Statutory Instruments
Exiting The European Union
Sanctions
Made
25th June 2020
Laid before Parliament
29th June 2020
Coming into force in accordance with regulation 1(2)
The Secretary of State M1, in exercise of the powers conferred by sections 1(1)(a), (c) and (3), 3(1)(a), (b)(i) and (ii), (d)(i) and (ii), 4, 5, 9(2), 10(2) to (4), 11, 13, 15(2)(a) and (b), (3), (4)(b), (5) and (6), 16, 17, 19, 20, 21(1), 54(1) and (2), 56(1) and 62(4) to (6) of, and paragraphs, 2(a)(i) and (b), 3(a) and (b), 4(a)(i) and (b) to (d), 5(a)(i), (ii) and (b), 6(a)(i), (ii) and (b), 7(b), 10(a)(i) and (b), 11(a)(i) and (ii), 13(a) to (c), (g), (h), (i), (k), (l), (m), (n), (q) and (w), 14(a), (f) and (k), and 17(a), 20, 21, 23 and 27 of Schedule 1 to, the Sanctions and Anti-Money Laundering Act 2018 M2, and having decided, upon consideration of the matters set out in section 2(2) and 56(1) of that Act, that it is appropriate to do so, makes the following Regulations:
Modifications etc. (not altering text)
C1Regulations extended (British overseas territories) (with modifications) (31.12.2020 immediately after S.I. 2020/950 has come into force) by The Somalia (Sanctions) (Overseas Territories) Order 2020 (S.I. 2020/1285), art. 2, Sch. 1, Sch. 2; S.I. 2020/1514, reg. 17
Marginal Citations
M1The power to make regulations under Part 1 of the Sanctions and Anti-Money Laundering Act 2018 (c.13) is conferred on an “appropriate Minister”. Section 1(9)(a) of that Act defines an “appropriate Minister” as including the Secretary of State.
1.—(1) These Regulations may be cited as the Somalia (Sanctions) (EU Exit) Regulations 2020.
(2) These Regulations come into force in accordance with regulations made by the Secretary of State under section 56 of the Act.
Commencement Information
I1Reg. 1 in force at 14.12.2020 by S.I. 2020/1514, reg. 12(1)
2. In these Regulations—
“the Act” means the Sanctions and Anti-Money Laundering Act 2018;
“arrangement” includes any agreement, understanding, scheme, transaction or series of transactions, whether or not legally enforceable (but see Schedule 1 for the meaning of that term in that Schedule);
“CEMA” means the Customs and Excise Management Act 1979 M3;
“the Commissioners” means the Commissioners for Her Majesty's Revenue and Customs;
“the Committee” means the Committee of the United Nations Security Council established in accordance with paragraph 11 of resolution 751 M4;
“conduct” includes acts and omissions;
“document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include producing a copy of the information in legible form;
“the Dual-Use Regulation” means Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items;
“the EU Somalia Regulation 1” means Council Regulation (EU) No 147/2003 of 27 January 2003 concerning certain restrictive measures in respect of Somalia M5 as it has effect in EU law;
“the EU Somalia Regulation 2” means Council Regulation (EU) No 356/2010 of 26 April 2010 imposing certain specific restrictive measures directed against certain natural or legal persons, entities or bodies, in view of the situation in Somalia M6 as it has effect in EU law;
“humanitarian assistance activity” includes the work of international and non-governmental organisations carrying out relief activities in Somalia for the benefit of the civilian population there;
“resolution 733” means resolution 733 (1992) adopted by the Security Council on 23 January 1992;
“resolution 751” means resolution 751 (1992) adopted by the Security Council on 24 April 1992;
“resolution 1425” means resolution 1425 (2002) adopted by the Security Council on 22 July 2002;
“resolution 1844” means resolution 1844 (2008) adopted by the Security Council on 20 November 2008;
“resolution 2002” means resolution 2002 (2011) adopted by the Security Council on 29 July 2011;
“resolution 2036” means resolution 2036 (2012) adopted by the Security Council on 22 February 2012;
“resolution 2060” means resolution 2060 (2012) adopted by the Security Council on 25 July 2012;
“resolution 2093” means resolution 2093 (2013) adopted by the Security Council on 6 March 2013;
“resolution 2102” means resolution 2102 (2013) adopted by the Security Council on 2 May 2013;
“resolution 2444” means resolution 2444 (2018) adopted by the Security Council on 14 November 2018;
“resolution 2498” means resolution 2498 (2019) adopted by the Security Council on 15 November 2019;
[F1“resolution 2551” means resolution 2551 (2020) adopted by the Security Council on 12 November 2020;]
“trade licence” means a licence under regulation 48;
“Treasury licence” means a licence under regulation 47;
“United Kingdom person” has the same meaning as in section 21 of the Act.
Textual Amendments
F1Words in reg. 2 inserted (2.8.2021) by The Somalia (Sanctions) (EU Exit) (Amendment) Regulations 2021 (S.I. 2021/823), regs. 1(2), 2(2)
Commencement Information
I2Reg. 2 in force at 14.12.2020 by S.I. 2020/1514, reg. 12(1)
Marginal Citations
M31979 c.2. Amendments have been made to this Act and are cited, where relevant, in respect of the applicable regulations.
M4Established by paragraph 11 of resolution 751 and renamed the “Committee pursuant to resolution 751 (1992) concerning Somalia” by paragraph 9 of resolution 2444 adopted by the Security Council on 14 November 2018.
M5OJ No. L 024, 29.1.2003, p2; amended by Council Regulation (EU) 2020/169 (OJ No. L36, 7.2.2020, p1) which inserted a new Article 3c to prohibit certain activities in connection with improvised explosive devices components.
M6OJ No. L 105, 27.4.2010, p. 1.
3.—(1) A United Kingdom person may contravene a relevant prohibition by conduct wholly or partly outside the United Kingdom.
(2) Any person may contravene a relevant prohibition by conduct in the territorial sea.
(3) In this regulation a “relevant prohibition” means any prohibition imposed by—
(a)regulation 9(2) (confidential information),
(b)Part 3 (Finance),
(c)Part 5 (Trade), or
(d)a condition of a Treasury licence or a trade licence.
(4) A United Kingdom person may comply, or fail to comply, with a relevant requirement by conduct wholly or partly outside the United Kingdom.
(5) Any person may comply, or fail to comply, with a relevant requirement by conduct in the territorial sea.
(6) In this regulation a “relevant requirement” means any requirement imposed—
(a)by or under Part 7 (Information and records), or by reason of a request made under a power conferred by that Part, or
(b)by a condition of a Treasury licence or a trade licence.
(7) Nothing in this regulation is to be taken to prevent a relevant prohibition or a relevant requirement from applying to conduct (by any person) in the United Kingdom.
Commencement Information
I3Reg. 3 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
4.—(1) The regulations contained in this instrument that are made under section 1 of the Act have the following purposes—
(a)compliance with the relevant UN obligations, and
(b)the additional purposes mentioned in paragraph (2).
