The Republic of Belarus (Sanctions) (Overseas Territories) Order 2020

Functions of the Governor4A

1

In these Regulations, “the Governor” means, in relation to the Territory, the person holding or acting in the office of Governor of the Territory, or, if there is no such office, the officer for the time being administering the Territory.

2

The Governor may, to such extent and subject to such restrictions and conditions as the Governor thinks proper, delegate or authorise the delegation of any of the Governor’s powers under these Regulations to any person, or class or description of persons, and any references in these Regulations to the Governor are to be construed accordingly.

3

In the exercise of any power conferred on the Governor by these Regulations, the Governor is to act in their discretion.

Requirement to publish a F22list of persons designated by name8

1

Subject to paragraph (2), the Governor must—

a

publish a list of designated persons, and

b

keep the list up to date.

2

Where, in accordance with regulation 8 (notification and publicity where designation power used) (as it has effect in the United Kingdom) the Secretary of State is not required to publicise generally a designation, variation or revocation, the Governor must not include in the list under paragraph (1) any details of that designation, variation or revocation.

3

The Governor may publish the list under paragraph (1) in any form the Governor considers appropriate, including by means of a website.

4

For the purpose of this regulation, “designated person” means any person for the time being designated F23by name by the Secretary of State under F24regulation 5(1) (power to designate persons by name) (as it has effect in the United Kingdom).

Requirement to publish a list of designations by description9A

1

Subject to paragraph (2), the Governor must—

a

publish a list of designations by description, and

b

keep the list up to date.

2

Where, in accordance with regulation 9A (notification and publicity where power to designate by description is used) (as it has effect in the United Kingdom) the Secretary of State is not required to publicise generally a designation, variation or revocation, the Governor must not include in the list under paragraph (1) any details of that designation, variation or revocation.

3

The Governor may publish the list under paragraph (1) in any form the Governor considers appropriate, including by means of a website.

4

For the purposes of this regulation, “designations by description” means designations where the Secretary of State has for the time being provided that persons of a specified description are designated persons under regulation 5(1A) (power to designate persons by description) (as it has effect in the United Kingdom).

10

In this Part, a “designated person” means a person who is designated from time to time by the Secretary of State under regulation 5 (power to designate persons) (as it has effect in the United Kingdom) for the purposes of regulations 11 to 15 (asset-freeze etc.) (as they have effect in the United Kingdom).

17

1

A person who is designated from time to time by the Secretary of State under regulation 5 (power to designate persons) (as it has effect in the United Kingdom) for the purposes of regulation 17 (immigration) (as it has effect in the United Kingdom) must not enter, transit or remain in the Territory.

2

Paragraph (1) does not apply to a person who—

a

belongs to the Territory, or

b

in respect of the Sovereign Base Areas, is permitted to reside in the Sovereign Base Areas under the law applicable to the Sovereign Base Areas.

3

Paragraph (1) does not apply to a person if the application of that paragraph to that person would be contrary to the United Kingdom’s obligations under —

a

the European Convention on Human Rights, or

b

the Refugee Convention.

4

Paragraph (1) is subject to regulation 37 (immigration directions).

5

For the purposes of this regulation, a person (“P”) belongs to the Territory if—

a

in respect of Anguilla, P is an Anguillian (within the meaning given to that term in the law of Anguilla);

b

in respect of the Cayman Islands, P is a Caymanian (within the meaning given to that term in the law of the Cayman Islands);

c

in respect of the Falkland Islands, P has Falkland Islands status (within the meaning given to that term in the law of the Falkland Islands);

d

in respect of Montserrat, P is a Montserratian (within the meaning given to that term in the law of Montserrat);

e

in respect of Pitcairn, P has the right of abode in Pitcairn under the law of Pitcairn;

f

in respect of St Helena, P has St Helenian status (within the meaning given to that term in the law of St Helena);

g

in respect of Tristan da Cunha, P has the right of abode in Tristan da Cunha under the law of Tristan da Cunha;

h

in respect of the Turks and Caicos Islands, P is a Turks and Caicos Islander (within the meaning given to that term in the law of the Turks and Caicos Islands);

i

in respect of the Virgin Islands, P belongs to the Virgin Islands (within the meaning given to that term in the law of the Virgin Islands).

