1.—(1) These Regulations may be cited as the Haiti (Sanctions) Regulations 2022.
(2) These Regulations come into force on 28th December 2022.
Commencement Information
I1Reg. 1 in force at 28.12.2022, see reg. 1(2)
2. In these Regulations—
“the Act” means the Sanctions and Anti-Money Laundering Act 2018;
“arrangement” includes any agreement, understanding, scheme, transaction or series of transactions, whether or not legally enforceable (but see paragraph 12 of Schedule 1 for the meaning of that term in that Schedule);
“CEMA” means the Customs and Excise Management Act 1979(1);
“the Commissioners” means the Commissioners for His Majesty’s Revenue and Customs;
“the Committee” means the Committee of the Security Council established in accordance with paragraph 19 of resolution 2653;
“conduct” includes acts and omissions;
“document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include producing a copy of the information in legible form;
“resolution 2653” means resolution 2653 (2022) adopted by the Security Council on 21st October 2022;
[F1“resolution 2699” means resolution 2699 (2023) adopted by the Security Council on 2nd October 2023;]
[F1“resolution 2700” means resolution 2700 (2023) adopted by the Security Council on 19th October 2023;]
[F1“trade licence” means a licence under regulation 29A;]
“Treasury licence” means a licence under regulation 29(1);
“United Kingdom person” has the same meaning as in section 21 of the Act.
Textual Amendments
F1Words in reg. 2 inserted (28.12.2023) by The Haiti (Sanctions) (Amendment) Regulations 2023 (S.I. 2023/1320), regs. 1(2), 3
Commencement Information
I2Reg. 2 in force at 28.12.2022, see reg. 1(2)
3.—(1) A United Kingdom person may contravene a relevant prohibition by conduct wholly or partly outside the United Kingdom.
(2) Any person may contravene a relevant prohibition by conduct in the territorial sea.
(3) In this regulation, a “relevant prohibition” means any prohibition imposed by—
(a)Part 3 (Finance),
(b)Part 4 (Trade), or
(c)a condition of a Treasury licence [F2or a trade licence].
(4) A United Kingdom person may comply, or fail to comply, with a relevant requirement by conduct wholly or partly outside the United Kingdom.
(5) Any person may comply, or fail to comply, with a relevant requirement by conduct in the territorial sea.
(6) In this regulation a “relevant requirement” means any requirement imposed—
(a)by or under Part 6 (Information and records), or by reason of a request made under a power conferred by that Part, or
(b)by a condition of a Treasury licence [F3or a trade licence].
(7) Nothing in this regulation is to be taken to prevent a relevant prohibition or a relevant requirement from applying to conduct (by any person) in the United Kingdom.
Textual Amendments
F2Words in reg. 3(3)(c) inserted (28.12.2023) by The Haiti (Sanctions) (Amendment) Regulations 2023 (S.I. 2023/1320), regs. 1(2), 4(a)
F3Words in reg. 3(6)(b) inserted (28.12.2023) by The Haiti (Sanctions) (Amendment) Regulations 2023 (S.I. 2023/1320), regs. 1(2), 4(b)
Commencement Information
I3Reg. 3 in force at 28.12.2022, see reg. 1(2)
4.—(1) The purpose of the regulations contained in this instrument that are made under section 1 of the Act is compliance with the relevant UN obligations.
(2) In this regulation, “the relevant UN obligations” means the obligations that the United Kingdom has by virtue of—
(a)paragraph 6 of resolution 2653 (asset-freeze etc.), and
(b)paragraph 11 of resolution 2653 (arms embargo etc.),
to take the measures required by those provisions in respect of persons(2) for the time being named by the Security Council or the Committee for the purposes of those paragraphs.
[F4(3) A reference to the obligations that the United Kingdom has by virtue of paragraph 11 of resolution 2653 is to that provision as read with—
(a)paragraph 14 of resolution 2699, and
(b)paragraph 6 of resolution 2700.]
Textual Amendments
F4Reg. 4(3) inserted (28.12.2023) by The Haiti (Sanctions) (Amendment) Regulations 2023 (S.I. 2023/1320), regs. 1(2), 5
Commencement Information
I4Reg. 4 in force at 28.12.2022, see reg. 1(2)
1979 c. 2. Amendments have been made to this Act and are cited, where relevant, in respect of the applicable regulations.
“Person” is defined by section 9(5) of the Sanctions and Anti-Money Laundering Act 2018 to include (in addition to an individual and a body of persons corporate or unincorporate) any organisation and any association or combination of persons.