Search Legislation

Advanced Search

The Republic of Belarus (Sanctions) (Overseas Territories) Order 2020

Help about what version

What Version

Help about advanced features

Advanced Features

Changes over time for: SCHEDULE 2

Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the The Republic of Belarus (Sanctions) (Overseas Territories) Order 2020, SCHEDULE 2. Help about Changes to Legislation

Close

Changes to Legislation

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.

Article 2

SCHEDULE 2U.K.Modifications to be made in the extension of the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019 to each British overseas territory listed in Schedule 1

1.  In regulation 1 (citation and commencement)—U.K.

(a)in the heading, omit “and commencement”;

(b)omit paragraph (2).

Commencement Information

I1Sch. 2 para. 1 in force at 31.12.2020, see art. 1(1)

2.  In regulation 2 (interpretation)—U.K.

(a)the existing text becomes paragraph (1);

(b)in that paragraph—

(i)in the appropriate places, insert the following definitions—

““aircraft” has the same meaning as it has in section 6(9) of the Act;”;

““authorised officer” means, in relation to the Territory—

(a)

a member of Her Majesty’s forces in the Territory,

(b)

a police or customs officer of the Territory,

(c)

a person authorised by the Governor for the purposes of exercising, whether generally or in a particular case, any power conferred by—

(ai)

[F1regulation 29I (detention of ships),]

(i)

regulation 40 (finance: powers to request information),

(ii)

regulation 41 (finance: production of documents),

(iii)

regulation 45 (general trade licences: inspection of records),

(iv)

regulation 46 (disclosure of information),

(v)

regulation 47A (suspected ships, aircraft or vehicles), or

(vi)

regulation 47B (search warrants), or

(d)

any person acting under the authority of a person falling within any of paragraphs (a) to (c);”;

““financial sanctions licence” means, in relation to the Territory, a licence issued by the Governor under regulation 32(1);”;

““the Governor” is to be read in accordance with regulation 4A;”;

““Her Majesty’s forces” does not include a force of any country, other than the United Kingdom, that is a member of the Commonwealth;”;

““ship” has the same meaning as it has in section 7(14) of the Act;”;

““territorial sea of the Territory” means the territorial sea as defined in an enactment applicable in the Territory or, in the absence of such an enactment, the territorial sea adjacent to the Territory;”;

““Territory aircraft” means, in relation to the Territory—

(a)

an aircraft registered in the Territory, or

(b)

an aircraft which is not registered under the law of a country outside the Territory but is wholly owned by persons each of whom is a Territory person;”;

““Territory person” means, in relation to the Territory, a person who is—

(a)

an individual ordinarily resident in the Territory who is—

(i)

a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,

(ii)

a person who under the British Nationality Act 1981(1) is a British subject, or

(iii)

a British protected person within the meaning of that Act, or

(b)

a body incorporated or constituted under the law of any part of the Territory;”;

““Territory ship” means, in relation to the Territory—

(a)

a ship registered in the Territory, or

(b)

a ship which is not registered under the law of a country outside the Territory but is wholly owned by persons each of whom is a Territory person;”;

““vehicle” means a land transport vehicle.”

(ii)omit the definitions of—

(aa)“the Commissioners”,

(bb)“Treasury licence”, and

(cc)“United Kingdom person”;

[F2(c)at the end insert—

“(3) In the application of these Regulations to a particular British overseas territory, the expression “the Territory” means that territory.”]

Textual Amendments

Commencement Information

I2Sch. 2 para. 2 in force at 31.12.2020, see art. 1(1)

3.  In regulation 3 (application of prohibitions and requirements outside the United Kingdom)—U.K.

(a)in the heading, for “United Kingdom” substitute “Territory”;

(b)in paragraphs (1) and (4), for “United Kingdom person” substitute “Territory person”;

(c)in paragraphs (1), (4) and (7), for “United Kingdom” substitute “Territory”;

(d)in paragraphs (2) and (5), after “in the territorial sea” insert “of the Territory”;

(e)in paragraphs (3) and (6), for “Treasury licence” substitute “financial sanctions licence”[F3;]

[F4(f)at the beginning of paragraph (3)(a), insert “by”.]

Textual Amendments

Commencement Information

I3Sch. 2 para. 3 in force at 31.12.2020, see art. 1(1)

4.  In regulation 4 (purposes), for “the regulations contained in this instrument that are made under section 1 of the Act” substitute “these Regulations”.U.K.

Commencement Information

I4Sch. 2 para. 4 in force at 31.12.2020, see art. 1(1)

5.  At the end of Part 1 (General), insert—U.K.

“Functions of the Governor

4A.—(1) In these Regulations, “the Governor” means, in relation to the Territory, the person holding or acting in the office of Governor of the Territory, or, if there is no such office, the officer for the time being administering the Territory.

(2) The Governor may, to such extent and subject to such restrictions and conditions as the Governor thinks proper, delegate or authorise the delegation of any of the Governor’s powers under these Regulations to any person, or class or description of persons, and any references in these Regulations to the Governor are to be construed accordingly.

(3) In the exercise of any power conferred on the Governor by these Regulations, the Governor is to act in their discretion.”

Commencement Information

I5Sch. 2 para. 5 in force at 31.12.2020, see art. 1(1)

6.  Omit regulation 5 (power to designate persons) (including the heading).U.K.

Commencement Information

I6Sch. 2 para. 6 in force at 31.12.2020, see art. 1(1)

[F56A.  Omit regulation 5A (conditions for the designation of persons by name) (including the heading).U.K.

Textual Amendments

6B.  Omit regulation 5B (conditions for the designation of persons by description) (including the heading).]U.K.

Textual Amendments

7.  Omit regulation 6 (designation criteria) (including the heading).U.K.

Commencement Information

I7Sch. 2 para. 7 in force at 31.12.2020, see art. 1(1)

8.  For regulation 8 (notification and publicity where designation power used), substitute—U.K.

“Requirement to publish a [F6list of persons designated by name]

8.—(1) Subject to paragraph (2), the Governor must—

(a)publish a list of designated persons, and

(b)keep the list up to date.

(2) Where, in accordance with regulation 8 (notification and publicity where designation power used) (as it has effect in the United Kingdom) the Secretary of State is not required to publicise generally a designation, variation or revocation, the Governor must not include in the list under paragraph (1) any details of that designation, variation or revocation.

(3) The Governor may publish the list under paragraph (1) in any form the Governor considers appropriate, including by means of a website.

(4) For the purpose of this regulation, “designated person” means any person for the time being designated [F7by name] by the Secretary of State under [F8regulation 5(1) (power to designate persons by name)] (as it has effect in the United Kingdom).”

Textual Amendments

Commencement Information

I8Sch. 2 para. 8 in force at 31.12.2020, see art. 1(1)

9.  In regulation 9 (confidential information in certain cases where designation power used)—U.K.

(a)in the heading, omit “where designation power used”;

(b)omit paragraph (1);

(c)in paragraph (2)(a), for “that is to be treated as confidential in accordance with paragraph (1)” substitute “which the Secretary of State has specified is to be treated as confidential under regulation 9(1) (as it has effect in the United Kingdom)”;

(d)in paragraph (7)—

(i)for “High Court (in Scotland, the Court of Session)” substitute “Supreme Court of the Territory”;

(ii)omit “(in Scotland, an interdict)”;

(e)at the end, insert—

“(9) In this regulation, “Supreme Court of the Territory” means—

(a)in relation to Anguilla, Montserrat and the Virgin Islands, the High Court of the Eastern Caribbean Supreme Court;

(b)in relation to the Cayman Islands, the Grand Court of the Cayman Islands;

(c)in relation to the British Antarctic Territory, the British Indian Ocean Territory, the Falkland Islands, Pitcairn, Henderson, Ducie and Oeno Islands, St Helena, Ascension and Tristan da Cunha, South Georgia and the South Sandwich Islands and the Turks and Caicos Islands, the Supreme Court of that territory;

(d)in relation to the Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus, the Senior Judges’ Court of those Areas.”

Commencement Information

I9Sch. 2 para. 9 in force at 31.12.2020, see art. 1(1)

[F99A.  For regulation 9A (notification and publicity where power to designate by description is used), substitute—U.K.

“Requirement to publish a list of designations by description

9A.—(1) Subject to paragraph (2), the Governor must—

(a)publish a list of designations by description, and

(b)keep the list up to date.