6

In this regulation—

• “the European Convention on Human Rights” means the Convention for the Protection of Human Rights and Fundamental Freedoms done at Rome on 4 November 1950 and the Protocols to the Convention6;

• “the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention7;

• “Pitcairn” means Pitcairn, Henderson, Ducie and Oeno Islands;

• “the Sovereign Base Areas” means the Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus.

3

A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1) to show that the person did not know and had no reasonable cause to suspect that the export was to, or the goods were for use in, Belarus (as the case may be).

• “designated person” means a person for the time being designated by the Secretary of State under regulation 5 (power to designated persons) (as it has effect in the United Kingdom) for the purposes of this regulation (as it has effect in the United Kingdom);

29C

1

Where a direction is given under regulation 29A(1)(c) or (d) to the extent that the direction conflicts with the requirements of article 12 of the ANO (revocation etc of permissions), those requirements are to be disregarded.

2

Where a direction is given under regulation 29A which conflicts with a permission under article 135 or 137 of the ANO, the permission is to be disregarded.

3

In so far as a direction under regulation 29A conflicts with any requirement in the applicable law of the Territory that corresponds to the requirements of section 93 of the Transport Act 20005 or of an order under section 94 of that Act, the direction is to be disregarded.

4

In so far as a direction under regulation 29A conflicts with the requirements of any other relevant law applicable to the Territory, the requirements are to be disregarded.

5

The Secretary of State may notify a person that the existence of a direction under regulation 29A, any part of the content of the direction, or anything done under the direction, is to be treated as confidential.

6

The Governor may notify a person that the existence of a direction issued by the Governor under regulation 29A, any part of the content of the direction, or anything done under the direction, is to be treated as confidential.

7

A person must not disclose any information if the Secretary of State or the Governor (as the case may be) notifies that person under paragraph (5) or (6) that the information is to be treated as confidential.

8

For the purposes of this regulation, a “direction” under regulation 29A includes the refusal or revocation of permission under regulation 29A(1).

Requirement to publish a list of specified ships29L

1

Subject to paragraph (2), the Governor must—

a

publish a list of specified ships, and

b

keep the list up to date.

2

Where, in accordance with regulation 29L (notification and publicity where specification power used) (as it has effect in the United Kingdom) the Secretary of State is not required to publicise generally a specification or revocation, the Governor must not include in the list under paragraph (1) any details of that specification or revocation.

3

The Governor may publish the list under paragraph (1) in any form the Governor considers appropriate, including by means of a website.

Exceptions for authorised conduct outside the Territory30A

1

Where a person’s conduct outside the Territory would, in the absence of this paragraph, contravene a prohibition in any of regulations 11 to 15 (asset-freeze etc.), 15B (loans and credit arrangements) F39, 15C (insurance and reinsurance services), 15CA (provision of financial services relating to foreign reserve and asset management) or Chapters 2, F40... 2B or 2C (Trade), the prohibition is not contravened if the conduct is authorised by a licence issued under regulation 32 (Treasury licences) (as it has effect in the United Kingdom) or regulation 33 (trade licences) (as it has effect in the United Kingdom).

2

Where a person’s conduct in a relevant country would, in the absence of this paragraph, contravene a prohibition in any of regulations 11 to 15 or Chapter 2 or 3 of Part 5 (“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.

3

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 other than the Territory.

31

1

Where an act would, in the absence of this paragraph, be prohibited by regulation 9(2) (confidential information in certain cases) or any prohibition in Part 3 (Finance), Part 5 (Trade) F41, Part 5A (Aircraft) or Part 5B (Ships), that prohibition does not apply to the act if the act is one which—

a

a responsible officer has determined would be in the interests of—

i

national security, or

ii

the prevention or detection of serious crime in the United Kingdom or elsewhere, or

b

the Governor, with the consent of the Secretary of State, has determined would be in the interests of the prevention or detection of serious crime in the Territory.

