2020 No. 951

Exiting The European Union
Sanctions

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

Made

Laid before Parliament

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:

Annotations:
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.

Citation and commencementI1I171

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.

Annotations:
Commencement Information
I1

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

I17

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 2019I2I162

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 country33A

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—

  1. a

    any of the Channel Islands,

  2. b

    the Isle of Man, or

  3. c

    any British overseas territory.

Amendment of the Venezuela (Sanctions) (EU Exit) Regulations 2019I3I183

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 country33A

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—

  1. a

    any of the Channel Islands,

  2. b

    the Isle of Man, or

  3. c

    any British overseas territory.

Amendment of the Burma (Sanctions) (EU Exit) Regulations 2019I4I194

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 country33A

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—

  1. a

    any of the Channel Islands,

  2. b

    the Isle of Man, or

  3. c

    any British overseas territory.

Amendment of the Republic of Guinea-Bissau (Sanctions) (EU Exit) Regulations 2019I5I205

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 country18A

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—

  1. a

    any of the Channel Islands,

  2. b

    the Isle of Man, or

  3. c

    any British overseas territory.

Amendment of the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019I6I216

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 country30A

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—

  1. a

    any of the Channel Islands,

  2. b

    the Isle of Man, or

  3. c

    any British overseas territory.

Amendment of the Zimbabwe (Sanctions) (EU Exit) Regulations 2019I7I227

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 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 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—

  1. a

    any of the Channel Islands,

  2. b

    the Isle of Man, or

  3. c

    any British overseas territory.

Amendment of the Chemical Weapons (Sanctions) (EU Exit) Regulations 2019I8I238

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 country18A

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—

  1. a

    any of the Channel Islands,

  2. b

    the Isle of Man, or

  3. c

    any British overseas territory.

Amendment of the Syria (Sanctions) (EU Exit) Regulations 2019I9I249

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 country59A

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—

    1. a

      any of the Channel Islands,

    2. b

      the Isle of Man, or

    3. c

      any British overseas territory;

  • “relevant prohibition” means a prohibition in—

    1. a

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

    2. b

      regulation 16 (UK credit or financial institutions),

    3. c

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

    4. d

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

    5. e

      regulation 51(1) (movement of aircraft).

Amendment of the Russia (Sanctions) (EU Exit) Regulations 2019I10I2510

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 country62A

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—

  1. a

    any of the Channel Islands,

  2. b

    the Isle of Man, or

  3. c

    any British overseas territory.

Amendment of the Burundi (Sanctions) (EU Exit) Regulations 2019I11I2611

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 country18A

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—

  1. a

    any of the Channel Islands,

  2. b

    the Isle of Man, or

  3. c

    any British overseas territory.

Amendment of the Guinea (Sanctions) (EU Exit) Regulations 2019I12I2712

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 country18A

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—

  1. a

    any of the Channel Islands,

  2. b

    the Isle of Man, or

  3. c

    any British overseas territory.

Amendment of the Cyber (Sanctions) (EU Exit) Regulations 2020I13I2813

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 country18A

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—

  1. a

    any of the Channel Islands,

  2. b

    the Isle of Man, or

  3. c

    any British overseas territory.

Amendment of the Bosnia and Herzegovina (Sanctions) (EU Exit) Regulations 2020I14I2914

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 country18A

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—

  1. a

    any of the Channel Islands,

  2. b

    the Isle of Man, or

  3. c

    any British overseas territory.

Amendment of the Nicaragua (Sanctions) (EU Exit) Regulations 2020I15I3015

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 country18A

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—

  1. a

    any of the Channel Islands,

  2. b

    the Isle of Man, or

  3. c

    any British overseas territory.

Ahmad Minister of State Foreign, Commonwealth and Development Office

(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.