The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2020

Amendment of the Iran (Sanctions) (Nuclear) (EU Exit) Regulations 2019 U.K.

5.—(1) The Iran (Sanctions) (Nuclear) (EU Exit) Regulations 2019 M1 are amended as follows.

(2) In regulation 3(3), for “In paragraphs (1) and (2)” substitute “ In this regulation ”.

(3) In regulation 7(4), after “and” omit “,”.

(4) In regulation 28—

(a) in paragraph (4)(b), for “Harmonized Commodity Description and Coding System” substitute “ Goods Classification Table ”;

(b) for paragraph (5) substitute—

“(5) For the purposes of the definition of “arms and related materiel” in paragraph (4)—

“the Goods Classification Table” means the table so named in Annex I in Part Three of the Tariff of the United Kingdom;

“the Tariff of the United Kingdom” means the document containing the legal classification and import rate for products being imported into the United Kingdom, entitled “The Tariff of the United Kingdom”, as revised or re-issued from time to time M2 , including by any document published under regulations made under section 8(1) of the Taxation (Cross-border Trade) Act 2018 M3 replacing the same in whole or in part.”.

(5) In regulation 34(1)—

(a) in the definition of “graphite and relevant metals”, for “exit day” substitute “ IP completion day ”;

(b) in the definition of “other restricted goods”, for “exit day” substitute “ IP completion day ”;

(c) in the definition of “other restricted technology”, for “exit day” substitute “ IP completion day ”;

(d) omit the definition of “technology”.

(6) In regulation 75(2), after “existing financial sanctions licence” insert “ which authorises an act which would otherwise be prohibited ”.

(7) In regulation 76—

(a) before paragraph (1) insert—

“(A1) Paragraph (B1) applies in relation to each licence or authorisation granted by the Secretary of State which—

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

(b) authorises an act—

(i) which would otherwise be prohibited by any provision of the Export Control Order 2008 except article 20 of that Order (embargoed destinations), or which requires an authorisation under or pursuant to the Dual-Use Regulation, and

(ii) which would (on or after the relevant date, and in the absence of paragraph (B1)) be prohibited by Part 5 (Trade),

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

(B1) A licence is deemed to have been issued by the Secretary of State at the beginning of the relevant date under regulation 41 (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.”;

(b) for paragraph (1) substitute—

“(1) Paragraphs (2) to (4) apply to a licence or authorisation granted by the Secretary of State which—

(a) was in effect immediately before the relevant date,

(b) is not an existing trade licence, and

(c) authorises an act—

(i) which would otherwise be prohibited by either—

(aa) the EU Iran Regulation, or

(bb) the Iran (United Nations Sanctions) Order 2009 M4 , and

(ii) 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 or authorisation is referred to in this regulation as “an existing trade sanctions licence”.”

(c) in paragraph (3), after “the Export Control (Iran Sanctions) Order 2016” insert “ , the Iran (United Nations Sanctions) Order 2009 ”.

(8) In Schedule 2, in paragraphs 1(2)(b)(ii) and (iii), for “payments”, in both places it occurs, substitute “ payment ”.

Commencement Information

I1 Reg. 5 not in force at made date, see reg. 1(2)

I2 Reg. 5 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514, reg. 5

Marginal Citations

M1 S.I. 2019/461, amended by S.I. 2019/843.

M2 The Tariff of the United Kingdom, Version 1.0 is available electronically from:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/837199/Tariff_Reference_Document_8th_October.pdf. A hard copy is available for inspection free of charge at the offices of HMRC at 100 Parliament Street, London, SW1A 2BQ.

M3 2018 c. 22.

M4 S.I. 2009/886, amended by S.I. 2010/2978, 2011/2985, 2016/378, 1119.