2

Where, in the absence of this paragraph, a thing would be required to be done under or by virtue of a provision of Part 5A (Aircraft), Part 7 (Information and records) or Part 9 (Maritime enforcement), that requirement does not apply if—

a

a responsible officer has determined that not doing the thing in question would be in the interests of—

i

national security, or

ii

the prevention or detection of serious crime in the United Kingdom or elsewhere, or

b

the Governor, with the consent of the Secretary of State, has determined that not doing the thing in question would be in the interests of the prevention or detection of serious crime in the Territory.

3

In this regulation, “responsible officer” means a person in the service of the Crown or holding office under the Crown in the United Kingdom, acting in the course of that person’s duty.

Financial sanctions licences32

1

The prohibitions in regulations 11 to 15 (asset-freeze etc.) do not apply to anything done under the authority of a licence issued by the Governor under this paragraph.

F471A

The prohibitions in regulation 15A (dealing with transferable securities and money market instruments) do not apply to anything done under the authority of a licence issued by the Governor under this paragraph.

2

The prohibitions in regulation 15B (loans and credit arrangements) do not apply to anything done under the authority of a licence issued by the Governor under this paragraph.

3

The prohibition in regulation 15C (insurance and reinsurance services) does not apply to anything done under the authority of a licence issued by the Governor under this paragraph.

F483A

The prohibition in regulation 15CA (provision of financial services relating to foreign exchange reserve and asset management) does not apply to anything done under the authority of a licence issued by the Governor under this paragraph.

3B

Without prejudice to the generality of the powers conferred by paragraphs (1) to (3A), a licence issued by the Governor under those paragraphs may, in particular, authorise acts which would otherwise be prohibited by any of regulations 11 to 15CA (financial restrictions) for a particular period beginning with—

a

the coming into force of the prohibition, or

b

where the prohibition relates to a person designated for the purposes of regulations 11 to 15 (asset-freeze etc.), the date on which the person was designated.

4

The Governor may issue a financial sanctions licence only with the consent of the Secretary of State.

5

The Governor may issue a financial sanctions licence under paragraph (1) which authorises acts by a particular person only where the Governor considers that it is appropriate to issue the licence for a purpose set out in Part 1 of Schedule 3.

6

The Governor may issue a financial sanctions licence under paragraph (2) which authorises acts by a particular person only where the Governor considers that it is appropriate to issue the licence for a purpose set out in Part 2 of Schedule 3.

7

The Governor may issue a financial sanctions licence under paragraph (3) which authorises acts by a particular person only where the Governor considers that it is appropriate to issue the licence for a purpose set out in Part 3 of Schedule 3.

F498

The Governor may issue a licence under regulation 32(3A) which authorises acts by a particular person only where the Governor considers that it is appropriate to issue the licence for a purpose set out in Part 4 of Schedule 3.

Immigration directions37

1

The Governor may, with the consent of the Secretary of State, direct that, in relation to any person falling within regulation 17 (immigration) whose name is specified, or who is of a specified description, that regulation has effect subject to specified exceptions.

2

A direction under this regulation—

a

may contain conditions;

b

must be of a defined duration (and that duration may be expressed in any way, including, for example, being expressed in a way such that the direction ceases to have effect on, or within a specified period after, the occurrence of a specified event).

3

The Governor may, with the consent of the Secretary of State, vary, revoke or suspend a direction under this regulation at any time.

4

On the issue, variation, revocation or suspension of a direction under this regulation, the Governor may take such steps as the Governor considers appropriate to publicise the issue, variation, revocation or suspension of the direction.

5

In this regulation, “specified” means specified in a direction under this regulation.

