The Sanctions (EU Exit) (Miscellaneous Amendments and Revocations) Regulations 2024

Amendment of the Russia (Sanctions) (EU Exit) Regulations 2019

8.—(1) The Russia (Sanctions) (EU Exit) Regulations 2019(1) are amended as follows.

(2) In regulation 2 (interpretation), in the appropriate place insert—

““director disqualification licence” means a licence under regulation 64A;”.

(3) In regulation 5(1) (power to designate persons), after sub-paragraph (ab), insert—

“(ac) regulation 19B (director disqualification sanctions);”.

(4) After regulation 19A (interpretation of Part 3), insert—

“PART 3A Director disqualification sanctions

Director disqualification sanctions

19B.   A person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation is a person subject to director disqualification sanctions for the purposes of—

(a) section 11A of the Company Directors Disqualification Act 1986, and

(b) Article 15A of the Company Directors Disqualification (Northern Ireland) Order 2002.”.

(5) In regulation 60GC(2)(d) (trade: exception in respect of the acquisition of diamonds and diamond jewellery), for “prohibition at”, substitute “an arrangement falling within”.

(6) After regulation 64 (Treasury licences), insert—

“Director disqualification licences

64A.   The Secretary of State may issue a licence in relation to any person who is designated under regulation 5 for the purposes of regulation 19B (director disqualification sanctions) providing that the prohibitions in—

(a) section 11A(1) of the Company Directors Disqualification Act 1986, and

(b) Article 15A(1) of the Company Directors Disqualification (Northern Ireland) Order 2002,

do not apply to anything done under the authority of that licence.”.

(7) In regulation 66(1) (licences: general provisions), after “Treasury licences,” insert “director disqualification licences,”.

(8) After regulation 67 (finance: licensing offences), insert—

“Director disqualification: licensing offences

67A.— (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 director disqualification licence (whether for P or anyone else).

(2) A person who purports to act under the authority of a director disqualification 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.”.

(9) In regulation 78(1)(b)(i) (disclosure of information), after “Part 3 (Finance),” insert “Part 3A (Director disqualification sanctions),”.

(10) In regulation 80(3) (penalties for offences), in the opening words, after “9B(6) (confidentiality),” insert “67A (director disqualification: licensing offences),”.

(11) In regulation 85 (trade enforcement: application of CEMA)—

(a) in paragraph (3B)—

(i) in sub-paragraph (za) for “insofar as it relates to the prohibition at regulation 24(1)(c)” substitute “insofar as the offence does not relate to dual-use goods, military goods, or defence and security goods”;

(ii) after sub-paragraph (za) insert—

“(zaa) regulation 25(3) insofar as it does not relate to the import or export of goods or the transfer of technology to or from the UK, to dual-use goods and dual-use technology, military goods and military technology, or defence and security goods and defence and security technology;

(zab) regulation 26(3) insofar as it does not relate to the import or export of goods or the transfer of technology to or from the UK, to dual-use goods and dual use technology, military goods and military technology, or defence and security goods and defence and security technology;

(zac) regulation 27(3) insofar as it does not relate to the import or export of goods or the transfer of technology to or from the UK, to dual-use goods and dual use technology, military goods and military technology, or defence and security goods and defence and security technology;

(zad) regulation 28(7) insofar as it does not relate to the import or export of goods or the transfer of technology to or from the UK, to dual-use goods and dual-use technology, military goods and military technology, or defence and security goods and defence and security technology;

(zae) regulation 29(3) insofar as it does not relate to the import or export of goods or the transfer of technology to or from the UK, to dual-use goods and dual use technology, military goods and military technology, or defence and security goods and defence and security technology;”;

(iii) in sub-paragraph (zb), after “regulation 29A(3)” insert “insofar as it does not relate to the import or export of goods”;

(iv) after sub-paragraph (zb) insert—

“(zc) regulation 30(3);”;

(v) after sub-paragraph (c) insert—

“(ca) regulation 42(3) insofar as it does not relate to the import or export of goods;

(cb) regulation 43(3) insofar as it does not relate to the import or export of goods;

(cc) regulation 44(5) insofar as it does not relate to the import or export of goods;”;

(vi) in sub-paragraph (d), after “regulation 45(3)” insert “insofar as it does not relate to the import or export of goods”;

(vii) after sub-paragraph (d) insert—

“(dza) regulation 46(3);”;

(viii) in sub-paragraph (da), after “regulation 46A(4)” insert “insofar as it does not relate to the import or export of goods or the transfer of technology to or from the UK”;

(ix) in sub-paragraph (e), for “insofar as it relates to the prohibition at regulation 46B(2)(a)” substitute “insofar as it does not relate to the import or export of goods”;

(x) in sub-paragraph (ea), for “insofar as the technical assistance provided relates to the supply or delivery of luxury goods from a third country to a place in Russia” substitute “insofar as it does not relate to the import or export of goods”;

(xi) in sub-paragraph (eb), for “insofar as it relates to the prohibition at” to the end substitute “insofar as it does not relate to the import or export of goods”;

(xii) in sub-paragraph (ec), for “insofar as it relates to the prohibition at” to the end substitute “insofar as it does not relate to the import or export of goods”;

(xiii) after sub-paragraph (ec) insert—

“(ed) regulation 46E(3) insofar as it does not relate to the import or export of goods;”;

(xiv) in sub-paragraph (g), for “insofar as it relates to the prohibition at regulation 46G)(1)(c)” substitute “insofar as it does not relate to the import or export of goods”;

(xv) in sub-paragraph (h), for “insofar as it relates to the prohibition at regulation 46H(1)(c)” substitute “insofar as it does not relate to the import or export of goods”;

