- Latest available (Revised)
- Point in Time (25/03/2019)
- Original (As made)
Point in time view as at 25/03/2019. This version of this part contains provisions that are not valid for this point in time.
There are currently no known outstanding effects for the The South Sudan (Sanctions) (EU Exit) Regulations 2019, PART 10 .
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Valid from 31/12/2020
64.—(1) This regulation applies in relation to a notice required by regulation 35 (licences: general provisions) to be given to a person.
(2) The notice may be given to an individual—
(a)by delivering it to the individual,
(b)by sending it to the individual by post addressed to the individual at his or her usual or last-known place of residence or business, or
(c)by leaving it for the individual at that place.
(3) The notice may be given to a person other than an individual—
(a)by sending it by post to the proper officer of the body at its principal office, or
(b)by addressing it to the proper officer of the body and leaving it at that office.
(4) The notice may be given to the person by other means, including by electronic means, with the person's consent.
(5) In this regulation, the reference in paragraph (3) to a “principal office”—
(a)in relation to a registered company, is to be read as a reference to the company's registered office;
(b)in relation to a body incorporated or constituted under the law of a country other than the United Kingdom, includes a reference to the body's principal office in the United Kingdom (if any).
(6) In this regulation—
“proper officer”—
in relation to a body other than a partnership, means the secretary or other executive officer charged with the conduct of the body's general affairs, and
in relation to a partnership, means a partner or a person who has the control or management of the partnership business;
“registered company” means a company registered under the enactments relating to companies for the time being in force in the United Kingdom.
Commencement Information
I1Reg. 64 not in force at made date, see reg. 1(2)
65. Article 20 of the Export Control Order 2008 (embargoed destinations) is not to be taken to prohibit anything prohibited by Part 5 (Trade).
Commencement Information
I2Reg. 65 not in force at made date, see reg. 1(2)
66. A person is not to be taken to commit an offence under the Export Control Order 2008 if the person would, in the absence of this regulation, commit an offence under both—
(a)article 34, 37 or 38 of that Order, and
(b)any provision of Part 5 (Trade) or regulation 37 (trade: licensing offences), 45(6) or 46(5) (information offences in connection with general trade licences).
Commencement Information
I3Reg. 66 not in force at made date, see reg. 1(2)
67.—(1) Council Regulation (EU) No 2015/735 of 7 May 2015, concerning restrictive measures in respect of the situation in South Sudan and repealing Regulation (EU) No 748/2014 is revoked.
(2) The South Sudan (European Union Financial Sanctions) (No. 2) Regulations 2015 M1 are revoked.
Commencement Information
I4Reg. 67 not in force at made date, see reg. 1(2)
Marginal Citations
M1S.I. 2015/1361 as amended by S.I. 2017/560; S.I. 2017/754; S.I. 2018/682 and S.I. 2018/1149.
68.—(1) M2The Export Control (Sudan, South Sudan and Central African Republic Sanctions) Regulations 2014 are amended as follows—
(a)in regulation 3—
(i)in paragraph (1)—
(aa)in the definition of “EU authorisation”, omit “or Article 3 of the South Sudan Regulation”.
[F1(bb)omit the definition of “the South Sudan Regulation”;]
[F2(ii)omit paragraphs (4) and (5).]
(b)in the heading to Part 2, for “and the South Sudan Regulations” substitute “ Regulation ”;
(c)regulation 5 is omitted;
(d)in regulation 7(a), omit “, Article 2 of the South Sudan Regulation”;
(e)in paragraphs (2) and (3)(a) of regulation 11, omit “, the South Sudan Regulation”.
