The Sanctions (EU Exit) (Miscellaneous Amendments) (No.3) Regulations 2020

Amendment of the South Sudan (Sanctions) (EU Exit) Regulations 2019

4.—(1) The South Sudan (Sanctions) (EU Exit) Regulations 2019(1) are amended as follows.

(2) After regulation 31 insert—

“Exception for authorised conduct in a relevant country

31A.— (1) Where a person’s conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in any of regulations 12 to 16 (asset-freeze etc.) or Chapters 2 and 3 of Part 5 (Trade) (“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.

(2) In this regulation—

“relevant country” means—

(a)

any of the Channel Islands,

(b)

the Isle of Man, or

(c)

any British overseas territory.

(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.”

(3) In regulation 33 (Treasury licences) —

(a) in paragraph (2), before “Schedule 2” insert “Part 2 or 3 of”;

(b) in paragraph (3), after “Part 2” insert “or 2A”.

(4) In Schedule 2 (Treasury licence: purposes)—

(a) after paragraph 6 (pre-existing judicial decisions etc.) insert—

“PART 2A Purposes relating only to UN designated persons

Prior obligations

6A.   To enable, by the use of a designated person’s frozen funds or economic resources, the satisfaction of an obligation of that person arising under a contract, provided that—

(a) the obligation arose before the date on which the person became a designated person, and

(b) no payments are made to another designated person, whether directly or indirectly.”

(b) immediately before paragraph 7 insert—

“PART 3

Purposes relating only to non-UN designated persons”

(c) omit the heading to Part 3 (Purposes relating only to non-UN designated persons).

(1)

S.I. 2019/438, amended by S.I. 2020/591.