(2) Where, in accordance with regulation 9A (notification and publicity where power to designate by description is used) (as it has effect in the United Kingdom) the Secretary of State is not required to publicise generally a designation, variation or revocation, the Governor must not include in the list under paragraph (1) any details of that designation, variation or revocation.

(3) The Governor may publish the list under paragraph (1) in any form the Governor considers appropriate, including by means of a website.

(4) For the purposes of this regulation, “designations by description” means designations where the Secretary of State has for the time being provided that persons of a specified description are designated persons under regulation 5(1A) (power to designate persons by description) (as it has effect in the United Kingdom).”]

Textual Amendments

10.  For regulation 10 (meaning of “designated person” in Part 3) substitute—U.K.

“10.  In this Part, a “designated person” means a person who is designated from time to time by the Secretary of State under regulation 5 (power to designate persons) (as it has effect in the United Kingdom) for the purposes of regulations 11 to 15 (asset-freeze etc.) (as they have effect in the United Kingdom).”

Commencement Information

I10Sch. 2 para. 10 in force at 31.12.2020, see art. 1(1)

[F1010A.  In regulation 15D (interpretation of terms relating to other financial restrictions)—U.K.

(a)in paragraph (1)—

(i)for the definition of “non-UK country”, substitute—

““non-Territory country” means a country that is not the Territory;”

(ii)in the definition of “relevant person”, for “non-UK country” substitute “non-Territory country”.]

Textual Amendments

11.  For regulation 17 (immigration) substitute—U.K.

“17.—(1) A person who is designated from time to time by the Secretary of State under regulation 5 (power to designate persons) (as it has effect in the United Kingdom) for the purposes of regulation 17 (immigration) (as it has effect in the United Kingdom) must not enter, transit or remain in the Territory.

(2) Paragraph (1) does not apply to a person who—

(a)belongs to the Territory, or

(b)in respect of the Sovereign Base Areas, is permitted to reside in the Sovereign Base Areas under the law applicable to the Sovereign Base Areas.

(3) Paragraph (1) does not apply to a person if the application of that paragraph to that person would be contrary to the United Kingdom’s obligations under —

(a)the European Convention on Human Rights, or

(b)the Refugee Convention.

(4) Paragraph (1) is subject to regulation 37 (immigration directions).

(5) For the purposes of this regulation, a person (“P”) belongs to the Territory if—

(a)in respect of Anguilla, P is an Anguillian (within the meaning given to that term in the law of Anguilla);

(b)in respect of the Cayman Islands, P is a Caymanian (within the meaning given to that term in the law of the Cayman Islands);

(c)in respect of the Falkland Islands, P has Falkland Islands status (within the meaning given to that term in the law of the Falkland Islands);

(d)in respect of Montserrat, P is a Montserratian (within the meaning given to that term in the law of Montserrat);

(e)in respect of Pitcairn, P has the right of abode in Pitcairn under the law of Pitcairn;

(f)in respect of St Helena, P has St Helenian status (within the meaning given to that term in the law of St Helena);

(g)in respect of Tristan da Cunha, P has the right of abode in Tristan da Cunha under the law of Tristan da Cunha;

(h)in respect of the Turks and Caicos Islands, P is a Turks and Caicos Islander (within the meaning given to that term in the law of the Turks and Caicos Islands);

(i)in respect of the Virgin Islands, P belongs to the Virgin Islands (within the meaning given to that term in the law of the Virgin Islands).

(6) In this regulation—

“the European Convention on Human Rights” means the Convention for the Protection of Human Rights and Fundamental Freedoms done at Rome on 4 November 1950 and the Protocols to the Convention(2);

“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention(3);

“Pitcairn” means Pitcairn, Henderson, Ducie and Oeno Islands;

“the Sovereign Base Areas” means the Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus.”

Commencement Information

I11Sch. 2 para. 11 in force at 31.12.2020, see art. 1(1)

12.  In regulation 20 (interpretation of other expressions used in this Part)—U.K.

(a)for paragraph (1) substitute—

“(1) Paragraph 36 of Schedule 1 to the Act (trade sanctions) applies for the purpose of interpreting expressions in this Part.”

(b)after paragraph (1), insert—

“(1A) For the purposes of this Part—

(a)“export” means export from the Territory, and

(b)goods transported out of the Territory by aircraft or ship as stores within the meaning of CEMA (see section 1(1) and (4) of that Act) are to be regarded as exported.”

(c)for paragraph (2) substitute—

“(2) In this Part, any reference to the Territory includes a reference to the territorial sea of the Territory.”

Commencement Information

I12Sch. 2 para. 12 in force at 31.12.2020, see art. 1(1)

13.  In [F11regulation 21 (export of goods to, or for use in, Belarus)], at the end insert—U.K.

“(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1) to show that the person did not know and had no reasonable cause to suspect that the export was to, or the goods were for use in, Belarus (as the case may be).”

Textual Amendments

Commencement Information

I13Sch. 2 para. 13 in force at 31.12.2020, see art. 1(1)

14.  In [F12regulation 22 (supply and delivery of goods from a third country to Belarus)], in paragraph (4) for “United Kingdom, the Isle of Man” substitute “Territory”.U.K.

Textual Amendments

Commencement Information

I14Sch. 2 para. 14 in force at 31.12.2020, see art. 1(1)

15.  In [F13regulation 27 (brokering services: certain arrangements relating to non-UK activities)]—U.K.

(a)in the heading, for “non-UK” substitute “non-Territory”;

(b)in paragraph (1), for “non-UK country”, in each place it occurs, substitute “non-Territory country”;

(c)for paragraph (4) substitute—

“(4) In this regulation—

“non-Territory country” means a country that is not the Territory;

“third country” means a country that is not the Territory or Belarus.”

Textual Amendments

Commencement Information

I15Sch. 2 para. 15 in force at 31.12.2020, see art. 1(1)

F1415A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F1515B.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

[F1615C.  In [F17regulation 27K (supply and delivery of goods to places outside the UK)]—U.K.

[F18(za)in the heading, for “UK” substitute “Territory;”]

(a)in paragraph (2), for “non-UK country”, in each place it occurs, substitute “non-Territory country”;

(b)for paragraph (6) substitute—

“(6) In this regulation—

“non-Territory country” means a country that is not the Territory;

“third country” means a country that is not the Territory or Belarus.”]

Textual Amendments

[F1615D.  In [F19regulation 27L (technical assistance relating to certain activities)]—U.K.

(a)in paragraph (1), for “non-UK country”, in each place it occurs, substitute “non-Territory country”;

(b)for paragraph (4) substitute—

“(4) In this regulation—

“non-Territory country” means a country that is not the Territory;

“third country” means a country that is not the Territory or Belarus.”]

Textual Amendments

[F1615E.  In [F20regulation 27M (financial services, funds and brokering services relating to certain arrangements)]—U.K.

(a)in paragraph (1), for “non-UK country”, in each place it occurs, substitute “non-Territory country”;

(b)for paragraph (6) substitute—

“(6) In this regulation—

“non-Territory country” means a country that is not the Territory;

“third country” means a country that is not the Territory or Belarus.”]

Textual Amendments

[F2115EA.  In regulation 27N(5) (technical assistance relating to aircraft and ships), for the definition of “designated person” substitute—U.K.

““designated person” means a person for the time being designated by the Secretary of State under regulation 5 (power to designated persons) (as it has effect in the United Kingdom) for the purposes of this regulation (as it has effect in the United Kingdom);”.

Textual Amendments

15EB.  In regulation 27O (enabling or facilitating military activities)—U.K.

(a)in paragraph (1)(d), for “non-UK country” substitute “non-Territory country”;

(b)in paragraph (4), for ““non-UK country” means a country that is not the United Kingdom”” substitute ““non-Territory country” means a country that is not the Territory;”.]

Textual Amendments

[F1615F.  In regulation 29A (movement of aircraft)—U.K.

[F22(za)in paragraph (A1), in both places it occurs, for “United Kingdom” substitute “Territory”;]

(a)for paragraph (1) substitute—

“(1) The Secretary of State, or the Governor (as the case may be), may—

(a)refuse permission under article 135 of the ANO in respect of Belarusian aircraft;

(b)refuse permission under article 137 of the ANO in respect of Belarusian aircraft;

(c)[F23suspend or] revoke any permission granted under article 135 of the ANO in respect of Belarusian aircraft;

(d)[F23suspend or] revoke any permission granted under article 137 of the ANO in respect of Belarusian aircraft.”;

[F24(b)in paragraph (2)—

(i)for “United Kingdom”, in both places it occurs, substitute “Territory”;

(ii)in sub-paragraph (b), for “.” substitute “;”;

(iii)after sub-paragraph (b) insert—

“(c)not to take off, or not to permit the aircraft to take off, from an airport in the Territory;

(d)to take off, or to require the aircraft to take off, from an airport in the Territory;

(e)not to land, or not to permit the aircraft to land, at an airport in the Territory.”;]

(c)in paragraph (3), for “Secretary of State” substitute “Governor”;

F25(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F26(e)in paragraph (5), for “Secretary of State” substitute “Governor”;

(f)at the end insert—

“(9) The Secretary of State may direct the Governor to exercise any of the Governor’s powers under paragraphs (3) and (5).”]]