(2) In the Schedule to the United Nations and European Union Financial Sanctions (Linking) Regulations 2017 M3, omit the following row from the table—
“United Nations Security Council Resolution 2206 (2015) | Council Regulation (EU) 2015/735 of 7th May 2015 concerning restrictive measures in respect of the situation in South Sudan, and repealing Regulation (EU) No. 748/2014.” |
Textual Amendments
F1Reg. 68(1)(a)(i)(bb) substituted (1.10.2019) by The Export Control (Sanctions) (Amendment) Order 2019 (S.I. 2019/1236), arts. 1(2), 8(a)
F2Reg. 68(1)(a)(ii) substituted (1.10.2019) by The Export Control (Sanctions) (Amendment) Order 2019 (S.I. 2019/1236), arts. 1(2), 8(b)
Commencement Information
I5Reg. 68 not in force at made date, see reg. 1(2)
Marginal Citations
M2S.I. 2014/3258, as amended by S.I. 2015/97 and S.I. 2015/1546.
M3S.I. 2017/478, to which there are amendments not relevant to these Regulations.
69.—(1) Paragraphs (2) to (4) apply to a licence which—
(a)was granted, or deemed to be granted, by the Treasury under regulation 9 of the 2015 Regulations,
(b)was in effect immediately before the relevant date, and
(c)authorises conduct which would (on and after the relevant date, and in the absence of paragraphs (2) to (4)) be prohibited under Part 3 (Finance),
and such a licence is referred to in this regulation as “an existing financial sanctions licence”.
(2) An existing financial sanctions licence has effect on and after the relevant date as if it had been issued by the Treasury under regulation 33(1) (Treasury licences).
(3) Any reference in an existing financial sanctions licence to the 2015 Regulations is to be treated on and after the relevant date as a reference to these Regulations.
(4) Any reference in an existing financial sanctions licence to a prohibition in—
(a)the 2015 Regulations,
(b)the EU South Sudan Regulation, or
(c)Council Regulation (EU) No 748/2014 of 10 July 2014 concerning restrictive measures in respect of the situation in South Sudan M4,
is to be treated on and after the relevant date as a reference to the corresponding prohibition in Part 3.
(5) Paragraph (6) applies where—
(a)an application for a licence, or for the variation of a licence, under the 2015 Regulations was made before the relevant date,
(b)the application is for the authorisation of conduct which would (on an after the relevant date) be prohibited under Part 3, and
(c)a decision to grant or refuse the application has not been made before that date.
(6) The application is to be treated on and after the relevant date as an application for a licence, or for the variation of a licence (as the case may be), under regulation 33(1) (Treasury licences).
(7) In paragraphs (3) and (4), a reference to the 2015 Regulations is to be treated as including a reference to the South Sudan (European Union Financial Sanctions) Regulations 2014 M5.
(8) In this regulation—
“the 2015 Regulations” means the South Sudan (European Union Financial Sanctions) (No. 2) Regulations 2015;
“the relevant date” means—
where regulations under section 56 of the Act provide that Part 3 comes into force at a specified time on a day, that time on that day;
otherwise, the date on which Part 3 comes into force.
Commencement Information
I6Reg. 69 not in force at made date, see reg. 1(2)
Marginal Citations
M4OJ L 203 11.7.2014, p.13.
M5S.I. 2014/1827, as amended by the Wales Act 2014 c.29. These regulations were revoked and replaced by S.I. 2015/1361.
70.—(1) Paragraph (2) applies in relation to each licence or authorisation granted by the Secretary of State which—
(a)was in effect immediately before the relevant date, and
(b)authorises an act—
(i)which would otherwise be prohibited by any provision of the Export Control Order 2008 except article 20 of that Order (embargoed destinations), and
(ii)which would (on and after the relevant date, and in the absence of paragraph (2)) be prohibited by Part 5 (Trade),
and such a licence or authorisation is referred to in this regulation as an “existing trade licence”.
(2) A licence is deemed to have been issued by the Secretary of State at the beginning of the relevant date under regulation 34 (trade licences)—
(a)disapplying every provision of Part 5 which would, in the absence of this paragraph, prohibit any act authorised by the existing trade licence, and
(b)otherwise in the same terms as the existing trade licence.
