Statutory Instruments

2020 No. 1571

Overseas Territories

Sanctions

The Russia (Sanctions) (Overseas Territories) Order 2020

Made

16th December 2020

Coming into force in accordance with article 1(1)

At the Court at Windsor Castle, the 16th day of December 2020

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred on Her by section 63(3)(c) and (4) of the Sanctions and Anti-Money Laundering Act 2018 M1, is pleased, by and with the advice of Her Privy Council, to make the following Order:

Marginal Citations

Citation, commencement and extentU.K.

1.—(1) This Order may be cited as the Russia (Sanctions) (Overseas Territories) Order 2020 and comes into force immediately after both the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 M2 and the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 4) Regulations 2020 M3 have come into force in the United Kingdom.

(2) This Order extends to each British overseas territory listed in Schedule 1.

Commencement Information

I1Art. 1 comes into force in accordance with art. 1(1)

Marginal Citations

Extension of the Russia (Sanctions) (EU Exit) Regulations 2019U.K.

2.  The Russia (Sanctions) (EU Exit) Regulations 2019 M4 as amended from time to time extend to each British overseas territory listed in Schedule 1 with the modifications specified in Schedule 2.

Commencement Information

I2Art. 2 comes into force in accordance with art. 1(1)

Marginal Citations

M4S.I. 2019/855, prospectively amended by S.I. 2020/590 and S.I. 2020/951.

Extension of the Sanctions and Anti-Money Laundering Act 2018U.K.

3.  Subject to the modification set out in paragraph (c), the following provisions of the Sanctions and Anti-Money Laundering Act 2018 extend to each British overseas territory listed in Schedule 1 for the purposes of the Russia (Sanctions) (EU Exit) Regulations 2019 as modified and extended to the territories by this Order—

(a)section 44 (protection for acts done for purposes of compliance);

(b)section 52(3) (Crown application);

(c)section 53 (saving for prerogative powers), except that, in its application to a particular British overseas territory, the reference in subsection (1) of that section to the United Kingdom is to be read as a reference to that territory.

Commencement Information

I3Art. 3 comes into force in accordance with art. 1(1)

Richard Tilbrook

Clerk of the Privy Council

Article 1(2)

SCHEDULE 1U.K.British overseas territories

  • Anguilla

  • British Antarctic Territory

  • British Indian Ocean Territory

  • Cayman Islands

  • Falkland Islands

  • Montserrat

  • Pitcairn, Henderson, Ducie and Oeno Islands

  • St Helena, Ascension and Tristan da Cunha

  • South Georgia and the South Sandwich Islands

  • The Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus

  • Turks and Caicos Islands

  • Virgin Islands

Commencement Information

I4Sch. 1 comes into force in accordance with art. 1(1)

Article 2

SCHEDULE 2U.K.Modifications to be made in the extension of the Russia (Sanctions) (EU Exit) Regulations 2019 to each British overseas territory listed in Schedule 1

1.  In regulation 1 (citation and commencement)—U.K.

(a)in the heading, omit “and commencement”;

(b)omit paragraphs (2) and (3).

Commencement Information

I5Sch. 2 para. 1 comes into force in accordance with art. 1(1)

2.  In regulation 2 (interpretation)—U.K.

(a)the existing text becomes paragraph (1);

(b)in that paragraph—

(i)in the appropriate places, insert the following definitions—

““aircraft” has the same meaning as it has in section 6(9) of the Act;”;

[F1““authorised officer” means, in relation to the Territory—

(a)a member of Her Majesty's forces in the Territory,

(b)a police or customs officer of the Territory,

(c)a person authorised by the Governor for the purposes of exercising, whether generally or in a particular case, any power conferred by—

(i)regulation 72 (finance: powers to request information),

(ii)regulation 73 (finance: production of documents),

(iii)regulation 75 (trade: information powers),

(iv)regulation 77 (general trade licences: inspection of records),

(v)regulation 78 (disclosure of information),

(vi)regulation 79A (suspected ships, aircraft or vehicles), or

(vii)regulation 79B (search warrants), or

(d)any person acting under the authority of a person falling within any of paragraphs (a) to (c);”];

““financial sanctions licence” means, in relation to the Territory, a licence issued by the Governor under regulation 64(1);”;

““the Governor” is to be read in accordance with regulation 4A;”;

““Her Majesty's forces” does not include a force of any country, other than the United Kingdom, that is a member of the Commonwealth;”;

““ship” has the same meaning as it has in section 7(14) of the Act;”;

““territorial sea of the Territory” means the territorial sea as defined in an enactment applicable in the Territory or, in the absence of such an enactment, the territorial sea adjacent to the Territory;”;

““Territory aircraft” means, in relation to the Territory—

(a)an aircraft registered in the Territory, or

(b)an aircraft which is not registered under the law of a country outside the Territory but is wholly owned by persons each of whom is a Territory person;”;

““Territory person” means, in relation to the Territory, a person who is—

(a)an individual ordinarily resident in the Territory who is—

(i)a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,

(ii)a person who under the British Nationality Act 1981 M5 is a British subject, or

(iii)a British protected person within the meaning of that Act, or

(b)a body incorporated or constituted under the law of any part of the Territory;”;

““Territory ship” means, in relation to the Territory—

(a)a ship registered in the Territory, or

(b)a ship which is not registered under the law of a country outside the Territory but is wholly owned by persons each of whom is a Territory person;”;

““vehicle” means a land transport vehicle.”;

(ii)omit the definitions of—

(aa)“the Commissioners”,

(bb)“Treasury licence”, and

(cc)“United Kingdom person”;

(iii)in the definition of “working day”, for paragraph (c), substitute—

“(c)a day which is a public holiday in the Territory.”;

(c)after that paragraph insert—

“(2) In the application of these Regulations to a particular British overseas territory, the expression “the Territory” means that territory.”

Textual Amendments

Commencement Information

I6Sch. 2 para. 2 comes into force in accordance with art. 1(1)

Marginal Citations

3.  In regulation 3 (application of prohibitions and requirements outside the United Kingdom)—U.K.

(a)in the heading, for “United Kingdom” substitute “ Territory ”;

(b)in paragraphs (1) and (4), for “United Kingdom person” substitute “ Territory person ”;

(c)in paragraphs (1), (4) and (7), for “United Kingdom” substitute “ Territory ”;

(d)in paragraphs (2) and (5), after “in the territorial sea” insert “ of the Territory ”;

(e)in paragraphs (3) and (6), for “Treasury licence” substitute “ financial sanctions licence ”.

[F2(f)in paragraph (3)(da), for “regulation 57L(6) (disclosure of confidential information)” substitute “regulation 57L(7) (disclosure of confidential information)”;

(g)in paragraph (5), for “regulation 57J(3) (direction by air traffic control to operator or pilot of Russian aircraft)” substitute “regulation 57J(3)(a) or (b) (certain directions by air traffic control to operator or pilot of Russian aircraft)”.]

Textual Amendments

Commencement Information

I7Sch. 2 para. 3 comes into force in accordance with art. 1(1)

4.  In regulation 4 (purposes), for “The regulations contained in this instrument that are made under section 1 of the Act” substitute “ These Regulations ”.U.K.

Commencement Information

I8Sch. 2 para. 4 comes into force in accordance with art. 1(1)

5.  At the end of Part 1 (General), insert—U.K.

“Functions of the Governor

4A.—(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.”

Commencement Information

I9Sch. 2 para. 5 comes into force in accordance with art. 1(1)

6.  Omit regulation 5 (power to designate persons) (including the heading).U.K.

Commencement Information

I10Sch. 2 para. 6 comes into force in accordance with art. 1(1)

7.  Omit regulation 6 (designation criteria) (including the heading).U.K.

Commencement Information

I11Sch. 2 para. 7 comes into force in accordance with art. 1(1)

[F37A.  Omit regulation 6A (conditions for the designation of persons by description) (including the heading).]U.K.

Textual Amendments

[F48.  For regulation 8 (notification and publicity where designation power used) substitute—U.K.

“Requirement to publish a list of persons designated by name

8.—(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 by name by the Secretary of State under regulation 5(1) (power to designate persons by name)(as it has effect in the United Kingdom).”]

Textual Amendments

9.  In regulation 9 (confidential information in certain cases where designation power used)—U.K.

(a)in the heading, omit “where designation power used”;

(b)omit paragraph (1);

(c)in paragraph (2)(a), for “that is to be treated as confidential in accordance with paragraph (1)” substitute “ which the Secretary of State has specified is to be treated as confidential under regulation 9(1) (as it has effect in the United Kingdom) ”;

(d)in paragraph (7)—

(i)for “High Court (in Scotland, the Court of Session)” substitute “ Supreme Court of the Territory ”;

(ii)omit “(in Scotland, an interdict)”;

(e)at the end, insert—

“(9) In this regulation, “Supreme Court of the Territory” means—

(a)in relation to Anguilla, Montserrat and the Virgin Islands, the High Court of the Eastern Caribbean Supreme Court;

(b)in relation to the Cayman Islands, the Grand Court of the Cayman Islands;

(c)in relation to the British Antarctic Territory, the British Indian Ocean Territory, the Falkland Islands, Pitcairn, Henderson, Ducie and Oeno Islands, St Helena, Ascension and Tristan da Cunha, South Georgia and the South Sandwich Islands and the Turks and Caicos Islands, the Supreme Court of that territory;

(d)in relation to the Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus, the Senior Judges' Court of those Areas.”

Commencement Information

I12Sch. 2 para. 9 comes into force in accordance with art. 1(1)

[F59A.  For regulation 9A (notification and publicity where power to designate by description is used) substitute—U.K.

“Requirement to publish a list of designations by description

9A.—(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 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).”]

Textual Amendments

[F610.  For regulation 10 (meaning of “designated person”) substitute—U.K.

“10.  In this Chapter, 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).”]

Textual Amendments

11.  In regulation 16 (dealing with transferable securities or money-market instruments)—U.K.

(a)in paragraph (2)(b)(i) and paragraph (4)(b)(i), for “non-UK country” substitute “ non-Territory country ”;

[F7(aa)in paragraph (4B)—

(i)for “1st March 2022” substitute “14th April 2022”;

(ii)in sub-paragraph (a)(i), for “United Kingdom” substitute “Territory”;]

(b)in paragraph (10), for the definition of “non-UK country”, substitute—

““non-Territory country” means a country that is not the Territory;”.

Textual Amendments

Commencement Information

I13Sch. 2 para. 11 comes into force in accordance with art. 1(1)

12.  In regulation 17 (loans and credit arrangements), in paragraph (5)—U.K.

(a)for the definition of “non-UK country”, substitute—

““non-Territory country” means a country that is not the Territory;”;

F8(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10(d)in the definition of “category 1 loan”—

(i)in paragraph (b)(ii)(aa), for “non-UK country” substitute “non-Territory country”;

(ii)in paragraph (c), for “IP completion day” substitute “Part 3 first came into force”;

(e)in the definition of “category 2 loan”—

(i)in paragraph (b)(i), for “United Kingdom” substitute “Territory”;

(ii)in paragraph (c), for “1st March 2022” substitute “14th April 2022”.]