Textual Amendments

[F2715FA.  In regulation 29(B) (directions under regulation 29A), in paragraph (6), after “Secretary of State” insert “or Governor (as the case may be)”.]U.K.

Textual Amendments

[F1615G.  For regulation 29C (directions under regulation 29A: supplementary) substitute—U.K.

“29C.—(1) Where a direction is given under regulation 29A(1)(c) or (d) to the extent that the direction conflicts with the requirements of article 12 of the ANO (revocation etc of permissions), those requirements are to be disregarded.

(2) Where a direction is given under regulation 29A which conflicts with a permission under article 135 or 137 of the ANO, the permission is to be disregarded.

(3) In so far as a direction under regulation 29A conflicts with any requirement in the applicable law of the Territory that corresponds to the requirements of section 93 of the Transport Act 2000(1) or of an order under section 94 of that Act, the direction is to be disregarded.

(4) In so far as a direction under regulation 29A conflicts with the requirements of any other relevant law applicable to the Territory, the requirements are to be disregarded.

(5) The Secretary of State may notify a person that the existence of a direction under regulation 29A, any part of the content of the direction, or anything done under the direction, is to be treated as confidential.

(6) The Governor may notify a person that the existence of a direction issued by the Governor under regulation 29A, any part of the content of the direction, or anything done under the direction, is to be treated as confidential.

(7) A person must not disclose any information if the Secretary of State or the Governor (as the case may be) notifies that person under paragraph (5) or (6) that the information is to be treated as confidential.

(8) For the purposes of this regulation, a “direction” under regulation 29A includes the refusal or revocation of permission under regulation 29A(1).”]

Textual Amendments

[F2815GA.  In regulation 29CA (registration of aircraft in the United Kingdom)—U.K.

(a)in the heading, for “United Kingdom” substitute “”Territory”;

(b)in each place where it appears in paragraphs (1), (2) and (5), for “CAA” substitute “Governor”;

(c)in paragraph (3), for “Part 3 (Registration and marking)” substitute “Part 2 (Registration and marking of aircraft)”;

(d)in paragraph (5), after “in the register” insert “in relation to the Territory”;

(e)for paragraph (6) substitute—

“(6) In this regulation, a “designated person” means a person who is designated by the Secretary of State under regulation 5 (power to designate persons) (as it has effect in the United Kingdom) for the purposes of regulation 29A (movement of aircraft) or this regulation (as they have effect in the United Kingdom).”]

Textual Amendments

[F1615H.  In regulation 29D (offences), in paragraph (1), for “Secretary of State” substitute “Governor”.]U.K.

Textual Amendments

[F1615I.  In regulation 29E (interpretation of Part 5A)—U.K.

(a)in paragraph (1)—

(i)for the definition of “air traffic control” substitute—

““air traffic control” means a person which provides any of the following services in the Territory—

(a)

an air traffic control service (which has the meaning that it has in article 3(1) of the ANO), or

(b)

a flight information service (which has the meaning that it has in article 3(1) of the ANO);”

(ii)for the definition of “the ANO” substitute—

““the ANO” means the Air Navigation (Overseas Territories) Order 2013(2);”;

(iii)at the appropriate places, insert—

““airport” means the aggregate of the land, water, buildings and works comprised in an aerodrome within the meaning of article 3(1) of the ANO;”;

““airport operator”, in relation to the Territory, means a person in charge of the operation of an airport in the Territory;”;

(b)in paragraph (3), after “in that section” insert “, unless otherwise provided in this regulation”.]

Textual Amendments

[F2915J.  In regulation 29F (prohibition on port entry)—U.K.

(a)in paragraphs (1) and (2), for “United Kingdom”, in both places it occurs, substitute “Territory”;

(b)for paragraph (6) substitute—

“(6) In paragraph (5), a “designated person” means a person for the time being designated by the Secretary of State under regulation 5 (power to designate persons) (as it has effect in the United Kingdom) for the purposes of regulations 29F and 29H to 29J (ships: prohibition on port entry etc.) (as they have effect in the United Kingdom).”

Textual Amendments

15K.  In regulation 29G (directions prohibiting port entry)—U.K.

(a)in paragraphs (2), (3), (5) and (6), for “Secretary of State”, in each place it occurs, substitute “Governor”;

(b)in paragraphs (3) and (7), for “United Kingdom”, in both places it occurs, substitute “Territory”;

(c)after paragraph (6) insert—

“(6A) The Secretary of State may direct the Governor to exercise any of the Governor’s powers under this regulation.”

Textual Amendments

15L.  In regulation 29H (movement of ships)—U.K.

(a)in paragraphs (1), (2), (4) and (5), for “Secretary of State”, in each place it occurs, substitute “Governor”;

(b)after paragraph (5) insert—

“(5A) The Secretary of State may direct the Governor to exercise any of the Governor’s powers under this regulation.”

(c)in paragraph (6), for the definition of “designated person” substitute—

““designated person” means a person for the time being designated by the Secretary of State under regulation 5 (power to designate persons) (as it has effect in the United Kingdom) for the purposes of regulations 29F and 29H to 29J (ships: prohibition on port entry etc.) (as they have effect in the United Kingdom);”.

Textual Amendments

15M.  In regulation 29I (detention of ships)—U.K.

(a)in paragraphs (1), (2) and (3), for “Secretary of State”, in each place it occurs, substitute “Governor”;

(b)in paragraphs (4) and (6), for “United Kingdom”, in both places it occurs, substitute “Territory”;

(c)after paragraph (7) insert—

“(7A) The Secretary of State may direct the Governor to exercise any of the Governor’s powers under this regulation.”

(d)for paragraph (8) substitute—

“(8) Where a detention direction is given under this regulation in relation to a ship, an authorised officer may detain the ship.

(8A) If a ship in respect of which a detention direction has been given to the master proceeds to sea in contravention of the detention direction, the master of the ship commits an offence.

(8B) If a ship in respect of which a detention direction has been given to the master fails to comply with any requirements imposed by the direction, the master of the ship commits an offence.

(8C) The owner of a ship, and any person who sends to sea a ship, in respect of which an offence is committed under paragraph (8A) or (8B), if party or privy to the offence, also commits an offence under that paragraph.

(8D) Any reference in this regulation to proceeding to sea includes a reference to going on a voyage or excursion that does not involve going to sea, and references to sending to sea are to be construed accordingly.”

(e)for paragraph (10) substitute—

“(10) In this regulation, “designated person” means a person for the time being designated by the Secretary of State under regulation 5 (power to designate persons) (as it has effect in the United Kingdom) for the purposes of regulations 29F and 29H to 29J (ships: prohibition on port entry etc.) (as they have effect in the United Kingdom).”

Textual Amendments

15N.  In regulation 29J (registration of ships in the United Kingdom)—U.K.

(a)in the heading, for “United Kingdom” substitute “Territory”;

(b)in paragraphs (1) and (2), for “Registrar”, in each place it occurs, substitute “Territory registrar”;

(c)in paragraph (1), after “Secretary of State” insert “, by the Governor”;

(d)in paragraph (2), after “Secretary of State” insert “or the Governor”;

(e)in paragraph (3)—

(i)before sub-paragraph (a) insert—

“(za)“the Territory registrar”, in relation to the Territory, means the person responsible for the registration of ships in the Territory;”;

(ii)in sub-paragraph (a), for “register of British ships maintained by the Registrar” substitute “register of British ships in the Territory maintained by the Territory registrar”;

(iii)for sub-paragraph (b) substitute—

“(b)“designated person” means a person for the time being designated by the Secretary of State under regulation 5 (power to designate persons) (as it has effect in the United Kingdom) for the purposes of regulations 29F and 29H to 29J (ships: prohibition on port entry etc.) (as they have effect in the United Kingdom);”.

Textual Amendments

15O.  Omit regulation 29K (specification of ships) (including the heading).U.K.

