The Lebanon (Sanctions) (EU Exit) Regulations 2020

PART 3 U.K. Exceptions and licences

[F1 Finance: exception for authorised conduct in a relevant country U.K.

15A.— (1) Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in Chapter 2 of Part 2 (Trade) (“the relevant prohibition”), the relevant prohibition is not contravened if the conduct is authorised by a licence or other authorisation which is issued—

(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.

(2) In this regulation—

“relevant country” means—

(a)

any of the Channel Islands,

(b)

the Isle of Man, or

(c)

any British overseas territory.

(3) Nothing in this regulation affects the application of a prohibition in a case where it would be incompatible with a UN obligation for the prohibition not to apply.]

Textual Amendments

F1 Reg. 15A inserted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No.3) Regulations 2020 (S.I. 2020/950), regs. 1(2), 9(2); S.I. 2020/1514, reg. 17

Exception for acts done for purposes of national security or prevention of serious crime U.K.

16.—(1) Where an act would, in the absence of this paragraph, be prohibited by any prohibition in Part 2 (Trade), that prohibition does not apply to the act if the act is one which a responsible officer has determined would be in the interests of—

(a) national security, or

(b) the prevention or detection of serious crime in the United Kingdom or elsewhere.

(2) Where, in the absence of this paragraph, a thing would be required to be done under or by virtue of a provision of Part 4 (Information and records) or Part 6 (Maritime enforcement), that requirement does not apply if a responsible officer has determined that not doing the thing in question would be in the interests of—

(a) national security, or

(b) the prevention or detection of serious crime in the United Kingdom or elsewhere.

(3) In this regulation “responsible officer” means a person in the service of the Crown or holding office under the Crown, acting in the course of that person's duty.

(4) Nothing in this regulation affects the application of a prohibition or requirement in a case where it would be incompatible with a UN obligation for the prohibition or requirement not to apply.

Commencement Information

I1 Reg. 16 not in force at made date, see reg. 1(2)

I2 Reg. 16 in force at 31.12.2020 by S.I. 2020/1514, reg. 9

Trade licences U.K.

17.—(1) The prohibitions in Chapter 2 of Part 2 (Trade) do not apply to anything done under the authority of a licence issued by the Secretary of State under this paragraph.

(2) A licence under paragraph (1)—

(a) must specify the acts authorised by it;

(b) may be general or may authorise acts by a particular person or persons or a particular description;

(c) may—

(i) contain conditions;

(ii) be of indefinite duration or a defined duration.

(3) Where the Secretary of State issues a licence under paragraph (1), the Secretary of State may vary, revoke or suspend it at any time.

(4) Where the Secretary of State issues, varies, revokes or suspends a licence under paragraph (1) which authorises acts by a particular person, the Secretary of State must give written notice to that person of the issue, variation, revocation or suspension of the licence.

(5) Where the Secretary of State issues, varies, revokes or suspends a general licence or a licence which authorises acts by persons of a particular description under paragraph (1), the Secretary of State must take such steps as the Secretary of State considers appropriate to publicise the issue, variation, revocation or suspension of the licence.

Commencement Information

I3 Reg. 17 not in force at made date, see reg. 1(2)

I4 Reg. 17 in force at 31.12.2020 by S.I. 2020/1514, reg. 9

Licensing offences U.K.

18.—(1) A person (“P”) commits an offence if P knowingly or recklessly—

(a) provides information that is false in a material respect, or

(b) provides or produces a document that is not what it purports to be,

for the purpose of obtaining a trade licence (whether for P or anyone else).

(2) A person who purports to act under the authority of a trade licence but who fails to comply with any condition of the licence commits an offence.

(3) A licence in respect of which an offence under paragraph (1) has been committed is to be treated as void from the time at which it was issued.

Commencement Information

I5 Reg. 18 not in force at made date, see reg. 1(2)

I6 Reg. 18 in force at 31.12.2020 by S.I. 2020/1514, reg. 9