Amendment of the Libya (Sanctions) (EU Exit) Regulations 2020
17.—(1) The Libya (Sanctions) (EU Exit) Regulations 2020(1) are amended as follows.
(2) In regulation 2 (interpretation), in the appropriate place insert—
““director disqualification licence” means a licence under regulation 48A;”.
(3) In regulation 5(1) (power to designate persons), after sub-paragraph (a), insert—
“(aa)regulation 21A (director disqualification sanctions);”.
(4) After regulation 21 (circumventing etc. prohibitions), insert—
“PART 3ADirector disqualification sanctions
Director disqualification sanctions
21A. 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(2), and
(b)Article 15A of the Company Directors Disqualification (Northern Ireland) Order 2002(3).”.
(5) After regulation 48 (Treasury licences), insert—
“Director disqualification licences
48A. The Secretary of State may issue a licence in relation to any person who is designated under regulation 5 for the purposes of regulation 21A (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 51 (licences: general provisions), after “Treasury licences” insert “, director disqualification licences”.
(7) After regulation 52 (Finance: licensing offences), insert—
“Director disqualification: licensing offences
52A.—(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 64(1)(b)(i) (disclosure of information), after “Part 3 (Finance),” insert “Part 3A (Director disqualification sanctions),”.
(9) In regulation 66(3) (penalties for offences), after “9(6) (confidentiality),” insert “52A (director disqualification: licensing offences),”.
(10) In regulation 71 (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 paragraphs (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 25(3) (supply and delivery of certain goods) insofar as the offence does not relate to internal repression goods or military goods;
(b)regulation 26(3) (making available or acquiring certain goods and technology) 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 internal repression goods or internal repression technology, military goods or military technology;
(c)regulation 28(3) (technical assistance relating to restricted goods and restricted technology) 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 internal repression goods and internal repression technology, military goods and military technology;
(d)regulation 29(5) (financial services and funds relating to restricted goods and restricted technology) 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 internal repression goods and internal repression technology, military goods and military technology;
(e)regulation 30(3) (brokering services: non-UK activity relating to restricted goods and restricted technology) 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 internal repression goods and internal repression technology, military goods and military technology;
(f)regulation 31(3) (enabling or facilitating the conduct of armed hostilities);
(g)regulation 35(3) (transporting etc. Libyan oil in relation to UN designated ships) insofar as the offence does not relate to the import or export of goods;
(h)regulation 37(3) (bunkering or ship supply services).
(3C) Paragraph (3A) also applies to the suspected commission of a relevant offence under any of regulations 53(1), 53(2), 62(6) and 63(5) insofar as—
(a)the suspected offence relates to a licence issued under regulation 49 (trade licences), and
(b)the prohibited 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 33(2) (circumventing etc. prohibitions) or regulation 39(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 3 of Part 5 (Trade) bears the same meaning as in that Chapter of that Part.”.
S.I. 2020/1665, amended by S.I. 2022/500; S.I. 2022/819; S.I. 2023/121; and S.I. 2023/149.
1986 c. 46. Section 11A was inserted by section 36 of the Economic Crime and Corporate Transparency 2023 (c. 56).
S.I. 2002/3150 (N.I. 4). Article 15A was inserted by section 38 of the Economic Crime and Corporate Transparency Act 2023.