under regulation 36 (trade licences).

(3)

Any reference in an existing trade sanctions licence to a prohibition in the 2015 Order is to be treated on and after the relevant date as a reference to the corresponding prohibition in Part 4.

(4)

In this regulation—

• “the 2015 Order” has the meaning it has in regulation 70 (transitional provision: financial sanctions licences);

• “the relevant date” means the date on which Part 4 comes into force.”

For regulation 72 (transitional provision: pending applications for trade licences) substitute—

“72.

(1)

Paragraph (2) applies where—

(a)

an application was made before the relevant date for a licence under the 2015 Order,

(b)

the application is for authorisation of an act prohibited by Part 4 (Trade), and

(c)

a decision to grant or refuse the application has not been made before the relevant date.

(2)

The application is to be treated on and after the relevant date as an application for a licence under regulation 36 (trade licences).

(3)

In this regulation—

• “the 2015 Order” has the meaning it has in regulation 70 (transitional provision: financial sanctions licences);

• “the relevant date” means the date on which Part 4 comes into force.”

In paragraph (4) of regulation 72 (transitional provisions: prior obligations), for the definition of “relevant date” substitute—

• ““the relevant date” means the date on which Part 3 comes into force.”

In Schedule 2 (Treasury licences: purposes)—

(This note is not part of the Order)