Amendment of the South Sudan (Sanctions) (EU Exit) Regulations 20194

1

The South Sudan (Sanctions) (EU Exit) Regulations 20195 are amended as follows.

2

After regulation 31 insert—

Exception for authorised conduct in a relevant country31A

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—

    1. a

      any of the Channel Islands,

    2. b

      the Isle of Man, or

    3. 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 2APurposes relating only to UN designated persons

Prior obligations6A

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 3Purposes relating only to non-UN designated persons

c

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