PART 2Amendment of Sanctions Regulations
Amendment of the Syria (Sanctions) (EU Exit) Regulations 20197
1
The Syria (Sanctions) (EU Exit) Regulations 201921 are amended as follows.
2
In regulation 2 (interpretation), in the appropriate place insert—
“director disqualification licence” means a licence under regulation 61A;
3
In regulation 5(1) (power to designate persons), after sub-paragraph (a), insert—
aa
regulation 23A (director disqualification sanctions);
4
After regulation 23 (interpretation of Part 3), insert—
PART 3ADirector disqualification sanctions
Director disqualification sanctions23A
A person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation is a person subject to director disqualification sanctions for the purposes of—
a
section 11A of the Company Directors Disqualification Act 1986, and
b
Article 15A of the Company Directors Disqualification (Northern Ireland) Order 2002.
5
After regulation 61 (Treasury licences), insert—
Director disqualification licences61A
The Secretary of State may issue a licence in relation to any person who is designated under regulation 5 for the purposes of regulation 23A (director disqualification sanctions) providing that the prohibitions in—
a
section 11A(1) of the Company Directors Disqualification Act 1986, and
b
Article 15A(1) of the Company Directors Disqualification (Northern Ireland) Order 2002,
do not apply to anything done under the authority of that licence.
6
In regulation 64(1) (licences: general provisions), after “Treasury licences” insert “, director disqualification licences”
.
7
After regulation 65 (finance: licensing offences), insert—
Director disqualification: licensing offences65A
1
A person (“P”) commits an offence if P knowingly or recklessly—
a
provides information that is false in a material respect, or
b
provides or produces a document that is not what it purports to be,
for the purpose of obtaining a director disqualification licence (whether for P or anyone else).
2
A person who purports to act under the authority of a director disqualification licence but who fails to comply with any condition of the licence commits an offence.
3
A licence in respect of which an offence under paragraph (1) has been committed is to be treated as void from the time at which it was issued.
8
In regulation 77(1)(b)(i) (disclosure of information), after “Part 3 (Finance),” insert “Part 3A (Director disqualification sanctions),”
.
9
In regulation 79(3) (penalties for offences), after “57(6) (exceptions relating to petroleum products: notification requirement),” insert “65A (director disqualification: licensing offences),”
.
10
In regulation 84 (trade enforcement: application of CEMA)—
a
after paragraph (3), insert—
3A
The Commissioners may not investigate the suspected commission of a relevant offence listed in paragraph (3B), (3C) or (3D), unless the suspected offence has been the subject of—
a
a referral to the Commissioners by the Secretary of State, or
b
a decision by the Commissioners to treat the suspected offence as if it had been referred to them under sub-paragraph (a).
3B
Paragraph (3A) applies to the suspected commission of an offence under any of the following provisions—
a
regulation 30(3) (supply and delivery prohibition) insofar as the offence does not relate to goods relating to chemical and biological weapons, interception and monitoring goods, or internal repression goods,
b
regulation 31(3) (prohibition in connection with making goods and technology available) insofar as the offence does not relate to the import or export of goods or the transfer of technology to or from the UK, to goods relating to chemical and biological weapons, technology relating to chemical and biological weapons, interception and monitoring goods and interception and monitoring technology, or internal repression goods and internal repression technology,
c
regulation 33(3) (prohibition relating to the associated provision of technical assistance) insofar as the offence does not relate to the import or export of goods or the transfer of technology to or from the UK, to goods relating to chemical and biological weapons, technology relating to chemical and biological weapons, interception and monitoring goods and interception and monitoring technology, or internal repression goods and internal repression technology,
d
regulation 34(5) (prohibitions relating to the associated provision of financial services and funds) insofar as the offence does not relate to the import or export of goods or the transfer of technology to or from the UK, to goods relating to chemical and biological weapons, technology relating to chemical and biological weapons, interception and monitoring goods and interception and monitoring technology, or internal repression goods and internal repression technology,
e
regulation 35(3) (prohibitions relating to the associated provision of brokering services: non-UK activity) insofar as the offence does not relate to the import or export of goods or the transfer of technology to or from the UK, to goods relating to chemical and biological weapons, technology relating to chemical and biological weapons, interception and monitoring goods and technology, or internal repression goods and internal repression technology,
f
regulation 37(4) (acquisition of military goods and technology, crude oil and petroleum products) insofar as the offence does not relate to the import or export of goods or the transfer of technology to or from the UK, to military goods and technology,
g
regulation 38(5) (transport of military goods, crude oil and petroleum products) insofar as it does not relate to military goods,
h
regulation 40(3) (prohibitions relating to the associated provision of financial services and funds) insofar as the offence does not relate to the import or export of goods or the transfer of technology to or from the UK, or does not relate to arms and related materiel or military goods and technology,
i
regulation 41(4) (bank notes or coinage) insofar as the offence does not relate to the import or export of goods,
j
regulation 42(5) (goods prohibitions relating to gold, precious metals or diamonds) insofar as the offence does not relate to the import or export of goods,
k
regulation 43(3) (technical assistance relating to gold, precious metals or diamonds) insofar as the offence does not relate to the import or export of goods,
l
regulation 44(5) (financial services and funds relating to gold, precious metals or diamonds) insofar as the offence does not relate to the import or export of goods,
m
regulation 45(4) (brokering services: non-UK activity relating to gold, precious metals or diamonds) insofar as the offence does not relate to the import or export of goods,
n
regulation 45(5) insofar as the offence does not relate to the import or export of goods,
o
regulation 46(5) (luxury goods) insofar as the offence does not relate to the import or export of goods,
p
regulation 47(5) (electricity production) insofar as the offence does not relate to the import or export of goods, or
q
regulation 48(3) (provision of interception and monitoring services).
3C
Paragraph (3A) also applies to the suspected commission of a relevant offence under any of regulations 66(1) and (2), 75(6) and 76(5) insofar as—
a
the suspected offence relates to a licence issued under regulation 62 (trade licences), and
b
the activity authorised by that licence would, if no licence had been issued, amount to an offence specified in paragraph (3B).
3D
Paragraph (3A) also applies to the suspected commission of a relevant offence under regulation 49(2) (circumventing etc prohibitions) insofar as the prohibited activity to which the suspected offence relates is the circumvention of, or enabling or facilitation of a contravention of, a prohibition in relation to an offence specified in paragraph (3B).
b
after paragraph (6) insert—
7
Any term in this regulation that is defined in Chapter 1 (Interpretation) of Part 5 (Trade) bears the same meaning as in that Chapter of that Part.