The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) Order 2020

1. Introductory Text

2. 1. Citation, commencement and extent

3. 2. Extension of the Democratic People’s Republic of Korea (Sanctions) (EU Exit) Regulations 2019

4. 3. Extension of the Sanctions and Anti-Money Laundering Act 2018

5. 4. Exclusion of UN designated persons from the Territory

6. Signature

7. 1. SCHEDULE 1

      British overseas territories

   2. SCHEDULE 2

      Modifications to be made in the extension of the Democratic People’s Republic of Korea (Sanctions) (EU Exit) Regulations 2019 to each British overseas territory listed in Schedule 1

      1. 1. In regulation 1 (citation and commencement)— (a) in the heading,...

      2. 2. In regulation 2 (interpretation)— (a) in paragraph (1)—

      3. 3. In regulation 3 (application of prohibitions and requirements outside the...

      4. 4. In regulation 4 (purposes), for “The regulations contained in this...

      5. 5. At the end of Part 1 (General), insert— Functions of...

      6. 6. Omit regulation 5 (power to designate persons) (including the heading)....

      7. 7. Omit regulation 6 (criteria for designating a person) (including the...

      8. 8. For regulation 8 (notification and publicity where designation power used),...

      9. 9. In regulation 9 (confidential information in certain cases where designation...

      10. 10. In regulation 10 (designation of persons named by or under...

      11. 11. Omit regulation 11 (specification of ships) (including the heading).

      12. 12. For regulation 12 (notification and publicity where specification power used)...

      13. 13. In regulation 18 (UK credit or financial institutions: accounts and...

      14. 14. In regulation 19 (UK credit or financial institutions: severance of...

      15. 15. In regulation 20 (opening of or taking up of business...

      16. 16. In regulation 22 (acquisition or extension of ownership interest by...

      17. 17. In regulation 23 (designated persons: closure of representative offices)—

      18. 18. In regulation 25 (bank accounts for diplomatic missions etc.), in...

      19. 19. In regulation 28 (transfers of funds etc.), in paragraph (2),...

      20. 20. In regulation 29 (insurance and reinsurance services in relation to...

      21. 21. For regulation 32 (meaning of “designated person” in Part 4)...

      22. 22. In regulation 33 (interpretation of Part 4)—

      23. 23. For regulation 34 (immigration) substitute— (1) A person who is designated from time to time...

      24. 24. In regulation 35 (exports of restricted goods), at the end...

      25. 25. In regulation 36 (imports of restricted goods), after paragraph (4)...

      26. 26. In regulation 37 (supply and delivery of restricted goods), in...

      27. 27. In regulation 39 (transfer of restricted technology), in paragraph (1)(c)...

      28. 28. In regulation 42 (brokering services: non-UK activity relating to restricted...

      29. 29. In regulation 43 (goods and technology for armed forces of...

      30. 30. In regulation 44 (armed forces goods and technology)—

      31. 31. In regulation 45 (exports of certain goods), at the end...

      32. 32. In regulation 46 (supply and delivery of certain goods to...

      33. 33. In regulation 48 (imports of certain goods), at the end...

      34. 34. In regulation 49 (supply and delivery of certain goods from...

      35. 35. In regulation 51 (bank notes and coinage)—

      36. 36. In regulation 52 (gold, precious metals or diamonds)—

      37. 37. In regulation 55 (brokering services: non-UK activity relating to gold,...

      38. 38. In regulation 58 (leasing or chartering of ships and aircraft),...

      39. 39. In regulation 59 (crew services for ships and aircraft), for...

      40. 40. In regulation 60 (ship classification services), for the definition of...

      41. 41. In regulation 61 (bunkering or ship supply services), for the...

      42. 42. In regulation 64 (interpretation of Part 6)—

      43. 43. In regulation 65 (movement of aircraft)— (a) in paragraph (1)—...

      44. 44. For regulation 66 (directions under regulation 65: supplementary)— (1) Where a direction is given under regulation 65(3)(c) or...

      45. 45. In regulation 67 (offences)— (a) in paragraph (2), for “Secretary...

      46. 46. In regulation 68 (interpretation of Part 7)—

      47. 47. In regulation 71 (prohibition on port entry)—

      48. 48. In regulation 72 (directions prohibiting port entry)—

      49. 49. In regulation 73 (movement of ships)— (a) in paragraphs (2),...

      50. 50. In regulation 75 (detention of ships)— (a) in paragraphs (1)...

      51. 51. In regulation 77 (registration of ships in the United Kingdom)—...