Textual Amendments

Commencement Information

I14Sch. 2 para. 12 comes into force in accordance with art. 1(1)

[F1112A.  In regulation 17A (correspondent banking relationships [F12and processing payments])—U.K.

(a)in paragraph (1)—

(i)for “UK credit or financial institution”, in both places it occurs, substitute “Territory credit or financial institution”;

(ii)in sub-paragraph (c), for “non-UK credit or financial institution” substitute “non-Territory credit or financial institution”;

(b)in paragraph (2)—

F13(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)in sub-paragraph (b), for “UK credit or financial institution” substitute “Territory credit or financial institution”;

(iii)in sub-paragraph (c), for “non-UK credit or financial institution” substitute “non-Territory credit or financial institution”;

F14(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)in paragraph (6)—

(i)for the definition of “designated person” substitute—

““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 regulation 17A (correspondent banking relationships etc.)(as it has effect in the United Kingdom);”;

(ii)at the appropriate place insert—

““non-Territory country” means a country that is not the Territory;”;

F16“...”;

(iii)for the definition of “non-UK credit or financial institution” substitute—

““non-Territory credit or financial institution” means—

(a)

a person, other than an individual, domiciled in a non-Territory country which would satisfy the threshold conditions for permission under Part 4A of the Financial Services and Markets Act 2000 (permission to carry on regulated activities) if it had its registered office (or if it does not have one, its head office) in the United Kingdom, or

(b)

an undertaking, other than a Territory credit or financial institution, which 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;”;

(iv)for the definition of “UK credit or financial institution” substitute—

““Territory credit or financial institution” means—

(a)

a person, other than an individual, domiciled in the Territory which would satisfy the threshold conditions for permission under Part 4A of the Financial Services and Markets Act 2000 (permission to carry on regulated activities) if it had its registered office (or if it does not have one, its head office) in the United Kingdom, or

(b)

an undertaking domiciled in the Territory which 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.”

Textual Amendments

[F1712AA.  In regulation 18C (trust services), in paragraph (7) for the definition of “designated person” substitute—U.K.

““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 regulation 18C (trust services)(as it has effect in the United Kingdom);”]

Textual Amendments

12B.  In regulation 19A (interpretation of Part 3)—U.K.

(a)in paragraph (1)—

(i)for the definition of “credit or financial institution” substitute—

““credit or financial institution” means a Territory credit or financial institution or a non-Territory credit or financial institution;”;

(ii)in the definition of “Government of Russia”, after “regulation 6” insert “(as it has effect in the United Kingdom)”;

(b)in paragraph (3)—

(i)in sub-paragraph (a), for “non-UK credit or financial institution” substitute “non-Territory credit or financial institution”;

(ii)in sub-paragraph (b), for “UK credit or financial institution” substitute “Territory credit or financial institution”.]

Textual Amendments

13.  For regulation 20 (immigration) substitute—U.K.

“20.—(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 20 (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 69 (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 Convention M6;

“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention M7;

“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.”

Commencement Information

I15Sch. 2 para. 13 comes into force in accordance with art. 1(1)

Marginal Citations

M6ETS Numbers 005, 009, 046, 114, 117, 177, 187 and CETS Numbers 194, 213 and 214.

M7United Nations Treaty Series, vol. 189, p. 137 and vol. 606, p. 267.

14.  In regulation 21 (interpretation of other expressions used in this Part)—U.K.

(a)in paragraph (4), for “Paragraphs 32 to 36” substitute “ Paragraphs 35 and 36 ”;

[F18(aa)after paragraph 4D insert—

“(4E) For the purposes of this Part—

(a)“export” means export from the Territory, and

(b)goods transported out of the Territory by aircraft or ship as stores within the meaning of CEMA (see section 1(1) and (4) of that Act) are to be regarded as exported.

(4F) For the purposes of this Part, “import” means import into the Territory.”;]

F19(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)for paragraph (5) substitute—

“(5) In this Part, any reference to the Territory includes a reference to the territorial sea of the Territory.”

Textual Amendments

Commencement Information

I16Sch. 2 para. 14 comes into force in accordance with art. 1(1)

15.  In [F20regulation 22 (export of restricted goods)], at the end insert—U.K.

“(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, Russia.

[F21(4) A person who contravenes the prohibition in paragraph (1A) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1A) to show that the person did not know and had no reasonable cause to suspect that the export was for the placing on board of a Russian-flagged vessel.”]

Textual Amendments

Commencement Information

I17Sch. 2 para. 15 comes into force in accordance with art. 1(1)

16.  In regulation 23 (import of arms and related materiel), after paragraph (4) insert—U.K.

“(4A) A person who contravenes a prohibition in paragraphs (1) or (2) commits an offence, but—

(a)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 goods were consigned from Russia;

(b)it a defence for a person charged with the offence of contravening paragraph (2) to show that the person did not know and had no reasonable cause to suspect that the goods originated in Russia.”

Commencement Information

I18Sch. 2 para. 16 comes into force in accordance with art. 1(1)

17.  In [F22regulation 24 (supply and delivery of restricted goods)], in paragraph (4) for “United Kingdom, the Isle of Man” substitute “ Territory ”.U.K.

Textual Amendments

Commencement Information

I19Sch. 2 para. 17 comes into force in accordance with art. 1(1)

18.  In [F23regulation 26 (transfer of restricted technology)], in paragraph (1)(c), for “United Kingdom”, in both places it occurs, substitute “ Territory ”.U.K.

Textual Amendments

Commencement Information

I20Sch. 2 para. 18 comes into force in accordance with art. 1(1)

19.  In [F24regulation 29 (brokering services: non-UK activity relating to restricted goods and restricted technology)]—U.K.

(a)in the heading, for “non-UK” substitute “ non-Territory ”;

(b)in paragraph (1), for “non-UK country”, in each place it occurs, substitute “ non-Territory country ”;

(c)for paragraph (4) substitute—

“(4) In this regulation—

“non-Territory country” means a country that is not the Territory;

“third country” means a country that is not the Territory or Russia.”

Textual Amendments

Commencement Information

I21Sch. 2 para. 19 comes into force in accordance with art. 1(1)

20.  In regulation 30 (enabling or facilitating military activities)—U.K.

(a)in paragraph (1)(d), for “non-UK country” substitute “ non-Territory country ”;

(b)in paragraph (4), for the definition of “non-UK country” substitute—

““non-Territory country” means a country that is not the Territory;”.

Commencement Information

I22Sch. 2 para. 20 comes into force in accordance with art. 1(1)

[F2520A.  For regulation 30B (export of relevant restricted goods), substitute—U.K.

“30B.—(1) The export of relevant restricted goods to, or for use in, non-government controlled Ukrainian territory, is prohibited.

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes the 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, non-government controlled Ukrainian territory.”]

Textual Amendments

[F2620B.  In regulation 30C (supply and delivery of relevant restricted goods), in paragraph (4) for “United Kingdom or the Isle of Man” substitute “Territory”.]U.K.

Textual Amendments

F2721.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F2822.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F2923.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

24.  In regulation 40 (export of energy-related goods), at the end insert—U.K.

“(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, Russia.”

Commencement Information

I23Sch. 2 para. 24 comes into force in accordance with art. 1(1)

25.  In regulation 41 (supply and delivery of energy-related goods), in paragraph (4) for “United Kingdom, the Isle of Man” substitute “ Territory ”.U.K.

Commencement Information

I24Sch. 2 para. 25 comes into force in accordance with art. 1(1)

26.  In regulation 45 (brokering services: non-UK activity relating to energy-related goods F30...)—U.K.

(a)in the heading, for “non-UK” substitute “ non-Territory ”;

(b)in paragraph (1), for “non-UK country”, in each place it occurs, substitute “ non-Territory country ”;

(c)for paragraph (4) substitute—

“(4) In this regulation—

“non-Territory country” means a country that is not the Territory;

“third country” means a country that is not the Territory or Russia.”

Textual Amendments

Commencement Information

I25Sch. 2 para. 26 comes into force in accordance with art. 1(1)

[F3126A.  In regulation 46A (technical assistance relating to aircraft and ships), in paragraph (5) for the definition of “designated person” substitute—U.K.

““designated person” means a person for the time being designated 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 46A (technical assistance relating to aircraft and ships)(as it has effect in the United Kingdom);”.]

Textual Amendments

[F3226B.  In regulation 46B (luxury goods)—U.K.

(a)after paragraph (3) insert—

“(3A) A person who contravenes the 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, Russia.”;

(b)in paragraph (5), for “United Kingdom, the Isle of Man” substitute “Territory”.

Textual Amendments

[F3326BA.  In regulation 46C (interpretation) for “United Kingdom, the Isle of Man” substitute “Territory”.]U.K.

Textual Amendments

26C.  In regulation 46D (import of iron and steel products), at the end insert—U.K.

“(4) A person who contravenes a prohibition in paragraph (1) or (2) commits an offence, but—

(a)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 products were consigned from Russia;

(b)it is a defence for a person charged with the offence of contravening paragraph (2) to show that the person did not know and had no reasonable cause to suspect that the products originated in Russia.”

Textual Amendments

26D.  In regulation 46F (supply and delivery of iron and steel products), in paragraph (4), for “United Kingdom, the Isle of Man” substitute “Territory”.]U.K.

Textual Amendments

[F3426DA.  In regulation 46IA (interpretation), in paragraph (1), in the definition of “third country”, for “United Kingdom, the Isle of Man” substitute “Territory”.U.K.

Textual Amendments

26DB.  In regulation 46IB (import of relevant processed iron or steel products), after paragraph (2) insert—U.K.

“(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 goods were relevant processed iron or steel products.”]

Textual Amendments

[F3526DC.  In regulation 46IF (interpretation), in the definition of “third country”, for “United Kingdom, the Isle of Man” substitute “Territory”.]U.K.

Textual Amendments

[F3626E.  In regulation 46L (banknotes), in paragraph (5)—U.K.

(a)omit the “and” after sub-paragraph (a);

(b)in sub-paragraph (b), at the end insert “; and”;

(c)after sub-paragraph (b), insert—

“(c)banknotes denominated in any official currency of the Territory.”

Textual Amendments

26F.  In regulation 46N (jet fuel and fuel additives), in paragraph (5) for “United Kingdom, the Isle of Man” substitute “Territory”.U.K.

Textual Amendments

26G.  In regulation 46R (interpretation) for “United Kingdom, the Isle of Man” substitute “Territory”.U.K.

Textual Amendments

26H.  In regulation 46S (import of revenue generating goods), after paragraph (3), insert—U.K.

“(4) A person who contravenes a prohibition in paragraph (1) or (2) commits an offence, but—

(a)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 goods were consigned from Russia;

(b)it is a defence for a person charged with the offence of contravening paragraph (2) to show that the person did not know and had no reasonable cause to suspect that the goods originated in Russia.”

Textual Amendments

26I.  In regulation 46T (acquisition of revenue generating goods), in paragraph (1) for “United Kingdom” substitute “Territory”.U.K.

Textual Amendments

F3726J.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

26K.  In regulation 46V (technical assistance relating to revenue generating goods), in paragraph (1) for “United Kingdom” F38... substitute “Territory”.U.K.

