Status:

This is the original version (as it was originally made).

Statutory Instruments

2019 No. 380

Exiting The European Union

The Sanctions (Amendment) (EU Exit) (No 2) Regulations 2019

Sift requirements satisfied

20th February 2019

Made

26th February 2019

Laid before Parliament

1st March 2019

Coming into force in accordance with regulation 1

The Treasury make these Regulations in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018(1).

The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

Citation and commencement

1. These Regulations may be cited as the Sanctions (Amendment) (EU Exit) (No 2) Regulations 2019 and come into force on exit day.

PART 1Amendment of EU-derived domestic legislation

Amendment of the Somalia (Asset-Freezing) Regulations 2010

2.—(1) The Somalia (Asset-Freezing) Regulations 2010(2) are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “the Council Regulation”, omit the words from “, and references to” to the end of the definition.

(3) In the Schedule, for paragraph 5(1)(f) (general power to disclose information) substitute—

“(f)for the purpose of giving assistance or co-operation to—

(i)any organ of the United Nations, or

(ii)any person in the service of the United Nations, the Council of the European Union, the European Commission or the Government of any country,

to facilitate the exercise by such organ or person of functions which correspond to functions under the Council Regulation or these Regulations;”.

Amendment of the Egypt (Asset-Freezing) Regulations 2011

3.—(1) The Egypt (Asset-Freezing) Regulations 2011(3) are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “the Council Regulation”, omit the words from “, and a reference to” to the end of the definition.

(3) In the Schedule, for paragraph 5(1)(f) (general power to disclose information) substitute—

“(f)for the purpose of giving assistance or co-operation to—

(i)any organ of the United Nations, or

(ii)any person in the service of the United Nations, the Council of the European Union, the European Commission or the Government of any country,

to facilitate the exercise by such organ or person of functions which correspond to functions under the Council Regulation or these Regulations;”.

Amendment of the Tunisia (Asset-Freezing) Regulations 2011

4.—(1) The Tunisia (Asset-Freezing) Regulations 2011(4) are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “the Council Regulation”, omit the words from “, and a reference to” to the end of the definition.

(3) In the Schedule, for paragraph 5(1)(f) (general power to disclose information) substitute—

“(f)for the purpose of giving assistance or co-operation to—

(i)any organ of the United Nations, or

(ii)any person in the service of the United Nations, the Council of the European Union, the European Commission or the Government of any country,

to facilitate the exercise by such organ or person of functions which correspond to functions under the Council Regulation or these Regulations;”.

Amendment of the Afghanistan (Asset-Freezing) Regulations 2011

5.—(1) The Afghanistan (Asset-Freezing) Regulations 2011(5) are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “the Council Regulation”, omit the words from “, and a reference to” to the end of the definition.

(3) In the Schedule, for paragraph 5(1)(f) (general power to disclose information) substitute—

“(f)for the purpose of giving assistance or co-operation to—

(i)any organ of the United Nations, or

(ii)any person in the service of the United Nations, the Council of the European Union, the European Commission or the Government of any country,

to facilitate the exercise by such organ or person of functions which correspond to functions under the Council Regulation or these Regulations;”.

Amendment of the Iraq (Asset-Freezing) Regulations 2012

6.—(1) The Iraq (Asset-Freezing) Regulations 2012(6) are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “the Council Regulation”, omit the words from “, and a reference to” to the end of the definition.

(3) In the Schedule, for paragraph 5(1)(f) (general power to disclose information) substitute—

“(f)for the purpose of giving assistance or co-operation to—

(i)any organ of the United Nations, or

(ii)the Council of the European Union, the European Commission or the Government of any country,

to facilitate the exercise by such body of functions which correspond to functions under the Council Regulation or these Regulations;”.

Amendment of the Republic of Guinea (Asset-Freezing) Regulations 2012

7.—(1) The Republic of Guinea (Asset-Freezing) Regulations 2012(7) are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “the Council Regulation”, omit the words from “, and a reference to” to the end of the definition.

(3) In the Schedule, for paragraph 5(1)(f) (general power to disclose information) substitute—

“(f)for the purpose of giving assistance or co-operation to the Council of the European Union, the European Commission or the Government of any country to facilitate the exercise by such body of functions which correspond to functions under the Council Regulation or these Regulations;”.

Amendment of the Lebanon and Syria (Asset-Freezing) Regulations 2012

8.—(1) The Lebanon and Syria (Asset-Freezing) Regulations 2012(8) are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “the Council Regulation”, omit the words from “, and a reference to” to the end of the definition.

(3) In the Schedule, for paragraph 5(1)(f) (general power to disclose information) substitute—

“(f)for the purpose of giving assistance or co-operation to—

(i)any organ of the United Nations, or

(ii)the Council of the European Union, the European Commission or the Government of any country,

to facilitate the exercise by such body of functions which correspond to functions under the Council Regulation or these Regulations;”.

Amendment of the Ukraine (European Union Financial Sanctions) Regulations 2014

9.—(1) The Ukraine (European Union Financial Sanctions) Regulations 2014(9) are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “the Council Regulation”, omit the words from “, and a reference to” to the end of the definition.

(3) In regulation 8(1)(c) (credits to a frozen account), for “rendered” to the end of that sub-paragraph substitute “enforceable in the United Kingdom”.

(4) In the Schedule, in paragraph 5 (general power to disclose information)—

(a)in sub-paragraph (2)(f), for “other Member” substitute “Member”;

(b)in sub-paragraph (3)(b), for “, pursuant to the Council Regulation” substitute “to facilitate the exercise by an authority outside the United Kingdom or by an international organisation of functions which correspond to functions under these Regulations”;

(c)in sub-paragraph (6), omit “other”.

Amendment of the Central African Republic (European Union Financial Sanctions) Regulations 2014

10.—(1) The Central African Republic (European Union Financial Sanctions) Regulations 2014(10) are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “the Council Regulation”, omit the words from “, and a reference to” to the end of the definition.

