PART 1General
Citation and commencementI1I51
1
These Regulations may be cited as the Burma (Sanctions) (EU Exit) Regulations 2019.
2
These Regulations come into force in accordance with regulations made under section 56 of the Act.
InterpretationI2I62
In these Regulations—
“the Act” means the Sanctions and Anti-Money Laundering Act 2018;
“arrangement” includes any agreement, understanding, scheme, transaction or series of transactions, whether or not legally enforceable (but see paragraph 12 of Schedule 1 for the meaning of that term in that Schedule);
“Burma” means the territory of the Republic of the Union of Myanmar;
“the Burma security forces” means the Tatmadaw and the Myanmar Police Force, including the Border Guard Police, and any person acting on their behalf or under their command or control;
“CEMA” means the Customs and Excise Management Act 1979 M1;
“the Commissioners” means the Commissioners for Her Majesty's Revenue and Customs;
“conduct” includes acts and omissions;
“document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include producing a copy of the information in legible form;
“the Dual-Use Regulation” means Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items;
“the EU Burma Regulation” means Council Regulation (EU) No 401/2013 of 2 May 2013 concerning restrictive measures in respect of Myanmar/Burma and repealing Regulation (EC) No 194/2008M2, as it has effect in EU law;
“the Government of Burma” includes its public bodies, corporations or agencies, or any person acting on its behalf or at its direction;
“humanitarian assistance activity” includes the work of international and non-governmental organisations carrying out relief activities in Burma for the benefit of the civilian population there;
“serious human rights violation or abuse” means a serious violation or abuse of any of the human rights specified in regulation 4;
“the Tatmadaw” means the Myanmar Armed Forces;
“trade licence” means a licence under regulation 36;
“Treasury licence” means a licence under regulation 35(1);
“United Kingdom person” has the same meaning as in section 21 of the Act.
Application of prohibitions and requirements outside the United KingdomI3I83
1
A United Kingdom person may contravene a relevant prohibition by conduct wholly or partly outside the United Kingdom.
2
Any person may contravene a relevant prohibition by conduct in the territorial sea.
3
F1In this regulation a “relevant prohibition” means any prohibition imposed—
a
by regulation 9(2) (confidential information),
b
by Part 3 (Finance),
c
by Part 5 (Trade), or
d
by a condition of a Treasury licence or a trade licence.
4
A United Kingdom person may comply, or fail to comply, with a relevant requirement by conduct wholly or partly outside the United Kingdom.
5
Any person may comply, or fail to comply, with a relevant requirement by conduct in the territorial sea.
6
F2In this regulation a “relevant requirement” means any requirement imposed—
a
by or under Part 7 (Information and records), or by reason of a request made under a power conferred by that Part, or
b
by a condition of a Treasury licence or a trade licence.
7
Nothing in this regulation is to be taken to prevent a relevant prohibition or a relevant requirement from applying to conduct (by any person) in the United Kingdom.
PurposesI4I74
The purposes of the regulations contained in this instrument that are made under section 1 of the Act are to encourage the Burma security forces to comply with international human rights law and to respect human rights, including in particular, to—
a
respect the right to life of persons in Burma, particularly in relation to the Rohingya;
b
respect the right of persons in Burma not to be subjected to forced deportation or forcible transfer from Burma, particularly in relation to the Rohingya;
c
respect the right of persons not to be subjected to torture or cruel, inhuman or degrading treatment or punishment in Burma;
d
respect the right to liberty and security, including refraining from the arbitrary arrest and detention of persons in Burma;
e
afford persons in Burma charged with criminal offences the right to a fair trial;
f
afford journalists, human rights defenders and other persons in Burma the right to freedom of expression and peaceful assembly;
g
secure the human rights of persons in Burma without discrimination, in particular in relation to discrimination on the basis of a person's sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.