39

1

The following are relevant firms for the purposes of regulation 38—

a

a relevant institution;

b

an undertaking that by way of business—

i

operates a currency exchange office,

ii

transmits money (or any representation of monetary value) by any means, or

iii

cashes cheques that are made payable to customers;

c

a firm or sole practitioner that provides to other persons, by way of business—

i

accountancy services,

ii

advice about tax affairs,

iii

auditing services,

iv

legal or notarial services, or

v

trust or company services;

d

a firm or sole practitioner that carries out, or whose employees carry out, estate agency work;

e

the holder of a licence to operate a casino in the Territory;

f

a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging—

i

articles made from gold, silver, platinum or palladium, or

ii

precious stones or pearls.

2

For the purposes of paragraph (1), the following definitions apply—

• “estate agency work”, in relation to the Territory, is to be read in accordance with section 1 of the Estate Agents Act 19799, but as if references in that section to disposing of or acquiring an interest in land included (despite anything in section 2 of that Act) references to disposing of or acquiring an estate or interest in land outside the Territory where that estate or interest is capable of being owned or held as a separate interest;

• “firm” means any entity that, whether or not a legal person, is not an individual, and includes a body corporate and a partnership or other unincorporated body;

• “relevant institution” has the same meaning as it has in regulation 30;

• “trust or company services” means any of the following services—

  1. a

     forming companies or other legal persons;

  2. b

     acting, or arranging for another person to act—

     1. i

        as a director or secretary of a company,

     2. ii

        as a partner of a partnership, or

     3. iii

        in a similar capacity in relation to other legal persons;

  3. c

     providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement;

  4. d

     acting, or arranging for another person to act, as—

     1. i

        a trustee of an express trust or similar legal arrangement, or

     2. ii

        a nominee shareholder for a person.

3

For the purposes of regulation 38(1), information or another matter comes to a relevant firm “in the course of carrying on its business” if the information or other matter comes to the firm—

a

in the case of a relevant firm within paragraph (1)(a), in the course of carrying on an activity in respect of which permission under Part 4A of the Financial Services and Markets Act 2000 would be required if it had its registered office (or if it does not have one, its head office) in the United Kingdom, and

b

in the case of a relevant firm within any other provision of paragraph (1), in the course of carrying on an activity mentioned in that provision.

Trade: information powers43

1

An authorised officer may request a person who is concerned (in whatever capacity) in a relevant activity to provide such information as the authorised officer may reasonably require about the relevant activity.

2

The authorised officer may specify the way in which, and the period within which, information is to be provided.

3

If no such period is specified, the information which has been requested must be provided within a reasonable time.

4

A request under paragraph (1) may include a request to produce specified documents or documents of a specified description.

5

Where the authorised officer requests that documents be produced, the authorised officer may—

a

take copies or extracts from any document so produced,

b

request any person producing a document to give an explanation of it,

c

where that person is a body corporate, partnership or unincorporated body other than a partnership, request any person who is—

i

in the case of a partnership, a present or past partner or employee of the partnership, or

ii

in any other case, a present or past officer or employee of the body concerned,

to give an explanation for it, and

d

remove, at a reasonable time and for a reasonable period, any document so produced if the authorised officer considers it is necessary to do so.

6

Where a document has been removed by an authorised officer under paragraph (5)(d)—

a

the authorised officer must, on request, provide a receipt for the document;

b

if the document is reasonably required for the proper conduct of a business, the authorised officer must, as soon as practicable and free of charge, provide a copy of the document to the person who produced it.

7

Where a document requested to be produced under paragraph (4) is subject to a lien, the production or removal of the document in accordance with this regulation does not affect, and is not to be regarded as breaking, the lien.

8

For the purposes of paragraph (1), a “relevant activity” means an activity—

a

which would, unless done under the authority of a trade licence, constitute a contravention of any prohibition in Chapters 2, F50... 2B or 2C of Part 5 (Trade) except the prohibitions in F51regulation 21 (export of goods to, or for use in, Belarus) or 27I (import of goods originating from, or consigned from, Belarus), or

b

which would constitute a contravention of the prohibition in regulation 28 (circumventing etc prohibitions).