      52. 52. In regulation 80 (interpretation of Part 8)—

      53. 53. In regulation 81 (asset-freeze etc.: exceptions from prohibitions)—

      54. 54. In regulation 83 (transfers of funds: exceptions from prohibitions), in...

      55. 55. In regulation 84 (trade: exceptions from prohibitions), in paragraph (5)(b),...

      56. 56. In regulation 85 (aircraft: exceptions from prohibition), for “United Kingdom”,...

      57. 57. For regulation 86A (exception for authorised conduct in a relevant...

      58. 58. For regulation 87 (exception for acts done for purposes of...

      59. 59. For regulation 88 (Treasury licences), substitute— Financial sanctions licences (1) The prohibitions in regulations 13 to 17 (asset-freeze etc.),...

      60. 60. For regulation 89 (Treasury directions) substitute— Financial sanctions directions (1) The requirements in regulations 19 (severance of existing financial...

      61. 61. In regulation 90 (trade licences)— (a) the existing text becomes...

      62. 62. In regulation 91 (aircraft licences)— (a) the existing text becomes...

      63. 63. In regulation 92 (ship licences)— (a) in paragraph (1), for...

      64. 64. In regulation 93 (licences: general provisions)— (a) in paragraph (1),...

      65. 65. In regulation 94 (Treasury directions: general provisions)—

      66. 66. In regulation 95 (finance: licensing offences)— (a) for “Treasury licence”,...

      67. 67. For regulation 98 (section 8B(1) to (3) of Immigration Act...

      68. 68. In regulation 99 (finance: reporting obligations)— (a) for “Treasury”, in...

      69. 69. For regulation 100 (“relevant firm”) substitute— (1) The following are relevant firms for the purposes of...

      70. 70. In regulation 101 (proliferation financing)— (a) in paragraph (1), for...

      71. 71. In regulation 102 (finance: powers to request information)—

      72. 72. In regulation 103 (finance: production of documents)—

      73. 73. In regulation 104 (finance: information offences), in paragraph (1)(d), for...

      74. 74. For regulation 105 (trade: application of information powers in CEMA)...

      75. 75. After regulation 105 (trade: information powers) insert— Trade: information offences...

      76. 76. In regulation 106 (general trade licences: records), in paragraph (4),...

      77. 77. In regulation 107 (general trade licences: inspection of records)—

      78. 78. In regulation 108 (disclosure of information)— (a) in paragraph (1),...

      79. 79. In regulation 109 (Part 10: supplementary)— (a) for paragraph (2)...

      80. 80. In Part 11 (Enforcement), at the beginning insert— Suspected ships,...

      81. 81. For regulation 110 (penalties for offences) substitute— (1) Paragraphs (3) to (8) apply to—

      82. 82. In regulation 111 (liability of officers of bodies corporate etc.),...

      83. 83. In regulation 112 (jurisdiction to try offences)—

      84. 84. After regulation 112 (jurisdiction to try offences), insert— Consent to...

      85. 85. For regulation 113 (procedure for offences by unincorporated bodies) substitute—...

      86. 86. In regulation 114 (time limit for proceedings for summary offences),...

      87. 87. Omit regulation 115 (trade enforcement: application of CEMA) (including the...

      88. 88. Omit regulation 116 (trade offences in CEMA: modification of penalty)...

      89. 89. Omit regulation 117 (application of Chapter 1 of Part 2...

      90. 90. Omit regulation 118 (monetary penalties) (including the heading).

      91. 91. In regulation 119 (exercise of maritime enforcement powers)—

      92. 92. In regulation 120 (maritime enforcement officers)— (a) in paragraph (1)—...

      93. 93. In regulation 121 (power to stop, board, search etc.), in...

      94. 94. Omit regulation 123 (restrictions on exercise of maritime enforcement powers)...

      95. 95. In regulation 126 (notices)— (a) for “United Kingdom”, in each...

      96. 96. Omit regulation 127 (article 20 of the Export Control Order...

      97. 97. Omit regulation 128 (trade: overlapping offences) (including the heading).

      98. 98. Omit regulation 129 (amendment of the United Nations and European...

      99. 99. Omit regulation 130 (revocations) (including the heading).

      100. 100. In regulation 131 (transitional provision: Treasury licences)—

      101. 101. For regulation 132 (transitional provision: trade licences) substitute— (1) Paragraphs (2) and (3) apply to a licence which—...

      102. 102. For regulation 133 (transitional provision: pending applications for trade licences)...

      103. 103. In regulation 134 (transitional provision: prior obligations etc.), in paragraph...

      104. 104. In Schedule 3 (Treasury licences: purposes)— (a) in the heading,...

8. Explanatory Note