The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 4) Regulations 2020

Statutory Instruments

2020 No. 951

Exiting The European Union

Sanctions

The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 4) Regulations 2020

Made

3rd September 2020

Laid before Parliament

8th September 2020

Coming into force in accordance with regulation 1(2)

The Secretary of State M1 , in exercise of the powers conferred by sections 1 and 45 of the Sanctions and Anti-Money Laundering Act 2018 M2 , considers that the requirements of section 45(2) of the Act are satisfied and, having decided upon consideration of the matters set out in section 56(1) of the Act that it is appropriate to do so, makes the following Regulations:

Marginal Citations

M1 The power to make regulations under Part 1 of the Sanctions and Anti-Money Laundering Act 2018 (c.13) is conferred on an appropriate Minister. Section 1(9)(a) of the Act defines an “appropriate Minister” as including the Secretary of State.

M2 2018 c.13.

Citation and commencement U.K.

1.—(1) These Regulations may be cited as the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 4) Regulations 2020.

(2) These Regulations come into force in accordance with regulations made by the Secretary of State under section 56 of the Sanctions and Anti-Money Laundering Act 2018.

Commencement Information

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

I2 Reg. 1 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514, reg. 18

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

2.—(1) The Iran (Sanctions) (Human Rights) (EU Exit) Regulations 2019 M3 are amended as follows.

(2) After regulation 33, insert—

“Exception for authorised conduct in a relevant country

33A.— (1) Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in any of regulations 11 to 15 (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.”

Commencement Information

I3 Reg. 2 not in force at made date, see reg. 1(2)

I4 Reg. 2 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514, reg. 18

Marginal Citations

M3 S.I. 2019/134, amended by S.I. 2020/590.

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

3.—(1) The Venezuela (Sanctions) (EU Exit) Regulations 2019 M4 are amended as follows.

(2) After regulation 33, insert—

“Exception for authorised conduct in a relevant country

33A.— (1) Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in any of regulations 11 to 15 (asset-freeze etc.) or Chapters 2 to 4 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.”

Commencement Information

I5 Reg. 3 not in force at made date, see reg. 1(2)

I6 Reg. 3 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514, reg. 18

Marginal Citations

M4 S.I. 2019/135, amended by S.I. 2020/590.

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

4.—(1) The Burma (Sanctions) (EU Exit) Regulations 2019 M5 are amended as follows.

(2) After regulation 33, insert—

“Exception for authorised conduct in a relevant country

33A.— (1) Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in any of regulations 11 to 15 (asset-freeze etc.) or Chapters 2 to 4 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.”

Commencement Information

I7 Reg. 4 not in force at made date, see reg. 1(2)

I8 Reg. 4 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514, reg. 18

Marginal Citations

M5 S.I. 2019/136, amended by S.I. 2020/590.

Amendment of the Republic of Guinea-Bissau (Sanctions) (EU Exit) Regulations 2019 U.K.

5.—(1) The Republic of Guinea-Bissau (Sanctions) (EU Exit) Regulations 2019 M6 are amended as follows.

(2) After regulation 18 insert—

“Finance: exception for authorised conduct in a relevant country

18A.— (1) Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in any of regulations 11 to 15 (asset-freeze etc.) (“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.”

Commencement Information

I9 Reg. 5 not in force at made date, see reg. 1(2)

I10 Reg. 5 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514, reg. 18

Marginal Citations

M6 S.I. 2019/554, amended by S.I. 2020/590.

Amendment of the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019 U.K.

6.—(1) The Republic of Belarus (Sanctions) (EU Exit) Regulations 2019 M7 are amended as follows.

(2) After regulation 30, insert—

“Exception for authorised conduct in a relevant country

30A.— (1) Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in any of regulations 11 to 15 (asset-freeze etc.) or Chapter 2 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.”

Commencement Information

I11 Reg. 6 not in force at made date, see reg. 1(2)

I12 Reg. 6 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514, reg. 18

Marginal Citations

M7 S.I. 2019/600, amended by S.I. 2020/590.

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

7.—(1) The Zimbabwe (Sanctions) (EU Exit) Regulations 2019 M8 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 11 to 15 (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.”

Commencement Information

I13 Reg. 7 not in force at made date, see reg. 1(2)

I14 Reg. 7 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514, reg. 18

Marginal Citations

M8 S.I. 2019/604, amended by S.I. 2020/590.

Amendment of the Chemical Weapons (Sanctions) (EU Exit) Regulations 2019 U.K.

8.—(1) The Chemical Weapons (Sanctions) (EU Exit) Regulations 2019 M9 are amended as follows.

(2) After regulation 18 insert—

“Finance: exception for authorised conduct in a relevant country

18A.— (1) Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in any of regulations 11 to 15 (asset-freeze etc.) (“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.”

Commencement Information

I15 Reg. 8 not in force at made date, see reg. 1(2)

I16 Reg. 8 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514, reg. 18

Marginal Citations

M9 S.I. 2019/618, amended by S.I. 2020/590.

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

9.—(1) The Syria (Sanctions) (EU Exit) Regulations 2019 M10 are amended as follows.