Textual Amendments

15P.  For regulation 29L (notification and publicity where specification power used) substitute—U.K.

“Requirement to publish a list of specified ships

29L.—(1) Subject to paragraph (2), the Governor must—

(a)publish a list of specified ships, and

(b)keep the list up to date.

(2) Where, in accordance with regulation 29L (notification and publicity where specification power used) (as it has effect in the United Kingdom) the Secretary of State is not required to publicise generally a specification or revocation, the Governor must not include in the list under paragraph (1) any details of that specification or revocation.

(3) The Governor may publish the list under paragraph (1) in any form the Governor considers appropriate, including by means of a website.”

Textual Amendments

15Q.  In regulation 29N (interpretation of Part 5B)—U.K.

(a)in paragraph (5), in the definition of “specified ship”, after “under regulation 29K (specification of ships)” insert “(as it has effect in the United Kingdom)”;

(b)in paragraph (6), after “in that section”, insert “, unless otherwise provided in this Part”.]

Textual Amendments

16.  In regulation 30 (finance: exceptions from prohibitions)—U.K.

(a)omit paragraph (6);

(b)in paragraph (7), for the definition of “relevant institution” substitute—

““relevant institution”, in relation to the Territory, means a person domiciled in the Territory who would satisfy the threshold conditions for permission under Part 4A of the Financial Services and Markets Act 2000(4) if it had its registered office (or if it does not have one, its head office) in the United Kingdom.”

(c)omit paragraph (8).

Commencement Information

I16Sch. 2 para. 16 in force at 31.12.2020, see art. 1(1)

[F3017.  For regulation 30A (exceptions for authorised conduct outside the Territory) substitute—U.K.

“Exceptions for authorised conduct outside the Territory

30A.—(1) Where a person’s conduct outside the Territory would, in the absence of this paragraph, contravene a prohibition in any of regulations 11 to 15 (asset-freeze etc.), 15B (loans and credit arrangements) [F31, 15C (insurance and reinsurance services), 15CA (provision of financial services relating to foreign reserve and asset management)] or Chapters 2, F32... 2B or 2C (Trade), the prohibition is not contravened if the conduct is authorised by a licence issued under regulation 32 (Treasury licences) (as it has effect in the United Kingdom) or regulation 33 (trade licences) (as it has effect in the United Kingdom).

(2) Where a person’s conduct in a relevant country would, in the absence of this paragraph, contravene a prohibition in any of regulations 11 to 15 or Chapter 2 or 3 of Part 5 (“the relevant prohibition”), the relevant prohibition is not contravened if the conduct is authorised by a licence or other authorisation which is issued—

(a)under the law of the relevant country, and

(b)for the purpose of disapplying a prohibition in that jurisdiction which corresponds to the relevant prohibition.

(3) In this regulation—

“relevant country” means—

(a)

any of the Channel Islands,

(b)

the Isle of Man, or

(c)

any British overseas territory other than the Territory.”]

Textual Amendments

Commencement Information

I17Sch. 2 para. 17 in force at 31.12.2020, see art. 1(1)

[F3318.  For regulation 31 (exception for acts done for purposes of national security or prevention of serious crime) substitute—U.K.

“31.—(1) Where an act would, in the absence of this paragraph, be prohibited by regulation 9(2) (confidential information in certain cases) or any prohibition in Part 3 (Finance), Part 5 (Trade) [F34, Part 5A (Aircraft) or Part 5B (Ships)], that prohibition does not apply to the act if the act is one which—

(a)a responsible officer has determined would be in the interests of—

(i)national security, or

(ii)the prevention or detection of serious crime in the United Kingdom or elsewhere, or

(b)the Governor, with the consent of the Secretary of State, has determined would be in the interests of the prevention or detection of serious crime in the Territory.

(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 5A (Aircraft), Part 7 (Information and records) or Part 9 (Maritime enforcement), that requirement does not apply if—

(a)a responsible officer has determined that not doing the thing in question would be in the interests of—

(i)national security, or

(ii)the prevention or detection of serious crime in the United Kingdom or elsewhere, or

(b)the Governor, with the consent of the Secretary of State, has determined that not doing the thing in question would be in the interests of the prevention or detection of serious crime in the Territory.

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

Textual Amendments

Commencement Information

I18Sch. 2 para. 18 in force at 31.12.2020, see art. 1(1)

[F3518A.  In regulation 31A (exceptions relating to loans and credit arrangements)F36...—U.K.

[F37(a)in paragraph (2), for “paragraph 1(c)” substitute “paragraph 1(b)”;

(b)in paragraph (3)(b)(i), for “United Kingdom” substitute “Territory”.]]

Textual Amendments

[F3518B.  In regulation 31B (exceptions relating to insurance and reinsurance services)[F38—]U.K.

[F39(a)]in paragraph (1), for “United Kingdom”, in each place it occurs, substitute “Territory”;

[F40(b)in paragraph (1)(b) omit “diplomatic mission or”.]]

Textual Amendments

F39Words in Sch. 2 para. 18B renumbered as Sch. 2 para. 18B(a) (15.12.2022) by The Republic of Belarus (Sanctions) (Overseas Territories) (Amendment) Order 2022 (S.I. 2022/1339), arts. 1(1), 24(b)

[F4118C.  In regulation 31C(2) (trade: exceptions relating to mineral products for personal or humanitarian use), for “27K (supply and delivery of goods to places outside the UK)” substitute “27K (supply and delivery of goods to places outside the Territory)”.U.K.

Textual Amendments

18D.  In regulation 31F(1) (trade: exceptions for emergencies in certain cases), for “Secretary of State” substitute “Governor”.U.K.

Textual Amendments

18E.  In regulation 31H (aircraft: exceptions relating to the safety of persons or aircraft), in paragraphs (1) and (2), in both places where it occurs, for “United Kingdom” substitute “Territory”.]U.K.

Textual Amendments

[F4219.  For regulation 32 (Treasury licences) substitute—U.K.

“Financial sanctions licences

32.—(1) The prohibitions in regulations 11 to 15 (asset-freeze etc.) do not apply to anything done under the authority of a licence issued by the Governor under this paragraph.

[F43(1A) The prohibitions in regulation 15A (dealing with transferable securities and money market instruments) do not apply to anything done under the authority of a licence issued by the Governor under this paragraph.]

(2) The prohibitions in regulation 15B (loans and credit arrangements) do not apply to anything done under the authority of a licence issued by the Governor under this paragraph.

(3) The prohibition in regulation 15C (insurance and reinsurance services) does not apply to anything done under the authority of a licence issued by the Governor under this paragraph.

[F44(3A) The prohibition in regulation 15CA (provision of financial services relating to foreign exchange reserve and asset management) does not apply to anything done under the authority of a licence issued by the Governor under this paragraph.

(3B) Without prejudice to the generality of the powers conferred by paragraphs (1) to (3A), a licence issued by the Governor under those paragraphs may, in particular, authorise acts which would otherwise be prohibited by any of regulations 11 to 15CA (financial restrictions) for a particular period beginning with—

(a)the coming into force of the prohibition, or

(b)where the prohibition relates to a person designated for the purposes of regulations 11 to 15 (asset-freeze etc.), the date on which the person was designated.]

(4) The Governor may issue a financial sanctions licence only with the consent of the Secretary of State.

(5) The Governor may issue a financial sanctions licence under paragraph (1) which authorises acts by a particular person only where the Governor considers that it is appropriate to issue the licence for a purpose set out in Part 1 of Schedule 3.

(6) The Governor may issue a financial sanctions licence under paragraph (2) which authorises acts by a particular person only where the Governor considers that it is appropriate to issue the licence for a purpose set out in Part 2 of Schedule 3.

(7) The Governor may issue a financial sanctions licence under paragraph (3) which authorises acts by a particular person only where the Governor considers that it is appropriate to issue the licence for a purpose set out in Part 3 of Schedule 3.

[F45(8) The Governor may issue a licence under regulation 32(3A) which authorises acts by a particular person only where the Governor considers that it is appropriate to issue the licence for a purpose set out in Part 4 of Schedule 3.”]]

Textual Amendments

Commencement Information

I19Sch. 2 para. 19 in force at 31.12.2020, see art. 1(1)

20.  In regulation 33 (trade licences)—U.K.

(a)the existing text becomes paragraph (1);

(b)in that paragraph, for “Secretary of State” substitute “Governor”;

(c)at the end insert—

“(2) The Governor may issue a licence under paragraph (1) only with the consent of the Secretary of State.”