(2) Those additional purposes are—
(a)promoting the peace, stability and security of Somalia;
(b)supporting the Federal Government of Somalia to promote peace, stability, security and the rule of law, including, in particular, supporting its efforts to reconstruct the country, to counter the threats posed by terrorism and from illegal armed groups, and to tackle the flow of illegal arms;
(c)promoting the effective delivery of the mandates of the regional and international monitoring, peace-support and protection and training missions and mechanisms in Somalia including—
(i)the African Union Mission in Somalia M7 and the Civilian Casualty Tracking, Analysis and Response Cell M8,
(ii)the United Nations Assistance Mission in Somalia M9,
(iii)the United Nations Support Office in Somalia M10,
(iv)the European Union Training Mission in Somalia M11, and
(v)the Panel of Experts on Somalia M12;
(d)promoting respect for humanitarian assistance activities in Somalia;
(e)promoting compliance with the rules of international humanitarian law applicable to the armed conflicts in Somalia;
(f)promoting respect for human rights in Somalia, including, in particular, respect for—
(i)the right to life of persons in Somalia;
(ii)the right of persons in Somalia not to be held in slavery or required to perform forced or compulsory labour;
(iii)the right of persons not to be subjected to cruel, inhuman or degrading treatment or punishment in Somalia;
(iv)the right to liberty and security of persons in Somalia, including freedom from arbitrary arrest, unlawful detention or enforced disappearance;
(v)the right to a fair trial of persons charged with criminal offences in Somalia;
(vi)the right of journalists, human rights defenders, civil society activists and other persons in Somalia to freedom of expression and peaceful assembly;
(vii)the enjoyment of rights and freedoms in Somalia without discrimination, including on the basis of a person's sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status,
otherwise than by compliance with the relevant UN obligations.
(3) In this regulation, “the relevant UN obligations” means the obligations that the United Kingdom has by virtue of—
(a)paragraph 5 of resolution 733 (arms embargo);
(b)paragraph 3 of resolution 1844 (asset-freeze etc.) to take the measures required by that provision in respect of persons for the time being named for the purposes of that provision by the Security Council or the Committee;
(c)the obligations that the United Kingdom has by virtue of paragraph 3 of resolution 1844 (asset-freeze etc.) in respect of persons—
(i)acting on behalf of or at the direction of, or
(ii)owned or controlled by,
the persons for the time being named by the Security Council or the Committee for the purposes of paragraph 3 of resolution 1844;
(d)paragraph 7 of resolution 1844 (targeted arms embargo) to take the measures required by that provision in respect of persons for the time being named for the purposes of that provision by the Security Council or the Committee;
(e)paragraph 22 of resolution 2036 (charcoal ban); and
(f)paragraph 26 of resolution 2498 [F2and paragraph 26 of resolution 2551] (IED components ban).
(4) In paragraph (3)(a), the reference to paragraph 5 of resolution 733 is to that provision as read with—
(a)paragraphs 1 and 2 of resolution 1425, and
(b)paragraph 6 of resolution 2498.
(5) In paragraphs (3)(b) to (d), any reference to persons named by the Security Council or Committee for the purposes of a provision mentioned therein includes persons so named by virtue of—
(a)paragraph 8 of resolution 1844;
(b)paragraphs 1, 2 and 3 of resolution 2002;
(c)paragraph 23 of resolution 2036;
(d)paragraph 1, 2 and 3 of resolution 2060;
(e)paragraph 43 of resolution 2093; and
(f)paragraph 50 of resolution 2444.
Textual Amendments
F2Words in reg. 4(3)(f) inserted (2.8.2021) by The Somalia (Sanctions) (EU Exit) (Amendment) Regulations 2021 (S.I. 2021/823), regs. 1(2), 2(3)
Commencement Information
I4Reg. 4 in force at 14.12.2020 by S.I. 2020/1514, reg. 12(1)
Marginal Citations
M7Establishment of the African Union Mission in Somalia (AMISOM) was authorised by paragraph 3 of resolution 1725 adopted by the Security Council on 6 December 2006 and its mandate was set out in paragraph 9 of resolution 1772 adopted by the Security Council on 20 August 2007. Its mandate was most recently renewed by paragraph 7 of resolution 2472 adopted by the Security Council on 31 May 2019.
M8The Civilian Casualty Tracking, Analysis and Response Cell (CCTARC) was established by AMISOM pursuant to a commitment referenced in paragraph 17 of resolution 2036 adopted by the Security Council on 22 February 2012.
M9The United Nations Assistance Mission in Somalia (UNSOM) was established by paragraph 1 of resolution 2102 adopted by the Security Council on 2 May 2013 and its mandate was updated in subsequent resolutions. Its current mandate was extended to 30 June 2020 by paragraph 1 of resolution 2516 adopted by the Security Council on 30 March 2020.
M10The United Nations Support Office in Somalia (UNSOS) was established by paragraph 1 of resolution 2245 adopted by the Security Council on 9 November 2015 and the scope of the support provided by UNSOS was most recently amended in resolution 2472 adopted by the Security Council on 31 May 2019.
M11The European Union Training Mission in Somalia (EUTM Somalia) was established by Council Decision 2010/96/CFSP of 15 February 2010 on a European Union military mission to contribute to the training of Somalia security forces. The mandate of the mission was extended until 31 December 2020 by Article 1 of Council Decision (CFSP) 2018/1787.
M12The Panel of Experts on Somalia was established by paragraph 11 of resolution 2444 adopted by the Security Council on 14 November 2018. Its mandate was extended to 15 December 2020 by paragraph 29 of resolution 2498 adopted by the Security Council on 15 November 2019.
5.—(1) The Secretary of State may designate persons M13 by name for the purposes of any of the following—
(a)regulations 12 to 16 (asset freeze etc.);
(b)regulation 18 (immigration);
(c)regulations 28 to 34 (targeted arms embargo) and regulation 35 (enabling or facilitating the conduct of armed hostilities: designated persons).
(2) The Secretary of State may designate different persons for the purposes of different provisions mentioned in paragraph (1).
Commencement Information
I5Reg. 5 in force at 14.12.2020 by S.I. 2020/1514, reg. 12(1)
Marginal Citations
M13“Person” is defined by section 9(5) of the Sanctions and Anti-Money Laundering Act 2018 to include (in addition to an individual and a body of persons corporate or unincorporate) any organisation and any association or combination of persons.
6.—(1) The Secretary of State may not designate a person under regulation 5 (power to designate persons) unless the Secretary of State—
(a)has reasonable grounds to suspect that that person is an involved person, and
(b)considers that the designation of that person is appropriate, having regard to—
(i)the purposes stated in regulation 4 (purposes), and
(ii)the likely significant effects of the designation on that person (as they appear to the Secretary of State to be on the basis of the information that the Secretary of State has).
(2) In this regulation, an “involved person” means a person who—
(a)is or has been involved in a relevant activity,
(b)is owned or controlled directly or indirectly (within the meaning of regulation 7) by a person who is or has been so involved,
(c)is acting on behalf of or at the direction of a person who is or has been so involved, or
(d)is a member of, or associated with, a person who is or has been so involved.
