http://www.legislation.gov.uk/id/uksi/2020/1665

PART 1General

Citation and commencementI11

1

These Regulations may be cited as the Libya (Sanctions) (EU Exit) Regulations 2020.

2

The following provisions come into force on 30th December 2020—

a

this regulation;

b

regulation 2 (interpretation);

c

regulation 4 (purposes);

d

regulation 5 (power to designate persons);

e

regulation 6 (criteria for designating a person);

f

regulation 7 (meaning of “owned or controlled directly or indirectly”);

g

regulation 8 (notification and publicity where designation power used);

h

regulation 10 (designation of persons named by or under UN Security Council Resolutions);

i

regulation 32 (interpretation of Part 5);

j

Schedule 1 (rules for interpretation of regulation 7(2)).

3

All other provisions come into force on IP completion day M1.

InterpretationI22

In these Regulations—

“the Act” means the Sanctions and Anti-Money Laundering Act 2018;
“arrangement” includes any agreement, understanding, scheme, transaction or series of transactions, whether or not legally enforceable (but see paragraph 12 of Schedule 1 for the meaning of that term in that Schedule);
“CEMA” means the Customs and Excise Management Act 1979 M2;
“the Commissioners” means the Commissioners for Her Majesty's Revenue and Customs;
“the Committee” means the Committee of the Security Council established in accordance with paragraph 24 of resolution 1970;
“conduct” includes acts and omissions;
“document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include producing a copy of the information in legible form;
“the EU Libya Regulation” means Council Regulation (EU) 2016/44 of 18 January 2016 concerning restrictive measures in view of the situation in Libya and repealing Regulation (EU) No 204/2011 M3, as it has effect in EU law; a “non-UN designated person” means a person—
1. a
  who is designated under regulation 5 (power to designate persons) for the purposes of regulations 12 to 16 (asset-freeze etc.), and
2. b
  whose designation (in the opinion of the Secretary of State) is not required by paragraph 17 of resolution 1970;
“port licence” means a licence under regulation 50;
“resolution 1970” means resolution 1970 (2011) adopted by the Security Council on 26 February 2011;
“resolution 1973” means resolution 1973 (2011) adopted by the Security Council on 17 March 2011;
“resolution 2009” means resolution 2009 (2011) adopted by the Security Council on 16 September 2011;
“resolution 2095” means resolution 2095 (2013) adopted by the Security Council on 14 March 2013;
“resolution 2146” means resolution 2146 (2014) adopted by the Security Council on 19 March 2014;
“resolution 2174” means resolution 2174 (2014) adopted by the Security Council on 27 August 2014;
“resolution 2213” means resolution 2213 (2015) adopted by the Security Council on 27 March 2015;
“resolution 2362” means resolution 2362 (2017 adopted by the Security Council on 29 June 2017;
“resolution 2441” means resolution 2441 (2018) adopted by the Security Council on 5 November 2018;
“trade licence” means a licence under regulation 49;
“Treasury licence” means a licence under regulation 48(1);
“United Kingdom person” has the same meaning as in section 21 of the Act.

Application of prohibitions and requirements outside the United KingdomI343

1

A United Kingdom person may contravene a relevant prohibition by conduct wholly or partly outside the United Kingdom.

2

Any person may contravene a relevant prohibition or the prohibition under regulation 42(2)(b) (overflight of aircraft) by conduct in the territorial sea.

3

In this regulation, a “relevant prohibition” means any prohibition imposed by—

a

regulation 9(2) (confidential information),

b

Part 3 (Finance),

c

Part 5 (Trade),

d

Part 6 (UN designated ships), except for regulation 36 (port access or entry for UN designated ships), or

e

a condition of a Treasury licence, a trade licence or a port licence.

4

A United Kingdom person may comply, or fail to comply, with a relevant requirement by conduct wholly or partly outside the United Kingdom.

5

Any person may comply, or fail to comply, with a relevant requirement by conduct in the territorial sea.

6

In this regulation, a “relevant requirement” means any requirement imposed—

a

by or under Part 9 (Information and records), or by reason of a request made under a power conferred by that Part, or

b

by a condition of a Treasury licence, a trade licence or a port licence.

7

Nothing in this regulation is to be taken to prevent a relevant prohibition or a relevant requirement from applying to conduct (by any person) in the United Kingdom.

PurposesI34

1

The regulations contained in this instrument that are made under section 1 of the Act have the following purposes—

a

compliance with the relevant UN obligations, and

a reference to persons named by the Security Council or the Committee for the purposes of paragraph 17 of resolution 1970 includes persons named by virtue of paragraph 19 of resolution 1973;

b

a reference to the obligations the United Kingdom has by virtue of paragraph 17 of resolution 1970 is to that provision as read with—

i

paragraph 23 of resolution 1973,

ii

paragraph 15 of resolution 2009,

iii

paragraph 4 of resolution 2174,

iv

paragraph 11 of resolution 2213,

v

paragraph 11 of resolution 2362, and

vi

paragraph 11 of resolution 2441.

PART 2Designation of persons

Power to designate personsI45

1

The Secretary of State may designate persons by name for the purposes of any of the following—

a

regulations 12 to 16 (asset-freeze etc.);

b

regulation 22 (immigration).

2

The Secretary of State may designate different persons for the purposes of different provisions mentioned in paragraph (1).

providing financial services M6, or making available funds or economic resources M7, that could contribute to any such activity;

c

being involved in the supply to Libya of restricted goods or restricted technology or of material related to such goods or technology, or in providing financial services relating to such supply;

d

being involved in the supply to Libya of goods or technology which could contribute to any such activity, or in providing financial services relating to such supply;

e

assisting the contravention or circumvention of any relevant provision.

4

For the purposes of this regulation, being “involved in” misappropriating Libyan state funds includes owning or controlling Libyan state funds which were misappropriated during the former regime of Muammar Qadhafi.

5

In this regulation—

“relevant provision” means—
1. a
  any provision of Part 3 (Finance), Part 5 (Trade), Part 6 (Trade, transport and finance measures related to UN designated ships), or Part 7 (Aircraft);
2. b
  any provision of the law of a country other than the United Kingdom made for purposes corresponding to a purpose of any provision of Part 3 or Parts 5 to 7;
3. c
  any provision of resolution 1970, resolution 1973 or resolution 2146;
“restricted goods” and “restricted technology” have the meanings given by Part 5.