(3) Paragraphs (4) to (6) apply to a licence or authorisation granted by the Secretary of State which—
(a)was in effect immediately before the relevant date, and
(b)authorises an act—
(i)which would otherwise be prohibited by the EU South Sudan Regulation, and
(ii)which would (on and after the relevant date, and in the absence of paragraphs (4) to (6)) be prohibited by Part 5 (Trade),
and such a licence or authorisation is referred to in this regulation as an “existing trade sanctions licence”.
(4) An existing trade sanctions licence has effect on and after the relevant date as if it were a licence which had been issued by the Secretary of State under regulation 34.
(5) Any reference in an existing trade sanctions licence to a provision of the Export Control (Sudan, South Sudan and Central African Republic Sanctions) Regulations 2014 or the Export Control Order 2008 is to be treated on and after the relevant date as a reference to the corresponding provision of these Regulations (if any).
(6) Any reference in an existing trade sanctions licence to a prohibition in the EU South Sudan Regulation is to be treated on and after the relevant date as a reference to the corresponding prohibition in Part 5 (Trade).
(7) In this regulation, “the relevant date” means—
(a)where regulations under section 56 of the Act provide that Part 5 comes into force at a specified time on a day, that time on that day;
(b)otherwise, the date on which Part 5 comes into force.
Commencement Information
I7Reg. 70 not in force at made date, see reg. 1(2)
71.—(1) Paragraph (2) applies where—
(a)an application was made before the relevant date for a licence or authorisation under or pursuant to the Export Control Order 2008,
(b)the application is for authorisation of an act prohibited by Part 5 (Trade), and
(c)a decision to grant or refuse the application has not been made before the relevant date.
(2) The application is to be treated on and after the relevant date as including an application for a licence under regulation 34 (trade licences).
(3) Paragraph (4) applies where—
(a)an application was made before the relevant date for a licence or authorisation under the Export Control (Sudan, South Sudan and Central African Republic Sanctions) Regulations 2014 or the EU South Sudan Regulation,
(b)the application is for authorisation of an act prohibited by Part 5 (Trade), and
(c)a decision to grant or refuse the application has not been made before the relevant date.
(4) The application is to be treated on and after the relevant date as an application for a licence under regulation 34.
(5) In this regulation, “the relevant date” means—
(a)where regulations under section 56 of the Act provide that Part 5 comes into force at a specified time on a day, that time on that day;
(b)otherwise, the date on which Part 5 comes into force.
Commencement Information
I8Reg. 71 not in force at made date, see reg. 1(2)
72.—(1) Where—
(a)a person was named in Annex II of the EU South Sudan Regulation immediately before the relevant date, and
(b)the person is a designated person immediately before the relevant date,
any reference in a provision mentioned in paragraph (3) to the date on which a person became a designated person is a reference to the original listing date.
(2) Where, immediately before the relevant date, a person was named by the Security Council or the Committee for the purposes of paragraph 12 of resolution 2206, any reference in a provision mentioned in paragraph (3) to the date on which a person became a designated person is to be read as a reference to the date on which the person was so named.
(3) The provisions referred to in paragraphs (1) and (2) are—
(a)regulation 31(5) (finance: exceptions from prohibitions), and
(b)paragraphs 6(b)(i) and 7(a) of Schedule 2 (Treasury licences: purposes).
(4) In this regulation—
“designated person” has the same meaning as it has in Part 3 (Finance);
“original listing date” means—
where the person was named in Annex I of Council Regulation (EU) No 748/2014 of 10 July 2014 concerning restrictive measures in respect of the situation in South Sudan immediately before the repeal of that Regulation, the date on which that person was named in Annex I of that Regulation;
otherwise, the date on which the person was named in Annex II of the EU South Sudan Regulation.
“the relevant date” means—
where regulations under section 56 of the Act provide that Part 3 comes into force at a specified time on a day, that time on that day;
otherwise, the date on which Part 3 comes into force.
Commencement Information
I9Reg. 72 not in force at made date, see reg. 1(2)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: