The Syria (United Nations Sanctions) (Cultural Property) (EU Exit) Regulations 2020

PART 3 Exceptions

Exception for the return of Syrian cultural property

15.  The prohibitions in Chapter 2 of Part 2 (Trade) are not contravened by any thing done to facilitate the safe return of items to their legitimate owners in Syria in accordance with the objectives of paragraph 17 of resolution 2199.

Exception for acts done for purposes of national security or prevention of serious crime

16.—(1) Where an act would, in the absence of this paragraph, be prohibited by any prohibition in Part 2 (Trade), that prohibition does not apply to the act if the act is one which a responsible officer has determined would be in the interests of—

(a) national security, or

(b) the prevention or detection of serious crime in the United Kingdom or elsewhere.

(2) Where, in the absence of this paragraph, a thing would be required to be done under or by virtue of a provision of Part 4 (Information and records) or Part 6 (Maritime enforcement), that requirement does not apply if a responsible officer has determined that not doing the thing in question would be in the interests of—

(a) national security, or

(b) the prevention or detection of serious crime in the United Kingdom or elsewhere.

(3) In this regulation “responsible officer” means a person in the service of the Crown or holding office under the Crown, acting in the course of that person’s duty.

(4) Nothing in this regulation affects the application of a prohibition or requirement in a case where it would be incompatible with a UN obligation(1) for the prohibition or requirement not to apply.

(1)

Section 1(8) of the Sanctions and Anti-Money Laundering Act 2018 defines a “UN obligation” as an obligation that the United Kingdom has by virtue of a UN Security Council Resolution. UN Security Council Resolution is also defined in section 1(8).