(3) In regulation 8(1)(c) (credits to a frozen account), for “rendered” to the end of that sub-paragraph substitute “enforceable in the United Kingdom.”.

(4) In the Schedule, in paragraph 5 (general power to disclose information)—

(a)in sub-paragraph (2)(f), for “other Member” substitute “Member”;

Amendment of the Sudan (European Union Financial Sanctions) Regulations 2014

11.—(1) The Sudan (European Union Financial Sanctions) Regulations 2014(11) are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “the Council Regulation”, omit the words from “, and a reference to” to the end of the definition.

(3) In regulation 8(1)(c) (credits to a frozen account), for “rendered” to the end of that sub-paragraph substitute “enforceable in the United Kingdom”.

(4) In the Schedule, in paragraph 5 (general power to disclose information)—

(a)in sub-paragraph (2)(f), for “other Member” substitute “Member”;

Amendment of the Yemen (European Union Financial Sanctions) Regulations 2014

12.—(1) The Yemen (European Union Financial Sanctions) Regulations 2014(12) are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “the Council Regulation”, omit the words from “, and a reference to” to the end of the definition.

(3) In regulation 8(1)(c) (credits to a frozen account), for “rendered” to the end of that sub-paragraph substitute “enforceable in the United Kingdom.”.

(4) In the Schedule, in paragraph 5 (general power to disclose information)—

(a)in sub-paragraph (2)(f), for “other Member” substitute “Member”;

Amendment of the Burundi (European Union Financial Sanctions) Regulations 2015

13.—(1) The Burundi (European Union Financial Sanctions) Regulations 2015(13) are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “the Council Regulation”, omit the words from “, and a reference to” to the end of the definition.

(3) In regulation 8(1)(c) (credits to a frozen account), for “rendered” to the end of that sub-paragraph substitute “enforceable in the United Kingdom.”.

(4) In the Schedule, in paragraph 5 (general power to disclose information)—

(a)in sub-paragraph (2)(f), for “other Member” substitute “Member”;

Amendment of the Republic of Mali (European Union Financial Sanctions) Regulations 2017

14.—(1) The Republic of Mali (European Union Financial Sanctions) Regulations 2017(14) are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “the Council Regulation”, omit the words from “, and a reference to” to the end of the definition.

(3) In the Schedule, in paragraph 5(3)(b) (general power to disclose information), for “, pursuant to the Council Regulation” substitute “to facilitate the exercise by an authority outside the United Kingdom or by an international organisation of functions which correspond to functions under these Regulations”.

Amendment of the Republic of Maldives (Asset-Freezing) Regulations 2018

15.—(1) The Republic of Maldives (Asset-Freezing) Regulations 2018(15) are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “the Council Regulation”, omit the words from “, and a reference to” to the end of the definition.

PART 2Amendment of subordinate legislation

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

16.—(1) The Sanctions (Amendment) (EU Exit) Regulations 2019(16) are amended as follows.

(2) In regulation 8(2)(a) (Somalia), for the definition of competent authority substitute—

“(aa)‘competent authority’, for the purpose of providing information in accordance with Article 9(1), means the Secretary of State or the Treasury, as the case may be;”.

(3) In regulation 9(2)(a) (Afghanistan), for the definition of competent authority substitute—

“(aa)‘competent authority’, for the purpose of providing information in accordance with Article 8(1), means the Secretary of State or the Treasury, as the case may be;”.

(4) In regulation 10(2)(a) (Central African Republic), for the definition of competent authority substitute—

“(aa)‘competent authority’, for the purpose of providing information in accordance with Article 11(1), means the Secretary of State or the Treasury, as the case may be;”.

(5) In regulation 11(2)(a) (Sudan), for the definition of competent authority substitute—

“(aa)‘competent authority’ means—

(i)for the purpose of Article 3, the Secretary of State;

(ii)for the purpose of providing information in accordance with Article 9(1), the Secretary of State or the Treasury, as the case may be;”.

PART 3Amendment of direct EU legislation

Amendment of Council Regulation (EC) No 1210/2003 (Iraq)

17.—(1) Council Regulation (EC) No 1210/2003, concerning certain specific restrictions on economic and financial relations with Iraq and repealing Regulation (EC) No 2465/96, is amended as follows.

(2) Omit Article 4a.

(3) In Article 5—

(a)in paragraph 2—

(i)for the words from “Article 4(3)” to “Annex V, ” substitute “regulations 4 to 7 of the Iraq (Asset-Freezing) Regulations 2012, the Treasury”;

(ii)in point (d), omit the words from “, provided” to the end of the point;

(b)omit paragraph 3.

(4) In Article 6—

(a)in paragraph 1—

(i)for the words from “Article 4” to “Annex V,” substitute “regulations 3 to 7 of the Iraq (Asset-Freezing) Regulations 2012, the Treasury”;

(ii)in point (d), for “the Member State concerned” substitute “the United Kingdom”;

(b)in paragraph 2, for “Article 4” substitute “regulations 3 to 7 of the Iraq (Asset-Freezing) Regulations 2012”.

(5) In Article 7(2)—

(a)after “Regulation” insert “or the Iraq (Asset-Freezing) Regulations 2012”;

(b)for the words from “the competent authorities indicated” to the end of the paragraph substitute “the Treasury”.

(6) In Article 8(1)—

(a)omit “and to the provisions of Article 284 of the Treaty”;

(b)in point (a)—

(i)after “this Regulation” insert “or the Iraq (Asset-Freezing) Regulations 2012”;

(ii)for the words from “in accordance with” to the end of the point substitute “, to the Treasury”;

(c)in point (b), for “the competent authorities indicated in the websites listed in Annex V” substitute “the Treasury”.

(7) In Article 9, after “this Regulation” insert “or the Iraq (Asset-Freezing) Regulations 2012”.

(8) Omit Articles 11 to 15a.

(9) In Article 16 for “the Community” and “a Member State”, in each place these words occur, substitute “the United Kingdom”.

(10) In Article 18, omit the words from “This Regulation shall be binding” to the end of the Article.

(11) Omit Annex V.

Amendment of Council Regulation (EC) No 305/2006 (Lebanon)

18.—(1) Council Regulation (EC) No 305/2006, imposing specific restrictive measures against certain persons suspected of involvement in the assassination of former Lebanese Prime Minister Rafiq Hariri, is amended as follows.

(2) Omit Article 1(6).

(3) In Article 3—

(a)in paragraph 1—

(i)for the words from “Article 2” to “Annex II,” substitute “regulations 3 to 7 of the Lebanon and Syria (Asset-Freezing) Regulations 2012, the Treasury”;

(ii)for “the Member State concerned has” substitute “the Treasury have”;

(b)omit paragraph 2.

(4) In Article 5—

(a)in paragraph 1—

(i)omit “and to the provisions of Article 284 of the Treaty”;

(ii)in point (a)—

(aa)after “this Regulation” insert “or the Lebanon and Syria (Asset-Freezing) Regulations 2012”;

(bb)for the words from “in accordance with” to the end of the point substitute “, to the Treasury”.

(iii)in point (b), for “the competent authorities listed in Annex II” substitute “the Treasury”;

(b)omit paragraph 2.

(5) In Article 6, after “this Regulation” insert “or the Lebanon and Syria (Asset-Freezing) Regulations 2012”.

(6) Omit Articles 7 to 9.

(7) In Article 10, for “the Community” and “a Member State”, in each place these words occur, substitute “the United Kingdom”.

(8) In Article 11, omit the words from “This Regulation shall be binding” to the end of the Article.

(9) Omit Annex II.

Amendment of Council Regulation (EU) No 1284/2009 (Republic of Guinea)

19.—(1) Council Regulation (EU) No 1284/2009, imposing certain specific restrictive measures in respect of the Republic of Guinea, is amended as follows.

(2) Omit Article 1(h).

(3) Omit Article 6(3).

(4) Omit Article 7.

(5) In Article 8—

(a)in paragraph 1—

(i)for the words from “Article 6” to “Annex III” substitute “regulations 3 to 7 of the Republic of Guinea (Asset-Freezing) Regulations 2012, the Treasury”;

(ii)in point (d), omit the words from “, provided” to the end of the point;

(b)omit paragraph 2.

(6) In Article 9—

(a)in paragraph 1—

(i)for the words from “Article 6” to “Annex III” substitute “regulations 3 to 7 of the Republic of Guinea (Asset-Freezing) Regulations 2012, the Treasury”;

(ii)in point (a), for “Article 6” substitute “Annex II”;

(iii)in point (d), for “Member State concerned” substitute “United Kingdom”;

(b)omit paragraph 2.

(7) In Article 11, after “this Regulation” insert “or the Republic of Guinea (Asset-Freezing) Regulations 2012”.

(8) In Article 12—

(a)in paragraph 1—

(i)in point (a)—

(aa)after “this Regulation” insert “or the Republic of Guinea (Asset-Freezing) Regulations 2012”;

(bb)for the words from “in accordance with” to the end of the point substitute “, to the Treasury”;

(ii)in point (b), for “that competent authority” substitute “the Treasury”;

(b)omit paragraph 2.

(9) Omit Articles 13 to 17.

(10) In Article 18, for “the Union” and “a Member State”, in each place these words occur, substitute “the United Kingdom”.

(11) In Article 19, omit the words from “This Regulation shall be binding” to the end of the Article.

(12) Omit Annex III.

Amendment of Council Regulation (EU) No. 356/2010 (Somalia)

20.—(1) Council Regulation (EU) No 356/2010, imposing certain specific restrictive measures directed against certain natural or legal persons, entities or bodies, in view of the situation in Somalia, is amended as follows.

(2) In Article 2—

(a)omit paragraph 3;

(b)omit paragraph 5.

(3) In Article 5—

(a)in paragraph 1—

(i)for the words from “Article 2” to “Annex II,” substitute “regulations 3 to 7 of the Somalia (Asset-Freezing) Regulations 2010, the Treasury”;

(ii)in point (a), for “the competent authority concerned has” substitute “the Treasury have”;

(iii)in point (b)—

(aa)for “the Member State concerned has” substitute “the Treasury have”;

(bb)for “its” substitute “their”;

(b)in paragraph 2—

(i)for the words from “Article 2” to “Annex II,” substitute “regulations 3 to 7 of the Somalia (Asset-Freezing) Regulations 2010, the Treasury”;

(ii)for “the Member State concerned” substitute “the Treasury”;

(c)omit paragraph 3.

(4) In Article 6—

(a)for the words from “Article 2” to “Annex II,” substitute “regulations 3 to 7 of the Somalia (Asset-Freezing) Regulations 2010, the Treasury”;

(b)in point (a), for “Article 2” substitute “Annex I”;

(c)in point (d), for “the Member State concerned” substitute “the United Kingdom”;

(d)in point (e), for “the Member State” substitute “the Treasury”.

(5) In Article 7, after “this Regulation” insert “or the Somalia (Asset-Freezing) Regulations 2010”.

(6) In Article 9(1)(a)—

(a)after “this Regulation” insert “or the Somalia (Asset-Freezing) Regulations 2010”;

(b)omit “in accordance with Article 2”.

Amendment of Council Regulation (EU) No 270/2011 (Egypt)

21.—(1) Council Regulation (EU) No 270/2011, concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt, is amended as follows.

(2) Omit Article 1(e).

(3) Omit Article 3.

