Explanatory Note
(This note is not part of the Regulations)
These Regulations are made under the Sanctions and Anti-Money Laundering Act 2018 (c.13) to establish a sanctions regime in relation to Burundi for the purposes of encouraging the Government of Burundi to: respect democratic principles and institutions and the rule of law; refrain from the repression of civil society; search for a peaceful solution to the political situation in Burundi and comply with international human rights law and to respect human rights. Following the UK's withdrawal from the European Union, these Regulations replace the EU sanctions regime in relation to Burundi currently in force under an EU Council Decision and Regulation.
The Regulations confer a power on the Secretary of State to designate persons who are, or have been, involved in certain activities. Designated persons may be excluded from the United Kingdom and may be made subject to financial sanctions.
The Regulations provide for certain exceptions to this sanctions regime, in particular in relation to financial sanctions (for example to allow for frozen accounts to be credited with interest or other earnings) and also acts done for the purpose of national security or the prevention of serious crime. The Regulations also confer powers on the Treasury to issue licences in respect of activities that would otherwise be prohibited under the financial sanctions imposed. Schedule 2 to these Regulations sets out the purposes pursuant to which the Treasury may issue such licences.
The Regulations make it a criminal offence to contravene, or circumvent, any of the prohibitions in these Regulations and prescribe the mode of trial and penalties that apply to such offences. The Regulations prescribe powers for the provision and sharing of information to enable the effective implementation and enforcement of the sanctions regime.
Council Regulation (EU) No 2015/1755 of 1 October 2015 concerning restrictive measures in view of the situation in Burundi is revoked by these Regulations. The Burundi (European Union Financial Sanctions) Regulations 2015 are also revoked by these Regulations. These Regulations also make amendments to the Sanctions (Amendment) (EU Exit) (No 2) Regulations 2019.
An Impact Assessment has not been produced for these Regulations, as they are intended to ensure existing sanctions remain in place following the United Kingdom's withdrawal from the European Union. These Regulations are intended to deliver substantially the same policy effects as the existing European Union sanctions. An Impact Assessment was, however, produced for the Sanctions and Anti-Money Laundering Act 2018 and can be found at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/653271/Sanctions_and_Anti-Money_Laundering_Bill_Impact_Assessment_18102017.pdf.