(3) In this regulation a “relevant activity” means—
(a)the commission of a serious human rights violation or abuse, or violation of international humanitarian law in Somalia, including in particular, in relation to—
(i)deliberate targeting of civilians, schools and hospitals;
(ii)rape and other forms of sexual and gender-based violence;
(iii)recruitment or use of children in armed conflicts;
(iv)abduction or enforced disappearances;
(v)the forced displacement of civilians;
(vi)any of the rights referred to in regulation 4(2)(f);
(b)obstruction of the delivery or distribution of, or access to, humanitarian assistance in Somalia;
(c)an attack against, or obstruction of, diplomatic personnel in Somalia, or the regional or international monitoring, peace-support or protection and training missions and mechanisms mentioned in F3... regulation 4(2)(c);
(d)the misappropriation of Somali state funds, or taking action that may lead to such misappropriation;
(e)the resale, supply or delivery, transfer or making available of Somali military goods or technology to, or for use by, any person who is not a relevant entity;
(f)the illicit export of charcoal from Somalia or the direct or indirect import of charcoal from Somalia;
(g)any other acts that threaten the peace, security or stability of Somalia, including, in particular, acts that threaten the peace and reconciliation process in Somalia, or obstruct, undermine or threaten the Federal Government of Somalia and the political process in Somalia.
(4) Any reference in this regulation to being involved in a relevant activity includes being so involved in whatever way, and wherever, any actions constituting the involvement take place, and in particular includes—
(a)being responsible for, engaging in, providing support for, or promoting, any such activity;
(b)providing financial services, or making available funds or economic resources, that could contribute to any such activity;
(c)being involved in the unauthorised supply of military goods or military technology to Somalia, or in providing financial services or other assistance relating to such supply;
(d)being involved in any trade in goods which could contribute to acts which threaten the peace, security or stability of Somalia, including, in particular, trade via ports controlled by Al-Shabaab which benefits a designated person;
(e)assisting the contravention or circumvention of any relevant provision.
(5) In this regulation—
(a)“relevant provision” means—
(i)any provision of Part 3 (Finance) or Part 5 (Trade);
(ii)any provision of the law of a country other than the United Kingdom made for purposes corresponding to a purpose of any provision of Part 3 or Part 5;
(iii)any provision of the resolutions mentioned in regulation 4(3);
(b)“relevant entity” in relation to Somali military goods or technology, means—
(i)the intended original recipient of Somali military goods or technology,
(ii)any regional or international monitoring, peace-support or protection and training missions and mechanisms in Somalia including those mentioned in regulation 4(2)(c), or
(iii)any person employed by, or otherwise acting under the direction or control of any of the entities mentioned in (i) or (ii);
(c)“Somali military goods or technology” means military goods or military technology exported, supplied or delivered, transferred or made available, to or for the benefit of—
(i)the Somali National Security Forces, or
(ii)a Federal or other state security institution in Somalia providing security for the people of Somalia.
(6) Nothing in any sub-paragraph of paragraphs (3) or (4) is to be taken to limit the meaning of any of the other sub-paragraphs of those paragraphs.
(7) In this regulation, “military goods” and “military technology” have the meanings given by Part 5.
Textual Amendments
F3Words in reg. 6(3)(c) omitted (9.8.2022) by virtue of The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/819), regs. 1(2), 11(2)
Commencement Information
I6Reg. 6 in force at 14.12.2020 by S.I. 2020/1514, reg. 12(1)
7.—(1) A person who is not an individual (“C”) is “owned or controlled directly or indirectly” by another person (“P”) if either of the following two conditions is met (or both are met).
(2) The first condition is that P—
(a)holds directly or indirectly more than 50% of the shares in C,
(b)holds directly or indirectly more than 50% of the voting rights in C, or
(c)holds the right directly or indirectly to appoint or remove a majority of the board of directors of C.
(3) Schedule 1 contains provision applying for the purpose of interpreting paragraph (2).
(4) The second condition is that it is reasonable, having regard to all the circumstances, to expect that P would (if P chose to) be able, in most cases or in significant respects, by whatever means and whether directly or indirectly, to achieve the result that affairs of C are conducted in accordance with P's wishes.
Commencement Information
I7Reg. 7 in force at 14.12.2020 by S.I. 2020/1514, reg. 12(1)
8.—(1) Paragraph (2) applies where the Secretary of State—
(a)has made a designation under regulation 5, or
(b)has by virtue of section 22 of the Act varied or revoked a designation made under that regulation.
(2) The Secretary of State—
(a)must without delay take such steps as are reasonably practicable to inform the designated person of the designation, variation or revocation, and
(b)must take steps to publicise the designation, variation or revocation.
(3) The information given under paragraph (2)(a) where a designation is made must include a statement of reasons.
(4) In this regulation, a “statement of reasons”, in relation to a designation, means a brief statement of the matters that the Secretary of State knows, or has reasonable grounds to suspect, in relation to the designated person which have led the Secretary of State to make the designation.
(5) Matters that would otherwise be required by paragraph (4) to be included in a statement of reasons may be excluded from it where the Secretary of State considers that they should be excluded—
(a)in the interests of national security or international relations,
(b)for reasons connected with the prevention or detection of serious crime in the United Kingdom or elsewhere, or
(c)in the interests of justice.
(6) The steps taken under paragraph (2)(b) must—
(a)unless one or more of the restricted publicity conditions is met, be steps to publicise generally—
(i)the designation, variation or revocation, and
(ii)in the case of a designation, the statement of reasons;
(b)if one or more of those conditions is met, be steps to inform only such persons as the Secretary of State considers appropriate of the designation, variation or revocation and (in the case of a designation) of the contents of the statement of reasons.
(7) The “restricted publicity conditions” are as follows—
(a)the designation is of a person believed by the Secretary of State to be an individual under the age of 18;
(b)the Secretary of State considers that disclosure of the designation, variation or revocation should be restricted—
(i)in the interests of national security or international relations,
(ii)for reasons connected with the prevention or detection of serious crime in the United Kingdom or elsewhere, or
(iii)in the interests of justice.
(8) Paragraph (9) applies if—
(a)when a designation is made one or more of the restricted publicity conditions is met, but
(b)at any time when the designation has effect, it becomes the case that none of the restricted publicity conditions is met.
(9) The Secretary of State must—
(a)take such steps as are reasonably practicable to inform the designated person that none of the restricted publicity conditions is now met, and
(b)take steps to publicise generally the designation and the statement of reasons relating to it.
Commencement Information
I8Reg. 8 in force at 14.12.2020 by S.I. 2020/1514, reg. 12(1)
9.—(1) Where the Secretary of State in accordance with regulation 8(7)(b) informs only certain persons of a designation, variation or revocation and (in the case of a designation) of the contents of the statement of reasons, the Secretary of State may specify that any of that information is to be treated as confidential.
(2) A person (“P”) who—
(a)is provided with information that is to be treated as confidential in accordance with paragraph (1), or
(b)obtains such information,
must not, subject to paragraph (3), disclose it if P knows, or has reasonable cause to suspect, that the information is to be treated as confidential.
(3) The prohibition in paragraph (2) does not apply to any disclosure made by P with lawful authority.
(4) For this purpose information is disclosed with lawful authority only if and to the extent that—
(a)the disclosure is by, or is authorised by, the Secretary of State,
(b)the disclosure is by or with the consent of the person who is or was the subject of the designation,
(c)the disclosure is necessary to give effect to a requirement imposed under or by virtue of these Regulations or any other enactment, or
(d)the disclosure is required, under rules of court, tribunal rules or a court or tribunal order, for the purposes of legal proceedings of any description.
(5) This regulation does not prevent the disclosure of information that is already, or has previously been, available to the public from other sources.
(6) A person who contravenes the prohibition in paragraph (2) commits an offence.