Commencement Information

I20Sch. 2 para. 20 in force at 31.12.2020, see art. 1(1)

[F4620A.  In regulation 33A (aircraft licences)—U.K.

(a)the existing text becomes paragraph (1);

(b)in that paragraph, for “Secretary of State” substitute “Governor”;

(c)at the end insert—

“(2) The Governor may issue a licence under paragraph (1) only with the consent of the Secretary of State.”]

Textual Amendments

21.  In regulation 34 (licences: general provisions)—U.K.

(a)in paragraph (1), for “Treasury licences” substitute “financial sanctions licences”;

(b)in paragraph (5), after “a licence may” insert “, with the consent of the Secretary of State,”.

Commencement Information

I21Sch. 2 para. 21 in force at 31.12.2020, see art. 1(1)

22.  In regulation 35 (finance: licensing offences), for “Treasury licence”, in both places it occurs, substitute “financial sanctions licence”.U.K.

Commencement Information

I22Sch. 2 para. 22 in force at 31.12.2020, see art. 1(1)

23.  For regulation 37 (section 8B(1) to (3) of Immigration Act 1971: directions) substitute—U.K.

“Immigration directions

37.—(1) The Governor may, with the consent of the Secretary of State, direct that, in relation to any person falling within regulation 17 (immigration) whose name is specified, or who is of a specified description, that regulation has effect subject to specified exceptions.

(2) A direction under this regulation—

(a)may contain conditions;

(b)must be of a defined duration (and that duration may be expressed in any way, including, for example, being expressed in a way such that the direction ceases to have effect on, or within a specified period after, the occurrence of a specified event).

(3) The Governor may, with the consent of the Secretary of State, vary, revoke or suspend a direction under this regulation at any time.

(4) On the issue, variation, revocation or suspension of a direction under this regulation, the Governor may take such steps as the Governor considers appropriate to publicise the issue, variation, revocation or suspension of the direction.

(5) In this regulation, “specified” means specified in a direction under this regulation.”

Commencement Information

I23Sch. 2 para. 23 in force at 31.12.2020, see art. 1(1)

24.  In regulation 38 (finance: reporting obligations)—U.K.

(a)for “Treasury”, in each place it occurs, substitute “Governor”;

(b)for paragraph (5) substitute—

“(5) A relevant institution must inform the Governor without delay if that institution credits a frozen account in accordance with regulation 30(4) (finance: exceptions from prohibitions).”

Commencement Information

I24Sch. 2 para. 24 in force at 31.12.2020, see art. 1(1)

25.  For regulation 39 (“relevant firm”) substitute—U.K.

“39.—(1) The following are relevant firms for the purposes of regulation 38—

(a)a relevant institution;

(b)an undertaking that by way of business—

(i)operates a currency exchange office,

(ii)transmits money (or any representation of monetary value) by any means, or

(iii)cashes cheques that are made payable to customers;

(c)a firm or sole practitioner that provides to other persons, by way of business—

(i)accountancy services,

(ii)advice about tax affairs,

(iii)auditing services,

(iv)legal or notarial services, or

(v)trust or company services;

(d)a firm or sole practitioner that carries out, or whose employees carry out, estate agency work;

(e)the holder of a licence to operate a casino in the Territory;

(f)a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging—

(i)articles made from gold, silver, platinum or palladium, or

(ii)precious stones or pearls.

(2) For the purposes of paragraph (1), the following definitions apply—

“estate agency work”, in relation to the Territory, is to be read in accordance with section 1 of the Estate Agents Act 1979(5), but as if references in that section to disposing of or acquiring an interest in land included (despite anything in section 2 of that Act) references to disposing of or acquiring an estate or interest in land outside the Territory where that estate or interest is capable of being owned or held as a separate interest;

“firm” means any entity that, whether or not a legal person, is not an individual, and includes a body corporate and a partnership or other unincorporated body;

“relevant institution” has the same meaning as it has in regulation 30;

“trust or company services” means any of the following services—

(a)

forming companies or other legal persons;

(b)

acting, or arranging for another person to act—

(i)

as a director or secretary of a company,

(ii)

as a partner of a partnership, or

(iii)

in a similar capacity in relation to other legal persons;

(c)

providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement;

(d)

acting, or arranging for another person to act, as—

(i)

a trustee of an express trust or similar legal arrangement, or

(ii)

a nominee shareholder for a person.

(3) For the purposes of regulation 38(1), information or another matter comes to a relevant firm “in the course of carrying on its business” if the information or other matter comes to the firm—

(a)in the case of a relevant firm within paragraph (1)(a), in the course of carrying on an activity in respect of which permission under Part 4A of the Financial Services and Markets Act 2000 would be required if it had its registered office (or if it does not have one, its head office) in the United Kingdom, and

(b)in the case of a relevant firm within any other provision of paragraph (1), in the course of carrying on an activity mentioned in that provision.”

Commencement Information

I25Sch. 2 para. 25 in force at 31.12.2020, see art. 1(1)

26.  In regulation 40 (finance: powers to request information)—U.K.

(a)in paragraph (1), for “The Treasury” substitute “An authorised officer”;

(b)in paragraph (2)—

(i)for “The Treasury”, in the first place it occurs, substitute “An authorised officer”;

(ii)for “the Treasury”, in the second place it occurs, substitute “the authorised officer”;

(c)in paragraph (4), for “the Treasury believe” substitute “the authorised officer believes”;

(d)in paragraph (5)—

(i)for “The Treasury” substitute “An authorised officer”;

(ii)for “Treasury licence” substitute “financial sanctions licence”;

(e)for paragraph (6) substitute—

“(6) An authorised officer may request a person to provide information within paragraph (7) if the authorised officer believes that the person may be able to provide the information.”

(f)in paragraph (7)—

(i)for “the Treasury” substitute “the authorised officer”;

(ii)in sub-paragraph (b)(iii), for “Treasury licence” substitute “financial sanctions licence”;

(g)in paragraph (8), for “The Treasury” substitute “The authorised officer”;

(h)in paragraph (10), for “the Treasury”, in both places it occurs, substitute “the authorised officer”.

Commencement Information

I26Sch. 2 para. 26 in force at 31.12.2020, see art. 1(1)

27.  In regulation 41 (finance: production of documents)—U.K.

(a)in paragraph (2), for “the Treasury request that documents be produced, the Treasury” substitute “an authorised officer requests that documents be produced, the authorised officer”;

(b)for paragraph (3), substitute—

“(3) Where an authorised officer requests a designated person or a person acting under a financial sanctions licence to produce documents, that person must—

(a)take reasonable steps to obtain the documents (if they are not already in the person’s possession or control);

(b)keep the documents under the person’s possession or control (except for the purpose of providing them to the authorised officer or as the authorised officer may otherwise permit).”

Commencement Information

I27Sch. 2 para. 27 in force at 31.12.2020, see art. 1(1)

28.  In regulation 42 (finance: information offences), in paragraph (1)(d), for “the Treasury” substitute “an authorised officer”.U.K.

Commencement Information

I28Sch. 2 para. 28 in force at 31.12.2020, see art. 1(1)

[F4729.  For regulation 43 (trade: application of information powers in CEMA) substitute—U.K.

“Trade: information powers

43.—(1) An authorised officer may request a person who is concerned (in whatever capacity) in a relevant activity to provide such information as the authorised officer may reasonably require about the relevant activity.

(2) The authorised officer may specify the way in which, and the period within which, information is to be provided.

(3) If no such period is specified, the information which has been requested must be provided within a reasonable time.

(4) A request under paragraph (1) may include a request to produce specified documents or documents of a specified description.

(5) Where the authorised officer requests that documents be produced, the authorised officer may—

(a)take copies or extracts from any document so produced,

(b)request any person producing a document to give an explanation of it,

(c)where that person is a body corporate, partnership or unincorporated body other than a partnership, request any person who is—

(i)in the case of a partnership, a present or past partner or employee of the partnership, or

(ii)in any other case, a present or past officer or employee of the body concerned,

to give an explanation for it, and

(d)remove, at a reasonable time and for a reasonable period, any document so produced if the authorised officer considers it is necessary to do so.

(6) Where a document has been removed by an authorised officer under paragraph (5)(d)—

(a)the authorised officer must, on request, provide a receipt for the document;

(b)if the document is reasonably required for the proper conduct of a business, the authorised officer must, as soon as practicable and free of charge, provide a copy of the document to the person who produced it.

(7) Where a document requested to be produced under paragraph (4) is subject to a lien, the production or removal of the document in accordance with this regulation does not affect, and is not to be regarded as breaking, the lien.

