PART 10Supplementary and final provision
Transitional provision: trade licencesI171
1
Paragraph (2) 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), and
ii
which would (on and after the relevant date, 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 at the beginning of the relevant date under regulation 35 (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 the relevant date,
b
is not an existing trade licence, and
c
authorises an act—
i
which would otherwise be prohibited by the EU Sudan Regulation, and
ii
which would (on and after the relevant date, and in the absence of paragraphs (4) to (6)) be prohibited by Part 5 (Trade),
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 the relevant date as if it were a licence which had been issued by the Secretary of State under regulation 35.
5
Any reference in an existing trade sanctions licence to a provision of the Export Control (Sudan, South Sudan and Central African Republic Sanctions) Regulations 2014 or the Export Control Order 2008 is to be treated on and after the relevant date 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 Sudan Regulation is to be treated on and after the relevant date as a reference to the corresponding prohibition in Part 5 (Trade).
7
In paragraph (6) a reference to the EU Sudan Regulation is to be treated as including a reference to Council Regulation (EC) No 1184/2005M1 and Council Regulation (EC) No 131/2004M2.
8
In this regulation, “the relevant date” means—
a
where regulations under section 56 of the Act provide that Part 5 comes into force at a specified time on a day, that time on that day;
b
otherwise, the date on which Part 5 comes into force.