6

Nothing in any sub-paragraph of paragraph (3) is to be taken to limit the meaning of any of the other sub-paragraphs of that paragraph.

Meaning of “owned or controlled directly or indirectly”I67

1

A person who is not an individual (“C”) is “owned or controlled directly or indirectly” by another person (“P”) if either of the following two conditions is met (or both are met).

2

The first condition is that P—

a

holds directly or indirectly more than 50% of the shares in C,

b

holds directly or indirectly more than 50% of the voting rights in C, or

c

holds the right, directly or indirectly, to appoint or remove a majority of the board of directors of C.

3

Schedule 1 contains provision applying for the purpose of interpreting paragraph (2).

4

The second condition is that it is reasonable, having regard to all the circumstances, to expect that P would (if P chose to) be able, in most cases or in significant respects, by whatever means and whether directly or indirectly, to achieve the result that affairs of C are conducted in accordance with P's wishes.

take steps to publicise generally the designation and the statement of reasons relating to it.

Confidential information in certain cases where designation power usedI359

1

Where the Secretary of State in accordance with regulation 8(7)(b) informs only certain persons of a designation, variation or revocation and (in the case of a designation) of the contents of the statement of reasons, the Secretary of State may specify that any of that information is to be treated as confidential.

2

A person (“P”) who—

a

is provided with information that is to be treated as confidential in accordance with paragraph (1), or

b

obtains such information,

must not, subject to paragraph (3), disclose it if P knows, or has reasonable cause to suspect, that the information is to be treated as confidential.

3

The prohibition in paragraph (2) does not apply to any disclosure made by P with lawful authority.

4

For this purpose information is disclosed with lawful authority only if and to the extent that—

a

the disclosure is by, or is authorised by, the Secretary of State,

b

the disclosure is by or with the consent of the person who is or was the subject of the designation,

c

the disclosure is necessary to give effect to a requirement imposed under or by virtue of these Regulations or any other enactment, or

d

the disclosure is required, under rules of court, tribunal rules or a court or tribunal order, for the purposes of legal proceedings of any description.

5

This regulation does not prevent the disclosure of information that is already, or has previously been, available to the public from other sources.

6

A person who contravenes the prohibition in paragraph (2) commits an offence.

7

The High Court (in Scotland, the Court of Session) may, on the application of—

a

the person who is the subject of the information, or

b

the Secretary of State,

grant an injunction (in Scotland, an interdict) to prevent a breach of the prohibition in paragraph (2).

8

In paragraph (4)(c), “enactment” has the meaning given by section 54(6) of the Act.

Designation of persons named by or under UN Security Council ResolutionsI810

1

Any person falling within paragraph (2), other than the Libyan Investment Authority and the Libyan Africa Investment Portfolio, is a designated person for the purposes of regulations 12 to 16 (asset-freeze etc.) (whose purposes include compliance with the UN obligations mentioned in regulation 4(3)(a)) M8.

2

A person falls within this paragraph if that person is—

a

for the time being named by the Security Council or the Committee for the purposes of paragraph 17 of resolution 1970;

b

for the time being named by the Security Council or the Committee for the purposes of paragraph 19 of resolution 1973.

3

The Libyan Investment Authority and the Libyan Africa Investment Portfolio named in Annex II of resolution 1973 are designated persons for the purposes of regulations 18 to 20 (partial asset-freeze etc.) (whose purpose is compliance with the UN obligations mentioned in regulation 4(3)(a) and in particular regulation 4(4)(b)(ii)).

4

Nothing in this regulation affects the power under regulation 5 to designate persons (in addition to those designated by this regulation) for the purposes of regulations 12 to 16.

PART 3Finance

CHAPTER 1Asset-freeze etc.

Meaning of “designated person” in Chapter 1I911

In this Chapter a “designated person” means—

a

a person who is designated under regulation 5 for the purposes of regulations 12 to 16 (asset-freeze etc.), or

b

a person who is a designated person for the purposes of those regulations by reason of regulation 10(1).

For the avoidance of doubt, the reference in paragraph (1) to a designated person includes P if P is a designated person.

includes, in particular, a reference to—

i

ii

any tangible property (other than real property), or bearer security, that is comprised in funds or economic resources and is in the possession of the person;

b

does not include funds or economic resources owned, held or controlled by a person who is owned or controlled directly or indirectly (within the meaning of regulation 7) by the designated person.

8

In this regulation—

“relevant account” means an account with a relevant institution which is held or controlled (directly or indirectly) by a designated person;
“relevant institution” has the same meaning that it has in regulation 43 (finance: exceptions from prohibitions).

9

For the avoidance of doubt the reference to a designated person in paragraph (4), and in the definition of “relevant account” in paragraph (8), includes P if P is a designated person.

Making funds available to designated personsI1719

2

A person who contravenes a prohibition in paragraph (1) commits an offence.

PART 4Immigration

ImmigrationI3622

A person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation is an excluded person for the purposes of section 8B of the Immigration Act 1971 M9.

PART 5Trade

CHAPTER 1Trade prohibitions related to goods and technology

Export of restricted goodsI3723

1

The export of restricted goods to, or for use in, Libya is prohibited.

2

Paragraph (1) is subject to Part 8 (Exceptions and licences).

Import of arms and related materiel and internal repression goodsI3824

1

The import of the following goods which are consigned from Libya is prohibited—

a

arms and related materiel;

b

internal repression goods.

2

The import of goods mentioned in paragraph (1) which originate in Libya, is prohibited.

3

Paragraphs (1) and (2) are subject to Part 8 (Exceptions and licences).

Supply and delivery of certain goodsI3925

1

A person must not—

a

directly or indirectly supply or deliver restricted goods from a third country to a place in Libya;

b

directly or indirectly supply or deliver military goods or internal repression goods from a place in Libya to a third country.

2

Paragraph (1) is subject to Part 8 (Exceptions and licences).

3

A person who contravenes a prohibition in paragraph (1) commits an offence, but —

a

it is a defence for a person charged with the offence of contravening paragraph (1)(a) to show that the person did not know and had no reasonable cause to suspect that the goods were destined (or ultimately destined) for Libya.

b

it is a defence for a person charged with the offence of contravening paragraph (1)(b) to show that the person did not know and had no reasonable cause to suspect that the supply or delivery was from a place in Libya, whether directly or indirectly.

4

In this regulation “third country” means a country that is not the United Kingdom, the Isle of Man or Libya.