(8) For the purposes of paragraph (1), a “relevant activity” means an activity—

(a)which would, unless done under the authority of a trade licence, constitute a contravention of any prohibition in Chapters 2, F48... 2B or 2C of Part 5 (Trade) except the prohibitions in [F49regulation 21 (export of goods to, or for use in, Belarus) or 27I (import of goods originating from, or consigned from, Belarus), or]

(b)which would constitute a contravention of the prohibition in regulation 28 (circumventing etc prohibitions).”]

Textual Amendments

Commencement Information

I29Sch. 2 para. 29 in force at 31.12.2020, see art. 1(1)

30.  After regulation 43 (trade: information powers) insert—U.K.

“Trade: information offences

43A.—(1) A person commits an offence if that person—

(a)without reasonable excuse, refuses or fails within the time and in the manner specified (or, if no time has been specified, within a reasonable time) to comply with any request under regulation 43 (trade: information powers);

(b)knowingly or recklessly gives any information, or produces any document, which is false in a material particular in response to such a request;

(c)with intent to evade any provision of regulation 43, destroys, mutilates, defaces, conceals or removes any document;

(d)otherwise intentionally obstructs an authorised officer in the exercise of their powers under regulation 43.

(2) Where a person is convicted of an offence under this regulation, the court may make an order requiring that person, within such period as may be specified in the order, to comply with the request.”

Commencement Information

I30Sch. 2 para. 30 in force at 31.12.2020, see art. 1(1)

31.  In regulation 44(4) (general trade licences: records), for “Secretary of State” substitute “Governor”.U.K.

Commencement Information

I31Sch. 2 para. 31 in force at 31.12.2020, see art. 1(1)

32.  In regulation 45 (general trade licences: inspection of records)—U.K.

(a)in paragraph (1), for “A person authorised by the Secretary of State or the Commissioners (an “official”)” substitute “An authorised officer”;

(b)in paragraphs (2) to (5), for “official”, in each place it occurs, substitute “authorised officer”;

(c)in paragraph (5)(a), for “official’s functions” substitute “authorised officer’s functions”.

Commencement Information

I32Sch. 2 para. 32 in force at 31.12.2020, see art. 1(1)

[F5033.  In regulation 46 (disclosure of information)—U.K.

(a)in paragraph (1), for “Secretary of State, the Treasury or the Commissioners” substitute “Governor or an authorised officer”;

(b)in paragraph (2)—

(i)after sub-paragraph (c) insert—

“(ca)taking any action with a view to instituting, or otherwise for the purposes of, any proceedings in the Territory for an offence under any provisions of these Regulations;”;

(ii)in sub-paragraph (d)—

(aa)in paragraph (i), after “Regulations” insert “(as they have effect in the United Kingdom)”;

(bb)in paragraph (ii), [F51after regulation 21 (export of goods to, or for use in, Belarus) or 27I (import of goods originating from, or consigned from, Belarus)” insert “(as they have effect in the United Kingdom)”];

(iii)in sub-paragraph (e), after “any British overseas territory” insert “other than the Territory”;

(iv)in sub-paragraph (g), for “United Kingdom” substitute “Territory”;

(c)in paragraph (3)(j), for “Secretary of State, the Treasury or the Commissioners (as the case may be)” substitute “Governor”.]

Textual Amendments

Commencement Information

I33Sch. 2 para. 33 in force at 31.12.2020, see art. 1(1)

34.  In regulation 47 (Part 7: supplementary)—U.K.

(a)for paragraph (2) substitute—

“(2) But nothing in that regulation authorises a disclosure that would contravene the data protection legislation if that legislation were applicable to the Territory.”

(b)in paragraph (5), for “Treasury licence” substitute “financial sanctions licence”;

(c)after paragraph (5) insert—

“(5A) An authorised officer must, if requested to do so, produce evidence of their authority before exercising any power conferred by this Part.”

(d)in paragraph (6), in the definition of “privileged information”, omit “(in Scotland, to confidentiality of communications)”.

Commencement Information

I34Sch. 2 para. 34 in force at 31.12.2020, see art. 1(1)

35.  In Part 8 (Enforcement), at the beginning insert—U.K.

“Suspected ships, aircraft or vehicles

47A.—(1) Where an authorised officer has reasonable cause to suspect that a ship, aircraft or vehicle has been, or is being, or is about to be, used in the commission of an offence under Part 5 (Trade) or regulation 36(2) (trade: licensing offences), the authorised officer may—

(a)in relation to an aircraft or vehicle, require the relevant person to keep the aircraft or vehicle and any goods it is carrying in the Territory, until the authorised officer notifies the relevant person that the aircraft or vehicle (as the case may be) may depart, or

(b)in relation to a ship, require the relevant person—

(i)not to cause or permit the ship to proceed with the voyage on which it is engaged or about to engage, until the authorised officer notifies the relevant person that the ship may proceed;

(ii)not to land any part of the ship’s cargo at any port specified by the authorised officer, except with the authorised officer’s prior consent;

(iii)if the ship is in port in the Territory, to cause the ship to remain there until the authorised officer notifies the relevant person that the ship may depart;

(iv)if the ship is in any other place, to cause it to proceed to a port specified by the authorised officer and keep it there, until the authorised officer notifies the relevant person that the ship may depart.

(2) Where the authorised officer considers it necessary in order to secure compliance with a requirement made under paragraph (1), the authorised officer may detain the ship, aircraft or vehicle and any goods it is carrying.

(3) Where an authorised officer detains a ship, aircraft or vehicle and any goods it is carrying in accordance with paragraph (2), the authorised officer must deliver to the master of the ship, the aircraft operator or the owner of the vehicle (as the case may be) a detention direction.

(4) A detention direction under paragraph (3) must—

(a)be in writing,

(b)state the grounds on which the ship, aircraft or vehicle is detained, and

(c)state that—

(i)the power to detain is exercised under this regulation, and

(ii)any requirements subject to which the detention is carried out must be complied with.

(5) Paragraph (6) applies, in relation to a ship or aircraft, if—

(a)the ship or aircraft (as the case may be) is not a Territory ship or Territory aircraft, and

(b)there is in the Territory a consular officer for the country to which the ship or aircraft belongs.

(6) A copy of the detention direction must be sent as soon as practicable to the nearest consular officer for the country to which the ship or aircraft belongs.

(7) An authorised officer may use reasonable force, if necessary, in the exercise of any power conferred by this regulation.

(8) An authorised officer must, if requested to do so, produce evidence of their authority before exercising any power conferred by this regulation.

(9) Nothing in this regulation affects any other provision of law conferring powers, imposing restrictions or enabling restrictions to be imposed in respect of ships, aircraft or vehicles.

(10) In this regulation—

“consular officer”, in relation to a foreign country, means the officer recognised by Her Majesty as a consular officer of that foreign country in the Territory;

“the relevant person” means any of the following—

(a)

in relation to a ship, the owner, master or charterer of the ship;

(b)

in relation to an aircraft, the owner, charterer, operator or commander of the aircraft;

(c)

in relation to a vehicle, the owner, driver or operator of the vehicle.

Search warrants

47B.—(1) A magistrate or justice of the peace may issue a search warrant if satisfied by information on oath that—

(a)there is reasonable cause to suspect that a relevant offence under these Regulations has been, or is being, or is about to be, committed, and

(b)evidence in relation to the offence is to be found on a ship, aircraft, vehicle or premises specified in the information.

(2) A search warrant issued under this regulation is a warrant empowering an authorised officer to enter and search the ship, aircraft, vehicle or premises specified in the information, at any time within one month from the date of the warrant.

(3) The powers conferred on an authorised officer by a search warrant under this regulation include powers to—

(a)in the case of a power to enter a ship, aircraft or vehicle, stop that ship, aircraft or vehicle;

(b)enter any land, where such entry appears to the authorised officer to be necessary in order to enter the ship, aircraft, vehicle or premises specified in the information;

(c)take such other persons and such equipment on to the ship, aircraft, vehicle or premises as appear to the authorised officer to be necessary;

(d)inspect and seize any thing found in the course of a search if the authorised officer has reasonable cause to suspect that—

(i)it is evidence in relation to a relevant offence under these Regulations, or

(ii)it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed;

(e)take copies of any document.

(4) An authorised officer who enters a ship, aircraft, vehicle or premises under a search warrant issued under this regulation may—

(a)search any person found on the ship, aircraft, vehicle or premises whom the officer has reasonable cause to suspect to be in possession of any thing which may be required as evidence for the purposes of proceedings in respect of a relevant offence under these Regulations, and

(b)seize any such thing found in such a search.