(7) The High Court (in Scotland, the Court of Session) may, on the application of—
(a)the person who is the subject of the information, or
(b)the Secretary of State,
grant an injunction (in Scotland, an interdict) to prevent a breach of the prohibition in paragraph (2).
(8) In paragraph (4)(c), “enactment” has the meaning given by section 54(6) of the Act.
Commencement Information
I9Reg. 9 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
10.—(1) Each person for the time being named by the Security Council or the Committee for the purposes of paragraph 3 of resolution 1844 is a designated person for the purposes of regulations 12 to 16 (asset-freeze etc.) (whose purposes include compliance with the UN obligations mentioned in regulation 4(3)(b) M14).
(2) Each person for the time being named by the Security Council or the Committee for the purposes of paragraph 7 of resolution 1844 is a designated person for the purposes of regulations 28 to 34 (targeted arms embargo) and regulation 35 (enabling or facilitating the conduct of armed hostilities: designated persons) (whose purposes include compliance with the UN obligations mentioned in regulation 4(3)(d)).
(3) Nothing in this regulation affects the power under regulation 5 to designate persons (in addition to those designated by this regulation) for the purpose of those regulations mentioned in paragraphs (1) and (2).
Commencement Information
I10Reg. 10 in force at 14.12.2020 by S.I. 2020/1514, reg. 12(1)
Marginal Citations
M14Section 13 of the Sanctions and Anti-Money Laundering Act 2018 requires that where the purposes of a provision of regulations under section 1 include compliance with a UN obligation to take particular measures in relation to UN-named persons (which is the case with the regulations mentioned in regulation 10), the regulations must provide for those persons to be designated persons for the purposes of that provision.
11. In this Part a “designated person” means—
(a)a person who is designated under regulation 5 (power to designate persons) for the purposes of regulations 12 to 16 (asset-freeze etc.), or
(b)a person who is a designated person for the purposes of those regulations by reason of regulation 10(1) (designation of persons named by or under UN Security Council Resolutions).
Commencement Information
I11Reg. 11 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
12.—(1) A person (“P”) must not deal with funds or economic resources owned, held or controlled by a designated person if P knows, or has reasonable cause to suspect, that P is dealing with such funds or economic resources.
(2) Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3) A person who contravenes the prohibition in paragraph (1) commits an offence.
(4) For the purposes of paragraph (1), a person “deals with” funds if the person—
(a)uses, alters, moves, transfers or allows access to the funds,
(b)deals with the funds in any other way that would result in any change in volume, amount, location, ownership, possession, character or destination, or
(c)makes any other change, including portfolio management, that would enable use of the funds.
(5) For the purposes of paragraph (1), a person “deals with” economic resources if the person—
(a)exchanges the economic resources for funds, goods or services, or
(b)uses the economic resources in exchange for funds, goods or services (whether by pledging them as security or otherwise).
(6) The reference in paragraph (1) to funds or economic resources that are “owned, held or controlled” by a person includes, in particular, a reference to—
(a)funds or economic resources in which the person has any legal or equitable interest, regardless of whether the interest is held jointly with any other person and regardless of whether any other person holds an interest in the funds or economic resources;
(b)any tangible property (other than real property), or bearer security, that is comprised in funds or economic resources and is in the possession of the person.
(7) For the purposes of paragraph (1), funds or economic resources are to be treated as owned, held or controlled by a designated person if they are owned, held or controlled by a person who is owned or controlled directly or indirectly (within the meaning of regulation 7) by the designated person.
(8) For the avoidance of doubt, the reference in paragraph (1) to a designated person includes P if P is a designated person.
Commencement Information
I12Reg. 12 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
13.—(1) A person (“P”) must not make funds available directly or indirectly to a designated person if P knows, or has reasonable cause to suspect, that P is making the funds so available.
(2) Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3) A person who contravenes the prohibition in paragraph (1) commits an offence.
(4) The reference in paragraph (1) to making funds available indirectly to a designated person includes, in particular, a reference to making them available to a person who is owned or controlled directly or indirectly (within the meaning of regulation 7) by the designated person.
Commencement Information
I13Reg. 13 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
14.—(1) A person (“P”) must not make funds available to any person for the benefit of a designated person if P knows, or has reasonable cause to suspect, that P is making the funds so available.
(2) Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3) A person who contravenes the prohibition in paragraph (1) commits an offence.
(4) For the purposes of this regulation—
(a)funds are made available for the benefit of a designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit, and
(b)“financial benefit” includes the discharge (or partial discharge) of a financial obligation for which the designated person is wholly or partly responsible.
Commencement Information
I14Reg. 14 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
15.—(1) A person (“P”) must not make economic resources available directly or indirectly to a designated person if P knows, or has reasonable cause to suspect—
(a)that P is making the economic resources so available, and
(b)that the designated person would be likely to exchange the economic resources for, or use them in exchange for, funds, goods or services.
(2) Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3) A person who contravenes the prohibition in paragraph (1) commits an offence.
(4) The reference in paragraph (1) to making economic resources available indirectly to a designated person includes, in particular, a reference to making them available to a person who is owned or controlled directly or indirectly (within the meaning of regulation 7) by the designated person.
Commencement Information
I15Reg. 15 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
16.—(1) A person (“P”) must not make economic resources available to any person for the benefit of a designated person if P knows, or has reasonable cause to suspect, that P is making the economic resources so available.
(2) Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3) A person who contravenes the prohibition in paragraph (1) commits an offence.
(4) For the purposes of paragraph (1)—
(a)economic resources are made available for the benefit of a designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit, and
(b)“financial benefit” includes the discharge (or partial discharge) of a financial obligation for which the designated person is wholly or partly responsible.
Commencement Information
I16Reg. 16 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
17.—(1) A person must not intentionally participate in activities knowing that the object or effect of them is, whether directly or indirectly—
(a)to circumvent any of the prohibitions in regulations 12 to 16 (asset-freeze etc.), or
(b)to enable or facilitate the contravention of any such prohibition.
(2) A person who contravenes the prohibition in paragraph (1) commits an offence.
Commencement Information
I17Reg. 17 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
18. A person who is designated under regulation 5 for the purposes of this regulation is an excluded person for the purposes of section 8B of the Immigration Act 1971 M15.
Commencement Information
I18Reg. 18 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
Marginal Citations
M151971 c. 77. Section 8B was inserted by the Immigration and Asylum Act 1999 (c.33), section 8 and amended by the Immigration Act 2016 (c.19), section 76; and the Sanctions and Anti-Money Laundering Act 2018, section 59 and Schedule 3, Part 1.
19.—(1) In this Part—
“charcoal” has the meaning given to it in Part 2 of Schedule 2;
“IED component goods” means—
any thing described as an IED component in Part 3 of Schedule 2 other than—
any thing which is IED component technology, or
any thing for the time being specified in Schedule 2 to the Export Control Order 2008 M16, and
any tangible storage medium on which IED component technology is recorded or from which it can be derived;
“IED component technology” means any thing described in Part 3 of Schedule 2 as software or technology;
“military goods” means—
any thing for the time being specified in Schedule 2 to the Export Control Order 2008, other than any thing which is military technology, and
any tangible storage medium on which military technology is recorded or from which it can be derived;
“military technology” means any thing for the time being specified in Schedule 2 to the Export Control Order 2008 which is described as software or technology;
Commencement Information
I19Reg. 19 in force at 14.12.2020 by S.I. 2020/1514, reg. 12(1)
Marginal Citations
M16S.I. 2008/3231. Schedule 2 was substituted by S.I. 2017/85 and subsequently amended by S.I. 2017/697; S.I. 2018/165; S.I. 2018/939; S.I. 2019/137; and S.I. 2019/989. There are other instruments which amend other parts of the Order, which are not relevant to these Regulations.