Textual Amendments

26L.  In regulation 46W (financial services and funds relating to revenue generating goods), in paragraph (1) for “United Kingdom” F39... substitute “Territory”.U.K.

Textual Amendments

[F4026LA.  In regulation 46XA (interpretation), in the definition of “third country” for “United Kingdom, the Isle of Man” substitute “Territory”.U.K.

Textual Amendments

26LB.  In regulation 46XB (import of Schedule 3DA revenue generating goods), after paragraph (3) insert—U.K.

“(4) A person who contravenes a prohibition in paragraph (1) or (2) commits an offence, but—

(a)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 goods were consigned from Russia;

(b)it a defence for a person charged with the offence of contravening paragraph (2) to show that the person did not know and had no reasonable cause to suspect that the goods originated in Russia.”]

Textual Amendments

26M.  In regulation 46Y (G7 dependency and further goods list goods), in paragraph (5) for “United Kingdom, the Isle of Man” substitute “Territory”.U.K.

Textual Amendments

26N.  In regulation 46Z2 (brokering services relating to G7 dependency and further goods list goods)—U.K.

(a)in paragraph (1) for “non-UK country”, in each place it occurs substitute “non-Territory country”;

(b)for paragraph (4), substitute—

“(4) In this regulation, “non-Territory country” means a country that is not the Territory.”

Textual Amendments

26O.  In regulation 46Z4 (import of oil and oil products), after paragraph (3) insert—U.K.

“(4) A person who contravenes a prohibition in paragraph (1) or (2) commits an offence, but—

(a)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 goods were consigned from Russia;

(b)it is a defence for a person charged with the offence of contravening paragraph (2) to show that the person did not know and had no reasonable cause to suspect that the goods originated in Russia.”

Textual Amendments

26P.  In regulation 46Z5 (acquisition of oil and oil products), in paragraph (1) for “United Kingdom” substitute “Territory”.U.K.

Textual Amendments

F4126Q.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

26R.  In regulation 46Z7 (technical assistance relating to oil and oil products), in paragraph (1) for “United Kingdom” F42... substitute “Territory”.U.K.

Textual Amendments

26S.  In regulation 46Z8 (financial services and funds relating to oil and oil products), in paragraph (1) for “United Kingdom” F43... substitute “Territory”.U.K.

Textual Amendments

[F4426SA.  In regulation 46Z9A (interpretation), in paragraph (1), in the definition of “third country”, for “United Kingdom, the Isle of Man” substitute “Territory”.]U.K.

Textual Amendments

26T.  In regulation 46Z11 (prohibition on the import of gold from Russia), after paragraph (3), insert—U.K.

“(4) A person who contravenes the 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 gold originated in Russia.”

Textual Amendments

26U.  In regulation 46Z12 (acquisition of gold from Russia), in paragraph (1) for “United Kingdom” substitute “Territory”.U.K.

Textual Amendments

F4526V.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

26W.  In regulation 46Z14 (technical assistance relating to gold), in paragraph (1), for “United Kingdom” F46... substitute “Territory”.U.K.

Textual Amendments

26X.  In regulation 46Z15 (financial services and funds relating to gold)—U.K.

(a)in paragraph (1), for “United Kingdom” F47... substitute “Territory”;

(b)after paragraph (3), insert—

“(4) In this regulation, “third country” means a country that is not the Territory or Russia.”

Textual Amendments

[F4826XA.  In regulation 46Z16A (interpretation), in paragraph (1), in the definition of “third country”, for “United Kingdom, the Isle of Man” substitute “Territory”.U.K.

Textual Amendments

26XB.  In regulation 46Z16B (prohibition on the import of gold jewellery from Russia), after paragraph (2) insert—U.K.

“(3) A person who contravenes the 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 gold jewellery originated in Russia.”

Textual Amendments

26XC.  In regulation 46Z16C (prohibition on the import of relevant processed gold), after paragraph (2) insert—U.K.

“(3) A person who contravenes the 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 goods were relevant processed gold.”

Textual Amendments

26XD.  In regulation 46Z16D (acquisition of gold jewellery from Russia), in paragraphs (1) and (2), for “United Kingdom”, in both places it occurs, substitute “Territory”.U.K.

Textual Amendments

26XE.  In regulation 46Z16E (technical assistance relating to gold jewellery), in paragraph (1), for “United Kingdom” substitute “Territory”.U.K.

Textual Amendments

26XF.  In regulation 46Z16G (financial services and funds relating to gold jewellery), in paragraph (1), for “United Kingdom” substitute “Territory”.]U.K.

Textual Amendments

26Y.  In regulation 46Z18 (import of coal and coal products), after paragraph (3) insert—U.K.

“(4) A person who contravenes a prohibition in paragraph (1) or (2) commits an offence, but—

(a)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 goods were consigned from Russia;

(b)it is a defence for a person charged with the offence of contravening paragraph (2) to show that the person did not know and had no reasonable cause to suspect that the goods originated in Russia.”

Textual Amendments

26Z.  In regulation 46Z19 (acquisition of coal and coal products), in paragraph (1), for “United Kingdom” substitute “Territory”.U.K.

Textual Amendments

F4926Z1.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

26Z2.  In regulation 46Z21 (technical assistance relating to coal and coal products), in paragraph (1), for “United Kingdom” F50... substitute “Territory”.U.K.

Textual Amendments

26Z3.  In regulation 46Z22 (financial services and funds relating to coal and coal products), in paragraph (1), for “United Kingdom” F51... substitute “Territory”.]U.K.

Textual Amendments

[F5226Z4.  In regulation 46Z25 (import of liquefied natural gas), after paragraph (3) insert—U.K.

“(4) A person who contravenes a prohibition in paragraph (1) or (2) commits an offence, but—

(a)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 that the liquefied natural gas was consigned from Russia;

(b)it is a defence for a person charged with the offence of contravening paragraph (2) to show that the person did not know and had no reasonable cause to suspect that the liquefied natural gas originated in Russia.”

Textual Amendments

26Z5.  In regulation 46Z26 (acquisition of liquefied natural gas), in paragraph (1), for “United Kingdom” substitute “Territory”.U.K.

Textual Amendments

26Z6.  In regulation 46Z27 (technical assistance relating to liquefied natural gas), in paragraph (1), for “United Kingdom” substitute “Territory”.U.K.

Textual Amendments

26Z7.  In regulation 46Z28 (financial services and funds relating to liquefied natural gas), in paragraph (1), for “United Kingdom” substitute “Territory”.U.K.

Textual Amendments

26Z8.  In regulation 46Z30 (Russia’s vulnerable goods)—U.K.

(a)after paragraph (3), insert—

“(3A) A person who contravenes 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, Russia.”;

(b)in paragraph (5), for “United Kingdom, the Isle of Man” substitute “Territory”.

Textual Amendments

26Z9.  In regulation 46Z33 (brokering services relating to Russia’s vulnerable goods)—U.K.

(a)in paragraph (1), for “non-UK country”, in each place it occurs, substitute “non-Territory county”;

(b)for paragraph (4) substitute—

“(4) In this regulation, “non-Territory country” means a country that is not the Territory.”]

Textual Amendments

[F5327.  In regulation 47 (import from non-government controlled Ukrainian territory), at the end insert—U.K.

“(3) A person who contravenes the 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 goods originated in non-government controlled Ukrainian territory.”]

Textual Amendments

[F5428.  For regulation 48 (export of infrastructure-related goods to non-government controlled Ukrainian territory), substitute—U.K.

“48.—(1) The export of infrastructure-related goods to, or for use in, non-government controlled Ukrainian territory, is prohibited.

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes the 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, non-government controlled Ukrainian territory.”]

Textual Amendments

[F5529.  In regulation 49 (supply and delivery of infrastructure-related goods), in paragraph (4), for “United Kingdom, the Isle of Man” substitute “Territory”.]U.K.

Textual Amendments

30.  In [F56regulation 53 (brokering services: non-UK activity relating to infrastructure-related goods and goods from non-government controlled Ukrainian territory)]—U.K.

(a)in the heading, for “non-UK” substitute “non-Territory”;

(b)in paragraph (1), for “non-UK country”, in each place it occurs, substitute “non-Territory country”;

(c)for paragraph (4) substitute—

[F57“(4) In this regulation—

“non-Territory country” means a country that is not the Territory;

“third country” means a country that is not the Territory or non-government controlled Ukrainian territory.”]

Textual Amendments

Commencement Information

I26Sch. 2 para. 30 comes into force in accordance with art. 1(1)

[F5830A.  In regulation 53A (application of prohibitions and requirements in Chapter 2 of Part 5 to non-government controlled Ukrainian territory) omit paragraphs (2) and (3).U.K.

Textual Amendments

30B.  In regulation 54D (legal advisory services)—U.K.

(a)in paragraph (1)—

(i)for “United Kingdom person” substitute “Territory person”;

(ii)for “United Kingdom”, in the second place it occurs, substitute “Territory”;

(b)in paragraph (2)(a)(i) and (2)(b)(i), for “United Kingdom person” substitute “Territory person”;

(c)in paragraph (2)(a)(ii) and (2)(b)(ii), for “United Kingdom” substitute “Territory”]

Textual Amendments

31.  In [F59regulation 57 (Crimean ports direction or Donetsk ports direction)]—U.K.

(a)for “British ship”, in each place it occurs, substitute “Territory ship”;

(b)in paragraph (4)(a), for “British ships” substitute “Territory ships”.

[F60(c)omit paragraph (7).]

Textual Amendments

Commencement Information

I27Sch. 2 para. 31 comes into force in accordance with art. 1(1)

[F6131A.  In regulation 57A (prohibition on port entry)—U.K.

(a)in paragraphs (1) and (2), for “United Kingdom”, in both places it occurs, substitute “Territory”;

(b)for paragraph (6) substitute—

“(6) In paragraph (5), a “designated person” means a person for the time being designated 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 57A and 57C to 57E (ships: prohibition on port entry etc.)(as they have effect in the United Kingdom).”

Textual Amendments

31B.  In regulation 57B (directions prohibiting port entry)—U.K.

(a)in paragraphs (2), (3), (5) and (6), for “Secretary of State”, in each place it occurs, substitute “Governor”;

(b)in paragraphs (3) and (7), for “United Kingdom”, in both places it occurs, substitute “Territory”;

(c)in paragraph (4), for “under this regulation” substitute “under paragraph (1), (2) or (3)”;

(d)after paragraph (6) insert—

“(6A) The Secretary of State may direct the Governor to exercise any of the Governor’s powers under this regulation.”

Textual Amendments

31C.  In regulation 57C (movement of ships)—U.K.

(a)in paragraphs (1), (2), (4) and (5), for “Secretary of State”, in each place it occurs, substitute “Governor”;

(b)in paragraph (3), for “under this regulation” substitute “under paragraph (1) or (2)”;

(c)after paragraph (5) insert—

“(5A) The Secretary of State may direct the Governor to exercise any of the Governor’s powers under this regulation.”;

(d)in paragraph (6), for the definition of “designated person” substitute—

“a “designated person” means a person for the time being designated 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 57A and 57C to 57E (ships: prohibition on port entry etc.)(as they have effect in the United Kingdom);”.