Trade: information offences43A

1

A person commits an offence if that person—

a

without reasonable excuse, refuses or fails within the time and in the manner specified (or, if no time has been specified, within a reasonable time) to comply with any request under regulation 43 (trade: information powers);

b

knowingly or recklessly gives any information, or produces any document, which is false in a material particular in response to such a request;

c

with intent to evade any provision of regulation 43, destroys, mutilates, defaces, conceals or removes any document;

d

otherwise intentionally obstructs an authorised officer in the exercise of their powers under regulation 43.

2

Where a person is convicted of an offence under this regulation, the court may make an order requiring that person, within such period as may be specified in the order, to comply with the request.

Suspected ships, aircraft or vehicles47A

1

Where an authorised officer has reasonable cause to suspect that a ship, aircraft or vehicle has been, or is being, or is about to be, used in the commission of an offence under Part 5 (Trade) or regulation 36(2) (trade: licensing offences), the authorised officer may—

a

in relation to an aircraft or vehicle, require the relevant person to keep the aircraft or vehicle and any goods it is carrying in the Territory, until the authorised officer notifies the relevant person that the aircraft or vehicle (as the case may be) may depart, or

b

in relation to a ship, require the relevant person—

i

not to cause or permit the ship to proceed with the voyage on which it is engaged or about to engage, until the authorised officer notifies the relevant person that the ship may proceed;

ii

not to land any part of the ship’s cargo at any port specified by the authorised officer, except with the authorised officer’s prior consent;

iii

if the ship is in port in the Territory, to cause the ship to remain there until the authorised officer notifies the relevant person that the ship may depart;

iv

if the ship is in any other place, to cause it to proceed to a port specified by the authorised officer and keep it there, until the authorised officer notifies the relevant person that the ship may depart.

2

Where the authorised officer considers it necessary in order to secure compliance with a requirement made under paragraph (1), the authorised officer may detain the ship, aircraft or vehicle and any goods it is carrying.

3

Where an authorised officer detains a ship, aircraft or vehicle and any goods it is carrying in accordance with paragraph (2), the authorised officer must deliver to the master of the ship, the aircraft operator or the owner of the vehicle (as the case may be) a detention direction.

4

A detention direction under paragraph (3) must—

a

be in writing,

b

state the grounds on which the ship, aircraft or vehicle is detained, and

c

state that—

i

the power to detain is exercised under this regulation, and

ii

any requirements subject to which the detention is carried out must be complied with.

5

Paragraph (6) applies, in relation to a ship or aircraft, if—

a

the ship or aircraft (as the case may be) is not a Territory ship or Territory aircraft, and

b

there is in the Territory a consular officer for the country to which the ship or aircraft belongs.

6

A copy of the detention direction must be sent as soon as practicable to the nearest consular officer for the country to which the ship or aircraft belongs.

7

An authorised officer may use reasonable force, if necessary, in the exercise of any power conferred by this regulation.

8

An authorised officer must, if requested to do so, produce evidence of their authority before exercising any power conferred by this regulation.

9

Nothing in this regulation affects any other provision of law conferring powers, imposing restrictions or enabling restrictions to be imposed in respect of ships, aircraft or vehicles.

10

In this regulation—

• “consular officer”, in relation to a foreign country, means the officer recognised by Her Majesty as a consular officer of that foreign country in the Territory;

• “the relevant person” means any of the following—

  1. a

     in relation to a ship, the owner, master or charterer of the ship;

  2. b

     in relation to an aircraft, the owner, charterer, operator or commander of the aircraft;

  3. c

     in relation to a vehicle, the owner, driver or operator of the vehicle.

Search warrants47B

1

A magistrate or justice of the peace may issue a search warrant if satisfied by information on oath that—

a

there is reasonable cause to suspect that a relevant offence under these Regulations has been, or is being, or is about to be, committed, and

b

evidence in relation to the offence is to be found on a ship, aircraft, vehicle or premises specified in the information.