20.—(1) Paragraphs 32 and 36 of Schedule 1 to the Act (trade sanctions) apply for the purpose of interpreting expressions in this Part.
(2) In this Part any reference to the United Kingdom includes a reference to the territorial sea.
(3) In this Part—
“brokering service” means any service to secure, or otherwise in relation to, an arrangement, including (but not limited to)—
the selection or introduction of persons as parties or potential parties to the arrangement,
the negotiation of the arrangement,
the facilitation of anything that enables the arrangement to be entered into, and
the provision of any assistance that in any way promotes or facilitates the arrangement;
“designated person” means a person—
who is designated under regulation 5(1)(c) for the purposes of regulations 28 to 35, or
who is a designated person by reason of regulation 10(2);
except in regulations 35 and 36, “technical assistance”, in relation to goods or technology, means—
technical support relating to the repair, development, production, assembly, testing, use or maintenance of the goods or technology, or
any other technical service relating to the goods or technology;
“transfer” has the meaning given by paragraph 37 of Schedule 1 to the Act.
(4) For the purposes of this Part, a person is to be regarded as “connected with” Somalia if the person is—
(a)an individual who is, or an association or combination of individuals who are, ordinarily resident in Somalia,
(b)an individual who is, or an association or combination of individuals who are, located in Somalia,
(c)a person, other than an individual, which is incorporated or constituted under the law of Somalia, or
(d)a person other than an individual, which is domiciled in Somalia.
Commencement Information
I20Reg. 20 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
21.—(1) The export of military goods or IED component goods to, or for use in, Somalia is prohibited.
(2) Paragraph (1) is subject to Part 6 (Exceptions and licences).
Commencement Information
I21Reg. 21 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
22.—(1) A person must not directly or indirectly supply or deliver military goods or IED component goods from a third country to a place in Somalia.
(2) Paragraph (1) is subject to Part 6 (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 that offence to show that the person did not know and had no reasonable cause to suspect that the goods were destined (or ultimately destined) for Somalia.
(4) In this regulation, “third country” means a country that is not the United Kingdom, the Isle of Man or Somalia.
Commencement Information
I22Reg. 22 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
23.—(1) A person must not—
(a)directly or indirectly make military goods, IED component goods, military technology or IED component technology available to a person connected with Somalia;
(b)directly or indirectly make military goods, IED component goods, military technology or IED component technology available for use in Somalia.
(2) Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but—
(a)it is a defence for a person charged with the offence of contravening paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Somalia;
(b)it is a defence for a person charged with the offence of contravening paragraph (1)(b) to show that the person did not know and had no reasonable cause to suspect that the goods or technology were for use in Somalia.
Commencement Information
I23Reg. 23 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
24.—(1) A person must not—
(a)transfer military technology or IED component technology to a place in Somalia;
(b)transfer military technology or IED component technology to a person connected with Somalia.
(2) Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but—
(a)it is a defence for a person charged with the offence of contravening paragraph (1)(a) to show that the person did not know and had no reasonable cause to suspect that the transfer was to a place in Somalia.
(b)it is a defence for a person charged with the offence of contravening paragraph (1)(b) (“P”) to show that [F4P] did not know and had no reasonable cause to suspect that the person was connected with Somalia.
Textual Amendments
F4Word in reg. 24(3)(b) substituted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No.3) Regulations 2020 (S.I. 2020/950), regs. 1(2), 12(2); S.I. 2020/1514, reg. 17
Commencement Information
I24Reg. 24 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
25.—(1) A person must not directly or indirectly provide technical assistance relating to military goods or military technology—
(a)to a person connected with Somalia, or
(b)for use in Somalia.
(2) Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but—
(a)it is a defence for a person charged with the offence of contravening paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Somalia.
(b)it is a defence for a person charged with the offence of contravening paragraph 1(b) to show that the person did not know and had no reasonable cause to suspect that the goods or technology were for use in Somalia.
Commencement Information
I25Reg. 25 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
26.—(1) A person must not directly or indirectly provide to a person connected with Somalia financial services in pursuance of or in connection with, an arrangement whose object or effect is—
(a)the export of military goods,
(b)the direct or indirect supply or delivery of military goods,
(c)directly or indirectly making military goods or military technology available to a person,
(d)the transfer of military technology, or
(e)the direct or indirect provision of technical assistance relating to military goods or military technology.
(2) A person must not directly or indirectly make funds available to a person connected with Somalia in pursuance of or in connection with an arrangement mentioned in paragraph (1).
(3) A person must not directly or indirectly provide financial services or funds in pursuance of or in connection with an arrangement whose object or effect is—
(a)the export of military goods to, or for use in, Somalia,
(b)the direct or indirect supply or delivery of military goods to a place in Somalia,
(c)directly or indirectly making military goods or military technology available—
(i)to a person connected with Somalia, or
(ii)for use in Somalia,
(d)the transfer of military technology—
(i)to a person connected with Somalia, or
(ii)to a place in Somalia, or
(e)the direct or indirect provision of technical assistance relating to military goods or military technology—
(i)to a person connected with Somalia, or
(ii)for use in Somalia.
(4) Paragraphs (1) to (3) are subject to Part 6 (Exceptions and licences).
(5) A person who contravenes a prohibition in any of paragraphs (1) to (3) commits an offence, but—
(a)it is a defence for a person charged with an offence of contravening paragraph (1) or (2) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Somalia;
(b)it is a defence for a person charged with an offence of contravening a prohibition in paragraph (3) to show that the person did not know and had no reasonable cause to suspect that the financial services or funds (as the case may be) were provided in pursuance of or in connection with an arrangement mentioned in that paragraph.
Commencement Information
I26Reg. 26 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
27.—(1) A person must not directly or indirectly provide brokering services in relation to an arrangement (“arrangement A”) whose object or effect is—
(a)the direct or indirect supply or delivery of military goods from a third country to a place in Somalia,
(b)directly or indirectly making military goods available in a third country for direct or indirect supply or delivery—
(i)to a person connected with Somalia, or
(ii)to a place in Somalia,
(c)directly or indirectly making military technology available in a third country for transfer—
(i)to a person connected with Somalia, or
(ii)to a place in Somalia,
(d)the transfer of military technology from a place in a third country—
(i)to a person connected with Somalia,
(ii)to a place in Somalia,
(e)the direct or indirect provision, in a non-UK country, of technical assistance relating to military goods or military technology—
(i)to a person connected with Somalia,
(ii)to a place in Somalia,
(f)the direct or indirect provision, in a non-UK country, of financial services—
(i)to a person connected with Somalia, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 26(1), or
(ii)where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 26(3),
(g)directly or indirectly making funds available, in a non-UK country, to a person connected with Somalia, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 26(1), or
(h)the direct or indirect provision of funds from a non-UK country, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 26(3).
(2) Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with that offence to show that the person did not know and had no reasonable cause to suspect that the brokering services were provided in relation to an arrangement mentioned in that paragraph.
(4) In this regulation—
“non-UK country” means a country that is not the United Kingdom;
“third country” means—
for the purposes of paragraph (1)(a) and (b), a country that is not the United Kingdom, the Isle of Man or Somalia, and
for the purposes of any other provision of paragraph (1), a country that is not the United Kingdom or Somalia.
Commencement Information
I27Reg. 27 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
28.—(1) The export of military goods to a designated person is prohibited.
(2) Paragraph (1) is subject to Part 6 (Exceptions and licences).
Commencement Information
I28Reg. 28 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
29.—(1) A person must not directly or indirectly supply or deliver military goods from a third country to a designated person.
(2) Paragraph (1) is subject to Part 6 (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 that offence (“P”) to show that P did not know and had no reasonable cause to suspect that the person to whom the goods were supplied or delivered was a designated person.
(4) In this regulation “third country” means a country that is not the United Kingdom or the Isle of Man.
Commencement Information
I29Reg. 29 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
30.—(1) A person must not directly or indirectly make military goods or military technology available to a designated person.
(2) Paragraph (1) is subject to Part 6 (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 that offence (“P”) to show that P did not know and had no reasonable cause to suspect that the person to whom the goods or technology were made available was a designated person.
Commencement Information
I30Reg. 30 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
31.—(1) A person must not transfer military technology to a designated person.
(2) Paragraph (1) is subject to Part 6 (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 that offence (“P”) to show that P did not know and had no reasonable cause to suspect that the person to whom the technology was transferred was a designated person.
Commencement Information
I31Reg. 31 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
32.—(1) A person must not directly or indirectly provide technical assistance relating to military goods or military technology to a designated person.
(2) Paragraph (1) is subject to Part 6 (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 that offence (“P”) to show that P did not know and had no reasonable cause to suspect that the person to whom the technical assistance was provided was a designated person.
Commencement Information
I32Reg. 32 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
33.—(1) A person must not directly or indirectly provide financial services to a designated person in pursuance of or in connection with an arrangement whose object or effect is—
(a)the export of military goods,
(b)the direct or indirect supply or delivery of military goods,
(c)directly or indirectly making military goods or military technology available to a person,
(d)the transfer of military technology, or
(e)the direct or indirect provision of technical assistance relating to military goods or military technology.
(2) A person must not directly or indirectly make funds available to a designated person in pursuance of or in connection with an arrangement mentioned in paragraph (1).
(3) A person must not directly or indirectly provide financial services or funds in pursuance of or in connection with an arrangement whose object or effect is—
(a)the export of military goods to a designated person,
(b)the direct or indirect supply or delivery of military goods to a designated person,
(c)directly or indirectly making military goods or military technology available to a designated person,
(d)the transfer of military technology to a designated person, or
(e)the direct or indirect provision of technical assistance relating to military goods or military technology to a designated person.
(4) Paragraphs (1) to (3) are subject to Part 6 (Exceptions and licences).
(5) A person who contravenes a prohibition in any of paragraphs (1) to (3) commits an offence but—
(a)it is a defence for a person charged with the offence of contravening paragraph (1) (“P”) to show that P did not know and had no reasonable cause to suspect that the person to whom the financial services were provided was a designated person;
(b)it is a defence for a person charged with the offence of contravening paragraph (2) (“P”) to show that P did not know and had no reasonable cause to suspect that the person to whom the funds were made available was a designated person;
(c)it is a defence for a person charged with the offence of contravening paragraph (3) to show that the person did not know and had no reasonable cause to suspect that the financial services or funds (as the case may be) were provided in pursuance of or in connection with an arrangement mentioned in that paragraph.
Commencement Information
I33Reg. 33 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
34.—(1) A person must not directly or indirectly provide brokering services in relation to an arrangement (“arrangement A”) whose object or effect is—
(a)the direct or indirect supply or delivery of military goods from a non-UK country to a designated person;
(b)directly or indirectly making military goods available in a non-UK country for direct or indirect supply or delivery to a designated person;
(c)directly or indirectly making military technology available in a non-UK country for transfer to a designated person;
(d)the transfer of military technology from a place in a non-UK country to a designated person;
(e)the direct or indirect provision, in a non-UK country, of technical assistance relating to military goods or military technology to a designated person;
(f)the direct or indirect provision, in a non-UK country, of financial services—
(i)to a designated person where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 33(1); or
(ii)where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 33(3);
(g)directly or indirectly making funds available in a non-UK country to, or for the benefit of, a designated person where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 33(1); or
(h)the direct or indirect provision of funds from a non-UK country, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 33(3).
(2) Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with that offence to show that the person did not know and had no reasonable cause to suspect that the brokering services were provided in relation to an arrangement mentioned in that paragraph.
(4) In this regulation—
“non-UK country” means—
for the purposes of paragraph (1)(a) and (b), a country that is not the United Kingdom or the Isle of Man; and
for the purposes of any other provision of paragraph (1), a country that is not the United Kingdom.
Commencement Information
I34Reg. 34 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
35.—(1) A person must not directly or indirectly provide to a designated person—
(a)technical assistance,
(b)armed personnel,
(c)financial services or funds, or
(d)brokering services in relation to an arrangement whose object or effect is to provide, in a non-UK country, anything mentioned in sub-paragraphs (a) to (c),
where such provision enables or facilitates the conduct of armed hostilities in Somalia.
(2) Paragraph (1) is subject to Part 6 (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 that offence (“P”) to show that—
(a)P did not know and had no reasonable cause to suspect that the person to whom, or for whose benefit, the technical assistance, armed personnel, financial services or funds or brokering services were provided was a designated person, or
(b)P did not know and had no reasonable cause to suspect that the provision as mentioned in paragraph (1) would enable or facilitate the conduct of armed hostilities in Somalia.
(4) In this regulation—
“non-UK country” means a country that is not the United Kingdom;
“technical assistance” means the provision of technical support or any other technical service.
(5) Nothing in this regulation is to be taken to limit the meaning of any of the prohibitions contained in Chapter 2 or 3 of this Part.
Commencement Information
I35Reg. 35 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
36.—(1) A person must not directly or indirectly provide to a person other than a designated person—
(a)technical assistance,
(b)armed personnel,
(c)financial services or funds, or
(d)brokering services in relation to an arrangement whose object or effect is to provide, in a non-UK country, any of the services mentioned in sub-paragraphs (a) to (c).
where such provision enables or facilitates the conduct of armed hostilities in Somalia.
(2) Paragraph (1) is subject to Part 6 (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 that offence to show that the person did not know and had no reasonable cause to suspect that the provision as mentioned in paragraph (1) would enable or facilitate the conduct of armed hostilities in Somalia.
(4) In this regulation—
“non-UK country” means a country that is not the United Kingdom;
“technical assistance” means the provision of technical support or any other technical service.
(5) Nothing in this regulation is to be taken to limit the meaning of any of the prohibitions contained in Chapter 2 or 3 of this Part.
Commencement Information
I36Reg. 36 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
37.—(1) The import of charcoal consigned from Somalia is prohibited.
(2) The import of charcoal originating from Somalia is prohibited.
(3) Paragraphs (1) and (2) are subject to Part 6 (Exceptions and licences).
Commencement Information
I37Reg. 37 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
38.—(1) A person must not—
(a)directly or indirectly acquire charcoal which originates in Somalia;
(b)directly or indirectly acquire charcoal which is located in Somalia.