Making available or acquiring certain goods and technologyI4026

1

A person must not—

a

directly or indirectly make restricted goods or restricted technology available to a person connected with Libya;

b

directly or indirectly make restricted goods or restricted technology available for use in Libya;

c

directly or indirectly acquire military goods, internal repression goods or restricted technology from a person connected with Libya;

d

directly or indirectly acquire military goods, internal repression goods or restricted technology which originate in Libya;

e

directly or indirectly acquire military goods, internal repression goods or restricted technology located in Libya.

2

Paragraph (1) is subject to Part 8 (Exceptions and licences).

3

A person who contravenes a prohibition in paragraph (1) commits an offence, but—

a

it is a defence for a person charged with the offence of contravening paragraph (1)(a) or (c) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Libya;

b

it is a defence for a person charged with the offence of contravening paragraph (1)(b) to show that the person did not know and had no reasonable cause to suspect that the goods or technology were for use in Libya;

c

it is a defence for a person charged with the offence of contravening paragraph (1)(d) to show that the person did not know and had no reasonable cause to suspect that the goods or technology originated in Libya;

d

it is a defence for a person charged with the offence of contravening paragraph (1)(e) to show that the person did not know and had no reasonable cause to suspect that the goods or technology were located in Libya.

Transfer of restricted technologyI4127

1

A person must not—

a

transfer restricted technology to a place in Libya;

b

transfer restricted technology to a person connected with Libya;

c

transfer restricted technology to persons outside the United Kingdom or to a place outside the United Kingdom, where the transfer is from a place in Libya.

2

Paragraph (1) is subject to Part 8 (Exceptions and licences).

3

A person who contravenes a prohibition in paragraph (1) commits an offence, but—

a

it is a defence for a person charged with the offence of contravening paragraph (1)(a) to show that the person did not know and had no reasonable cause to suspect that the transfer was to a place in Libya;

b

it is a defence for a person charged with the offence of contravening paragraph (1)(b) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Libya;

c

it is a defence for a person charged with the offence of contravening paragraph (1)(c) to show that the person did not know and had no reasonable cause to suspect that the transfer was from a place in Libya.

Technical assistance relating to restricted goods and restricted technologyI4228

Paragraph (1) is subject to Part 8 (Exceptions and licences).

3

A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with that offence to show that the person did not know and had no reasonable cause to suspect that the brokering services were provided in relation to an arrangement mentioned in that paragraph.

4

In this regulation—

“non-UK country” means a country that is not the United Kingdom;
“third country” means—
1. a
  for the purposes of paragraph (1)(a) and (b), a country that is not the United Kingdom, the Isle of Man or Libya,
2. b
  for the purposes of any other provision of paragraph (1), a country that is not the United Kingdom or Libya.

CHAPTER 2Enabling or facilitating the conduct of armed hostilities

Enabling or facilitating the conduct of armed hostilitiesI4531

1

A person must not directly or indirectly provide—

a

technical assistance,

b

armed personnel,

c

financial services or funds, or

d

brokering services in relation to an arrangement whose object or effect is to provide, in a non-UK country, anything mentioned in sub-paragraphs (a) to (c),

where such provision enables or facilitates the conduct of armed hostilities in Libya.

2

Paragraph (1) is subject to Part 8 (Exceptions and licences).

3

A person who contravenes the prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with that offence to show that the person did not know and had no reasonable cause to suspect that the provision as mentioned in paragraph (1) would enable or facilitate the conduct of armed hostilities in Libya.

4

In this regulation—

“non-UK country” means a country that is not the United Kingdom;
“technical assistance” means the provision of technical support or any other technical service.

5

Nothing in this regulation is to be taken to limit the meaning of any of the prohibitions contained in Chapter 1.

CHAPTER 3Interpretation, circumvention and defences

Interpretation of this PartI2032

1

In this Part—

“arms and related materiel” means—
1. a
  military goods, and
2. b
  any thing which is, or would be, classified under chapter 93 of the Goods Classification Table, other than military goods;
“brokering service” means any service to secure, or otherwise in relation to, an arrangement, including but not limited to—
1. a
  the selection or introduction of persons as parties or potential parties to the arrangement,
2. b
  the negotiation of the arrangement,
3. c
  the facilitation of anything that enables the arrangement to be entered into, and
4. d
  the provision of any assistance that in any way promotes or facilitates the arrangement;
“the Goods Classification Table” has the same meaning as it has in paragraph 1(3) in Part 1 of Schedule 3;
“goods which could be used for migrant smuggling and human trafficking” has the meaning given in paragraph 2 of Schedule 3;
“internal repression goods” means—
1. a
  any thing specified in Schedule 2, other than—
  1. i
    any thing which is internal repression technology, or
  2. ii
    any thing for the time being specified in—
  3. aa
    Schedule 2 to the Export Control Order 2008 M10, or
  4. bb
    Annex Ⅰ of Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items, and
2. b
  any tangible storage medium on which internal repression technology is recorded or from which it can be derived;
“internal repression technology” means any thing which is described in Schedule 2 as software or technology, within the meaning of that Schedule;
“military goods” means—
1. a
  any thing for the time being specified in Schedule 2 to the Export Control Order 2008, other than any thing which is military technology, and
2. b
  any tangible storage medium on which military technology is recorded or from which it can be derived;
“military technology” means any thing for the time being specified in Schedule 2 to the Export Control Order 2008 which is described as software or technology;
“restricted goods” means—
1. a
  goods which could be used for migrant smuggling and human trafficking,
2. b
  internal repression goods, and
3. c
  military goods;
“restricted technology” means—
1. a
  internal repression technology, and
2. b
  military technology;
“technical assistance”, in relation to goods or technology, means—
1. a
  technical support relating to the repair, development, production, assembly, testing, use or maintenance of the goods or technology, or
2. b
  any other technical service relating to the goods or technology;
“transfer” has the meaning given by paragraph 37 of Schedule 1 to the Act.

2

For the purpose of the definition of “arms and related materiel” in paragraph (1), paragraph 1(2) of Schedule 3 (rules of interpretation for the purpose of determining whether or not a thing is “classified”) applies.

3

Paragraphs 32 to 36 of Schedule 1 to the Act (trade sanctions) apply for the purpose of interpreting expressions in this Part.

4

In this Part, any reference to the United Kingdom includes a reference to the territorial sea.

5

For the purposes of this Part, a person is to be regarded as “connected with” Libya if the person is—

to transport Libyan oil, or

b

to have Libyan oil loaded onto or discharged from it.