2

A search warrant issued under this regulation is a warrant empowering an authorised officer to enter and search the ship, aircraft, vehicle or premises specified in the information, at any time within one month from the date of the warrant.

3

The powers conferred on an authorised officer by a search warrant under this regulation include powers to—

a

in the case of a power to enter a ship, aircraft or vehicle, stop that ship, aircraft or vehicle;

b

enter any land, where such entry appears to the authorised officer to be necessary in order to enter the ship, aircraft, vehicle or premises specified in the information;

c

take such other persons and such equipment on to the ship, aircraft, vehicle or premises as appear to the authorised officer to be necessary;

d

inspect and seize any thing found in the course of a search if the authorised officer has reasonable cause to suspect that—

i

it is evidence in relation to a relevant offence under these Regulations, or

ii

it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed;

e

take copies of any document.

4

An authorised officer who enters a ship, aircraft, vehicle or premises under a search warrant issued under this regulation may—

a

search any person found on the ship, aircraft, vehicle or premises whom the officer has reasonable cause to suspect to be in possession of any thing which may be required as evidence for the purposes of proceedings in respect of a relevant offence under these Regulations, and

b

seize any such thing found in such a search.

5

Any thing seized under paragraphs (3)(d) or (4)(b)—

a

may be retained for so long as is necessary in all the circumstances, and

b

where that thing is restricted goods and is not authorised by a trade licence, may be forfeited, disposed of or transferred as appropriate.

6

A search of a person under paragraph (4)(a) must be carried out by a person of the same sex.

7

An authorised officer may use reasonable force, if necessary, in the exercise of any power conferred by this regulation.

8

An authorised officer must, if requested to do so, produce evidence of their authority before exercising any power conferred by this regulation.

9

Nothing in this regulation affects any other provision of law conferring powers, imposing restrictions or enabling restrictions to be imposed in respect of ships, aircraft or vehicles.

10

For the purposes of this regulation—

• “information on oath” includes any other form of application for a search warrant applicable in the Territory;

• “justice of the peace” includes other competent judicial authorities within the Territory responsible for issuing search warrants;

• “restricted goods” has the meaning given in regulation 18 (definition of “restricted goods” and “restricted technology”);

• “relevant offence” means an offence which is punishable with a term of imprisonment of more than 6 months.

48

1

Paragraphs (3) to (7) apply to—

a

Anguilla;

b

British Antarctic Territory;

c

British Indian Ocean Territory;

d

Cayman Islands;

e

Montserrat;

f

Pitcairn, Henderson, Ducie and Oeno Islands;

g

Turks and Caicos Islands;

h

Virgin Islands.

2

Paragraphs (8) to (12) apply to—

a

Falkland Islands;

b

St Helena, Ascension and Tristan da Cunha;

c

South Georgia and the South Sandwich Islands;

d

the Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus.

3

A person who commits an offence under any provision of Part 3 (Finance), F53regulation 29D(A1) to (3) (aircraft offences), 29F (prohibition on port entry), 29G(4) (directions prohibiting port entry), 29H(3) (movement of ships) or regulation 35 (finance: licensing offences) is liable—

a

on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding £5,000 or its equivalent in the currency of the Territory, or both;

b

on conviction on indictment, to imprisonment for a term not exceeding 7 years, or a fine, or both.

4

A person who commits an offence under any provision of Part 5 (Trade) is liable—

a

on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding £5,000 or its equivalent in the currency of the Territory, or both;

b

on conviction on indictment, to imprisonment for a term not exceeding 10 years, or a fine, or both.

5

A person who commits an offence under regulation 9(6) (confidentiality), F5436 (trade: licensing offences), 36A (aircraft: licensing offences), 44(6) or 45(5) (offences in connection with trade licences) is liable—

a

on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding £5,000 or its equivalent in the currency of the Territory, or both;

b

on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.

