The Russia (Sanctions) (Overseas Territories) Order 2020

Changes over time for: Paragraph 38

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[F138. For regulation 64 (Treasury licences) substitute—U.K.

“Financial sanctions licences

64.—(1) The prohibitions in Chapters 1 and 2 of Part 3 (Finance) [F2and regulations 46Z9B to 46Z9D (maritime transportation of certain oil and oil products)] do not apply to anything done under the authority of a licence issued by the Governor under this paragraph.

(2) Without prejudice to the generality of the powers conferred by paragraph (1), a financial sanctions licence issued by the Governor may, in particular, authorise acts which would otherwise be prohibited by any of [F3regulations 11 to [F418C]] (financial restrictions) [F5or 46Z9B to 46Z9D (maritime transportation of certain oil and oil products)] for a particular period beginning with—

(a)the coming into force of the prohibition, or

(b)where the prohibition relates to a person designated for the purposes of regulations 11 to 15 (asset-freeze etc.) or regulation 17A (correspondent banking relationships etc.), the date on which the person was designated.

(3) The Governor may issue a financial sanctions licence which authorises acts by a particular person only—

(a)in the case of acts which would otherwise be prohibited by regulations 11 to 15, where the Governor considers that it is appropriate to issue the licence for a purpose set out in Part 1 (Asset-freeze etc.) of Schedule 5 (Financial sanctions licences: purposes),

[F6(aa)in the case of acts which would otherwise be prohibited by regulations 11 to 15, 16, 17, 17A, 18A and 18C, where the Governor considers that it is appropriate to issue the licence for a purpose set out in Part 1ZA of Schedule 5,]

(b)in the case of acts which would otherwise be prohibited by regulation 17 (loans and credit arrangements), where the Governor considers that it is appropriate to issue the licence for a purpose set out in Part 1A (Loans and credit arrangements) of Schedule 5,

(c)in the case of acts which would otherwise be prohibited by regulation 17A, where the Governor considers that it is appropriate to issue the licence for a purpose set out in Part 1B (Correspondent banking relationships etc.) of Schedule 5,

(d)in the case of acts which would otherwise be prohibited by regulation 17A(2) [F7(processing payments)], where the Governor considers that it is appropriate to issue the licence for a purpose set out in Part 1C [F8(Processing payments)] of Schedule 5,

(e)in the case of acts which would otherwise be prohibited by regulation 18 (investments in relation to non-government controlled Ukrainian territory), where the Governor considers that it is appropriate to issue the licence for a purpose set out in Part 2 (Investment in non-government controlled Ukrainian territory) of Schedule 5, F9...

(f)in the case of acts which would otherwise be prohibited by regulation 18A (provision of financial services relating to foreign exchange reserve and asset management), where the Governor considers that it is appropriate to issue the licence for a purpose set out in Part 1D (Foreign exchange reserve and asset management services) of Schedule 5, F10...

[F11(g)in the case of acts which would otherwise be prohibited by regulation 18B (investments in relation to Russia), where the Governor considers that it is appropriate to issue the licence for a purpose set out in Part 3 of Schedule 5] [F12, and]

[F13(ga)in the case of acts which would otherwise be prohibited by regulation 18C (trust services), where the Governor considers that it is appropriate to issue the licence for a purpose set out in Part 3A of Schedule 5, and]

[F14(h)in the case of acts which would otherwise be prohibited by regulations 46Z9B to 46Z9D (maritime transportation of certain oil and oil products), where the Governor considers that it is appropriate to issue the licence for the purpose set out in Part 4 (maritime transportation of certain oil and oil products) of Schedule 5.]

(4) Part A1 (Interpretation) of Schedule 5 has effect for the interpretation of terms in that Schedule.

(5) The Governor may issue a financial sanctions licence only with the consent of the Secretary of State.”]

Textual Amendments

F1Sch. 2 para. 38 substituted (14.4.2022) by The Russia (Sanctions) (Overseas Territories) (Amendment) Order 2022 (S.I. 2022/453), arts. 1(1), 34

F2Words in Sch. 2 para. 38 inserted (15.12.2022) by The Russia (Sanctions) (Overseas Territories) (Amendment) (No. 4) Order 2022 (S.I. 2022/1338), arts. 1(1), 8(a)

F3Words in Sch. 2 para. 38 substituted (10.11.2022) by The Russia (Sanctions) (Overseas Territories) (Amendment) (No. 3) Order 2022 (S.I. 2022/1167), arts. 1(1), 14(a)

F4Word in Sch. 2 para. 38 substituted (9.3.2023) by The Russia (Sanctions) (Overseas Territories) (Amendment) Order 2023 (S.I. 2023/291), arts. 1(1), 6(a)

F5Words in Sch. 2 para. 38 inserted (15.12.2022) by The Russia (Sanctions) (Overseas Territories) (Amendment) (No. 4) Order 2022 (S.I. 2022/1338), arts. 1(1), 8(b)

F6Words in Sch. 2 para. 38 inserted (14.3.2024) by The Russia (Sanctions) (Overseas Territories) (Amendment) Order 2024 (S.I. 2024/370), arts. 1(1), 9(a)

F7Words in Sch. 2 para. 38 substituted (14.3.2024) by The Russia (Sanctions) (Overseas Territories) (Amendment) Order 2024 (S.I. 2024/370), arts. 1(1), 9(b)(i)

F8Words in Sch. 2 para. 38 substituted (14.3.2024) by The Russia (Sanctions) (Overseas Territories) (Amendment) Order 2024 (S.I. 2024/370), arts. 1(1), 9(b)(ii)

F9Word in Sch. 2 para. 38 omitted (10.11.2022) by virtue of The Russia (Sanctions) (Overseas Territories) (Amendment) (No. 3) Order 2022 (S.I. 2022/1167), arts. 1(1), 14(b)(i)