(5) Any thing seized under paragraphs (3)(d) or (4)(b)—

(a)may be retained for so long as is necessary in all the circumstances, and

(b)where that thing is restricted goods and is not authorised by a trade licence, may be forfeited, disposed of or transferred as appropriate.

(6) A search of a person under paragraph (4)(a) must be carried out by a person of the same sex.

(7) An authorised officer may use reasonable force, if necessary, in the exercise of any power conferred by this regulation.

(8) An authorised officer must, if requested to do so, produce evidence of their authority before exercising any power conferred by this regulation.

(9) Nothing in this regulation affects any other provision of law conferring powers, imposing restrictions or enabling restrictions to be imposed in respect of ships, aircraft or vehicles.

(10) For the purposes of this regulation—

“information on oath” includes any other form of application for a search warrant applicable in the Territory;

“justice of the peace” includes other competent judicial authorities within the Territory responsible for issuing search warrants;

“restricted goods” has the meaning given in regulation 18 (definition of “restricted goods” and “restricted technology”);

“relevant offence” means an offence which is punishable with a term of imprisonment of more than 6 months.”

Commencement Information

I35Sch. 2 para. 35 in force at 31.12.2020, see art. 1(1)

[F5236.  For regulation 48 (penalties for offences) substitute—U.K.

“48.—(1) Paragraphs (3) to (7) apply to—

(a)Anguilla;

(b)British Antarctic Territory;

(c)British Indian Ocean Territory;

(d)Cayman Islands;

(e)Montserrat;

(f)Pitcairn, Henderson, Ducie and Oeno Islands;

(g)Turks and Caicos Islands;

(h)Virgin Islands.

(2) Paragraphs (8) to (12) apply to—

(a)Falkland Islands;

(b)St Helena, Ascension and Tristan da Cunha;

(c)South Georgia and the South Sandwich Islands;

(d)the Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus.

(3) A person who commits an offence under any provision of Part 3 (Finance), [F53regulation 29D(A1) to (3) (aircraft offences), 29F (prohibition on port entry), 29G(4) (directions prohibiting port entry), 29H(3) (movement of ships)] or regulation 35 (finance: licensing offences) is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding £5,000 or its equivalent in the currency of the Territory, or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 7 years, or a fine, or both.

(4) A person who commits an offence under any provision of Part 5 (Trade) is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding £5,000 or its equivalent in the currency of the Territory, or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 10 years, or a fine, or both.

(5) A person who commits an offence under regulation 9(6) (confidentiality), [F5436 (trade: licensing offences), 36A (aircraft: licensing offences)], 44(6) or 45(5) (offences in connection with trade licences) is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding £5,000 or its equivalent in the currency of the Territory, or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.

(6) A person who commits an offence under regulation 29D(4) (confidentiality), [F5529G(6) (directions prohibiting entry: confidentiality), 29H(5) (movement of ships: confidentiality),] 38(6) or 42 (information offences in connection with Part 3) is liable, on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding £5,000 or its equivalent in the currency of the Territory, or both.

(7) A person who commits an offence under regulation 43A (trade: information offences) is liable, on summary conviction, to a fine not exceeding £1,000 or its equivalent in the currency of the Territory.

(8) A person who commits an offence under any provision of Part 3 (Finance), [F53regulation 29D(A1) to (3) (aircraft offences), 29F (prohibition on port entry), 29G(4) (directions prohibiting port entry), 29H(3) (movement of ships)] or regulation 35 (finance: licensing offences) is liable on conviction to imprisonment for a term not exceeding 7 years, or a fine, or both.

(9) A person who commits an offence under any provision of Part 5 (Trade) is liable on conviction to imprisonment for a term not exceeding 10 years, or a fine, or both.

(10) A person who commits an offence under regulation 9(6) (confidentiality), [F5436 (trade: licensing offences), 36A (aircraft: licensing offences)], 44(6) or 45(5) (offences in connection with trade licences) is liable on conviction to imprisonment for a term not exceeding 2 years, or a fine, or both.

(11) A person who commits an offence under regulation 29D(4) (confidentiality), [F5529G(6) (directions prohibiting entry: confidentiality), 29H(5) (movement of ships: confidentiality),] 38(6) or 42 (information offences in connection with Part 3) is liable on conviction to imprisonment for a term not exceeding 6 months, or a fine not exceeding £5,000 or its equivalent in the currency of the Territory, or both.

(12) A person who commits an offence under regulation 43A (trade: information offences) is liable on conviction to a fine not exceeding £1,000 or its equivalent in the currency of the Territory.

(13) Where a fine in this regulation is expressed to be a sum in sterling or its equivalent in the currency of the Territory, the Governor may issue guidance specifying how to calculate the amount in the currency of the Territory which is to be considered equivalent to that sum in sterling.”]

Textual Amendments

Commencement Information

I36Sch. 2 para. 36 in force at 31.12.2020, see art. 1(1)

37.  In regulation 49 (liability of officers of bodies corporate etc), omit paragraph (4).U.K.

Commencement Information

I37Sch. 2 para. 37 in force at 31.12.2020, see art. 1(1)

38.  In regulation 50 (jurisdiction to try offences)—U.K.

(a)in paragraphs (1) and (2), for “United Kingdom”, in each place it occurs, substitute “Territory”;

(b)omit paragraphs (3) and (4).

Commencement Information

I38Sch. 2 para. 38 in force at 31.12.2020, see art. 1(1)

39.  After regulation 50 (jurisdiction to try offences), insert—U.K.

“Consent to prosecutions

50A.—(1) Proceedings for an offence under these Regulations must not be instituted in the Territory except with the consent of the principal public officer of the Territory responsible for criminal prosecutions.

(2) Nothing in paragraph (1) prevents—

(a)the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of an offence under these Regulations, or

(b)the remand in custody or on bail of any person charged with such an offence.”

Commencement Information

I39Sch. 2 para. 39 in force at 31.12.2020, see art. 1(1)

40.  For regulation 51 (procedure for offences by unincorporated bodies) substitute—U.K.

“51.  Any provision in an enactment which applies in the Territory in relation to criminal proceedings brought against a body corporate applies also for the purposes of proceedings in the Territory for an offence under these Regulations brought against an unincorporated body.”

Commencement Information

I40Sch. 2 para. 40 in force at 31.12.2020, see art. 1(1)

41.  In regulation 52 (time limit for proceedings for summary offences), omit paragraph (4).U.K.

Commencement Information

I41Sch. 2 para. 41 in force at 31.12.2020, see art. 1(1)

42.  Omit regulation 53 (trade enforcement: application of CEMA) (including the heading).U.K.

Commencement Information

I42Sch. 2 para. 42 in force at 31.12.2020, see art. 1(1)

43.  Omit regulation 54 (trade offences in CEMA: modification of penalty) (including the heading).U.K.

Commencement Information

I43Sch. 2 para. 43 in force at 31.12.2020, see art. 1(1)

44.  Omit regulation 55 (application of Chapter 1 of Part 2 of Serious Organised Crime and Police Act 2005(6)) (including the heading).U.K.

Commencement Information

I44Sch. 2 para. 44 in force at 31.12.2020, see art. 1(1)

45.  Omit regulation 56 (monetary penalties) (including the heading).U.K.

Commencement Information

I45Sch. 2 para. 45 in force at 31.12.2020, see art. 1(1)

46.  In regulation 57 (exercise of maritime enforcement powers)—U.K.

(a)for paragraph (1) substitute—

“(1) A maritime enforcement officer may, for a purpose mentioned in paragraph (2) or (3), exercise any of the maritime enforcement powers in relation to a relevant ship in international waters.”

(b)omit paragraph (5);

(c)at the end, insert—

“(6) In this Part, “a relevant ship” means, in relation to the Territory, a Territory ship.”

Commencement Information

I46Sch. 2 para. 46 in force at 31.12.2020, see art. 1(1)

47.  In regulation 58 (maritime enforcement officers)—U.K.

(a)in paragraph (1)—

(i)omit sub-paragraphs (b), (d), (e), (f) and (h);

(ii)for sub-paragraph (c) substitute—

“(c)a police officer of the Territory;”;

(iii)for sub-paragraph (g) substitute—

“(g)a customs officer of the Territory;”;

(b)omit paragraph (2).

