The Zimbabwe (Financial Sanctions) (Suspension) Regulations 2013

Statutory Instruments

2013 No. 795

Criminal Law

The Zimbabwe (Financial Sanctions) (Suspension) Regulations 2013

Made

on 4th April 2013

Laid before Parliament

at 12.00 p.m. on 5th April 2013

Coming into force

at 3.00 p.m. on 5th April 2013

The Treasury are designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to restrictive measures against persons or bodies listed by an international organisation.

These Regulations make provision for a purpose mentioned in section 2(2) of that Act and it appears to the Treasury that it is expedient for any reference to an Annex to Council Regulation (EU) No. 298/2013 of 27 March 2013(3) amending Council Regulation (EC) No. 314/2004 concerning certain restrictive measures in respect of Zimbabwe to be construed as a reference to that Annex as amended from time to time.

The Treasury make the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972.

Citation and commencement

1.  These Regulations may be cited as the Zimbabwe (Financial Sanctions) (Suspension) Regulations 2013 and come into force at 3.00 p.m. on 5th April 2013.

Suspension of provisions in the Zimbabwe (Financial Sanctions) Regulations 2009

2.  Regulations 6 to 10 of the Zimbabwe (Financial Sanctions) Regulations 2009(4) have no effect in relation to any act undertaken or omitted at or after 3.00 p.m. on 5th April 2013 and before 20th February 2014 concerning those persons, entities or bodies listed in the Annex, as amended from time to time, to Council Regulation (EU) No. 298/2013.

Anne Milton

Desmond Swayne

Two of the Lords Commissioners of Her Majesty’s Treasury

4th April 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

Council Regulation (EC) No. 314/2004 (“the Council Regulation”) of 19 February 2004 concerning certain restrictive measures in respect of Zimbabwe (O.J. L 55, 24.2.2004, p.1) contains various sanctions measures imposed in respect of the Government of Zimbabwe and those connected with it. Those measures include financial sanctions which require the funds and economic resources of certain persons, entities and bodies, listed in Annex III of the Council Regulation, to be frozen. Regulations 6 to 10 of the Zimbabwe (Financial Sanctions) Regulations 2009 (“the 2009 Regulations”) provide for criminal penalties for breach of the freeze on funds and economic resources contained in the Council Regulation.

The freeze on funds and economic resources contained in the Council Regulation has been suspended in relation to certain persons, entities or bodies until 20th February 2014 by Council Regulation (EU) No. 298/2013 of 27 March 2013 (O.J. L 90, 28.3.2013, p.48) (“the 2013 Regulation”). The 2013 Regulation lists those against whom sanctions are suspended in an Annex. These Regulations accordingly suspend regulations 6 to 10 of the 2009 Regulations, insofar as they relate to those listed in the Annex to the 2013 Regulations, until 20th February 2014.

An impact assessment has not been produced for this instrument as no impact on the costs of business or the voluntary sector is foreseen. Further information is available from Financial Sanctions, HM Treasury, 1 Horse Guards Road, London SW1A 2HQ and on the HM Treasury website (www.hm-treasury.gov.uk).

(1)

S.I. 2010/1834.

(2)

1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by S.I. 2007/1388 and the European Union (Amendment) Act 2008, Schedule, Part 1.

(3)

O.J. L. 90, 27.3.2013, p.48

(4)

S.I. 2009/847, as amended by S.I. 2013/472.