(4) In Article 4—

(a)in paragraph 1—

(i)for the words from “Article 2” to “Annex II,” substitute “regulations 3 to 7 of the Egypt (Asset-Freezing) Regulations 2011, the Treasury”;

(ii)in point (d), omit the words from “, provided” to the end of the point;

(b)omit paragraph 2.

(5) In Article 5—

(a)in paragraph 1, for the words from “Article 2” to “Annex II,” substitute “regulations 3 to 7 of the Egypt (Asset-Freezing) Regulations 2011, the Treasury”;

(b)in paragraph 1—

(i)in point (a)—

(aa)for “Article 2” substitute “Annex I”;

(bb)for “the Union” substitute “the United Kingdom”;

(cc)for “the Member State concerned” substitute “the United Kingdom”;

(ii)in point (d), for “the Member State concerned” substitute “the United Kingdom”;

(c)omit paragraph 2.

(6) In Article 7—

(a)for “Article 2” substitute “regulations 3 to 7 of the Egypt (Asset-Freezing) Regulations 2011”;

(b)for “the competent authorities of the Member States, as indicated on the websites listed in Annex II,” substitute “the Treasury”;

(c)in point (a)—

(i)for “the competent authority concerned has” substitute “the Treasury have”;

(ii)in point (ii), for “Article 2(2)” substitute “regulations 4 to 7 of the Egypt (Asset-Freezing) Regulations 2011”;

(d)omit point (b).

(7) In Article 8—

(a)in paragraph 1, after “this Regulation” insert “or the Egypt (Asset-Freezing) Regulations 2011”;

(b)omit paragraph 2.

(8) In Article 9—

(a)in paragraph 1—

(i)in point (a)—

(aa)after “this Regulation” insert “or the Egypt (Asset-Freezing) Regulations 2011”;

(bb)omit “in accordance with Article 2(1)”;

(cc)for the words from “the competent authority” to the end of the point substitute “the Treasury”;

(ii)in point (b), for “that competent authority” substitute “the Treasury”;

(b)in paragraph 3—

(i)for “Member States” substitute “the Treasury”;

(ii)omit “their”;

(iii)omit “other”.

(9) Omit Articles 10 to 14.

(10) In Article 15, for “the Union” and “a Member State”, in each place these words occur, substitute “the United Kingdom”.

(11) In Article 16, omit the words from “This Regulation shall be binding” to the end of the Article.

(12) Omit Annex II.

Amendment of Council Regulation (EU) No 753/2011 (Afghanistan)

22.—(1) Council Regulation (EU) No 753/2011, concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan, is amended as follows.

(2) In Article 5—

(a)in paragraph 1—

(i)for the words from “Article 3” to “Annex II,” substitute “regulations 3 to 7 of the Afghanistan (Asset-Freezing) Regulations 2011, the Treasury”;

(ii)for “the Member State concerned has” substitute “the Treasury have”;

(b)in paragraph 2—

(i)for the words from “Article 3” to “Annex II,” substitute “regulations 3 to 7 of the Afghanistan (Asset-Freezing) Regulations 2011, the Treasury”;

(ii)for “the Member State concerned” substitute “the Treasury”;

(c)in paragraph 3—

(i)in the first subparagraph—

(aa)for “the relevant competent authority of the Member State as listed in Annex II” substitute “the Treasury”;

(ii)in the second subparagraph, for the words “The competent authority listed in Annex II” substitute “The Treasury”;

(iii)omit the third subparagraph;

(d)in paragraph 4—

(i)for “Union” substitute “United Kingdom”;

(ii)for “Article 3” substitute “the Afghanistan (Asset-Freezing) Regulations 2011”;

(e)in paragraph 5—

(i)for the words from “the competent authorities” to “Annex II” substitute “the Treasury”;

(ii)at the end, insert “, subject to subsequent variation or revocation under regulation 9 of the Afghanistan (Asset-Freezing) Regulations 2011”.

(3) In Article 7—

(a)in paragraph 1, after “this Regulation” insert “or the Afghanistan (Asset-Freezing) Regulations 2011”;

(b)omit paragraph 2.

(4) In Article 8, omit “in accordance with Article 3”.

Amendment of Council Regulation (EU) No 101/2011 (Tunisia)

23.—(1) Council Regulation (EU) No 101/2011, concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia, is amended as follows.

(2) Omit Article 1(e).

(3) Omit Article 3.

(4) In Article 4—

(a)in paragraph 1—

(i)for the words from “Article 2” to “Annex II,” substitute “regulations 3 to 7 of the Tunisia (Asset-Freezing) Regulations 2011, the Treasury”;

(ii)in point (d), omit the words from “, provided” to the end of the point;

(b)omit paragraph 2.

(5) In Article 5—

(a)in paragraph 1, for the words from “Article 2” to “Annex II,” substitute “regulations 3 to 7 of the Tunisia (Asset-Freezing) Regulations 2011, the Treasury”;

(b)in paragraph 1—

(i)in point (a)—

(aa)for “Article 2” substitute “Annex I”;

(bb)for “in the Union” substitute “in the United Kingdom”;

(cc)for “in the Member State concerned” substitute “in the United Kingdom”;

(ii)in point (d), for “in the Member State concerned” substitute “in the United Kingdom”;

(c)omit paragraph 2.

(6) In Article 7—

(a)for “Article 2” substitute “regulations 3 to 7 of the Tunisia Asset-Freezing Regulations 2011”;

(b)for “the competent authorities of the Member States, as indicated on the websites listed in Annex II,”, substitute “the Treasury”;

(c)in point (a)—

(i)for “the competent authority concerned has” substitute “the Treasury have”;

(ii)in point (ii), for “Article 2(2)” substitute “regulations 4 to 7 of the Tunisia (Asset-Freezing) Regulations 2011”;

(d)omit point (b).

(7) In Article 8—

(a)in paragraph 1, after “this Regulation” insert “or the Tunisia (Asset-Freezing) Regulations 2011”;

(b)omit paragraph 2.

(8) In Article 9—

(a)in paragraph 1—

(i)in point (a)—

(aa)after “this Regulation” insert “or the Tunisia (Asset-Freezing) Regulations 2011”;

(bb)omit “in accordance with Article 2”;

(cc)for the words from “the competent authority” to the end of the point substitute “the Treasury”;

(ii)in point (b), for “that competent authority” substitute “the Treasury”.

(b)in paragraph 3—

(i)for “Member States” substitute “the Treasury”;

(ii)omit “their”;

(iii)omit “other”.

(9) Omit Articles 10 to 14.

(10) In Article 15, for “the Union” and “a Member State”, in each place these words occur, substitute “the United Kingdom”.

(11) In Article 16, omit the words from “This Regulation shall be binding” to the end of the Article.

(12) Omit Annex II.

Amendment of Council Regulation (EU) No 36/2012 (Syria)

24.—(1) In Article 29(1)—

(a)in point (a), for the words “the competent authority” to the end of the point substitute “the Secretary of State”;

(b)in point (b), for “that competent authority” substitute “the Secretary of State”.

(2) Omit Articles 30 to 34.

(3) In Article 35, for “the Union” and “a Member State”, in each place these words occur, substitute “the United Kingdom”.

(4) In Article 37, omit the words from “This Regulation shall be binding” to the end of the Article.

(5) Omit Annex II.

Amendment of Council Regulation (EU) No 208/2014 (Ukraine)

25.—(1) Council Regulation (EU) No 208/2014, concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, is amended as follows.

(2) In Article 1, omit points (c) and (h).

(3) Omit Article 3.

(4) In Article 4—

(a)in paragraph 1—

(i)for “Article 2, the competent authorities of the Member States” substitute “regulations 3 to 7 of the Ukraine (European Union Financial Sanctions) Regulations 2014(17), the Treasury”;

(ii)in point (d), omit the words from “, provided” to the end of the point;

(b)omit paragraph 2.

(5) In Article 5—

(a)in paragraph 1—

(i)for “Article 2, the competent authorities of the Member States” substitute “regulations 3 to 7 of the Ukraine (European Union Financial Sanctions) Regulations 2014”;

(ii)in point (a)—

(aa)for “Article 2” substitute “Annex I”;

(bb)for “the Union” substitute “the United Kingdom”;

(cc)for “the Member State concerned” substitute “the United Kingdom”;

(iii)in point (d), for “the Member State concerned” substitute “the United Kingdom”;

(b)omit paragraph 2.

(6) In Article 6—

(a)in paragraph 1—

(i)for “Article 2” substitute “regulations 3 to 7 of the Ukraine (European Union Financial Sanctions) Regulations 2014”;

(ii)for “the competent authorities of the Member States” substitute “the Treasury”;

(iii)for “the competent authority concerned has” substitute “the Treasury have”;

(iv)in point (b), for “Article 2(2)” substitute “regulations 4 to 7 of the Ukraine (European Union Financial Sanctions) Regulations 2014”.

(b)omit paragraph 2.

(7) In Article 8—

(a)in paragraph 1—

(i)in point (a)—

(aa)after “this Regulation” insert “or the Ukraine (European Union Financial Sanctions) Regulations 2014”;

(bb)for the words from “in accordance with” to the end of the point substitute “, to the Treasury”;

(ii)in point (b), for “the competent authority” substitute “the Treasury”;

(b)omit paragraph 2;

(c)in paragraph 4—

(i)for “Member States” substitute “the Treasury”;

(ii)omit “their”;

(iii)omit “other”.

(8) In Article 10—

(a)in paragraph 1, after “this Regulation” insert “or the Ukraine (European Union Financial Sanctions) Regulations 2014”;

(b)omit paragraph 2.

(9) In Article 11—

(a)in paragraph 1, after “this Regulation” insert “or the Ukraine (European Union Financial Sanctions) Regulations 2014”;

(b)in paragraph 3—

(i)for “judicial review of” substitute “challenge”;

(ii)omit “in accordance with this Regulation”.

(10) Omit Articles 12 to 16.

(11) In Article 17, for “the Union” and “a Member State”, in each place these words occur, substitute “the United Kingdom”.

(12) In Article 18, omit the words from “This Regulation shall be binding” to the end of the Article.

(13) Omit Annex II.

Amendment of Council Regulation (EU) No 224/2014 (Central African Republic)

26.—(1) Council Regulation (EU) No 224/2014, concerning restrictive measures in view of the situation in the Central African Republic, is amended as follows.

(2) Omit Article 5(3).

(3) In Article 6—

(a)for “Article 5, the competent authorities of the Member States” substitute “regulations 3 to 7 of the Central African Republic (European Union Financial Sanctions) Regulations 2014, the Treasury”;

(b)in point (a), for “the competent authority concerned has” substitute “the Treasury have”;

(c)in point (b)—

(i)for “the Member State concerned has” substitute “the Treasury have”;

(ii)for “its” substitute “their”.

(4) In Article 7—

(b)for “the competent authority concerned has” substitute “the Treasury have”;

(c)for “the Member State concerned has” substitute “the Treasury have”.

(5) In Article 8—

(b)in point (a), for “Article 5” substitute “Annex I”;

(c)in point (d), for “the Member State concerned” substitute “the United Kingdom”; and

(d)in point (e), for “the Member State” substitute “the Treasury”.

(6) In Article 9—

(a)for “Article 5” substitute “regulations 3 to 7 of the Central African Republic (European Union Financial Sanctions) Regulations 2014;

(b)for “the competent authorities of the Member States” substitute “the Treasury”;

(c)for “the competent authority concerned has” substitute “the Treasury have”;

(d)in point (b), for “Article 5(2)” substitute “regulations 4 to 7 of the Central African Republic (European Union Financial Sanctions) Regulations 2014”;

(e)in point (c), for “relevant Member State” substitute “Treasury”.