Commencement Information

I47Sch. 2 para. 47 in force at 31.12.2020, see art. 1(1)

48.  In regulation 59(2)(c) (power to stop, board, search etc), for “United Kingdom” substitute “Territory”.U.K.

Commencement Information

I48Sch. 2 para. 48 in force at 31.12.2020, see art. 1(1)

49.  Omit regulation 61 (restrictions on exercise of maritime enforcement powers) (including the heading).U.K.

Commencement Information

I49Sch. 2 para. 49 in force at 31.12.2020, see art. 1(1)

50.  In regulation 63 (notices), for “United Kingdom”, in each place it occurs, substitute “Territory”.U.K.

Commencement Information

I50Sch. 2 para. 50 in force at 31.12.2020, see art. 1(1)

51.  Omit regulation 64 (article 20 of the Export Control Order 2008) (including the heading).U.K.

Commencement Information

I51Sch. 2 para. 51 in force at 31.12.2020, see art. 1(1)

52.  Omit regulation 65 (trade: overlapping offences) (including the heading).U.K.

Commencement Information

I52Sch. 2 para. 52 in force at 31.12.2020, see art. 1(1)

53.  Omit regulation 66 (revocation of the Belarus Council Regulation) (including the heading).U.K.

Commencement Information

I53Sch. 2 para. 53 in force at 31.12.2020, see art. 1(1)

54.  Omit regulation 67 (other revocations and amendments) (including the heading).U.K.

Commencement Information

I54Sch. 2 para. 54 in force at 31.12.2020, see art. 1(1)

55.  In regulation 68 (transitional provision: Treasury licences)—U.K.

(a)in the heading, for “Treasury licences” substitute “financial sanctions licences”;

(b)in paragraph (1)(a), for “, or deemed to be granted, by the Treasury under regulation 9 of the 2013 Regulations” substitute “by the Governor under article 8 of the 2011 Order”;

(c)in paragraph (2), for “Treasury under regulation 32(1) (Treasury licences)” substitute “Governor under regulation 32(1) (financial sanctions licences)”;

(d)in paragraph (3), for “2013 Regulations” substitute “2011 Order”;

(e)in paragraph (4), before sub-paragraph (a), insert—

“(za)the 2011 Order,”;

(f)in paragraph (5)(a), for “2013 Regulations” substitute “2011 Order”;

(g)in paragraph (6), for “(Treasury licences)” substitute “(financial sanctions licences)”;

(h)in paragraph (7)—

(i)at the appropriate place, insert—

““the 2011 Order” means the Belarus (Restrictive Measures) (Overseas Territories) Order 2011(7);”;

(ii)for the definition of “the relevant date” substitute—

““the relevant date” means the date on which Part 3 comes into force.”

Commencement Information

I55Sch. 2 para. 55 in force at 31.12.2020, see art. 1(1)

56.  For regulation 69 (transitional provision: trade licences) substitute—U.K.

“69.—(1) Paragraphs (2) and (3) apply to a licence which—

(a)was granted by the Governor under article 8 of the 2011 Order,

(b)was in effect immediately before the relevant date, and

(c)authorises an act which would (on and after the relevant date, and in the absence of paragraphs (2) to (4)) be prohibited by Part 5 (Trade),

and such a licence is referred to in this regulation as an “existing trade sanctions licence”.

(2) 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 Governor under regulation 33 (trade licences).

(3) Any reference in an existing trade sanctions licence to a prohibition in the 2011 Order is to be treated on and after the relevant date as a reference to the corresponding prohibition in Part 5.

(4) In this regulation—

“the 2011 Order” has the meaning it has in regulation 68 (transitional provision: financial sanctions licences);

“the relevant date” means the date on which Part 5 comes into force.”

Commencement Information

I56Sch. 2 para. 56 in force at 31.12.2020, see art. 1(1)

57.  For regulation 70 (transitional provision: pending applications for trade licences) substitute—U.K.

“70.—(1) Paragraph (2) applies where—

(a)an application was made before the relevant date for a licence under the 2011 Order,

(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 an application for a licence under regulation 33 (trade licences).

(3) In this regulation—

“the 2011 Order” has the meaning it has in regulation 68 (transitional provision: financial sanctions licences);

“the relevant date” means the date on which Part 5 comes into force.”

Commencement Information

I57Sch. 2 para. 57 in force at 31.12.2020, see art. 1(1)

58.  In regulation 71 (transitional provisions: prior obligations)—U.K.

(a)in paragraph (2)(b), for “(Treasury licences: purposes)” substitute “(financial sanctions licences: purposes)”;

(b)in paragraph (3), for the definition of “the relevant date” substitute—

““the relevant date” means the date on which Part 3 comes into force.”

Commencement Information

I58Sch. 2 para. 58 in force at 31.12.2020, see art. 1(1)

59.  In Schedule 3 (Treasury licences: purposes)—U.K.

(a)in the heading, for “Treasury licences” substitute “Financial sanctions licences”;

(b)in the definition of “frozen funds or economic resources” in paragraph 1, for “the designation of that person for the purpose of that regulation” substitute “that person being a designated person for the purposes of Part 3 (Finance) as defined in regulation 10 (meaning of “designated person” in Part 3)”;

(c)in paragraph 6(b)(ii) (pre-existing judicial decisions etc.), for “United Kingdom” substitute “Territory”;

[F56(ca)in paragraph 7(2) (diplomatic missions etc.), for “diplomatic mission or consular post of Belarus in the United Kingdom” substitute “consular post of Belarus in the Territory”;]

[F57(d)in paragraph 14 (diplomatic missions etc.), for “diplomatic mission or consular post of Belarus in the United Kingdom” substitute “consular mission of Belarus in the Territory;]

[F58(e)in paragraph 21(2) (financial regulation), for “United Kingdom, including the Financial Conduct Authority, the Prudential Regulation Authority and the Bank of England” substitute “Territory”;

(f)in paragraph 22(2) (financial stability), for “Bank of England, that is necessary or expedient in order to protect or enhance the stability of the financial system of the United Kingdom” substitute “central monetary authority of the Territory, that is necessary or expedient in order to protect or enhance the stability of the financial system of the Territory”;

(g)in paragraph 23 (safety and soundness of a firm), for “the relevant supervising authority or authorities, that is necessary or expedient in order to promote the safety and soundness of a firm which is supervised by the Bank of England, the Prudential Regulation Authority or the Financial Conduct Authority” substitute “the authority responsible for the regulation of financial services in the Territory that is necessary or expedient in order to promote the safety and soundness of a firm which is supervised by that authority”.]

Textual Amendments

Commencement Information

I59Sch. 2 para. 59 in force at 31.12.2020, see art. 1(1)

(1)

1981 c.61. Part IV has been amended by the British Overseas Territories Act 2002 (c.8), section 1(1)(b); and the Nationality, Immigration and Asylum Act 2002 (c.41), Schedule 2, paragraph 1(i).

(2)

ETS Numbers 005, 009, 046, 114, 117, 177, 187 and CETS Numbers 194, 213 and 214.

(3)

United Nations Treaty Series, vol. 189, p. 137 and vol. 606, p. 267.

(4)

2000 c.8. Part 4A was inserted by the Financial Services Act 2012 (c.21), section 11(2) ) and most recently amended by S.I. 2018/1149; it is prospectively amended by S.I. 2019/632.

(5)

1979 c. 38. Section 1 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73), Schedule 1, paragraph 40; the Planning (Consequential Provisions) Act 1990 (c.11), Schedule 2, paragraph 42; the Planning (Consequential Provisions) (Scotland) Act 1997 (c.11), Schedule 2, paragraph 28; the Enterprise and Regulatory Reform Act 2013 (c.24), section 70; S.I. 1991/2684; S.I. 2000/121; and S.I. 2001/1283.

(6)

2005 c.15. Chapter 1 of Part 2 has been amended by the Terrorism Act 2006 (c.11), section 33(2) to (4); the Northern Ireland (Miscellaneous Provisions) Act 2006 (c.33), sections 26(2) and 30(2) and Schedules 3 and 5; the Bribery Act 2010 (c.23), section 17(2) and Schedule 1; the Criminal Justice and Licensing (Scotland) Act 2010 (asp.13), section 203 and Schedule 7, paragraph 77; the Crime and Courts Act 2013 (c.22), section 15 and Schedule 8, paragraphs 157 and 159; the Criminal Finances Act 2017 (c.22), section 51(1); the Sanctions and Anti-Money Laundering Act 2018, section 59(4) and Schedule 3, paragraph 4; and S.I. 2014/834.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

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.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: