The Misappropriation (Sanctions) (EU Exit) Regulations 2020

PART 8 U.K. Supplementary and final provision

Notices U.K.

37.—(1) This regulation applies in relation to a notice required by regulation 21 (Treasury licences) 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 their 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”—

  (a)

  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

  (b)

  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

I1 Reg. 37 in force at 31.12.2020 by S.I. 2020/1514, reg. 23(2)

Revocations U.K.

38.  The following instruments are revoked—

(a) Council Regulation (EU) No 101/2011 of 4 February 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia;

(b) Council Regulation (EU) No 270/2011 of 21 March 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt;

(c) Council Regulation (EU) No 208/2014 of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine;

(d) the Tunisia (Asset-Freezing) Regulations 2011 M1 ;

(e) the Egypt (Asset-Freezing) Regulations 2011 M2 ;

(f) the Ukraine (European Union Financial Sanctions) Regulations 2014 M3 .

Commencement Information

I2 Reg. 38 in force at 31.12.2020 by S.I. 2020/1514, reg. 23(2)

Marginal Citations

M1 S.I. 2011/888, as amended by the Sentencing Act 2020, Schedule 24, paragraph 446(1); S.I. 2013/472; S.I. 2013/534; S.I. 2017/560; S.I. 2017/754; S.I. 2018/682; S.I. 2018/1149; and S.I. 219/380.

M2 S.I. 2011/887, as amended by the Sentencing Act 2020, Schedule 24, paragraph 446(1); S.I. 2013/472; S.I. 2013/534; S.I. 2017/560; S.I. 2017/754; S.I. 2018/682; S.I. 2018/1149; and S.I. 219/380.

M3 S.I. 2014/507, as amended by the Sentencing Act 2020, Schedule 24, paragraph 446(1); S.I. 2017/560; S.I. 2017/754; S.I. 2018/682; S.I. 2018/1090; S.I. 2018/1149; and S.I. 2019/380.

Transitional provision: Treasury licences U.K.

39.—(1) Paragraphs (2) to (4) apply to a licence which—

(a) was granted by the Treasury under—

(i) regulation 9 of the Tunisia Regulations,

(ii) regulation 9 of the Egypt Regulations,

(iii) regulation 9 of the Ukraine 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 which authorises an act which would otherwise be prohibited has effect on and after the relevant date as if it had been issued by the Treasury under regulation 21(1) (Treasury licences).

(3) Any reference in an existing financial sanctions licence to—

(a) the Tunisia Regulations,

(b) the Egypt Regulations,

(c) the Ukraine Regulations,

(d) the EU Tunisia Regulation,

(e) the EU Egypt Regulation, or

(f) the EU Ukraine Regulation,

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 any of the instruments listed in paragraph (3) 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 Regulations listed in paragraph (3) was made before the relevant date,

(b) the application is for the authorisation of conduct which would (on and 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 21(1) (Treasury licences).

(7) In this regulation—

“the Egypt Regulations” means the Egypt (Asset-Freezing) Regulations 2011;

“the EU Tunisia Regulation” means Council Regulation (EU) No 101/2011 of 4 February 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia M4 , as it has effect in EU law;

“the EU Egypt Regulation” means Council Regulation (EU) No 270/2011 of 21 March 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt M5 , as it has effect in EU law;

“the EU Ukraine Regulation” means Council Regulation (EU) No 208/2014 of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine M6 , as it has effect in EU law;

“the relevant date” means—

(a)

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, and

(b)

otherwise, the date on which Part 3 comes into force;

“the Tunisia Regulations” means the Tunisia (Asset-Freezing) Regulations 2011;

“the Ukraine Regulations” means the Ukraine (European Union Financial Sanctions) Regulations 2014.

Commencement Information

I3 Reg. 39 in force at 31.12.2020 by S.I. 2020/1514, reg. 23(2)

Marginal Citations

M4 OJ No. L 31, 5.2.2011, p. 1–12.

M5 OJ No. L 76, 22.3.2011, p. 4–12.

M6 OJ No. L 66, 6.3.2014, p. 1–10.

Transitional provision: prior obligations etc. U.K.

40.—(1) Where—

(a) a person was named in—

(i) Annex I to the EU Tunisia Regulation,

(ii) Annex I to the EU Egypt Regulation, or

(iii) Annex I to the EU Ukraine 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 (2) to the date on which a person became a designated person is a reference to the date on which the person was so named.

(2) The provisions referred to in paragraph (1) are—

(a) regulation 18(5) (finance: exceptions from prohibitions), and

(b) paragraphs 6(b)(i) and 8(a) of Schedule 2 (Treasury licences: purposes).

(3) In this regulation—

“designated person” has the same meaning as it has in Part 3 (Finance);

“the EU Egypt Regulation” has the meaning given in regulation 39(7);

“the EU Tunisia Regulation” has the meaning given in regulation 39(7);

“the EU Ukraine Regulation” has the meaning given in regulation 39(7);

“the relevant date” means—

(a)

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, and

(b)

otherwise, the date on which Part 3 comes into force.

Commencement Information

I4 Reg. 40 in force at 31.12.2020 by S.I. 2020/1514, reg. 23(2)