The Trade, Aircraft and Shipping Sanctions (Civil Enforcement) Regulations 2024

Part 1 U.K. General

Citation, commencement and extent U.K.

1.—(1) These Regulations may be cited as the Trade, Aircraft and Shipping Sanctions (Civil Enforcement) Regulations 2024.

(2) These Regulations come into force on 10th October 2024.

(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Commencement Information

I1 Reg. 1 in force at 10.10.2024, see reg. 1(2)

Interpretation U.K.

2.  In these Regulations—

“the Act” means the Sanctions and Anti-Money Laundering Act 2018;

“aircraft” has the meaning given in section 6(9) (aircraft sanctions) of the Act;

“aircraft sanctions regulations” means provisions in regulations made under section 1 (power to make sanctions regulations) of the Act(1) that—

(a)

contain a prohibition or requirement imposed for a purpose mentioned in section 6(1) (aircraft sanctions) of the Act,

(b)

authorise a direction within section 6(3) to (5) of the Act, or

(c)

make supplemental provision (within the meaning of section 1(6) of the Act) in connection with any prohibition or requirement mentioned in paragraph (a) or any direction mentioned in paragraph (b), including these Regulations;

“CEMA” means the Customs and Excise Management Act 1979(2);

“the Commissioners” means the Commissioners for His Majesty’s Revenue and Customs;

“conduct” includes acts and omissions;

“document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include producing a copy of the information in legible form;

“excluded trade sanctions regulations” means—

(a)

the following provisions in the Russia (Sanctions) (EU Exit) Regulations 2019(3)—

(i)

regulations 46Z9B to 46Z9D (maritime transportation of certain oil and oil products);

(ii)

regulation 54A (internet services),

(b)

regulation 27P (preventing provision of internet services) of the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019(4), or

(c)

a provision in those Regulations which makes supplemental provision (within the meaning of section 1(6) of the Act) in connection with any prohibition or requirement mentioned in paragraphs (a) or (b);

“sanctions regulations” means trade sanctions regulations, aircraft sanctions regulations and shipping sanctions regulations;

“ship” has the meaning given in section 7(14) (shipping sanctions) of the Act;

“shipping sanctions regulations” means provisions in regulations made under section 1 (power to make sanctions regulations) of the Act that—

(a)

contain a prohibition or requirement imposed for a purpose mentioned in section 7(1) (shipping sanctions) of the Act,

(b)

authorise a direction within section 7(3) to (5) of the Act,

(c)

fall within section 7(6) of the Act, or

(d)

make supplemental provision (within the meaning of section 1(6) of the Act) in connection with any prohibition or requirement mentioned in paragraph (a), any direction mentioned in paragraph (b), or any provision falling within paragraph (c), including these Regulations;

“trade sanctions regulations” means provisions in regulations made under section 1 (power to make sanctions regulations) of the Act that are not excluded trade sanctions regulations and that—

(a)

contain a prohibition or requirement imposed for a purpose mentioned in section 5(1) (trade sanctions) of the Act, or

(b)

make supplemental provision (within the meaning of section 1(6) of the Act) in connection with any prohibition or requirement mentioned in paragraph (a), including these Regulations;

“United Kingdom person” has the meaning given in section 21 (extra-territorial application) of the Act.

Commencement Information

I2 Reg. 2 in force at 10.10.2024, see reg. 1(2)

Application of requirements outside the United Kingdom U.K.

3.—(1) A United Kingdom person may comply, or fail to comply, with a relevant requirement by conduct wholly or partly outside the United Kingdom.

(2) Any person may comply, or fail to comply, with a relevant requirement by conduct in the territorial sea(5).

(3) In this regulation, a “relevant requirement” means any requirement imposed—

(a) by regulation 15(1) or (2) (reporting obligations: trade sanctions), 16(1) or (2) (reporting obligations: aircraft and shipping sanctions) or 20(3) (production of documents), or

(b) by reason of a request made under regulation 17(1) (power to request information: general), 18(1) (power to request information: trade sanctions), 19(1) or (3) (power to request information: aircraft and shipping sanctions) or 20(1) (production of documents).

(4) Nothing in this regulation is to be taken to prevent a relevant requirement from applying to conduct (by any person) in the United Kingdom.

Commencement Information

I3 Reg. 3 in force at 10.10.2024, see reg. 1(2)

Purposes U.K.

4.—(1) The purposes of the regulations contained in this instrument that are made under section 1 of the Act are considered appropriate by the Minister to further support enforcement of prohibitions and requirements, for the purposes of—

(a) compliance with UN obligations; and

(b) furthering a foreign policy objective of the government of the United Kingdom and promoting respect for democracy, the rule of law and good governance.

(2) The prohibitions and requirements referred to in paragraph (1) are those imposed by or under sanctions regulations made under section 1 of the Act, for the further purposes set out in those regulations (whether compliance with a UN obligation, or other international obligation, specified in the regulations, or a particular purpose that is within section 1(2) of the Act).

Commencement Information

I4 Reg. 4 in force at 10.10.2024, see reg. 1(2)

(1)

Section 1 is amended by the Economic Crime (Transparency and Enforcement) Act 2022, section 57 and the Economic Crime and Corporate Transparency Act 2023, section 35.

(2)

1979 c. 2.

(3)

S.I. 2019/855. Regulations 46Z9B to 46Z9D are inserted by S.I. 2022/1122 and regulation 54A is inserted by S.I. 2022/477.

(4)

S.I. 2019/600. Regulation 27P is inserted by S.I. 2023/616.

(5)

Section 62(1) of the Sanctions and Anti-Money Laundering Act 2018 defines “the territorial sea” as (without more), the territorial sea adjacent to the United Kingdom.