The Yemen (Sanctions) (EU Exit) Regulations 2020

Purpose

4.—(1) The regulations contained in this instrument that are made under section 1 of the Act have the following purposes—

(a) compliance with the relevant UN obligations, and

(b) the additional purposes mentioned in paragraph (2).

(2) Those additional purposes are—

(a) promoting the peace, stability and security of Yemen,

(b) promoting the political transition and peaceful resolution of armed conflicts in Yemen, including, in particular—

(i) the completion of the political transition as outlined in the Gulf Cooperation Council Initiative and the Implementation Mechanism Agreement, and

(ii) the implementation of the final report of the comprehensive National Dialogue Conference,

(c) promoting respect for humanitarian assistance activities in Yemen,

(d) promoting compliance with the rules of international humanitarian law applicable to the armed conflicts in Yemen,

(e) promoting respect for human rights in Yemen, including, in particular, respect for—

(i) the right to life of persons in Yemen;

(ii) the right of persons in Yemen not to be held in slavery or required to perform forced or compulsory labour;

(iii) the right of persons not to be subjected to cruel, inhuman or degrading treatment or punishment in Yemen;

(iv) the right to liberty and security of persons in Yemen, including freedom from arbitrary arrest, unlawful detention or enforced disappearance;

(v) the right to a fair trial of persons charged with criminal offences in Yemen;

(vi) the enjoyment of rights and freedoms in Yemen without discrimination, including on the basis of a person’s sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status,

otherwise than by compliance with the relevant UN obligations.

(3) In this regulation, “the relevant UN obligations” means—

(a) the obligation that the United Kingdom has by virtue of paragraph 11 of resolution 2140 (asset-freeze etc.)(1) to take the measures required by that provision in respect of persons for the time being named for the purposes of that provision by the Security Council or the Committee;

(b) the obligations that the United Kingdom has by virtue of paragraph 11 of resolution 2140 (asset-freeze etc.) in respect of persons—

(i) acting on behalf of or at the direction of, or

(ii) owned or controlled by,

the persons for the time being named by the Security Council or the Committee for the purposes of paragraph 11 of resolution 2140;

(c) the obligations that the United Kingdom has by virtue of paragraph 14 of resolution 2216 (arms embargo etc.) to take the measures required by that provision in respect of—

(i) persons for the time being named by the Security Council or the Committee for the purposes of paragraph 14 of resolution 2216;

(ii) persons acting in Yemen on behalf of or at the direction of a person mentioned in paragraph (i).

(4) In paragraphs (3)(a) to (c), any reference to persons named by the Security Council or Committee for the purposes of a provision mentioned therein includes persons so named by virtue of—

(a) paragraphs 17 and 18 of resolution 2140;

(b) paragraph 19 of resolution 2216;

(c) paragraph 6 of resolution 2511.

(1)

The asset-freezing measures provided for in paragraph 11 of resolution 2140 have been renewed by paragraph 2 of resolution 2204 (2015) adopted by the Security Council on 24 February 2015, paragraph 2 of resolution 2266 (2016) adopted by the Security Council on 24 February 2016, paragraph 2 of resolution 2342 (2017) adopted by the Security Council on 23 February 2017, paragraph 2 of resolution 2402 (2018) adopted by the Security Council on 26 February 2018, paragraph 2 of resolution 2456 (2019) adopted by the Security Council on 26 February 2019, and paragraph 2 of resolution 2511 (2020) adopted by the Security Council on 25 February 2020.