(7) In Article 11(1)(a)—

(a)after “this Regulation” insert “or the Central African Republic (European Union Financial Sanctions) Regulations 2014”;

(b)omit “in accordance with Article 5”.

(8) In Article 12, for “Articles 2 and 5” substitute “Article 2”.

(9) In Article 13—

(a)in paragraph 1, after “this Regulation” insert “or the Central African Republic (European Union Financial Sanctions) Regulations 2014”;

(b)omit paragraph 2.

(10) In Article 14—

(a)in paragraph 1, after “this Regulation” insert “or the Central African Republic (European Union Financial Sanctions) Regulations 2014”;

(b)in paragraph 3—

(i)for “judicial review of” substitute “challenge”;

(ii)omit “in accordance with this Regulation”.

Amendment of Council Regulation (EU) No 747/2014 (Sudan)

27.—(1) Council Regulation (EU) No 747/2014, concerning restrictive measures in view of the situation in Sudan and repealing Regulations (EC) No 131/2004 and (EC) No 1184/2005, is amended as follows.

(2) Omit Article 5(3).

(3) In Article 6—

(a)in paragraph 1—

(i)for “Article 5, the competent authorities of the Member States” substitute “regulations 3 to 7 of the Sudan (European Union Financial Sanctions) Regulations 2014, the Treasury”;

(ii)in point (a), for “the competent authority concerned has” substitute “the Treasury have”;

(iii)in point (b)—

(aa)for “the Member State concerned has” substitute “the Treasury have”;

(bb)for “its” substitute “their”;

(b)in paragraph 2—

(i)for “Article 5, the competent authorities of the Member States” substitute “regulations 3 to 7 of the Sudan (European Union Financial Sanctions) Regulations 2014, the Treasury”;

(ii)for “the Member State concerned has” substitute “the Treasury have”.

(4) In Article 7—

(a)for “Article 5, the competent authorities of the Member States” substitute “regulations 3 to 7 of the Sudan (European Union Financial Sanctions) Regulations 2014, the Treasury”;

(b)in point (a), for “Article 5” substitute “Annex I”;

(c)in point (d), for “the Member State concerned” substitute “the United Kingdom”; and

(d)in point (e), for “the Member State” substitute “the Treasury”.

(5) In Article 9(1)(a)—

(a)after “this Regulation” insert “or regulations 3 to 7 of the Sudan (European Union Financial Sanctions) Regulations 2014”;

(b)omit “in accordance with Article 5”.

(6) In Article 10, for “Articles 2 and 5” substitute “Article 2”.

(7) In Article 11—

(a)in paragraph 1, after “this Regulation” insert “or the Sudan (European Union Financial Sanctions) Regulations 2014”;

(b)omit paragraph 2.

(8) In Article 12—

(a)in paragraph 1, after “this Regulation” insert “or the Sudan (European Union Financial Sanctions) Regulations 2014”;

(b)in paragraph 3—

(i)for “judicial review of” substitute “challenge”;

(ii)omit “in accordance with this Regulation”.

Amendment of Council Regulation (EU) No 1352/2014 (Yemen)

28.—(1) Council Regulation (EU) No 1352/2014, concerning restrictive measures in view of the situation in Yemen, is amended as follows.

(2) In Article 1, omit points (c) and (i).

(3) Omit Article 3.

(4) In Article 4—

(a)for “Article 2, the competent authorities of the Member States” substitute “regulations 3 to 7 of the Yemen (European Union Financial Sanctions) Regulations 2014, the Treasury”;

(b)in point (a), for “the competent authority concerned has” substitute “the Treasury have”;

(c)in point (b)—

(i)for “the Member State concerned has” substitute “the Treasury have”;

(ii)for “its” substitute “their”.

(5) In Article 5—

(a)for “Article 2, the competent authorities in the Member States” substitute “regulations 3 to 7 of the Yemen (European Union Financial Sanctions) Regulations 2014, the Treasury”;

(b)for “the competent authority concerned has” substitute “the Treasury have”;

(c)for “the Member State concerned has” substitute “the Treasury have”.

(6) In Article 6—

(a)for “Article 2, the competent authorities in the Member States” substitute “regulations 3 to 7 of the Yemen (European Union Financial Sanctions) Regulations 2014, the Treasury”;

(b)in point (a), for “Article 2” substitute “Annex I”;

(c)in point (d), for “the Member State concerned” substitute “the United Kingdom”;

(d)in point (e), for “the Member State concerned” substitute “the Treasury”.

(7) In Article 7—

(a)for “Article 2” substitute “regulations 3 to 7 of the Yemen (European Union Financial Sanctions) Regulations 2014”;

(b)for “the competent authorities of the Member States” substitute “the Treasury”;

(c)for “the competent authority concerned has” substitute “the Treasury have”;

(d)in point (b), for “Article 2(2)” substitute “regulations 4 to 7 of the Yemen (European Union Financial Sanctions) Regulations 2014”;

(e)in point (c), for “the relevant Member State” substitute “the Treasury”.

(8) In Article 9—

(a)in paragraph 1—

(i)in point (a)—

(aa)after “this Regulation” insert “or the Yemen (European Union Financial Sanctions) Regulations 2014”;

(bb)for the words from “in accordance with” to the end of the point substitute “, to the Treasury”;

(ii)in point (b), for “the competent authority” substitute “the Treasury”;

(b)omit paragraph 2.

(9) In Article 11—

(a)in paragraph 1, after “this Regulation” insert “or the Yemen (European Union Financial Sanctions) Regulations 2014”;

(b)omit paragraph 2.

(10) In Article 12—

(a)in paragraph 1, after “this Regulation” insert “or the Yemen (European Union Financial Sanctions) Regulations 2014”;

(b)in paragraph 3—

(i)for “judicial review of” substitute “challenge”;

(ii)omit “in accordance with this Regulation”.

(11) Omit Articles 13 to 17.

(12) In Article 18, for “the Union” and “a Member State”, in each place these words occur, substitute “the United Kingdom”.

(13) In Article 19, omit the words from “This Regulation shall be binding” to the end of the Article.

(14) Omit Annex II.

Amendment of Council Regulation (EU) No 2015/1755 (Burundi)

29.—(1) Council Regulation (EU) No 2015/1755, concerning restrictive measures in view of the situation in Burundi, is amended as follows.

(2) In Article 1, omit points (c) and (h).

(3) Omit Article 2(3).

(4) In Article 3—

(a)in paragraph 1—

(i)for “Article 2, the competent authorities of the Member States” substitute “regulations 3 to 7 of the Burundi (European Union Financial Sanctions) Regulations 2015, the Treasury”;

(ii)in point (d), omit the words from “, provided” to the end of the point;

(b)omit paragraph 2.

(5) In Article 4—

(a)in paragraph 1—

(i)for “Article 2(1), the competent authorities of the Member States” substitute “regulation 3 of the Burundi (European Union Financial Sanctions) Regulations 2015, the Treasury”;

(ii)in point (a)—

(aa)for “in the Union” substitute “in the United Kingdom”;

(bb)for “in the Member State concerned” substitute “in the United Kingdom”;

(iii)in point (d), for “the Member State concerned” substitute “the United Kingdom”;

(b)omit paragraph 2.

(6) In Article 5—

(a)in paragraph 1—

(i)for “Article 2(1)” substitute “regulation 3 of the Burundi (European Union Financial Sanctions) Regulations 2015”;

(ii)for “the competent authorities of the Member States” substitute “the Treasury”;

(iii)for “the competent authority concerned has” substitute “the Treasury have”;

(iv)in point (b), for “Article 2(2)” substitute “regulations 4 to 7 of the Burundi (European Union Financial Sanctions) Regulations 2015”;

(b)omit paragraph 2.

(7) In Article 7—

(a)in paragraph 1—

(i)in point (a)—

(aa)after “this Regulation” insert “or the Burundi (European Union Financial Sanctions) Regulations 2015”;

(bb)for the words from “in accordance with” to the end of the point substitute “, to the Treasury”;

(ii)in point (b) for “the competent authority” substitute “the Treasury”;

(b)omit paragraph 2.

(8) In Article 9—

(a)in paragraph 1, after “this Regulation” insert “or the Burundi (European Union Financial Sanctions) Regulations 2015”;

(b)omit paragraph 2.

(9) In Article 10—

(a)in paragraph 1, after “this Regulation” insert “or the Republic of Burundi (European Union Financial Sanctions) Regulations 2015”;

(b)in paragraph 3—

(i)for “judicial review of” substitute “challenge”;

(ii)omit “in accordance with this Regulation”.

(10) Omit Articles 11 to 16.

(11) In Article 17, for “the Union” and “a Member State”, in each place these words occur, substitute “the United Kingdom”.

(12) In Article 18, omit the words from “This Regulation shall be binding” to the end of the Article.

(13) Omit Annex II.

Amendment of Council Regulation (EU) No 2017/1770 (Mali)

30.—(1) Council Regulation (EU) No 2017/1770, concerning restrictive measures in view of the situation in Mali is amended as follows.

(2) In Article 1, omit points (c) and (i).

(3) In Article 2, omit paragraphs 3 to 5.

(4) In Article 3—

(a)in paragraph 1—

(i)for “Article 2, the competent authorities of the Member States” substitute “regulations 3 to 7 of the Republic of Mali (European Union Financial Sanctions) Regulations 2017, the Treasury”;

(ii)for “the competent authority of the Member State concerned has” substitute “the Treasury have”;

(iii)for “its” substitute “their”;

(b)in paragraph 2—

(i)for “Article 2, the competent authorities of the Member States” substitute “regulations 3 to 7 of the Republic of Mali (European Union Financial Sanctions) Regulations 2017, the Treasury”;

(ii)for “the competent authority of the Member State concerned” substitute “the Treasury;

(c)in paragraph 3, for “Article 2, the competent authorities of the Member States” substitute “regulations 3 to 7 of the Republic of Mali (European Union Financial Sanctions) Regulations 2017, the Treasury”;

(d)omit paragraph 4.

(5) In Article 4—

(a)in paragraph 1—

(i)for “Article 2, the competent authorities in the Member States” substitute “regulations 3 to 7 of the Republic of Mali (European Union Financial Sanctions) Regulations, the Treasury”;

(ii)in point (a), for “Article 2” substitute “Annex I”;

(iii)in point (d), for “in the Member State concerned” substitute “the United Kingdom”;

(iv)in point (e), for “the Member State” substitute “the Treasury”;

(b)omit paragraph 2.

(6) In Article 5—

(a)in paragraph 1—

(i)for “Article 2” substitute “regulations 3 to 7 of the Republic of Mali (European Union Financial Sanctions) Regulations 2017”;

(ii)for “the competent authorities of the Member States” substitute “the Treasury”;

(iii)for “the competent authority concerned has” substitute “the Treasury have”;

(iv)in point (b), for “Article 2(2)” substitute “regulations 4 to 7 of the Republic of Mali (European Union Financial Sanctions) Regulations 2017”;

(v)in point (c), for “relevant Member State” substitute “the Treasury”;

(b)omit paragraph 2.

(7) In Article 7—

(a)in paragraph 1—

(i)in point (a)—

(aa)after “this Regulation” insert “or the Republic of Mali (European Union Financial Sanctions) Regulations 2017”;

(bb)for the words from “in accordance with” to the end of the point substitute “, to the Treasury”;

(ii)in point (b), for “the competent authority” substitute “the Treasury”;

(b)omit paragraph 2.

(8) In Article 9—

(a)in paragraph 1, after “this Regulation” insert “or the Republic of Mali (European Union Financial Sanctions) Regulations 2017”;

(b)omit paragraph 2.

(9) In Article 10—

(a)in paragraph 1, after “this Regulation” insert “or the Republic of Mali (European Union Financial Sanctions) Regulations 2017”;

(b)in paragraph 3—

(i)for “judicial review of” substitute “challenge”;

(ii)omit “in accordance with this Regulation”.

(10) Omit Articles 11 to 14.

(11) In Article 15, for “the Union” and “a Member State”, in each place these words occur, substitute “the United Kingdom”.

(12) In Article 16, omit the words from “This Regulation shall be binding” to the end of the Article.

(13) Omit Annex II.

Amendment of Council Regulation (EU) No 2018/1001 (Republic of Maldives)

31.—(1) Council Regulation (EU) No 2018/1001, concerning restrictive measures in view of the situation in the Republic of Maldives, is amended as follows.

(2) In Article 1, omit points (c) and (h).

(3) Omit Article 2(3).

(4) In Article 3—

(a)in paragraph 1—

(i)for “Article 2, the competent authorities of the Member States” substitute “regulations 3 to 7 of the Republic of Maldives (Asset-Freezing) Regulations 2018, the Treasury”;

(ii)in point (d), omit the words from “, provided” to “prior to authorisation”;

(b)omit paragraph 2.

(5) In Article 4—

(a)in paragraph 1—

(i)for “Article 2(1), the competent authorities of the Member States” substitute “regulation 3 of the Republic of Maldives (Asset-Freezing) Regulations 2018, the Treasury”;

(ii)in point (a)—

(aa)for “the Union” substitute “the United Kingdom”;

(bb)for “the Member State concerned” substitute “the United Kingdom”;

(iii)in point (d), for “the Member State concerned” substitute “the United Kingdom”;

(b)omit paragraph 2.

(6) In Article 5—

(a)in paragraph 1—

(i)for “Article 2(1)” substitute “regulation 3 of the Republic of Maldives (Asset-Freezing) Regulations 2018”;

(ii)for “the competent authorities of the Member States may” substitute “the Treasury”;

(iii)for “the competent authority concerned has” substitute “the Treasury have”;

(iv)in point (b), for “Article 2(2)” substitute “regulations 4 to 7 of the Republic of Maldives (Asset-Freezing) Regulations 2018”;

(b)omit paragraph 2.

(7) In Article 7—

(a)in paragraph 1—

(i)in point (a)—

(aa)after “this Regulation” insert “or the Republic of Maldives (Asset-Freezing) Regulations 2018”;

(bb)for the words from “in accordance with” to the end of the point substitute “, to the Treasury”;

(ii)in point (b), for “the competent authority” substitute “the Treasury”;

(b)omit paragraph 2.

(8) In Article 9—

(a)in paragraph 1, after “this Regulation” insert “or the Republic of Maldives (Asset-Freezing) Regulations 2018”;

(b)omit paragraph 2.

(9) In Article 10—

(a)in paragraph 1, after “this Regulation” insert “or the Republic of Maldives (Asset-Freezing) Regulations 2018”;

(b)in paragraph 3—

(i)for “judicial review of” substitute “challenge”;

(ii)omit “in accordance with this Regulation”.

(10) Omit Articles 11 to 16.

(11) In Article 17, for “the Union” and “a Member State”, in each place these words occur, substitute “the United Kingdom”.

(12) In Article 18, omit the words from “This Regulation shall be binding” to the end of the Article.

(13) Omit Annex II.

Alan Duncan

Minister of State

Foreign and Commonwealth Office

26th February 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c.16) (“the 2018 Act”) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a) and (g) of that Act) arising from the withdrawal of the UK from the European Union.

These Regulations make amendments to legislation in the field of sanctions. In particular they amend three categories of retained EU law. Part 1 of these Regulations amends EU-derived domestic legislation, namely regulations made under section 2(2) of the European Communities Act 1972 (c.68) to implement and enforce asset-freeze regimes contained in EU Council Regulations. Part 2 of these Regulations amends certain provisions of the Sanctions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/26) that were made under the 2018 Act to address deficiencies in direct EU legislation that implements both arms embargo and financial sanctions measures, notably in respect of the following counties; Afghanistan, the Central African Republic, Somalia and Sudan.

Part 3 of these Regulations amends certain direct EU legislation, predominantly relating to financial sanctions measures, namely those parts of certain EU Council Regulations which will become retained EU law on exit day as a consequence of the 2018 Act. The amendments made by Parts 1 and 3 of these Regulations, when taken together, ensure that certain financial sanctions measures can continue to be implemented and enforced in the United Kingdom post-exit day in respect of the following countries; Afghanistan, Burundi, the Central African Republic, Egypt, the Republic of Guinea, Iraq, Lebanon and Syria (in relation to the 14 February 2005 terrorist bombing of Beirut), the Republic of Maldives, Mali, Somalia, Sudan, Tunisia, Ukraine and Yemen. Part 3 of these Regulations also amends the direct EU legislation relating to Syria to ensure that the prohibitions in relation to certain cultural property goods, as required by UN Security Council Resolution 2199 (2015), will continue to be implemented and enforced in the United Kingdom post-exit day.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

(1)

2018 c. 16.

(2)

S.I. 2010/2956; amended by S.I. 2013/472, 2013/534, 2017/560, 2017/754, 2018/682 and 2018/1149.

(3)

S.I. 2011/887; amended by S.I. 2013/472, 2013/534, 2017/560, 2017/754, 2018/682 and 2018/1149.

(4)

S.I. 2011/888: amended by S.I. 2013/472, 2013/534, 2017/560, 2017/754, 2018/682 and 2018/1149.

(5)

S.I. 2011/1893; amended by S.I. 2013/472, 2013/534. 2017/560, 2017/754, 2018/682 and 2018/1149.

(6)