2

Paragraph (1) is subject to Part 8 (Exceptions and licences).

3

4

For the purposes of paragraph (1), a “designated ship” means a ship for the time being designated by the Committee for the purpose of paragraph 10(a) of resolution 2146.

Port access or entry for UN designated shipsI4936

1

A person must not provide a designated ship with access to a port in the United Kingdom, if the person knows, or has reasonable cause to suspect, that the ship is a designated ship.

2

The master or pilot of a designated ship must not cause or permit that ship to enter any port in the United Kingdom if the master or pilot knows, or has reasonable cause to suspect, that the ship is a designated ship.

3

Paragraphs (1) and (2) are subject to Part 8 (Exceptions and licences).

4

A person who contravenes a prohibition in paragraph (1) or (2) commits an offence.

5

In paragraphs (1) and (2), “designated ship” means a ship for the time being designated by the Committee for the purpose of paragraph 10(b) of resolution 2146.

Bunkering or ship supply servicesI5037

1

A person must not provide bunkering or ship supply services relating to a designated ship.

2

Paragraph (1) is subject to Part 8 (Exceptions and licences).

3

4

In this regulation—

“bunkering or ship supply services” includes—
1. a
  the supply of goods for use in a ship including fuel and spare parts, whether or not for immediate use, and
2. b
  any other servicing of a ship;
“designated ship” means a ship for the time being designated by the Committee for the purpose of paragraph 10(c) of resolution 2146.

Financial transactions in relation to Libyan oil aboard UN designated shipsI5138

1

A person must not enter into any financial transaction relating to Libyan oil aboard a designated ship.

2

Paragraph (1) is subject to Part 8 (Exceptions and licences).

3

4

In this regulation—

“designated ship” means a ship for the time being designated by the Committee for the purpose of paragraph 10(d) of resolution 2146; a “financial transaction relating to Libyan oil”—

a
includes its purchase or sale, its use as credit and the taking out of transport insurance in respect of it;
b
does not include the payment or receipt of any fees pursuant to the entry into port of a ship carrying that oil.

Circumventing etc. prohibitionsI5239

1

A person must not intentionally participate in activities knowing that the object or effect of them is, whether directly or indirectly—

a

to circumvent a prohibition in regulation 35 (transporting etc. Libyan oil in relation to UN designated ships) or 37 (bunkering or ship supply services), or

b

to enable or facilitate the contravention of any such prohibition.

2

A person who contravenes a prohibition in paragraph (1) commits an offence.

3

A person must not intentionally participate in activities knowing that the object or effect of them is, whether directly or indirectly—

a

to circumvent the prohibition in regulation 38 (financial transactions in relation to Libyan oil aboard UN designated ships), or

b

to enable or facilitate the contravention of that prohibition.

4

A person who contravenes a prohibition in paragraph (3) commits an offence.

DefencesI5340

1

Paragraph (2) applies where a person relies on a defence under this Part.

2

Interpretation of Part 6I5441

1

In this Part, “Libyan oil” means petroleum, including crude oil and refined petroleum products, originating from Libya.

2

For the purposes of paragraph (1)—

“crude oil” means anything which falls within the commodity code 2709;
“refined petroleum products” means anything which falls within any of the following commodity codes—
1. a
  2710;
2. b
  2712;
3. c
  2713.

“designated person” means a designated person within the meaning of regulation 11 or 17;
“frozen account” means an account with a relevant institution which is held or controlled (directly or indirectly) by a designated person within the meaning of regulation 11;
“relevant account” means an account with a relevant institution which is held or controlled (directly or indirectly) by a designated person within the meaning of regulation 17;
“relevant institution” means a person that has permission under Part 4A of the Financial Services and Markets Act 2000 M13 (permission to carry on regulated activity).

8

The definition of “relevant institution” in paragraph (7) is to be read with section 22 of the Financial Services and Markets Act 2000 M14, any relevant order under that section M15 and Schedule 2 to that Act M16.

Port access or entry for UN designated ships: exception from prohibitionsI5744

1

The prohibition in regulation 36(1) (port access or entry for UN designated ships) is not contravened by providing a ship with access to a port if the access is needed by the ship in a case of emergency.

2

The prohibition in regulation 36(2) is not contravened by the entry into port of a ship if the entry is needed by the ship in a case of emergency.

Aircraft: exceptionsI5845

1

The prohibition in regulation 42(2)(c) (movement of aircraft) is not contravened by the landing of an aircraft in the United Kingdom if failing to land would endanger the lives of persons on board or the safety of the aircraft.

2

The prohibition in regulation 42(2)(b) is not contravened by the flight of an aircraft in UK airspace preparatory to a landing as mentioned in paragraph (1).

3

A prohibition or requirement in regulations 42(3) to (6) is not contravened by conduct necessary to—

a

avoid endangering the lives of persons on board or the safety of the aircraft,

b

protect the safety of another aircraft, or

c

protect the safety of persons on the ground.

4

In paragraph (2) “UK airspace” has the same meaning as in regulation 42(11).

Exception for authorised conduct in a relevant countryI5946

1

Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a 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.

2

In this regulation—

“relevant country” means—
1. a
  any of the Channel Islands,
2. b
  the Isle of Man, or
3. c
  any British overseas territory;
“relevant prohibition” means a prohibition in any of—
1. d
  regulations 12 to 16 (asset-freeze etc.),
2. e
  regulations 18 to 20 (partial asset-freeze etc.),
3. f
  Chapters 1 and 2 of Part 5 (Trade), or
4. g
  regulations 35 (transporting etc. Libyan oil in relation to UN designated ships), 37 (bunkering or ship supply services), or 38 (financial transactions in relation to Libyan oil).

3

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

Exception for acts done for purposes of national security or prevention of serious crimeI6047

1

Where an act would, in the absence of this paragraph, be prohibited by the prohibition in regulation 9(2) (confidentiality) or any prohibition in Part 3 (Finance), Part 5 (Trade), Part 6 (UN designated ships) or Part 7 (Aircraft), 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 7, Part 9 (Information and records) or Part 11 (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 for the prohibition or requirement not to apply.

Treasury licencesI6148

1

The prohibitions in regulations 12 to 16 (asset-freeze etc.), 18 to 20 (partial asset-freeze etc.) and regulation 38 (financial transactions in relation to Libyan oil) do not apply to anything done under the authority of a licence issued by the Treasury under this paragraph.