Textual Amendments

31D.  In regulation 57D (detention of ships)—U.K.

(a)in paragraphs (1), (2) and (3), for “Secretary of State”, in each place it occurs, substitute “Governor”;

(b)in paragraphs (4) and (6)(b), for “United Kingdom”, in both places it occurs, substitute “Territory”;

(c)after paragraph (7) insert—

“(7A) The Secretary of State may direct the Governor to exercise any of the Governor’s powers under paragraph (1) or (3).”;

(d)for paragraph (8) substitute—

“(8) Where a detention direction is given under this regulation in relation to a ship, an authorised officer may detain the ship.

(8A) If a ship in respect of which a detention direction has been given to the master proceeds to sea in contravention of the detention direction, the master of the ship commits an offence.

(8B) If a ship in respect of which a detention direction has been given to the master fails to comply with any requirements imposed by the direction, the master of the ship commits an offence.

(8C) The owner of a ship, and any person who sends to sea a ship, in respect of which an offence is committed under paragraph (8A) or (8B), if party or privy to the offence, also commits an offence under that paragraph.

(8D) Any reference in this regulation to proceeding to sea includes a reference to going on a voyage or excursion that does not involve going to sea, and references to sending to sea are to be construed accordingly.”;

(e)for paragraph (10) substitute—

“(10) In this regulation, “designated person” means a person for the time being designated 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 57A and 57C to 57E (ships: prohibition on port entry etc.)(as they have effect in the United Kingdom).”

Textual Amendments

31E.  In regulation 57E (registration of ships in the United Kingdom)—U.K.

(a)in the heading, for “United Kingdom” substitute “Territory”;

(b)in paragraphs (1) and (2), for “Registrar”, in each place it occurs, substitute “Territory registrar”;

(c)in paragraph (1), after “Secretary of State” insert “, by the Governor”;

(d)in paragraph (2), after “Secretary of State” insert “or the Governor”;

(e)in paragraph (3)—

(i)before sub-paragraph (a) insert—

“(za)“the Territory registrar”, in relation to the Territory, means the person responsible for the registration of ships in the Territory;”;

(ii)in sub-paragraph (a), for “register of British ships maintained by the Registrar” substitute “register of British ships in the Territory maintained by the Territory registrar”;

(iii)for sub-paragraph (b) substitute—

“(b)“designated person” means a person for the time being designated 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 57A and 57C to 57E (ships: prohibition on port entry etc.)(as they have effect in the United Kingdom), and”.

Textual Amendments

31F.  Omit regulation 57F (specification of ships) (including the heading).U.K.

Textual Amendments

31G.  For regulation 57G (notification and publicity where specification power used) substitute—U.K.

“Requirement to publish a list of specified ships

57G.—(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 57G (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.”

Textual Amendments

31H.  In regulation 57H (directions under this Part: general), in paragraph (1), after “Secretary of State” insert “or Governor”.U.K.

Textual Amendments

31I.  In regulation 57I (interpretation of Part 6)—U.K.

(a)in paragraph (4), in the definition of “specified ship”, after “under regulation 57F (specification of ships)” insert “(as it has effect in the United Kingdom)”;

(b)in paragraph (6), after “in that section” insert, unless otherwise provided in this Part”.

Textual Amendments

31J.  In regulation 57J (movement of aircraft)—U.K.

(a)in paragraph (1), for “United Kingdom”, in both places it occurs, substitute “Territory”;

(b)in paragraph (3)—

(i)in sub-paragraph (a), for “United Kingdom, or” substitute “Territory,”;

(ii)in sub-paragraph (b), for “United Kingdom by a specific route.” substitute “Territory by a specific route,”;

(iii)at the end insert—

“(c)not to take off, or not to permit the aircraft to take off, from an airport in the Territory,

(d)to take off, or to require the aircraft to take off, from an airport in the Territory, or

(e)not to land, or not to permit the aircraft to land, at an airport in the Territory.”

(c)in paragraph (4), for “Secretary of State” substitute “Governor”;

(d)in paragraph (6), for “Secretary of State” substitute “Governor”;

(e)for paragraph (9) substitute—

“(9) The Secretary of State, or the Governor (as the case may be), may—

(a)refuse permission under article 135 of the ANO in respect of a Russian aircraft,

(b)refuse permission under article 137 of the ANO in respect of a Russian aircraft,

(c)suspend or revoke any permission granted under article 135 of the ANO in respect of a Russian aircraft, or

(d)suspend or revoke any permission granted under article 137 of the ANO in respect of a Russian aircraft.”

(f)for paragraph (11) substitute—

“(11) In paragraph (10), a “designated person” means a person for the time being designated 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 57J or 57M (movement or registration of aircraft)(as they have effect in the United Kingdom).”

(g)at the end insert—

“(12) The Secretary of State may direct the Governor to exercise any of the Governor’s powers under paragraph (4) or (6).”

Textual Amendments

31K.  In regulation 57K (directions under regulation 57J), in paragraph (6), after “Secretary of State” insert “or Governor (as the case may be)”.U.K.

Textual Amendments

31L.  For regulation 57L (directions under regulation 57J: supplementary) substitute—U.K.

“57L.—(1) Where a direction is given under regulation 57J(9)(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 57J 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 57J conflicts with any requirement in the applicable law of the Territory that corresponds to the requirements of section 93 of the Transport Act 2000 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 57J 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 57J, 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 57J, 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 57J includes the refusal, suspension or revocation of permission under regulation 57J(9).”

Textual Amendments

31M.  For regulation 57M (registration of an aircraft in the United Kingdom) substitute—U.K.

“Registration of an aircraft in the Territory

57M.—(1) The Governor must refuse to register an aircraft if, on the basis of the information given to the Governor by the applicant, the Secretary of State or a third person, the aircraft appears to be a relevant aircraft.

(2) The Secretary of State may direct the Governor to terminate the registration of a relevant aircraft.

(3) In so far as a direction under paragraph (2) conflicts with the provisions of Part 2 (Registration and marking of aircraft) of the ANO, those provisions are to be disregarded.

(4) For the purposes of this regulation, “relevant aircraft” means—

(a)an aircraft owned or operated by a designated person, or

(b)an aircraft chartered by demise by a designated person.

(5) Any reference in this regulation to registering an aircraft is a reference to registering an aircraft in the register in relation to the Territory kept by the Governor.

(6) In paragraph (4), a “designated person” means a person for the time being designated 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 57J or 57M (movement or registration of aircraft)(as they have effect in the United Kingdom).”

Textual Amendments

31N.  In regulation 57N (offences)—U.K.

(a)in paragraph (2), for “Secretary of State” substitute “Governor”;

(b)in paragraph (5), for “regulation 57L(6) (disclosure of direction)” substitute “regulation 57L(7) (disclosure of direction)”.

Textual Amendments

31O.  In regulation 57O (interpretation of Part 6A)—U.K.

(a)in paragraph (1)—

(i)for the definition of “air traffic control” substitute—

““air traffic control” means a person which provides any of the following services in the Territory—

(a)

an air traffic control service (which has the meaning that it has in article 3(1) of the ANO), or

(b)

a flight information service (which has the meaning that it has in article 3(1) of the ANO);”

(ii)for the definition of “the ANO” substitute—

““the ANO” means the Air Navigation (Overseas Territories) Order 2013;”;

(iii)at the appropriate places insert—

““airport” means the aggregate of the land, water, buildings and works comprised in an aerodrome within the meaning of article 3(1) of the ANO;”;

““airport operator”, in relation to the Territory, means a person in charge of the operation of an airport in the Territory;”;

(b)in paragraph (4), after “in that section” insert “, unless otherwise provided in this regulation”.]

Textual Amendments

32.  In regulation 58 (asset-freeze etc.: exceptions from prohibitions)—U.K.

(a)omit paragraph (6);

(b)in paragraph (7), for the definition of “relevant institution” substitute—

““relevant institution”, in relation to the Territory, means a person domiciled in the Territory which would satisfy the threshold conditions for permission under Part 4A of the Financial Services and Markets Act 2000 M8 (permission to carry on regulated activity) if it had its registered office (or if it does not have one, its head office) in the United Kingdom.”;

(c)omit paragraph (8).

Commencement Information

I28Sch. 2 para. 32 comes into force in accordance with art. 1(1)

Marginal Citations

M82000 c.8. Part 4A was inserted by the Financial Services Act 2012 (c.21), section 11(2) and most recently amended by S.I. 2018/1149; it is prospectively amended by S.I. 2019/632.

[F6233.  In regulation 59 (exceptions relating to loans and credit arrangements)—U.K.

(a)in paragraph (1)(c)—

(i)after paragraph (i) insert—

“(ia)in the case of a category 2 loan, 14th April 2022;”;

(ii)in paragraph (ii), omit “a category 2 loan,”;

(b)in paragraph (2)(a)(i)—

(i)after sub-paragraph (aa) insert—

“(aaa)in the case of a category 2 loan, 14th April 2022;”;

(ii)in sub-paragraph (bb), omit “a category 2 loan,”;

(c)in paragraph (3), in the definition of “relevant subsidiary”, for “United Kingdom” substitute “Territory”.]

Textual Amendments

Commencement Information

I29Sch. 2 para. 33 comes into force in accordance with art. 1(1)

F6333A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

[F6433B.  In regulation 59A(2)(b) (exceptions relating to processing payments), for “United Kingdom” substitute “Territory”.]U.K.

Textual Amendments

34.  In [F65regulation 60 (exceptions relating to investments in relation to non-government controlled Ukrainian territory)], for “Treasury” substitute “Governor”.U.K.

Textual Amendments

Commencement Information

I30Sch. 2 para. 34 comes into force in accordance with art. 1(1)

[F6634ZA.  In regulation 60ZZA (exceptions relating to investments in relation to Russia), in paragraph (1) for “Treasury” substitute “Governor”.]U.K.

Textual Amendments

[F6734ZB.  For regulation 60ZZB substitute—U.K.

“60ZZB.—(1) The prohibitions in regulation 18C (trust services) are not contravened by any act done by a person (“P”)—

(a)in satisfaction of an obligation in respect of the provision of trust services by P to or for the benefit of—

(i)a designated person, or

(ii)a person connected with Russia,

where those services are provided in relation to the discharge of or compliance with a statutory or regulatory obligation of the Territory;

(b)for the purposes of complying with the prohibitions and obligations in Chapter 1 of Part 3 (asset freeze etc.);

(c)in connection with transferable securities or money-market instruments where dealing with such securities or instruments is not prohibited by regulation 16 or 18B.

(2) The prohibitions in regulation 18C are not contravened by the provision of the following trust services where the condition in paragraph (3) is met—

(a)trust services provided to a community amateur sports club registered as such under the applicable law of the Territory;

(b)trust services provided to a trust for charitable services registered (or which is or is not required to register) as a charity under the applicable law of the Territory;

(c)trust services provided to a pension scheme registered under the applicable law of the Territory;

(d)trust services for the purposes of a trust relating to the creation of a beneficial interest in securities belonging to a person whose name and address are maintained on a register of securities in the Territory;

(e)trust services provided by the operator or trustee of an authorised unit trust scheme in relation to that scheme;

(f)trust services provided in the course of, or in connection with, carrying on by way of business the activity specified in article 40 (safeguarding and administering investments) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, except in so far as the activity relates to a unit trust scheme which is not an authorised unit trust scheme; or

(g)trust services provided in the course of, or in connection with, the acting by way of business as an agent holding funds, economic resources or documents in escrow until the performance of a contractual condition agreed between two or more other persons, including the person for whom the funds, economic resources or documents are being held.

(3) The condition in this paragraph is that the trust services are not provided primarily to, or for the benefit of, a designated person or a person connected with Russia.

(4) Where the condition in paragraph (5) is met, the prohibitions in regulation 18C are not contravened by the provision of trust services for making funds and economic resources available to or for the benefit of—

(a)a person under the age of 18,

(b)a person who at the material time lacks capacity, being unable to make a decision for themselves in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain (whether permanent or temporary).

(5) The condition in this paragraph is that the trust services are not provided primarily to, or for the benefit of, a designated person.

(6) In this regulation, whether trust services are provided for the benefit of a person is to be construed in accordance with regulation 18C.

(7) In this regulation—

“authorised unit trust scheme” means a unit trust scheme which is authorised by the relevant financial authority in the Territory;

“designated person” has the meaning given in regulation 18C(7);

“the operator” has the meaning given in section 237 of the Financial Services and Markets Act 2000;

“person connected with Russia” is to be construed in accordance with regulation 19A(2);

“trust services” has the meaning given in regulation 18C(7);

“trustee” has the meaning given in section 237 of the Financial Services and Markets Act 2000;

“unit trust scheme” means a collective investment scheme under which the property is held on trust for the participants, except that it does not include a contractual scheme.”]

Textual Amendments

[F6834A.  In regulation 60ZA (trade: exceptions relating to non-government controlled areas of the Donetsk and Luhansk oblasts), in paragraphs (2)(b), (3(b) and (5)(b), for “Secretary of State”, in each place it occurs, substitute “Governor”.U.K.

Textual Amendments

[F6934AA.  In regulation 60A (trade: exceptions in relation to personal effects etc.), in paragraph (1D), for “United Kingdom” substitute “Territory”.]U.K.

Textual Amendments

34B.  In regulation 60C (trade: exceptions in relation to aircraft and vessels)—U.K.

(a)in paragraph (1), for “United Kingdom” substitute “Territory”;

[F70(aa)in paragraph (2AA), for “at a UK airport” substitute “at an airport in the Territory”;]

(b)in paragraph (3), in the definition of “qualifying removal”, for “United Kingdom” substitute “Territory”.]

Textual Amendments

[F7134C.  In regulation 60DA (trade: exception relating to professional and business services)—U.K.

(a)in paragraph (1), for “UK statutory or regulatory obligations” substitute “applicable statutory or regulatory obligations in the Territory”;

(b)in paragraph (2)(b), for “Secretary of State” substitute “Governor”;

(c)in paragraph (3)(b)(iii), for “Secretary of State” substitute “Governor”;

[F72(ca)in paragraph (5)(a), for “UK subsidiary undertaking” substitute “Territory subsidiary undertaking”;]

(d)in paragraph (5)(a), for “UK statutory or regulatory obligations” substitute “applicable statutory or regulatory obligations in the Territory”;

[F73(da)in paragraph (5A), in sub-paragraph (a)—

(i)for “UK undertaking” substitute “Territory undertaking”;

(ii)for “UK statutory or regulatory obligations” substitute “applicable statutory or regulatory obligations in the Territory”;]

(e)in paragraph (9)—

(i)for the definition of “auditor” substitute—

““auditor” means a person appointed, in accordance with a requirement under the law of the Territory, to audit the accounts of a body corporate which is incorporated or constituted under the law of the Territory;”;

(ii)for the definition of “credit institution” substitute—

““credit institution” means a body incorporated under the law of the Territory, the business of which is to take deposits or other repayable funds from the public and to grant credits for its own account;”

[F74(iii)for the definition of “UK subsidiary undertaking” substitute—

““Territory subsidiary undertaking” means a subsidiary undertaking that is incorporated or formed under the law of the Territory;”;

(iv)for the definition of “UK undertaking” substitute—

““Territory undertaking” means an undertaking within the meaning given in section 1161 of the Companies Act 2006 (as it applies in the United Kingdom) that is incorporated or formed under the law of the Territory.”].]

Textual Amendments

[F7534CA.  In regulation 60DB (trade: exception relating to legal advisory services), in paragraph (2) for “UK statutory or regulatory obligations” substitute “applicable statutory or regulatory obligations in the Territory”]U.K.

Textual Amendments

[F7634D.  In regulation 60F (trade: exceptions in relation to banknotes), in paragraph (2), after “European Union” insert “or the Territory”].U.K.

Textual Amendments

[F7734DA.  In regulation 60G (trade: exception in relation to certain goods consigned from Russia), in paragraph (1A)(b) [F78and (1E)(b)], for “United Kingdom” substitute “Territory”.U.K.

Textual Amendments

34DB.  In regulation 60GA (trade: exception in respect of the acquisition of iron and steel products), in paragraph (1), for “United Kingdom or the Isle of Man” substitute “Territory”.U.K.

Textual Amendments

[F7934DBA.  In regulation 60GAA (trade: exception in respect of iron and steel products, relevant processed iron or steel products and metals exported from Russia before the relevant day)—U.K.

(a)in paragraph (1)(b), for “United Kingdom or the Isle of Man” substitute “Territory”;

(b)in paragraph (7), for the words from “Section 3” to “applies” substitute “Any rules imposing an obligation to declare goods for a customs procedure on import into the Territory apply”.]

Textual Amendments

34DC.  In regulation 60GB (trade: exception in respect of the acquisition of Schedule 3DA revenue generating goods), in paragraph (1)—U.K.

(a)for “United Kingdom or the Isle of Man” substitute “Territory”;

(b)for “United Kingdom national”, in both places it occurs, substitute “Territory person, who is an individual,”.]

Textual Amendments

[F7634E.  In regulation 60I (trade: exceptions in relation to Energy-related Goods), in paragraph (1), for “non-UK” substitute “non-Territory”.]U.K.

Textual Amendments

[F8035.  In regulation 61 (trade: exception for emergencies in certain cases)—U.K.

(a)in paragraph (1), for “Secretary of State” substitute “Governor”;

(b)in paragraph (1B), for “Treasury” substitute “Governor”.]

Textual Amendments

[F8135ZA.  In regulation 61ZA (trade: exception for humanitarian assistance activity in non-government controlled areas of the Donetsk and Luhansk oblasts), in paragraph (2), in the definition of “relevant prohibition”, for “non-UK” substitute “non-Territory”.]U.K.

Textual Amendments

[F8235A.  In regulation 61B (aircraft: exceptions from prohibitions)—U.K.

(a)in paragraphs (1) and (2), for “United Kingdom”, in both places it occurs, substitute “Territory”;

(b)in paragraph (4A)(a), for “regulation 57J(3)(b)” substitute “regulation 57J(3)(b) or (d)”.]

Textual Amendments

[F8336.  For regulation 62A (exception for authorised conduct in a relevant country) substitute—U.K.

“Exceptions for authorised conduct outside the Territory

62A.—(1) Where a person’s conduct outside the Territory would, in the absence of this paragraph, contravene a prohibition in any of Chapters 1 and 2 of Part 3 (Finance) or [F84Chapters 2 to 6 and Chapter 6B] of Part 5 (Trade), the prohibition is not contravened if the conduct is authorised by a licence issued under regulation 64 (Treasury licences) (as it has effect in the United Kingdom) or regulation 65 (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 Chapters 1 and 2 of Part 3 or [F84Chapters 2 to 6 and Chapter 6B] 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—

(a)

any of the Channel Islands,

(b)

the Isle of Man, or

(c)

any British overseas territory other than the Territory.”]

Textual Amendments

[F8537.  For regulation 63 (exception for acts done for purposes of national security or prevention of serious crime) substitute—U.K.

“63.—(1) Where an act would, in the absence of this paragraph, be prohibited by regulation 9(2) or 9B(2) (confidentiality) or any prohibition in Part 3 (Finance) or Part 5 (Trade) or under or by virtue of Part 6 (Ships) or Part 6A (Aircraft), 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 8 (Information and records) or Part 10 (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.”]

Textual Amendments

[F8638.  For regulation 64 (Treasury licences) substitute—U.K.

“Financial sanctions licences

64.—(1) The prohibitions in Chapters 1 and 2 of Part 3 (Finance) [F87and regulations 46Z9B to 46Z9D (maritime transportation of certain oil and oil products)] do not apply to anything done under the authority of a licence issued by the Governor under this paragraph.

(2) Without prejudice to the generality of the powers conferred by paragraph (1), a financial sanctions licence issued by the Governor may, in particular, authorise acts which would otherwise be prohibited by any of [F88regulations 11 to [F8918C]] (financial restrictions) [F90or 46Z9B to 46Z9D (maritime transportation of certain oil and oil products)] 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.) or regulation 17A (correspondent banking relationships etc.), the date on which the person was designated.

(3) The Governor may issue a financial sanctions licence which authorises acts by a particular person only—

(a)in the case of acts which would otherwise be prohibited by regulations 11 to 15, where the Governor considers that it is appropriate to issue the licence for a purpose set out in Part 1 (Asset-freeze etc.) of Schedule 5 (Financial sanctions licences: purposes),

[F91(aa)in the case of acts which would otherwise be prohibited by regulations 11 to 15, 16, 17, 17A, 18A and 18C, where the Governor considers that it is appropriate to issue the licence for a purpose set out in Part 1ZA of Schedule 5,]

(b)in the case of acts which would otherwise be prohibited by regulation 17 (loans and credit arrangements), where the Governor considers that it is appropriate to issue the licence for a purpose set out in Part 1A (Loans and credit arrangements) of Schedule 5,

(c)in the case of acts which would otherwise be prohibited by regulation 17A, where the Governor considers that it is appropriate to issue the licence for a purpose set out in Part 1B (Correspondent banking relationships etc.) of Schedule 5,

(d)in the case of acts which would otherwise be prohibited by regulation 17A(2) [F92(processing payments)], where the Governor considers that it is appropriate to issue the licence for a purpose set out in Part 1C [F93(Processing payments)] of Schedule 5,

(e)in the case of acts which would otherwise be prohibited by regulation 18 (investments in relation to non-government controlled Ukrainian territory), where the Governor considers that it is appropriate to issue the licence for a purpose set out in Part 2 (Investment in non-government controlled Ukrainian territory) of Schedule 5, F94...

(f)in the case of acts which would otherwise be prohibited by regulation 18A (provision of financial services relating to foreign exchange reserve and asset management), where the Governor considers that it is appropriate to issue the licence for a purpose set out in Part 1D (Foreign exchange reserve and asset management services) of Schedule 5, F95...