(2) Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but—
(a)it is a defence for a person charged with the offence of contravening paragraph 1(a) to show that the person did not know and had no reasonable cause to suspect that the charcoal originated in Somalia;
(b)it is a defence for a person charged with the offence of contravening paragraph 1(b) to show that the person did not know and had no reasonable cause to suspect that the charcoal was located in Somalia.
Commencement Information
I38Reg. 38 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
39.—(1) A person must not directly or indirectly supply or deliver charcoal from a place in Somalia to a third country where the charcoal—
(a)originates in Somalia, or
(b)is consigned from Somalia.
(2) A person must not directly or indirectly supply or deliver charcoal from a place in a non-UK country to a place in a different non-UK country where the charcoal originates in Somalia.
(3) Paragraphs (1) and (2) are subject to Part 6 (Exceptions and licences).
(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)(a) or (2) to show that the person did not know and had no reasonable cause to suspect that the charcoal originated in Somalia;
(b)it is a defence for a person charged with the offence of contravening paragraph (1)(b) to show that the person did not know and had no reasonable cause to suspect that the charcoal was consigned from Somalia.
(5) In this regulation—
“non-UK country” means a country that is not the United Kingdom or the Isle of Man;
“third country” means a country that is not the United Kingdom, the Isle of Man or Somalia.
Commencement Information
I39Reg. 39 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
40.—(1) A person must not directly or indirectly provide financial services or funds in pursuance of or in connection with an arrangement whose object or effect is—
(a)the import of charcoal which—
(i)originates in Somalia, or
(ii)is consigned from Somalia;
(b)the direct or indirect acquisition of charcoal which—
(i)originates in Somalia, or
(ii)is consigned from Somalia;
(c)the direct or indirect supply or delivery of charcoal from a place in Somalia to a third country, where the charcoal—
(i)originates in Somalia, or
(ii)is consigned from Somalia;
(d)the direct or indirect supply or delivery of charcoal from a place in a non-UK country to a place in a different non-UK country where the charcoal originates in Somalia.
(2) Paragraph (1) is subject to Part 6 (Exceptions and licences).
(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with an offence of contravening a prohibition in paragraph (1) to show that the person did not know and had no reasonable cause to suspect that the financial services or funds (as the case may be) were provided in pursuance of or in connection with an arrangement mentioned in that paragraph.
(4) For the purposes of paragraph (1)(c), the term “third country” has the same meaning as in regulation 39(5).
(5) For the purposes of paragraph (1)(d), the term “non-UK country” has the same meaning as in regulation 39(5).
Commencement Information
I40Reg. 40 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
41.—(1) A person must not intentionally participate in activities knowing that the object or effect of them is, whether directly or indirectly—
(a)to circumvent any of the prohibitions in Chapters 2 to 5 of this Part, or
(b)to enable or facilitate the contravention of any such prohibition.
(2) A person who contravenes a prohibition in paragraph (1) commits an offence.
Commencement Information
I41Reg. 41 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
42.—(1) Paragraph (2) applies where a person relies on a defence under Chapters 2 to 5 of this Part.
(2) If evidence is adduced which is sufficient to raise an issue with respect to the defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
Commencement Information
I42Reg. 42 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
43.—(1) The prohibition in regulation 12 (asset-freeze in relation to designated persons) is not contravened by an independent person (“P”) transferring to another person a legal or equitable interest in funds or economic resources where, immediately before the transfer, the interest—
(a)is held by P, and
(b)is not held jointly with the designated person.
(2) In paragraph (1) “independent person” means a person who—
(a)is not the designated person, and
(b)is not owned or controlled directly or indirectly (within the meaning of regulation 7) by the designated person.
(3) The prohibitions in regulations 12 to 14 (asset-freeze in relation to, and making funds available to, or for the benefit of, designated persons) are not contravened by a relevant institution crediting a frozen account with interest or other earnings due on the account.
(4) The prohibitions in regulations 13 and 14 (making funds available to, or for the benefit of, designated persons) are not contravened by a relevant institution crediting a frozen account where it receives funds transferred to that institution for crediting to that account.
(5) The prohibitions in regulations 13 and 14 are not contravened by the transfer of funds to a relevant institution for crediting to an account held or controlled (directly or indirectly) by a designated person, where those funds are transferred in discharge (or partial discharge) of an obligation which arose before the date on which the person became a designated person.
(6) The prohibitions in regulations 12 to 14 are not contravened in relation to a designated person (“P”) by a transfer of funds from account A to account B, where—
(a)account A is with a relevant institution which carries on an excluded activity within the meaning of section 142D of the Financial Services and Markets Act 2000 M17,
(b)account B is with a ring-fenced body within the meaning of section 142A of the Financial Services and Markets Act 2000 M18, and
(c)accounts A and B are held or controlled (directly or indirectly) by P.
(7) In this regulation—
“designated person” has the same meaning as it has in Part 3 (Finance);
“frozen account” means an account with a relevant institution which is held or controlled (directly or indirectly) by a designated person;
“relevant institution” means a person that has permission under Part 4A of the Financial Services and Markets Act 2000 M19 (permission to carry on regulated activity).
(8) The definition of “relevant institution” in paragraph (7) is to be read with section 22 of the Financial Services and Markets Act 2000 M20, any relevant order under that section M21 and Schedule 2 to that Act M22.
Commencement Information
I43Reg. 43 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
Marginal Citations
M172000 c.8. Section 142D was inserted by the Financial Services (Banking Reform) Act 2013 (c.33), section 4(1).
M18Section 142A was inserted by the Financial Services (Banking Reform) Act 2013, section 4(1).
M19Part 4A was inserted by the Financial Services Act 2012 (c.21), section 11(2) and amended by S.I. 2018/135.
M20Section 22 was amended by the Financial Guidance and Claims Act 2018 (c.10), section 27(4); the Financial Services Act 2012 (c.21), section 7(1); and S.I. 2018/135.
M21S.I. 2001/544, as most recently amended by S.I. 2019/679; S.I. 2020/117; and S.I. 2020/480; and it is prospectively amended by S.I. 2019/710.
M22Schedule 2 was amended by the Regulation of Financial Services (Land Transactions) Act 2005 (c.24), section 1; the Dormant Bank and Building Society Accounts Act 2008 (c.31), section 15 and Schedule 2, paragraph 1; the Financial Services Act 2012, sections 7(2) to (5) and 8; the Financial Guidance and Claims Act 2018, section 27(13); S.I. 2013/1881; and S.I. 2018/135; and it is prospectively amended by S.I. 2019/632.
[F544.—(1) The prohibitions in regulations 12 to 16 (asset-freeze etc.) are not contravened by a person (“P”) carrying out a relevant activity which is necessary—
(a)to ensure the timely delivery of humanitarian assistance, or
(b)to support other activities that support basic human needs,
where Conditions A and B are met.
(2) Condition A is that the humanitarian assistance or other activities mentioned in paragraph (1) are carried out by—
(a)the United Nations, including its—
(i)programmes and funds,
(ii)other entities and bodies, and
(iii)specialised agencies and related organisations,
(b)international organisations,
(c)humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations,
(d)bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals, or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs,
(e)any grantee, subsidiary, or implementing partner of any organisation falling within sub-paragraphs (a) to (d) while and to the extent that they are acting in those capacities,
(f)any other persons authorised by the Committee for the purposes of resolution 2664.