(2) After regulation 59, insert—

“Exception for authorised conduct in a relevant country

59A.— (1) Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a 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;

“relevant prohibition” means a prohibition in—

(a)

any of regulations 11 to 15 (asset-freeze etc.),

(b)

regulation 16 (UK credit or financial institutions),

(c)

regulation 21 (investments in relation to crude oil and electricity production),

(d)

Chapters 2 to 5 of Part 5 (Trade), or

(e)

regulation 51(1) (movement of aircraft).”

Commencement Information

I17 Reg. 9 not in force at made date, see reg. 1(2)

I18 Reg. 9 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514, reg. 18

Marginal Citations

M10 S.I. 2019/792, amended by S.I. 2020/590.

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

10.—(1) The Russia (Sanctions) (EU Exit) Regulations 2019 M11 are amended as follows.

(2) After regulation 62, insert—

“Exception for authorised conduct in a relevant country

62A.— (1) Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in any of regulations 11 to 15 (asset-freeze etc.) and 18 (investments in relation to Crimea) or Chapters 2 to 6 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.”

Commencement Information

I19 Reg. 10 not in force at made date, see reg. 1(2)

I20 Reg. 10 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514, reg. 18

Marginal Citations

M11 S.I. 2019/855, amended by S.I. 2020/590.

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

11.—(1) The Burundi (Sanctions) (EU Exit) Regulations 2019 M12 are amended as follows.

(2) After regulation 18 insert—

“Finance: exception for authorised conduct in a relevant country

18A.— (1) Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in any of regulations 11 to 15 (asset-freeze etc.) (“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.”

Commencement Information

I21 Reg. 11 not in force at made date, see reg. 1(2)

I22 Reg. 11 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514, reg. 18

Marginal Citations

M12 S.I. 2019/1142, amended by S.I. 2020/590.

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

12.—(1) The Guinea (Sanctions) (EU Exit) Regulations 2019 M13 are amended as follows.

(2) After regulation 18 insert—

“Finance: exception for authorised conduct in a relevant country

18A.— (1) Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in any of regulations 11 to 15 (asset-freeze etc.) (“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.”

Commencement Information

I23 Reg. 12 not in force at made date, see reg. 1(2)

I24 Reg. 12 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514, reg. 18

Marginal Citations

M13 S.I. 2019/1145, amended by S.I. 2020/590.

Amendment of the Cyber (Sanctions) (EU Exit) Regulations 2020 U.K.

13.—(1) The Cyber (Sanctions) (EU Exit) Regulations 2020 M14 are amended as follows.

(2) After regulation 18 insert—

“Finance: exception for authorised conduct in a relevant country

18A.— (1) Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in any of regulations 11 to 15 (asset-freeze etc.) (“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.”

Commencement Information

I25 Reg. 13 not in force at made date, see reg. 1(2)

I26 Reg. 13 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514, reg. 18

Marginal Citations

M14 S.I. 2020/597

Amendment of the Bosnia and Herzegovina (Sanctions) (EU Exit) Regulations 2020 U.K.

14.—(1) The Bosnia and Herzegovina (Sanctions) (EU Exit) Regulations 2020 M15 are amended as follows.

(2) After regulation 18 insert—

“Finance: exception for authorised conduct in a relevant country

18A.— (1) Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in any of regulations 11 to 15 (asset-freeze etc.) (“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.”

Commencement Information

I27 Reg. 14 not in force at made date, see reg. 1(2)

I28 Reg. 14 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514, reg. 18

Marginal Citations

M15 S.I. 2020/608.

Amendment of the Nicaragua (Sanctions) (EU Exit) Regulations 2020 U.K.

15.—(1) The Nicaragua (Sanctions) (EU Exit) Regulations 2020 M16 are amended as follows.

(2) After regulation 18 insert—

“Finance: exception for authorised conduct in a relevant country

18A.— (1) Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in any of regulations 11 to 15 (asset-freeze etc.) (“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.”

Commencement Information

I29 Reg. 15 not in force at made date, see reg. 1(2)

I30 Reg. 15 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514, reg. 18

Marginal Citations

M16 S.I. 2020/610.

Ahmad

Minister of State

Foreign, Commonwealth and Development Office

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made under the Sanctions and Anti-Money Laundering Act 2018 (c.13) (“the Sanctions Act”).

The Regulations makes corrections and amendments to a number of sanctions regulations which have been made under section 1 of the Sanctions Act, namely the Iran (Sanctions) (Human Rights) (EU Exit) Regulations 2019 (S.I. 2019/134), the Venezuela (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/135), the Burma (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/136), the Republic of Guinea-Bissau (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/554), the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/600), the Zimbabwe (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/604), the Chemical Weapons (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/618), the Syria (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/792), the Russia (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/855), the Burundi (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/1142), the Guinea (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/1145), the Cyber (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/597); the Bosnia and Herzegovina (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/608) and the Nicaragua (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/610).

The amendments made by this instrument are to introduce a new exception into these regimes to provide that a prohibition or requirement is not contravened if conduct is authorised by a licence or other authorisation issued under the law as it applies in a British Overseas Territory or Crown Dependency

An impact assessment has not been produced for these Regulations, as the instrument is intended to ensure existing sanctions remain in place following the United Kingdom's withdrawal from the European Union. An impact assessment was, however, produced for the Sanctions and Anti-Money Laundering Act 2018 and can be found at:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/653271/Sanctions_and_Anti-Money_Laundering_Bill_Impact_Assessment_18102017.pdf.