2

Paragraphs (3) and (4) apply to the issuing of a licence which authorises acts which would otherwise be prohibited by regulations 12 to 16.

3

The Treasury may issue a licence which authorises acts by a particular person in relation to a non-UN designated person only where the Treasury consider that it is appropriate to issue the licence for a purpose set out in Chapter 1 of Part 1, or in Part 3 of, Schedule 4.

4

The Treasury may issue a licence which authorises acts in relation to a UN designated person, other than the Libyan Investment Authority or the Libyan Africa Investment Portfolio, only where the Treasury consider that it is appropriate to issue the licence for a purpose set out in Chapter 1 of Part 1, or in Part 2 of Schedule 4.

5

Paragraph (6) applies to the issuing of a licence which authorises acts which would otherwise be prohibited by regulations 18 to 20.

6

The Treasury may issue a licence which authorises acts in relation to the Libyan Investment Authority or the Libyan Africa Investment Portfolio only where the Treasury consider that it is appropriate to issue the licence for a purpose set out in Part 1 F7or Part 2 of Schedule 4.

7

The Treasury may issue a licence which authorises acts which would otherwise be prohibited by regulation 38 only where the Treasury consider that it is appropriate to issue the licence in order to give effect to an exception made by the Committee to paragraph 10(d) of resolution 2146.

8

In paragraph (4) “UN designated person” means—

a

a person who is a designated person for the purposes of regulations 12 to 16 or regulations 18 to 20 by reason of regulation 10 (designation of persons named by or under UN Security Council Resolutions), or

b

a person who is designated under regulation 5 (power to designate persons) for the purposes of regulations 12 to 16 and whose designation is (in the opinion of the Secretary of State) required by paragraph 17 of resolution 1970 (read in accordance with regulation 4(4)).

Trade licencesI6249

The prohibitions in Chapters 1 and 2 of Part 5 (Trade), regulation 35 (transporting etc. Libyan oil in relation to UN designated ships) and regulation 37 (bunkering or ship supply services) do not apply to anything done under the authority of a licence issued by the Secretary of State under this regulation.

Port licencesI6350

The prohibitions in regulation 36 (port access or entry for UN designated ships) do not apply to anything done under the authority of a licence issued by the Secretary of State under this regulation.

Licences: general provisionsI6451

1

This regulation applies in relation to Treasury licences, trade licences and port licences.

2

A licence must specify the acts authorised by it.

3

A licence may be general or may authorise acts by a particular person or persons of a particular description.

4

A licence may—

a

contain conditions;

b

be of indefinite duration or a defined duration.

5

A person who issues a licence may vary, revoke or suspend it at any time.

6

A person who issues, varies, revokes or suspends a licence which authorises acts by a particular person must give written notice to that person of the issue, variation, revocation or suspension of the licence.

7

A person who issues, varies, revokes or suspends a general licence or a licence which authorises acts by persons of a particular description must take such steps as that person considers appropriate to publicise the issue, variation, revocation or suspension of the licence.

Finance: licensing offencesI6552

1

A person (“P”) commits an offence if P knowingly or recklessly—

a

provides information that is false in a material respect, or

b

provides or produces a document that is not what it purports to be,

for the purpose of obtaining a Treasury licence (whether for P or anyone else).

2

A person who purports to act under the authority of a Treasury licence but who fails to comply with any condition of the licence commits an offence.

Trade: licensing offencesI6653

1

A person (“P”) commits an offence if P knowingly or recklessly—

a

provides information that is false in a material respect, or

b

provides or produces a document that is not what it purports to be,

for the purpose of obtaining a trade licence (whether for P or anyone else).

2

A person who purports to act under the authority of a trade licence but who fails to comply with any condition of the licence commits an offence.

3

A licence in respect of which an offence under paragraph (1) has been committed is to be treated as void from the time at which it was issued.

Port access or entry for UN designated ships: licensing offencesI6754

1

A person (“P”) commits an offence if P knowingly or recklessly—

a

provides information that is false in a material respect, or

b

provides or produces a document that is not what it purports to be,

for the purpose of obtaining a port licence (whether for P or anyone else).

2

A person who purports to act under the authority of a port licence but who fails to comply with any condition of the licence commits an offence.

3

A licence in respect of which an offence under paragraph (1) has been committed is to be treated as void from the time at which it was issued.

“designated person”;
“frozen account”;
“relevant account”;
“relevant institution”.

8

For the purposes of this regulation, “relevant firm” is to be read in accordance with regulation 57.

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

ii

a nominee shareholder for a person.

3

In paragraph (1)—

“estate agency work” is to be read in accordance with section 1 of the Estate Agents Act 1979 M20, 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 United Kingdom 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.

iii

money in any other medium of exchange,

but does not include a cryptoasset; and

c

in sub-paragraphs (a) to (c) of paragraph (3A), “cryptoasset” includes a right to, or interest in, the cryptoasset.

4

Paragraph (1)(a) and (b) is to be read with section 22 of the Financial Services and Markets Act 2000, any relevant order under that section and Schedule 2 to that Act.

5

For the purposes of regulation 56(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 the permission mentioned in that provision is required;

b

in the case of a relevant firm within paragraph (1)(c)(i), in the course of carrying out statutory audit work within the meaning of section 1210 of the Companies Act 2006 (meaning of statutory auditor) M21;

c

in the case of a relevant firm within paragraph (1)(c)(ii), in the course of carrying out an audit required by the Local Audit and Accountability Act 2014;

d

in the case of a relevant firm within paragraph (1)(f), in the course of carrying on an activity in respect of which the licence mentioned in that provision is required;

e

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.

1

A request under regulation 58 (finance: powers to request information) may include a request to produce specified documents or documents of a specified description.

2

Where the Treasury request that documents be produced, the Treasury may—

a

d

otherwise intentionally obstructs the Treasury in the exercise of their powers under regulation 58 or 59.

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.

Trade: application of information powers in CEMAI2261

1

Section 77A M22 of CEMA applies in relation to a person carrying on a relevant activity as it applies in relation to a person concerned in the importation or exportation of goods but as if—

a

in subsection (1), the reference to a person concerned in the importation or exportation of goods for which for that purpose an entry is required by regulation 5 of the Customs Controls on Importation of Goods Regulations 1991 M23 or an entry or specification is required by or under CEMA were to a person carrying on a relevant activity;

b

any other reference to importation or exportation were to a relevant activity;

c

any reference to goods were to the goods, technology, services or funds to which the relevant activity relates.

