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—
- 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 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).