The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 5) Regulations 2020

Statutory Instruments

2020 No. 1397

Exiting The European Union

Sanctions

The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 5) Regulations 2020

Made

1st December 2020

Laid before Parliament

3rd December 2020

Coming into force in accordance with regulation 1(2)

The Secretary of State M1 , in exercise of the powers conferred by sections 1 and 45 of the Sanctions and Anti-Money Laundering Act 2018 M2 , considers that the requirements of section 45(2) of the Act are satisfied and, having decided upon consideration of the matters set out in section 56(1) of the Act that it is appropriate to do so, makes the following Regulations:

Modifications etc. (not altering text)

C1 Regulations extended (British overseas territories) (with modifications) (31.12.2020 immediately after S.I. 2020/1397 has come into force) by The Mali (Sanctions) (Overseas Territories) Order 2020 (S.I. 2020/1591), art. 2, Sch. 1, Sch. 2; S.I. 2020/1514, reg. 22

Marginal Citations

M1 The power to make regulations under Part 1 of the Sanctions and Anti-Money Laundering Act 2018 (c.13) is conferred on an appropriate Minister. Section 1(9)(a) of the Act defines an “appropriate Minister” as including the Secretary of State.

M2 2018 c.13.

Citation and commencement U.K.

1.—(1) These Regulations may be cited as the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 5) Regulations 2020.

(2) These Regulations come into force in accordance with regulations made by the Secretary of State under section 56 of the Sanctions and Anti-Money Laundering Act 2018.

Commencement Information

I1 Reg. 1 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514, reg. 22

Amendment of the Mali (Sanctions) (EU Exit) Regulations 2020 U.K.

2.—(1) The Mali (Sanctions) (EU Exit) Regulations 2020 M3 are amended as follows.

(2) In regulation 6 (designation criteria)—

(a) in paragraph (3)(g)(iii), for “military goods or military technology” substitute “ arms or material related to arms ”;

(b) omit paragraph (7).

Commencement Information

I2 Reg. 2 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514, reg. 22

Marginal Citations

M3 S.I. 2020/705.

Amendment of the Afghanistan (Sanctions) (EU Exit) Regulations 2020 U.K.

3.—(1) The Afghanistan (Sanctions) (EU Exit) Regulations 2020 M4 are amended as follows.

(2) In regulation 26, in paragraph (1), at the end, insert—

“(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.”

Commencement Information

I3 Reg. 3 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514, reg. 22

Marginal Citations

M4 S.I. 2020/948.

Ahmad

Minister of State

Foreign, Commonwealth and Development Office

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) (“the Sanctions Act”).

The Regulations make corrections to sanctions regulations which have been made under section 1 of the Sanctions Act, namely the Mali (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/705) (“the Mali Regulations”) and the Afghanistan (Sanctions) (EU Exit) Regulations 2020 (SI 2020/948) (“the Afghanistan Regulations”).

The correction to the Mali Regulations is to substitute in the designation criteria (regulation 6) for the reference to “military goods or military technology” (defined by reference to the Export Control Order 2008 (SI 2008/3231)) a reference to “arms or material related to arms”.

The correction to the Afghanistan Regulations is to insert two sub-paragraphs inadvertently omitted from those Regulations.

An impact assessment has not been produced for these Regulations; an impact assessment was, however, produced for the Sanctions Act 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.