2

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—

i

Chapter 1 or 2 of Part 5 (Trade) except the prohibitions in regulations 23 and 24 (exports and imports), or

ii

regulation 35 (transporting etc. Libyan oil in relation to UN designated ships) or 37 (bunkering or ship supply services), or

b

which would constitute a contravention of a prohibition in regulation 33 and 39(1) (circumventing etc. prohibitions).

General trade licences: recordsI7362

1

This regulation applies in relation to a person (“P”) who does any act authorised by a general licence issued under regulation 49 (trade licences) (“the licence”).

2

P must keep a register or record containing such details as may be necessary to allow the following information to be identified in relation to each act done under the authority of the licence—

a

a description of the act;

b

a description of any goods, technology, services or funds to which the act relates;

c

the date of the act or the dates between which the act took place;

d

the quantity of any goods or funds to which the act relates;

e

P's name and address;

f

the name and address of any consignee of goods to which the act relates or any recipient of technology, services or funds to which the act relates;

g

in so far as it is known to P, the name and address of the end-user of the goods, technology, services or funds to which the act relates;

h

if different from P, the name and address of the supplier of any goods to which the act relates;

i

any further information required by the licence.

3

The register or record relating to an act must be kept until the end of the calendar year in which the register or record is created and for a further period of 4 years from the end of that calendar year.

4

P must notify the Secretary of State in writing of P's name and the address at which the register or record may be inspected, and must make a further such notification if those details change.

5

A notification under paragraph (4) must be given no later than 30 days after—

a

P first does any act authorised by the licence, or

b

there is any change to the details previously notified.

6

A person who fails to comply with a requirement in paragraph (2), (3) or (4) commits an offence.

General trade licences: inspection of recordsI7463

1

A person authorised by the Secretary of State or the Commissioners (an “official”) may at any reasonable hour enter premises notified under regulation 62(4) (general trade licences: records) for the purposes of monitoring compliance with, or detecting evasion of, regulation 62(2) or (3).

2

An official may require any person on the premises to produce any register or record required to be kept under regulation 62, or any document included in such a register or record, that is in the person's possession or control.

3

An official may inspect and copy any such register, record or document.

4

An official must, if requested to do so, produce documentary evidence that he or she is authorised to exercise a power conferred by this regulation.

5

A person commits an offence if, without reasonable excuse, the person—

a

intentionally obstructs an official in the performance of any of the official's functions under this regulation, or

b

fails to produce a register, record or document when reasonably required to do so by an official under this regulation.

1

A relevant public authority may disclose information to the Treasury if the disclosure is made for the purpose of enabling or assisting the Treasury to discharge any of its functions in connection with sanctions.

2

In this regulation—

“relevant public authority” means—
1. a
  any person holding or acting in any office under or in the service of—
  1. i
    the Crown in right of the Government of the United Kingdom,
  2. ii
    the Crown in right of the Scottish Government, the Northern Ireland Executive or the Welsh Government,
2. b
  any local authority,
3. c
  any police officer,
4. d
  the Financial Conduct Authority, the Prudential Regulation Authority, the Bank of England or any other regulatory body in the United Kingdom, or
5. e
  any other person exercising functions of a public nature;
“local authority” means—
1. a
  in relation to England—
  1. i
    a county council,
  2. ii
    a district council,
  3. iii
    a London Borough council,
  4. iv
    the Common Council of the City of London in its capacity as a local authority,
  5. v
    the Council of the Isles of Scilly, or
  6. vi
    an eligible parish council within the meaning of section 1(2) of the Local Government Act 2000,
2. b
  in relation to Wales, a county council, a county borough council or a community council,
3. c
  in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, or
4. d
  in relation to Northern Ireland, a district council.

Part 9: supplementaryI7665

1

A disclosure of information under regulation 64 (disclosure of information) F3or 64A (finance: disclosure to the Treasury) does not breach any restriction on such disclosure imposed by statute or otherwise.

2

But nothing in F4those regulations authorises a disclosure that—

a

contravenes the data protection legislation, or

b

is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 M26.

3

Nothing in this Part is to be read as requiring a person who has acted or is acting as counsel or solicitor for any person to disclose any privileged information in their possession in that capacity.

4

F5Regulations 64 and 64A do not limit the circumstances in which information may be disclosed apart from F6those regulations.

5

Nothing in this Part limits any conditions which may be contained in a licence under Part 8.

6

In this regulation—

“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act) M27;
“privileged information” means information with respect to which a claim to legal professional privilege (in Scotland, to confidentiality of communications) could be maintained in legal proceedings.

5

In relation to an offence committed before F12nd May 2022, the reference in each of paragraphs (1)(a), (2)(a) and (3)(a) to F14the general limit in a magistrates’ court is to be read as a reference to 6 months.

Liability of officers of bodies corporate etc.I2367

1

Where an offence under these Regulations, committed by a body corporate—

a

is committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, or

b

is attributable to any neglect on the part of any such person,

that person as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.

2

In paragraph (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

3

Paragraph (1) also applies in relation to a body that is not a body corporate, with the substitution for the reference to a director of the body of a reference—

a

in the case of a partnership, to a partner;

b

in the case of an unincorporated body other than a partnership—

i

where the body's affairs are managed by its members, to a member of the body;

ii

in any other case, to a member of the governing body.

4

Section 171(4) of CEMA (which is a provision similar to this regulation) does not apply to any offence under these Regulations to which that provision would, in the absence of this paragraph, apply.

in such sheriff court district as the Lord Advocate may determine.

4

In paragraph (3) “sheriff court district” is to be read in accordance with the Criminal Procedure (Scotland) Act 1995 (see section 307(1) of that Act) M28.

Procedure for offences by unincorporated bodiesI2669

1

Paragraphs (2) and (3) apply if it is alleged that an offence under these Regulations has been committed by an unincorporated body (as opposed to by a member of the body).

2

Proceedings in England and Wales or Northern Ireland for such an offence must be brought against the body in its own name.

3

For the purposes of proceedings for such an offence brought against an unincorporated body—

a

rules of court relating to the service of documents have effect as if the body were a body corporate;

b

the following provisions apply as they apply in relation to a body corporate—

i

section 33 of the Criminal Justice Act 1925 M29 and Schedule 3 to the Magistrates' Courts Act 1980 M30;

ii

section 18 of the Criminal Justice Act (Northern Ireland) 1945 M31 and Article 166 of, and Schedule 4 to, the Magistrates' Courts (Northern Ireland) Order 1981 M32.