(xvi) before sub-paragraph (ha) insert—

“(hza) regulation 46I(3) insofar as it does not relate to the import or export of goods;

(hzb) regulation 46IH(3) insofar as it does not relate to the import or export of goods;”;

(xvii) after sub-paragraph (i) insert—

“(ia) regulation 46L(4) insofar as it does not relate to the import or export of goods;”;

(xviii) in sub-paragraph (j), for “insofar as it relates to the prohibition at regulation 46N(2)(a)” substitute “insofar as it does not relate to the import or export of goods”;

(xix) after sub-paragraph (j) insert—

“(jza) regulation 46O(3) insofar as it does not relate to the import or export of goods;

(jzb) regulation 46P(5) insofar as it does not relate to the import or export of goods;

(jzc) regulation 46Q(3) insofar as it does not relate to the import or export of goods;

(jzd) regulation 46XC(3) insofar as it does not relate to the import or export of goods;”;

(xx) in sub-paragraph (jb), for “insofar as it relates to the prohibition at 46XE(1)(c)” substitute “insofar as it does not relate to the import or export of goods”;

(xxi) in sub-paragraph (jc), for “insofar as it relates to the prohibition at 46XF(1)(c)” substitute “insofar as it does not relate to the import or export of goods”;

(xxii) after sub-paragraph (jc) insert—

“(jd) regulation 46XG(3) insofar as it does not relate to the import or export of goods;”;

(xxiii) in sub-paragraph (k), for “insofar as it relates to the prohibition at regulation 46Y(2)(a)” substitute “insofar as it does not relate to the import or export of goods”;

(xxiv) after sub-paragraph (k) insert—

“(ka) regulation 46Z(3) insofar as it does not relate to the import or export of goods;

(kb) regulation 46Z1(5) insofar as it does not relate to the import or export of goods;”;

(xxv) in sub-paragraph (l), for “insofar as it relates to the prohibitions at regulation 46Z2(1)(e), (f) and (g)” substitute “insofar as it does not relate to the import or export of goods”;

(xxvi) after sub-paragraph (l) insert—

“(la) regulation 46Z5(3) insofar as it does not relate to the import or export of goods;

(lb) regulation 46Z7(3) insofar as it does not relate to the import or export of goods;

(lc) regulation 46Z8(3) insofar as it does not relate to the import or export of goods;

(ld) regulation 46Z9(3) insofar as it does not relate to the import or export of goods;”;

(xxvii) after sub-paragraph (r) insert—

“(rza) regulation 46Z12(3) insofar as it does not relate to the import or export of goods;

(rzb) regulation 46Z14(3) insofar as it does not relate to the import or export of goods;

(rzc) regulation 46Z15(3) insofar as it does not relate to the import or export of goods;

(rzd) regulation 46Z16(3) insofar as it does not relate to the import or export of goods;”;

(xxviii) in sub-paragraph (ra), for “insofar as the acquisition does not relate to the import of diamonds or diamond jewellery” substitute “insofar as it does not relate to the import or export of goods”;

(xxix) in sub-paragraph (rc), for “insofar as it relates to the prohibitions at regulation 46Z16N(1)(b) and (c)” substitute “insofar as it does not relate to the import or export of goods”;

(xxx) in sub-paragraph (rd), for “insofar as it relates to the prohibitions at regulation 46Z16O(1)(b) and (c)” substitute “insofar as it does not relate to the import or export of goods”;

(xxxi) in sub-paragraph (re), for “insofar as the brokering services provided relate to any arrangements described in regulation 46Z16O(1)(b) or (c)” substitute “insofar as it does not relate to the import or export of goods”;

(xxxii) in sub-paragraph (s), for “insofar as it relates to the prohibition at regulation 46Z30(2)(a)” substitute “insofar as it does not relate to the import or export of goods”;

(xxxiii) after sub-paragraph (s) insert—

“(sa) regulation 46Z31(3) insofar as it does not relate to the import or export of goods;

(sb) regulation 46Z32(5) insofar as it does not relate to the import or export of goods;”;

(xxxiv) in sub-paragraph (t), for “insofar as it relates to the prohibitions at regulation 46Z33(1)(e), (f) and (g)” substitute “insofar as it does not relate to the import or export of goods”;

(xxxv) after sub-paragraph (u) insert—

“(ua) regulation 50(3) insofar as it does not relate to the import or export of goods;

(ub) regulation 51(3) insofar as it does not relate to the import or export of goods;

(uc) regulation 52(5) insofar as it does not relate to the import or export of goods;”;

(xxxvi) in sub-paragraph (v), after “regulation 53(3)” insert “insofar as it does not relate to the import or export of goods”;

(b) after paragraph (6) insert—

“(7) Any term in this regulation that is defined in Chapter 1 (Interpretation) of Part 5 (Trade) bears the same meaning as in that Chapter of that Part.”.

(1)

S.I. 2019/855, amended by S.I. 2020/590; S.I. 2020/951; S.I. 2022/123; S.I. 2022/194; S.I. 2022/195; S.I. 2022/203; S.I. 2022/205; S.I. 2022/241; S.I. 2022/395; S.I. 2022/452; S.I. 2022/477; S.I. 2022/500; S.I. 2022/792S.I. 2022/801; S.I. 2022/814; S.I. 2022/818; S.I. 2022/850, S.I. 2022/1110; S.I. 2022/1122; S.I. 2022/1331; S.I. 2023/149; S.I. 2023/440; S.I. 2023/665; S.I. 2023/713; S.I. 2023/1367, S.I. 2023/1364 and S.I. 2024/218.