6

A person who commits an offence under regulation 29D(4) (confidentiality), F5529G(6) (directions prohibiting entry: confidentiality), 29H(5) (movement of ships: confidentiality), 38(6) or 42 (information offences in connection with Part 3) is liable, on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding £5,000 or its equivalent in the currency of the Territory, or both.

7

A person who commits an offence under regulation 43A (trade: information offences) is liable, on summary conviction, to a fine not exceeding £1,000 or its equivalent in the currency of the Territory.

8

A person who commits an offence under any provision of Part 3 (Finance), F53regulation 29D(A1) to (3) (aircraft offences), 29F (prohibition on port entry), 29G(4) (directions prohibiting port entry), 29H(3) (movement of ships) or regulation 35 (finance: licensing offences) is liable on conviction to imprisonment for a term not exceeding 7 years, or a fine, or both.

9

A person who commits an offence under any provision of Part 5 (Trade) is liable on conviction to imprisonment for a term not exceeding 10 years, or a fine, or both.

10

A person who commits an offence under regulation 9(6) (confidentiality), F5436 (trade: licensing offences), 36A (aircraft: licensing offences), 44(6) or 45(5) (offences in connection with trade licences) is liable on conviction to imprisonment for a term not exceeding 2 years, or a fine, or both.

11

A person who commits an offence under regulation 29D(4) (confidentiality), F5529G(6) (directions prohibiting entry: confidentiality), 29H(5) (movement of ships: confidentiality), 38(6) or 42 (information offences in connection with Part 3) is liable on conviction to imprisonment for a term not exceeding 6 months, or a fine not exceeding £5,000 or its equivalent in the currency of the Territory, or both.

12

A person who commits an offence under regulation 43A (trade: information offences) is liable on conviction to a fine not exceeding £1,000 or its equivalent in the currency of the Territory.

13

Where a fine in this regulation is expressed to be a sum in sterling or its equivalent in the currency of the Territory, the Governor may issue guidance specifying how to calculate the amount in the currency of the Territory which is to be considered equivalent to that sum in sterling.

Consent to prosecutions50A

1

Proceedings for an offence under these Regulations must not be instituted in the Territory except with the consent of the principal public officer of the Territory responsible for criminal prosecutions.

2

Nothing in paragraph (1) prevents—

a

the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of an offence under these Regulations, or

b

the remand in custody or on bail of any person charged with such an offence.

51

Any provision in an enactment which applies in the Territory in relation to criminal proceedings brought against a body corporate applies also for the purposes of proceedings in the Territory for an offence under these Regulations brought against an unincorporated body.

69

1

Paragraphs (2) and (3) apply to a licence which—

a

was granted by the Governor under article 8 of the 2011 Order,

b

was in effect immediately before the relevant date, and

c

authorises an act which would (on and after the relevant date, and in the absence of paragraphs (2) to (4)) be prohibited by Part 5 (Trade),

and such a licence is referred to in this regulation as an “existing trade sanctions licence”.

2

An existing trade sanctions licence has effect on and after the relevant date as if it were a licence which had been issued by the Governor under regulation 33 (trade licences).

3

Any reference in an existing trade sanctions licence to a prohibition in the 2011 Order is to be treated on and after the relevant date as a reference to the corresponding prohibition in Part 5.

4

In this regulation—

• “the 2011 Order” has the meaning it has in regulation 68 (transitional provision: financial sanctions licences);

• “the relevant date” means the date on which Part 5 comes into force.

70

1

Paragraph (2) applies where—

a

an application was made before the relevant date for a licence under the 2011 Order,

b

the application is for authorisation of an act prohibited by Part 5 (Trade), and

c

a decision to grant or refuse the application has not been made before the relevant date.

2

The application is to be treated on and after the relevant date as an application for a licence under regulation 33 (trade licences).

3

In this regulation—

• “the 2011 Order” has the meaning it has in regulation 68 (transitional provision: financial sanctions licences);

• “the relevant date” means the date on which Part 5 comes into force.