[F96(g)in the case of acts which would otherwise be prohibited by regulation 18B (investments in relation to Russia), where the Governor considers that it is appropriate to issue the licence for a purpose set out in Part 3 of Schedule 5] [F97, and]

[F98(ga)in the case of acts which would otherwise be prohibited by regulation 18C (trust services), where the Governor considers that it is appropriate to issue the licence for a purpose set out in Part 3A of Schedule 5, and]

[F99(h)in the case of acts which would otherwise be prohibited by regulations 46Z9B to 46Z9D (maritime transportation of certain oil and oil products), where the Governor considers that it is appropriate to issue the licence for the purpose set out in Part 4 (maritime transportation of certain oil and oil products) of Schedule 5.]

(4) Part A1 (Interpretation) of Schedule 5 has effect for the interpretation of terms in that Schedule.

(5) The Governor may issue a financial sanctions licence only with the consent of the Secretary of State.”]

Textual Amendments

39.  In regulation 65 (trade licences)—U.K.

(a)the existing text becomes paragraph (1);

(b)in that paragraph, for “Secretary of State” substitute “ Governor ”;

(c)at the end insert—

“(2) The Governor may issue a licence under paragraph (1) only with the consent of the Secretary of State.”

Commencement Information

I31Sch. 2 para. 39 comes into force in accordance with art. 1(1)

[F10039A.  In regulation 65A (aircraft licences)—U.K.

(a)the existing text becomes paragraph (1);

(b)in that paragraph, for “Secretary of State” substitute “Governor”;

(c)at the end insert—

“(2) The Governor may issue a licence under paragraph (1) only with the consent of the Secretary of State.”]

Textual Amendments

40.  In regulation 66 (licences: general provisions)—U.K.

(a)in paragraph (1), for “Treasury licences” substitute “ financial sanctions licences ”;

(b)in paragraph (5), after “a licence may” insert “ , with the consent of the Secretary of State, ”.

Commencement Information

I32Sch. 2 para. 40 comes into force in accordance with art. 1(1)

41.  In regulation 67 (finance: licensing offences), for “Treasury licence”, in both places it occurs, substitute “ financial sanctions licence ”.U.K.

Commencement Information

I33Sch. 2 para. 41 comes into force in accordance with art. 1(1)

42.  For regulation 69 (section 8B(1) to (3) of Immigration Act 1971: directions) substitute—U.K.

“Immigration directions

69.—(1) The Governor may, with the consent of the Secretary of State, direct that, in relation to any person falling within regulation 20 (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.”

Commencement Information

I34Sch. 2 para. 42 comes into force in accordance with art. 1(1)

43.  In regulation 70 (finance: reporting obligations)—U.K.

(a)for “Treasury”, in each place it occurs, substitute “ Governor ”;

(b)for paragraph (5) substitute—

“(5) A relevant institution must inform the Governor without delay if that institution credits a frozen account in accordance with regulation 58(4) (finance: exceptions from prohibitions).”

Commencement Information

I35Sch. 2 para. 43 comes into force in accordance with art. 1(1)

[F10143A.  In regulation 70A (designated persons: reporting obligations)—U.K.

(a)for “Treasury”, in each place it occurs, substitute “Governor”;

(b)in paragraph (1), for “United Kingdom person” substitute “Territory person”;

(c)in paragraph (2)—

(i)in the opening words, for “United Kingdom person” substitute “Territory person”;

(ii)in sub-paragraph (a), for “United Kingdom” substitute “Territory”.]

Textual Amendments

44.  For regulation 71 (“relevant firm”) substitute—U.K.

“71.—(1) The following are relevant firms for the purposes of regulation 70 (finance: reporting obligations)—

(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

[F102(v) company services, or

(vi)trust 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—

[F103“company services” means any of the following services—

(a)

forming companies or other legal persons;

(b)

acting, or arranging for another person to act—

(i)

as a director or secretary of a company,

(ii)

as a partner of a partnership, or

(iii)

in a similar capacity in relation to other legal persons;

(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;

(d)

acting, or arranging for another person to act, as a nominee shareholder for a person;]

“estate agency work”, in relation to the Territory, is to be read in accordance with section 1 of the Estate Agents Act 1979 M9, 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 58;

F104...

[F103“trust services” has the meaning given in regulation 18C(7) (trust services).]

(3) For the purposes of regulation 70(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.”

Textual Amendments

Commencement Information

I36Sch. 2 para. 44 comes into force in accordance with art. 1(1)

Marginal Citations

45.  In regulation 72 (finance: powers to request information)—U.K.

(a)in paragraph (1), for “The Treasury” substitute “ An authorised officer ”;

(b)in paragraph (2)—

(i)for “The Treasury”, in the first place it occurs, substitute “ An authorised officer ”;

(ii)for “the Treasury”, in the second place it occurs, substitute “ the authorised officer ”;

(c)in paragraph (4), for “the Treasury believe” substitute “ the authorised officer believes ”;

(d)in paragraph (5)—

(i)for “The Treasury” substitute “ An authorised officer ”;

(ii)for “Treasury licence” substitute “ financial sanctions licence ”;

(e)for paragraph (6) substitute—

“(6) An authorised officer may request a person to provide information within paragraph (7) if the authorised officer believes that the person may be able to provide the information.”;

(f)in paragraph (7)—

(i)for “the Treasury” substitute “ the authorised officer ”;

(ii)in sub-paragraph (b)(iii), for “Treasury licence” substitute “ financial sanctions licence ”;

(g)in paragraph (8), for “The Treasury” substitute “ The authorised officer ”;

(h)in paragraph (10), for “the Treasury”, in both places it occurs, substitute “ the authorised officer ”.

Commencement Information

I37Sch. 2 para. 45 comes into force in accordance with art. 1(1)

46.  In regulation 73 (finance: production of documents)—U.K.

(a)in paragraph (2), for “the Treasury request that documents be produced, the Treasury” substitute “ an authorised officer requests that documents be produced, the authorised officer ”;

(b)for paragraph (3), substitute—

“(3) Where an authorised officer requests a designated person or a person acting under a financial sanctions licence to produce documents, that person must—

(a)take reasonable steps to obtain the documents (if they are not already in the person's possession or control);

(b)keep the documents under the person's possession or control (except for the purpose of providing them to the authorised officer or as the authorised officer may otherwise permit).”

Commencement Information

I38Sch. 2 para. 46 comes into force in accordance with art. 1(1)

47.  In regulation 74 (finance: information offences), in paragraph (1)(d), for “the Treasury” substitute “ an authorised officer ”.U.K.

Commencement Information

I39Sch. 2 para. 47 comes into force in accordance with art. 1(1)

48.  For regulation 75 (trade: application of information powers in CEMA) substitute—U.K.

“Trade: information powers

75.—(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 such an explanation, 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 [F105Chapters 2 to 6 and Chapter 6B] of Part 5 (Trade), or

(b)which would constitute a contravention of the prohibition in regulation 55 (circumventing etc. prohibitions).”

Textual Amendments

Commencement Information

I40Sch. 2 para. 48 comes into force in accordance with art. 1(1)

49.  After regulation 75 (trade: information powers) insert—U.K.

“Trade: information offences

75A.—(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 75 (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 75, destroys, mutilates, defaces, conceals or removes any document;

(d)otherwise intentionally obstructs an authorised officer in the exercise of their powers under regulation 75.

(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.”

Commencement Information

I41Sch. 2 para. 49 comes into force in accordance with art. 1(1)

50.  In regulation 76(4) (general trade licences: records), for “Secretary of State” substitute “ Governor ”.U.K.

Commencement Information

I42Sch. 2 para. 50 comes into force in accordance with art. 1(1)

51.  In regulation 77 (general trade licences: inspection of records)—U.K.

(a)in paragraph (1), for “A person authorised by the Secretary of State or the Commissioners (an “official”)” substitute “ An authorised officer ”;

(b)in paragraphs (2) to (5), for “official”, in each place it occurs, substitute “ authorised officer ”;

(c)in paragraph (5)(a), for “official's functions” substitute “ authorised officer's functions ”.

Commencement Information

I43Sch. 2 para. 51 comes into force in accordance with art. 1(1)

52.  In regulation 78 (disclosure of information)—U.K.

[F106(a) in paragraph (1), for “Secretary of State, the Treasury, OFCOM or the Commissioners” substitute “Governor or an authorised officer”;]

(b)in paragraph (2)—

(i)after sub-paragraph (c) insert—

“(ca)taking any action with a view to instituting, or otherwise for the purposes of, any proceedings in the Territory for an offence under any provisions of these Regulations;”;

(ii)in sub-paragraph (d)—

(aa)in paragraph (i), after “Regulations” insert “ (as they have effect in the United Kingdom) ”;

(bb)in paragraph (ii), after “any prohibition in Part 5 on imports or exports” insert “ (as it has effect in the United Kingdom) ”;

[F107(cc)in paragraph (v), for “Treasury: power to impose monetary penalties” substitute “power to impose monetary penalties”;]

(iii)in sub-paragraph (e), after “any British overseas territory” insert “ other than the Territory ”;

(iv)in sub-paragraph (g), for “United Kingdom” substitute “ Territory ”;

(c)in paragraph (3)(j), for “Secretary of State, the Treasury or the Commissioners (as the case may be) consider” substitute “ Governor considers ”.

Textual Amendments

Commencement Information

I44Sch. 2 para. 52 comes into force in accordance with art. 1(1)

53.  In regulation 79 (Part 8: supplementary)—U.K.

(a)for paragraph (2) substitute—

“(2) But nothing in that regulation authorises a disclosure that would contravene the data protection legislation if that legislation were applicable to the Territory.”;

(b)in paragraph (5), for “Treasury licence” substitute “ financial sanctions licence ”;

(c)after paragraph (5) insert—

“(5A) An authorised officer must, if requested to do so, produce evidence of their authority before exercising any power conferred by this Part.”;

(d)in paragraph (6), in the definition of “privileged information”, omit “(in Scotland, to confidentiality of communications)”.

Commencement Information

I45Sch. 2 para. 53 comes into force in accordance with art. 1(1)

54.  In Part 9 (Enforcement), at the beginning insert—U.K.

“Suspected ships, aircraft or vehicles

79A.—(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 68(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—

(a)

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

(b)

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

(c)

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

Search warrants

79B.—(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 prohibited 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;

“prohibited goods” means goods which have been, or are being, dealt with in contravention of any prohibition in Chapters 2 to 5 of Part 5 (Trade);

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

Commencement Information

I46Sch. 2 para. 54 comes into force in accordance with art. 1(1)

[F10855.  For regulation 80 (penalties for offences) substitute—U.K.

“80.—(1) Paragraphs (3) to (8) 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 (9) to (14) 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) or regulation 57 (Crimean ports direction or Donetsk ports direction), 57A (prohibition on port entry), 57B(4) (directions prohibiting port entry), 57C(3) (movement of ships), 57N(1) to (4) (aircraft offences) or 67 (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), 9B(6) (confidentiality), 68 (trade: licensing offences), 68A (aircraft: licensing offences), 76(6) or 77(5) (offences in connection with general 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 57D(8A) or (8B) (detention of ships) is liable—

(a)on summary conviction, to a fine not exceeding £50,000 or its equivalent in the currency of the Territory;

(b)on conviction on indictment, to a fine.

(7) A person who commits an offence under regulation 57B(6) (directions prohibiting port entry: confidentiality), 57C(5) (movement of ships: confidentiality), 57N(5) (aircraft: confidentiality), 70(6) [F109, 70A(6)] or 74 (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.

(8) A person who commits an offence under regulation 75A (trade: information offences) is liable, on summary conviction, to a fine not exceeding £1,000 or its equivalent in the currency of the Territory.

(9) A person who commits an offence under any provision of Part 3 or regulation 57, 57A, 57B(4), 57C(3), 57N(1) to (4) or 67 is liable on conviction to imprisonment for a term not exceeding 7 years, or a fine, or both.

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

(11) A person who commits an offence under regulation 9(6), 9B(6), 68, 68A, 76(6) or 77(5) is liable on conviction to imprisonment for a term not exceeding 2 years, or a fine, or both.

(12) A person who commits an offence under regulation 57D(8A) or (8B) is liable to a fine.

(13) A person who commits an offence under regulation 57B(6), 57C(5), 57N(5), 70(6) [F109, 70A(6)] or 74 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.

(14) A person who commits an offence under regulation 75A is liable on conviction to a fine not exceeding £1,000 or its equivalent in the currency of the Territory.

(15) 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.”]

Textual Amendments

56.  In regulation 81 (liability of officers of bodies corporate etc.), omit paragraph (4).U.K.

Commencement Information

I47Sch. 2 para. 56 comes into force in accordance with art. 1(1)

57.  In regulation 82 (jurisdiction to try offences)—U.K.

(a)in paragraphs (1) and (2), for “United Kingdom”, in each place it occurs, substitute “ Territory ”;

(b)omit paragraphs (3) and (4).

Commencement Information

I48Sch. 2 para. 57 comes into force in accordance with art. 1(1)

58.  After regulation 82 (jurisdiction to try offences), insert—U.K.

“Consent to prosecutions

82A.—(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.”

Commencement Information

I49Sch. 2 para. 58 comes into force in accordance with art. 1(1)

59.  For regulation 83 (procedure for offences by unincorporated bodies) substitute—U.K.

“83.  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.”

Commencement Information

I50Sch. 2 para. 59 comes into force in accordance with art. 1(1)

60.  In regulation 84 (time limit for proceedings for summary offences), omit paragraph (4).U.K.

Commencement Information

I51Sch. 2 para. 60 comes into force in accordance with art. 1(1)

61.  Omit regulation 85 (trade enforcement: application of CEMA) (including the heading).U.K.

Commencement Information

I52Sch. 2 para. 61 comes into force in accordance with art. 1(1)

62.  Omit regulation 86 (trade offences in CEMA: modification of penalty) (including the heading).U.K.

Commencement Information

I53Sch. 2 para. 62 comes into force in accordance with art. 1(1)

63.  Omit regulation 87 (application of Chapter 1 of Part 2 of the Serious Organised Crime and Police Act 2005 M10) (including the heading).U.K.

Commencement Information

I54Sch. 2 para. 63 comes into force in accordance with art. 1(1)

Marginal Citations

M102005 c.15. Chapter 1 of Part 2 has been amended by the Terrorism Act 2006 (c.11), section 33(2) to (4); the Northern Ireland (Miscellaneous Provisions) Act 2006 (c.33), sections 26(2) and 30(2) and Schedules 3 and 5; the Bribery Act 2010 (c.23), section 17(2) and Schedule 1; the Criminal Justice and Licensing (Scotland) Act 2010 (asp.13), section 203 and Schedule 7, paragraph 77; the Crime and Courts Act 2013 (c.22), section 15 and Schedule 8, paragraphs 157 and 159; the Criminal Finances Act 2017 (c.22), section 51(1); the Sanctions and Anti-Money Laundering Act 2018, section 59(4) and Schedule 3, paragraph 4; and S.I. 2014/834.

64.  Omit regulation 88 (monetary penalties) (including the heading).U.K.

Commencement Information

I55Sch. 2 para. 64 comes into force in accordance with art. 1(1)

[F11064A.  In regulation 88C (Treasury: power to impose monetary penalties)—U.K.

(a)in the heading, for “Treasury: power to impose monetary penalties” substitute “power to impose monetary penalties”;

(b)in paragraphs (1), [F111(1A),] (3) and (10), for “The Treasury” substitute “The Governor or an authorised person”;

(c)in paragraphs (5), (8), and 10(b), for “the Treasury” substitute “the Governor or the authorised person”;

(d)in paragraph 6(a), after “£1,000,000,” insert “or its equivalent in the currency of the Territory,”;

[F112(da)in paragraph (6A)—

(i)for “the Treasury have”, in both places it occurs, substitute “the Governor has”;

(ii)in sub-paragraph (a), after “£1,000,000”, insert “or its equivalent in the currency of the Territory”;]

(e)in paragraph (7), after “£1,000,000” insert “, or its equivalent in the currency of the Territory”;

(f)omit paragraph (9);

(g)after paragraph (10), insert—

“(11) Where a monetary penalty 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.

(12) In this regulation “authorised person” means a person authorised by the Governor for the purpose of exercising, whether generally or in a particular case, the powers and duties conferred by this regulation and regulation 88D (monetary penalties: procedural rights).”

Textual Amendments

64B.  For regulation 88D (Treasury monetary penalties: procedural rights) substitute—U.K.

“Monetary penalties: procedural rights

88D.—(1) Before imposing a monetary penalty on a person under regulation 88C, the Governor or an authorised person must inform the person of the intention to do so.

(2) The Governor or an authorised person must also—

(a)explain the grounds for imposing the penalty;

(b)specify the amount of the penalty;

(c)explain that the person is entitled to make representations; and

(d)specify the period within which any such representations must be made.

(3) If (having considered any representations), the Governor or an authorised person decides to impose the penalty, the Governor or the authorised person must—

(a)inform the person of the decision; and

(b)explain that the person is entitled to appeal (on any ground) to the Supreme Court.

(4) On an appeal under paragraph 3(b), the Supreme Court may—

(a)quash the Governor’s or the authorised person’s decision to impose the penalty;

(b)uphold the decision but substitute a different amount for the amount determined by the Governor or the authorised person.

(5) In this regulation—

“authorised person” has the same meaning as it has in regulation 88C (power to impose monetary penalties);

“Supreme Court” has the same meaning as it has in regulation 9 (confidential information in certain cases).”]

Textual Amendments

65.  In regulation 89 (exercise of maritime enforcement powers)—U.K.

(a)for paragraph (1) substitute—

“(1) A maritime enforcement officer may, for a purpose mentioned in paragraph (2) or (3), exercise any of the maritime enforcement powers in relation to a relevant ship in international waters.”;

(b)omit paragraph (5);

(c)at the end, insert—

“(6) In this Part, “a relevant ship” means, in relation to the Territory, a Territory ship.”

Commencement Information

I56Sch. 2 para. 65 comes into force in accordance with art. 1(1)

66.  For regulation 90 (maritime enforcement officers)—U.K.

(a)in paragraph (1)—

(i)omit sub-paragraphs (b), (d), (e), (f) and (h);

(ii)for sub-paragraph (c) substitute—

“(c)a police officer of the Territory;”;

(iii)for sub-paragraph (g) substitute—

“(g)a customs officer of the Territory;”;

(b)omit paragraph (2).

Commencement Information

I57Sch. 2 para. 66 comes into force in accordance with art. 1(1)

67.  In regulation 91(2)(c) (power to stop, board, search etc.), for “United Kingdom” substitute “ Territory ”.U.K.

Commencement Information

I58Sch. 2 para. 67 comes into force in accordance with art. 1(1)

68.  Omit regulation 93 (restrictions on exercise of maritime enforcement powers) (including the heading).U.K.

Commencement Information

I59Sch. 2 para. 68 comes into force in accordance with art. 1(1)

69.  In regulation 95 (notices), for “United Kingdom”, in each place it occurs, substitute “ Territory ”.U.K.

Commencement Information

I60Sch. 2 para. 69 comes into force in accordance with art. 1(1)

70.  Omit regulation 96 (article 20 of the Export Control Order 2008) (including the heading).U.K.

Commencement Information

I61Sch. 2 para. 70 comes into force in accordance with art. 1(1)

71.  Omit regulation 97 (trade: overlapping offences) (including the heading).U.K.

Commencement Information

I62Sch. 2 para. 71 comes into force in accordance with art. 1(1)

[F11371A.  Omit regulation 97A.]U.K.

Textual Amendments

72.  Omit regulation 98 (revocation of relevant retained EU law) (including the heading).U.K.

Commencement Information

I63Sch. 2 para. 72 comes into force in accordance with art. 1(1)

73.  Omit regulation 99 (other revocations and amendments) (including the heading).U.K.

Commencement Information

I64Sch. 2 para. 73 comes into force in accordance with art. 1(1)

74.  In regulation 100 (transitional provision: Treasury licences)—U.K.

(a)in the heading, for “Treasury licences” substitute “ financial sanctions licences ”;

(b)for “IP completion day”, wherever it occurs, substitute “ the relevant date ”;

(c)in paragraph (1)(a), for “, or deemed to be granted, by the Treasury under the Ukraine Financial Sanctions Regulations” substitute “ by the Governor under a relevant Order ”;

(d)in paragraph (2), for “Treasury under regulation 64(1) (Treasury licences)” substitute “ Governor under regulation 64(1) (financial sanctions licences) ”;

(e)in paragraph (3), for “the Ukraine Financial Sanctions Regulations” substitute “ a relevant Order ”;

(f)in paragraph (4), before sub-paragraph (a), insert—

“(za)a relevant Order,”;

(g)in paragraph (5)(a), for “the Ukraine Financial Sanctions Regulations” substitute “ a relevant Order ”;

(h)in paragraph (6), for “(Treasury licences)” substitute “ (financial sanctions licences) ”;

(i)after paragraph (6) insert—

“(6A) In this regulation—

“relevant date” means the day on which Part 3 comes into force;

“relevant Order” means—

(a)

The Ukraine (Sanctions) (Overseas Territories) (No. 3) Order 2014 M11;

(b)

The Russia, Crimea and Sevastopol (Sanctions) (Overseas Territories) Order 2014 M12.”

Commencement Information

I65Sch. 2 para. 74 comes into force in accordance with art. 1(1)

Marginal Citations

M11S.I. 2014/1098, as amended by S.1. 2018/1076.

75.  For regulation 101 (transitional provision: trade licences) substitute—U.K.

“101.—(1) Paragraphs (2) and (3) apply to a licence which—

(a)was granted by the Governor under the 2014 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 65 (trade licences).

(3) Any reference in an existing trade sanctions licence to a prohibition in the 2014 Order is to be treated on and after the relevant date as a reference to the corresponding prohibition in Part 5 (Trade).

(4) In this regulation—

“the 2014 Order” means The Russia, Crimea and Sevastopol (Sanctions) (Overseas Territories) Order 2014;

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

Commencement Information

I66Sch. 2 para. 75 comes into force in accordance with art. 1(1)

76.  For regulation 102 (transitional provision: pending applications for trade licences) substitute—U.K.

“102.—(1) Paragraph (2) applies where—

(a)an application was made before the relevant date for a licence under the 2014 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 65 (trade licences).

(3) In this regulation—

“the 2014 Order” has the meaning it has in regulation 101 (transitional provision: trade licences);

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

Commencement Information

I67Sch. 2 para. 76 comes into force in accordance with art. 1(1)

[F11476A.  After regulation 102 (transitional provision: pending applications for trade licences) insert—U.K.

“Transitional provision: Chapter 3 trade licences

102A.—(1) Paragraph (2) applies in relation to a relevant licence which—

(a)was in effect immediately before the relevant time, and

(b)authorised an act—

(i)which would otherwise have been prohibited, immediately before the relevant time, under Chapter 3 of Part 5 (Trade), and

(ii)which would, on and after the relevant time, and in the absence of paragraphs (2) and (3), instead be prohibited under Chapter 2 of Part 5,

and such a licence is referred to in this regulation as “a Chapter 3 trade licence”.

(2) A Chapter 3 trade licence continues to have effect on and after the relevant time as if it had been issued to authorise an act which would otherwise be prohibited under Chapter 2 of Part 5.

(3) Any reference in an existing relevant licence to a provision of Chapter 3 of Part 5 is to be treated on and after the relevant time, as a reference to the corresponding provision of Chapter 2 of Part 5.

(4) For the purposes of this regulation—

“relevant licence” means a licence—

(a)

issued by the Governor under regulation 65 (trade licences), or

(b)

which has effect as if it were a licence which had been issued by the Governor under regulation 65 in accordance with regulation 101(2) (transitional provision: trade licences);

“relevant time” means the time at which the Russia (Sanctions) (EU Exit) (Amendment) (No. 3) Regulations 2022 come into force.”]

Textual Amendments

77.  In regulation 103 (transitional provision: prior obligations)—U.K.

(a)in paragraph (1)(b), for “IP completion day”, substitute “ the relevant date ”;

(b)for paragraph (3), substitute—

“(3) In this regulation—

“designated person” has the same meaning as it has in Chapter 1 of Part 3 (Finance);

“the relevant date” means the date on which Part 3 comes into force.”

Commencement Information

I68Sch. 2 para. 77 comes into force in accordance with art. 1(1)

78.  In Schedule 5 (Treasury licences: purposes)—U.K.

(a)in the heading, for “Treasury licences” substitute “ Financial sanctions licences ”;

(b)in the shoulder note, for “Regulation 64(2)” substitute “ Regulation 64(3) ”;

(c)in the definition of “frozen funds or economic resources” in paragraph 1, for “the designation of that person for the purpose of that regulation” substitute “ that person being a designated person for the purposes of Part 3 (Finance) as defined in regulation 10 (meaning of “designated person” in Part 3) ”;

(d)in paragraph 6(b)(ii) (pre-existing judicial decisions etc.), for “United Kingdom” substitute “ Territory ”.

[F115(e)in paragraph 9D(2) (diplomatic missions etc.), for “diplomatic mission or consular post of Russia in the United Kingdom” substitute “consular post of Russia in the Territory”;

[F116(ea)in paragraph 9DA (interpretation of Part 1ZA)—

(i)for the definition of “non-UK country” substitute—

““non-Territory country” means a country that is not the Territory;”;

(ii)for the definition of “non-UK credit or financial institution” substitute—

““non-Territory credit or financial institution” has the same meaning as in regulation 17A;”;

(iii)for the definition of “UK entity” substitute—

““Territory entity” means a person, other than an individual, incorporated or constituted under the law of the Territory”;

(eb)in paragraph 9DB (divestment)—

(i)in sub-paragraphs (1), (2), (3) and (4)(a), for “UK entity”, in each place it occurs, substitute “Territory entity”;

(ii)in sub-paragraph (4)(b)(ii)—

(aa)for “non-UK credit or financial institution” substitute “non-Territory credit or financial institution”;

(bb)for “non-UK country” substitute “non-Territory country”;

(iii)in sub-paragraph (4)(c), for “non-UK country” substitute “non-Territory country”;

(ec)in paragraph 9DC (enabling others to divest themselves of funds or economic resources)—

(i)in sub-paragraphs (1) and (3), for “UK entity”, in each place it occurs, substitute “Territory entity”;

(ii)in sub-paragraph (4)(b)(ii)—

(aa)for “non-UK credit or financial institution” substitute “non-Territory credit or financial institution”;

(bb)for “non-UK country” substitute “non-Territory country”;

(iii)in sub-paragraph (4)(c), for “non-UK country” substitute “non-Territory country”;]

(f)in paragraph 9H(2) (diplomatic missions etc.), for “diplomatic mission or consular post of Russia in the United Kingdom” substitute “consular post of Russia in the Territory”;

(g)in paragraph 9I (space), for “United Kingdom person” substitute “Territory person”;

(h)in paragraph 9N(2) (financial regulation), for “United Kingdom, including the Financial Conduct Authority, the Prudential Regulation Authority and the Bank of England” substitute “Territory”;

(i)in the heading of Part 1C (Sterling payments), at the end insert “etc.”;

(j)in paragraph 9S(2) (diplomatic missions etc.), for “diplomatic mission or consular post of Russia in the United Kingdom” substitute “consular post of Russia in the Territory”;

(k)in paragraph 9T (space), for “United Kingdom person” substitute “Territory person”;

[F117(ka)in paragraph 9TA (other licensing purposes), for “Treasury” substitute “Governor”;]

(l)in paragraph 9V(2) (financial regulation), for “United Kingdom, including the Financial Conduct Authority, the Prudential Regulation Authority and the Bank of England” substitute “Territory”;

(m)in paragraph 9W (financial stability), for “Bank of England, that is necessary or expedient in order to protect or enhance the stability of the financial system of United Kingdom” substitute “central monetary authority for the Territory, that is necessary or expedient in order to protect or enhance the stability of the financial system of the Territory”;

(n)in paragraph 9X (safety and soundness of a firm), for “the relevant supervising authority or authorities, that is necessary or expedient in order to promote the safety and soundness of a firm which is supervised by the Bank of England, the Prudential Regulation Authority or the Financial Conduct Authority” substitute “the authority responsible for the regulation of financial services in the Territory, that is necessary or expedient in order to promote the safety and soundness of a firm which is supervised by that authority”.]

[F118(o)in paragraph 18(2) (diplomatic missions etc.), for “diplomatic mission or consular post of Russia in the United Kingdom” substitute “consular post of Russia in the Territory”;

(p)in paragraph 19 (safety and soundness of a firm), for “the relevant supervising authority or authorities, that is necessary or expedient in order to promote the safety and soundness of a firm which is supervised by the Bank of England, the Prudential Regulation Authority or the Financial Conduct Authority” substitute “the authority responsible for the regulation of financial services in the Territory, that is necessary or expedient in order to promote the safety and soundness of a firm which is supervised by that authority;”

(q)in paragraph 20 (space), for “United Kingdom person” substitute “Territory person”];

[F119(r)in paragraph 20F (safety and soundness of a firm), for “the Bank of England, the Prudential Regulation Authority or the Financial Conduct Authority” substitute “the relevant authority of the Territory;

(s)for paragraph 20H (financial stability), substitute—

“20H.  To enable anything to be done by a person, following consultation by that person (or a person acting on their behalf) with the relevant financial authority of the Territory, that is necessary or expedient in order to protect or enhance the stability of the financial system of the Territory.”]

Textual Amendments

Commencement Information

I69Sch. 2 para. 78 comes into force in accordance with art. 1(1)

Explanatory Note

(This note is not part of the Order)

This Order extends with modifications the Russia (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/855) (“the Russia Regulations”) as amended from time to time to all British overseas territories except Bermuda and Gibraltar (which implement sanctions under their own legislative arrangements).

Section 63(3)(c) of the Sanctions and Anti-Money Laundering Act 2018 (c.13) (“the Sanctions Act”) provides that Her Majesty may by Order in Council provide for any provision of Part 1 of that Act, or any regulations under Part 1 of that Act, to extend with or without modifications to any of the British overseas territories. Section 63(4) provides that this includes the power to extend any regulations as amended from time to time.

The Russia Regulations were made under Part 1 of the Sanctions Act to establish a sanctions regime in relation to Russia for the purposes of encouraging Russia to cease actions destabilising Ukraine or undermining or threatening the territorial integrity, sovereignty or independence of Ukraine.

The Russia Regulations, as modified and extended to the British overseas territories listed in Schedule 1 by this Order (“the modified Regulations”), provide that a person designated by the Secretary of State for being, or having been, involved in certain activities, is a designated person for the purposes of the modified Regulations. Designated persons may be excluded from the territory and may be made subject to financial sanctions, including having their funds or economic resources frozen.

The modified Regulations also impose restrictions on trade in military goods and technology, on certain dual-use and energy-related items, and impose restrictions on supplying infrastructure-related goods and technology to Crimea and on importing goods from Crimea. The modified Regulations also restrict the provision of services related to the trade in those items. The modified Regulations also restrict persons from dealing with certain financial instruments, restrict the provision of finance and funds, and restrict investment in relation to Crimea.

The modified Regulations provide for certain exceptions to this sanctions regime (for example to allow for frozen accounts to be credited with interest or other earnings and to allow acts done for the purpose of national security or the prevention of serious crime). The Governor of a British overseas territory to which the modified Regulations extend may, with the consent of the Secretary of State, issue a licence in respect of activities that would otherwise be prohibited under the modified Regulations. Schedule 5 sets out the purposes for which the Governor may issue a financial sanctions licence. The modified Regulations also require the Governor of the relevant territory to publish an up-to-date list of designated persons.

The modified Regulations prescribe powers for the provision and sharing of information to enable the effective implementation and enforcement of the sanctions regime. The modified Regulations also prescribe enforcement powers in relation to suspected ships, aircraft or vehicles, or for the issue of a search warrant. The modified Regulations make it a criminal offence to contravene, or circumvent, any of the prohibitions in the modified Regulations and prescribe the penalties that apply to such offences.

The modifications set out in Schedule 2 to this Order include modifications to provisions in the Regulations which are prospectively amended by the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590) and the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 4) Regulations 2020 (S.I. 2020/951) (“the amending regulations”). Therefore, article 1(1) provides that this Order comes into force immediately after both the amending regulations have come into force in the United Kingdom. The amending regulations will be brought into force on a day appointed by the Secretary of State in regulations under section 56 of the Sanctions Act.

This Order also extends to the territories for the purposes of the modified Regulations specific provisions of Part 1 of the Sanctions Act, namely provisions relating to protection for acts done for purposes of compliance, Crown application and saving for prerogative powers.

An Impact Assessment has not been prepared for this instrument: the territorial extent of the instrument and the modified Regulations is the British overseas territories listed in Schedule 1, and no, or no significant, impact is foreseen on the private, voluntary or public sectors in the United Kingdom.