4

A fine imposed on an unincorporated body on its conviction of an offence under these Regulations is to be paid out of the funds of the body.

Time limit for proceedings for summary offencesI2770

1

Proceedings for an offence under these Regulations which is triable only summarily may be brought within the period of 12 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to the prosecutor's knowledge.

2

But such proceedings may not be brought by virtue of paragraph (1) more than 3 years after the commission of the offence.

3

ii

the reference to the place from which any goods have been brought included a reference to the place to which goods have been exported, supplied or delivered or the place to or from which technology has been transferred.

6

The provisions of CEMA are sections 145, 146, 147, 148(1), 150, 151, 152, 154 and 155 M36 (legal proceedings).

Trade offences in CEMA: modification of penaltyI2572

1

Paragraph (2) applies where a person is guilty of an offence under section 50(2) or (3) of CEMA in connection with a prohibition mentioned in regulation 24 (import of arms and related materiel and internal repression goods).

2

Where this paragraph applies, the reference to 7 years in section 50(4)(b) of CEMA M37 is to be read as a reference to 10 years.

3

Paragraph (4) applies where a person is guilty of an offence under section 68(2) of CEMA in connection with a prohibition mentioned in regulation 23(1) (export of restricted goods).

4

Where this paragraph applies, the reference to 7 years in section 68(3)(b) of CEMA M38 is to be read as a reference to 10 years.

5

Paragraph (6) applies where a person is guilty of an offence under section 170(2) of CEMA in connection with a prohibition mentioned in regulation 23(1) or 24 (exports and imports).

6

Where this paragraph applies, the reference to 7 years in section 170(3)(b) of CEMA M39 is to be read as a reference to 10 years.

Application of Chapter 1 of Part 2 of the Serious Organised Crime and Police Act 2005I2873

Chapter 1 of Part 2 of the Serious Organised Crime and Police Act 2005 (investigatory powers) M40 applies to an offence under Part 3 (Finance), regulation 38 (financial transactions relating to Libyan oil) or regulation 52 (finance: licensing offences).

Monetary penaltiesI2974

Each provision in Part 5 (Trade) which contains a prohibition imposed for a purpose mentioned in section 3(1) or (2) of the Act is to be regarded as not being financial sanctions legislation for the purposes of Part 8 of the Policing and Crime Act 2017 (monetary penalties) M41.

PART 11Maritime enforcement

Exercise of maritime enforcement powersI7975

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

a British ship in foreign waters or international waters,

b

a ship without nationality in international waters, or

c

a foreign ship in international waters,

and a ship within sub-paragraph (a), (b) or (c) is referred to in this Part as “a relevant ship”.

2

The maritime enforcement powers may be exercised for the purpose of enforcing any of the following—

a

the prohibition in regulation 23(1) (export of restricted goods);

b

a prohibition in regulation 24 (import of arms and related materiel etc.);

c

a prohibition in regulation 25(1) (supply and delivery of certain goods);

d

a prohibition in regulation 26(1) (making available or acquiring certain goods and technology);

e

a prohibition in regulation 27(1) (transfer of restricted technology);

f

a prohibition in relation 35 (transporting etc. Libyan oil in relation to UN designated ships);

g

a prohibition imposed by a condition of a trade licence in relation to a prohibition mentioned in any of sub-paragraphs (a) to (f).

3

The maritime enforcement powers may also be exercised in relation to a relevant ship for the purpose of—

a

investigating the suspected carriage of relevant goods on the ship, or

b

preventing the continued carriage on the ship of goods suspected to be relevant goods.

4

In this Part, “the maritime enforcement powers” are the powers conferred by regulations 77 (power to stop, search, board etc.) and 78 (seizure power).

5

This regulation is subject to regulation 79 (restrictions on exercise of maritime enforcement powers).

Maritime enforcement officersI8076

1

The following persons are “maritime enforcement officers” for the purposes of this Part—

a

a commissioned officer of any of Her Majesty's ships;

b

a member of the Ministry of Defence Police (within the meaning of section 1 of the Ministry of Defence Police Act 1987 M42);

c

a constable—

i

who is a member of a police force in England and Wales,

ii

within the meaning of section 99 of the Police and Fire Reform (Scotland) Act 2012 M43, or

iii

who is a member of the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve;

d

a special constable—

i

appointed under section 27 of the Police Act 1996 M44,

ii

appointed under section 9 of the Police and Fire Reform (Scotland) Act 2012, or

iii

in Northern Ireland, appointed by virtue of provision incorporating section 79 of the Harbours, Docks, and Piers Clauses Act 1847 M45;

e

a constable who is a member of the British Transport Police Force;

f

a port constable, within the meaning of section 7 of the Marine Navigation Act 2013 M46, or a person appointed to act as a constable under provision made by virtue of section 16 of the Harbours Act 1964 M47;

g

a designated customs official within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 14(6) of that Act) M48;

h

a designated NCA officer who is authorised by the Director General of the National Crime Agency (whether generally or specifically) to exercise the powers of a maritime enforcement officer under this Part.

2

In this regulation, “a designated NCA officer” means a National Crime Agency officer who is either or both of the following—

a

an officer designated under section 10 of the Crime and Courts Act 2013 M49 as having the powers and privileges of a constable;

b

an officer designated under that section as having the powers of a general customs official.

The officer may exercise the power conferred by paragraph (3)(a)(ii) in relation to a person only where the officer has reasonable grounds to believe that the person might use a thing to cause physical injury or damage to property or to endanger the safety of any ship.

7

The officer may use reasonable force, if necessary, in the exercise of any power conferred by this regulation.

Seizure powerI8278

1

This regulation applies if a maritime enforcement officer is lawfully on a relevant ship (whether in exercise of the powers conferred by regulation 77 (power to stop, board, search etc.) or otherwise).

2

The officer may seize any of the following which are found on the ship, in any thing found on the ship, or on any person found on the ship—

a

goods which the officer has reasonable grounds to suspect are prohibited goods or relevant goods, or

b

things within regulation 77(3)(a)(ii).

3

The officer may use reasonable force, if necessary, in the exercise of any power conferred by this regulation.

Restrictions on exercise of maritime enforcement powersI8379

1

The authority of the Secretary of State is required before any maritime enforcement power is exercised in reliance on regulation 75 (exercise of maritime enforcement powers) in relation to—

a

a British ship in foreign waters, or

b

a foreign ship in international waters.

