The Myanmar (Sanctions) Regulations 2021

Transitional provision: trade licences

81.—(1) Paragraph (2) applies to a licence or authorisation which—

(a) was—

(i) issued by the Secretary of State under regulation 36 of the 2019 Regulations,

(ii) deemed to have been issued by the Secretary of State under regulation 36 of the 2019 Regulations(1), or

(iii) treated as if it had been issued by the Secretary of State under regulation 36 of the 2019 Regulations(2),

(b) was in effect immediately before the relevant date, and

(c) authorises an act which would (on and after the relevant date, and in the absence of paragraph (2)) be prohibited by Part 5 (Trade),

and such a licence or authorisation is referred to in this regulation as an “existing trade sanctions licence”.

(2) An existing trade sanctions licence which authorises an act which would otherwise be prohibited has effect on and after the relevant date as if it had been issued by the Secretary of State under regulation 45 (trade licences).

(3) Any reference in an existing trade sanctions licence to—

(a) a provision of the 2019 Regulations, or

(b) a provision in any other enactment which was treated as a reference to the corresponding provision of the 2019 Regulations,

is to be treated on and after the relevant date as a reference to the corresponding provision of these Regulations.

(4) Paragraph (5) applies where—

(a) an application for a licence, or for the variation of a licence, under the 2019 Regulations was made before the relevant date,

(b) the application is for the authorisation of conduct which would (on and after the relevant date) be prohibited under Part 5, and

(c) a decision to grant or refuse the application has not been made before that date.

(5) The application is to be treated on and after the relevant date as an application for a licence, or for the variation of a licence (as the case may be), under regulation 45.

(6) For the purposes of paragraph (4), the reference to an application for a licence under the 2019 Regulations includes an application that is treated as such an application by virtue of regulation 73 (transitional provision: pending applications for trade licences) of the 2019 Regulations.

(7) In this regulation—

“the 2019 Regulations” means the Burma (Sanctions) (EU Exit) Regulations 2019;

“the relevant date” means the date on which Part 5 comes into force.

(1)

Regulation 72(2) of the Burma (Sanctions) (EU Exit) Regulations 2019 provides that a licence is deemed to have been issued under those Regulations in respect of an existing trade licence (as defined in that regulation).

(2)

Regulation 72(4) of the Burma (Sanctions) (EU Exit) Regulations 2019 provides that an existing trade sanctions licence (as defined in that regulation) has effect as if it had been issued under those Regulations.