2

In relation to a British ship in foreign waters other than the sea and other waters within the seaward limits of the territorial sea adjacent to any relevant British possession, the Secretary of State may give authority under paragraph (1) only if the State in whose waters the power would be exercised consents to the exercise of the power.

3

In relation to a foreign ship in international waters, the Secretary of State may give authority under paragraph (1) only if—

a

the home state has requested the assistance of the United Kingdom for a purpose mentioned in regulation 75(2) or (3),

b

the home state has authorised the United Kingdom to act for such a purpose, or

c

the United Nations Convention on the Law of the Sea 1982 M50 or a UN Security Council Resolution otherwise permits the exercise of the power in relation to the ship.

Interpretation of Part 11I8480

6

In this regulation—

“proper officer”—
1. 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
2. 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.

Article 20 of the Export Control Order 2008I3082

Article 20 of the Export Control Order 2008 (embargoed destinations) is not to be taken to prohibit anything prohibited by Part 5 (Trade).

Trade: overlapping offencesI3183

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, 35, 37 or 38 of that Order M51, and

b

any provision of Part 5 (Trade) or regulation 37 (bunkering or ship supply services), regulation 53 (trade: licensing offences), 62(6) or 63(5) (information offences in connection with general trade licences).

Amendment of the United Nations and European Union Financial Sanctions (Linking) Regulations 2017I3284

In the Schedule to the United Nations and European Union Financial Sanctions (Linking) Regulations 2017 M52, omit the following row from the table—

United Nations Security Council Resolution 1970 (2011)
Council Regulation (EU) 2016/44 of 18th January 2016 concerning restrictive measures in view of the situation in Libya and repealing Regulation (EU) No 204/2011.

RevocationsI3385

1

Council Regulation (EU) 2016/44 of 18 January 2016 concerning restrictive measures in view of the situation in Libya and repealing Regulation (EU) No 204/2011 is revoked.

2

The Libya (European Union Financial Sanctions) Regulations 2016 M53 are revoked.

3

The Libya (Financial Sanctions) Order 2011 M54 is revoked.

4

The Export Control (Libya Sanctions) Order 2016 M55 is revoked.

Transitional provision: Treasury licencesI8686

1

Paragraphs (2) to (4) apply to a licence which—

a

was granted, or deemed to be granted, by the Treasury under—

i

article 9 of the 2011 Order, or

ii

regulation 9 of the 2016 Regulations, and

b

was in effect immediately before IP completion day, and

c

authorises conduct which would (on and after IP completion day, 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 IP completion day as if it had been issued by the Treasury under regulation 48(1) (Treasury licences).

3

Any reference in an existing financial sanctions licence to—

a

the 2011 Order,

b

the 2016 Regulations ,or

c

the EU Libya Regulation,

is to be treated on and after IP completion day as a reference to these Regulations.

4

Any reference in an existing financial sanctions licence to a prohibition in—

a

the 2011 Order,

b

the 2016 Regulations,

c

the EU Libya Regulation, or

d

Council Regulation (EU) No 204/2011 M56,

is to be treated on and after IP completion day as a reference to the corresponding prohibition in Part 3 (Finance).

5

Paragraph (6) applies where—

a

an application for a licence, or for the variation of a licence, under the 2011 Order or 2016 Regulations was made before IP completion day,

b

the application is for the authorisation of conduct which would (on and after IP completion day) 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 IP completion day as an application for a licence, or for the variation of a licence (as the case may be), under regulation 48(1).

7

In this regulation—

“the 2011 Order” means the Libya (Financial Sanctions) Order 2011;
“the 2016 Regulations” means the Libya (European Union Financial Sanctions) Regulations 2016.

Transitional provision: trade licencesI8787

1

Paragraph (2) applies in relation to each licence or authorisation granted by the Secretary of State which—

a

was in effect immediately before IP completion day, 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 IP completion day, 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 on IP completion day under regulation 49 (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 IP completion day,

b

is not an existing trade licence, and

c

authorises an act—

i

which would otherwise be prohibited by the EU Libya Regulation, and

ii

which would (on and after IP completion day, and in the absence of paragraphs (4) to (6)) be prohibited by Part 5,

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 IP completion day as if it were a licence which had been issued by the Secretary of State under regulation 49.

5

Any reference in an existing trade sanctions licence to a provision of the Export Control (Libya Sanctions) Order 2016 or the Export Control Order 2008 is to be treated on and after IP completion day 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 Libya Regulation is to be treated on and after IP completion day as a reference to the corresponding prohibition in Part 5.

Transitional provision: pending applications for trade licencesI8888

1

Paragraph (2) applies where—

a

an application was made before IP completion day 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 IP completion day.

2

The application is to be treated on and after IP completion day as including an application for a licence under regulation 49 (trade licences).

3

Paragraph (4) applies where—

a

an application was made before IP completion day for a licence or authorisation under the Export Control (Libya Sanctions) Order 2016 or the EU Libya Regulation,

b

the application is for authorisation of an act prohibited by Part 5, and

c

a decision to grant or refuse the application has not been made before IP completion day.

4

The application is to be treated on and after IP completion day as an application for a licence under regulation 49.

Transitional provision: prior obligations etc.I8989

1

Where—

a

a person was named in Annex II, III or VI of the EU Libya Regulation immediately before IP completion day, and

b

the person is a designated person immediately before IP completion day,

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 original listing date.

2

Where, immediately before IP completion day, a person was named for the purposes of paragraph 17 of resolution 1970 by the Security Council or the Committee, the reference in each of the provisions mentioned in paragraph (3) to the date on which a person became a designated person is 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 19(4)(b) (partial asset-freeze prohibition in relation to making funds available to designated persons),

b

regulation 43(5) (finance: exceptions from prohibitions), and

c

paragraphs 5(b)(i), 11(a) and 12(a) of Schedule 4 (Treasury licences: purposes).

4

In this regulation—

“designated person” means a designated person within the meaning of regulation 11 or 17;
“original listing date” means—
1. a
  where the person was named in Annex II, III or VI of Council Regulation (EU) No 204/2011 of 2 March 2011 concerning restrictive measures in view of the situation in Libya immediately before the repeal of that Regulation, the date on which that person was named in Annex II, III or VI of that Regulation;
2. b
  otherwise, the date on which the person was named in Annex II, III or VI of the EU Libya Regulation.

Nigel Adams Minister of State Foreign, Commonwealth and Development Office