(3) Condition B is that P believes that carrying out the relevant activity is so necessary and there is no reasonable cause for P to suspect otherwise.
(4) For the purposes of this regulation—
“relevant activity” means any activity which would, in the absence of this regulation, contravene the prohibitions in regulations 12 to 16;
“resolution 2664” means resolution 2664 (2022) adopted by the Security Council on 9th December 2022.]
Textual Amendments
F5Reg. 44 substituted (9.2.2023) by The Sanctions (Humanitarian Exception) (Amendment) Regulations 2023 (S.I. 2023/121), regs. 1(2), 9(2)
45.—(1) Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in any of regulations 12 to 16 (asset-freeze etc.), Chapter 2 of Part 5 (Trade) or regulation 36 (enabling or facilitating the conduct of armed hostilities) (“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.
(2) In this regulation, “relevant country” means—
(a)any of the Channel Islands;
(b)the Isle of Man;
(c)any British overseas territory.
(3) Nothing in this regulation affects the application of a prohibition in a case where it would be incompatible with a UN obligation for the prohibition not to apply.
Commencement Information
I44Reg. 45 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
46.—(1) Where an act would, in the absence of this paragraph, be prohibited by regulation 9(2) (confidentiality) or any prohibition in Part 3 (Finance) or Part 5 (Trade), that prohibition does not apply to the act if the act is one which a responsible officer has determined would be in the interests of—
(a)national security, or
(b)the prevention or detection of serious crime in the United Kingdom or elsewhere.
(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 7 (Information and records) or 9 (Maritime enforcement), that requirement does not apply if a responsible officer has determined that not doing the thing in question would be in the interests of—
(a)national security, or
(b)the prevention or detection of serious crime in the United Kingdom or elsewhere.
(3) In this regulation “responsible officer” means a person in the service of the Crown or holding office under the Crown, acting in the course of that person's duty.
(4) Nothing in this regulation affects the application of a prohibition or requirement in a case where it would be incompatible with a UN obligation for the prohibition or requirement not to apply.
Commencement Information
I45Reg. 46 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
47.—(1) The prohibitions in regulations 12 to 16 (asset-freeze etc.) do not apply to anything done under the authority of a licence issued by the Treasury under this paragraph.
(2) The Treasury may issue a licence which authorises acts in relation to a non-UN designated person only where the Treasury consider that it is appropriate to issue the licence for a purpose set out in Schedule 3.
(3) The Treasury may issue a licence which authorises acts in relation to a UN designated person only where the Treasury consider that it is appropriate to issue the licence for a purpose set out in Part 2 of Schedule 3.
(4) In this regulation “UN designated person” means—
(a)a person who is a designated person for the purposes of regulations 12 to 16 by reason of regulation 10(1) (designation of persons named by or under UN Security Council resolutions), or
(b)a person who is designated under regulation 5(1)(a) (power to designate persons) for the purposes of regulations 12 to 16 and whose designation is (in the opinion of the Secretary of State) required by a provision mentioned in regulation 4(3) (purposes).
Commencement Information
I46Reg. 47 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
48. The prohibitions in Chapter 2 of Part 5 (Trade) and regulation 36 (enabling or facilitating the conduct of armed hostilities) do not apply to anything done under the authority of a licence issued by the Secretary of State under this regulation.
Commencement Information
I47Reg. 48 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
49.—(1) This regulation applies in relation to Treasury licences and trade licences.
(2) A licence must specify the acts authorised by it.
(3) A licence may be general or may authorise acts by a particular person or persons of a particular description.
(4) A licence may —
(a)contain conditions;
(b)be of indefinite duration or a defined duration.
(5) A person who issues a licence may vary, revoke or suspend it at any time.
(6) A person who issues, varies, revokes or suspends a licence which authorises acts by a particular person must give written notice to that person of the issue, variation, revocation or suspension of the licence.
(7) A person who issues, varies, revokes or suspends a general licence or a licence which authorises acts by persons of a particular description must take such steps as that person considers appropriate to publicise the issue, variation, revocation or suspension of the licence.
Commencement Information
I48Reg. 49 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
50.—(1) A person (“P”) commits an offence if P knowingly or recklessly—
(a)provides information that is false in a material respect, or
(b)provides or produces a document that is not what it purports to be,
for the purpose of obtaining a Treasury licence (whether for P or anyone else).
(2) A person who purports to act under the authority of a Treasury licence but who fails to comply with any condition of the licence commits an offence.
Commencement Information
I49Reg. 50 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
51.—(1) A person (“P”) commits an offence if P knowingly or recklessly—
(a)provides information that is false in a material respect, or
(b)provides or produces a document that is not what it purports to be,
for the purpose of obtaining a trade licence (whether for P or anyone else).
(2) A person who purports to act under the authority of a trade licence but who fails to comply with any condition of the licence commits an offence.
(3) A licence in respect of which an offence under paragraph (1) has been committed is to be treated as void from the time at which it was issued.
Commencement Information
I50Reg. 51 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
52.—(1) The Secretary of State may direct that, in relation to any person within regulation 18 whose name is specified, or who is of a specified description, section 8B(1) and (2) of the Immigration Act 1971, or section 8B(3) of that Act, have effect subject to specified exceptions.
(2) A direction may contain conditions.
(3) A direction 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).
(4) The Secretary of State may vary, revoke or suspend a direction at any time.
(5) On the issue, variation, revocation or suspension of a direction under this regulation, the Secretary of State may take such steps as the Secretary of State considers appropriate to publicise the issue, variation, revocation or suspension of the direction.
(6) In this regulation “specified” means specified in a direction under this regulation.
Commencement Information
I51Reg. 52 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
53.—(1) A relevant firm must inform the Treasury as soon as practicable if—
(a)it knows, or has reasonable cause to suspect, that a person—
(i)is a designated person, or
(ii)has committed an offence under any provision of Part 3 (Finance) or regulation 50 (finance: licensing offences), and
(b)the information or other matter on which the knowledge or cause for suspicion is based came to it in the course of carrying on its business.
(2) Where a relevant firm informs the Treasury under paragraph (1), it must state—
(a)the information or other matter on which the knowledge or suspicion is based, and
(b)any information it holds about the person by which the person can be identified.
(3) Paragraph (4) applies if—
(a)a relevant firm informs the Treasury under paragraph (1) that it knows, or has reasonable cause to suspect, that a person is a designated person, and
(b)that person is a customer of the relevant firm.
(4) The relevant firm must also state the nature and amount or quantity of any funds or economic resources held by it for the customer at the time when it first had the knowledge or suspicion.
(5) A relevant institution must inform the Treasury without delay if that institution—
(a)credits a frozen account in accordance with regulation 43(4) (finance: exceptions from prohibitions), or
(b)transfers funds from a frozen account in accordance with regulation 43(6).
(6) A person who fails to comply with a requirement in paragraph (1), (2) or (4) commits an offence.
(7) In this regulation—
“designated person” has the same meaning as it has in Part 3 (Finance);
“frozen account” has the same meaning as it has in regulation 43;
“relevant firm” is to be read in accordance with regulation 54;
“relevant institution” has the same meaning as it has in regulation 43.
Commencement Information
I52Reg. 53 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
54.—(1) The following are relevant firms for the purposes of regulation 53 (finance: reporting obligations)—
(a)a person that has permission under Part 4A of the Financial Services and Markets Act 2000 (Permission to carry on regulated activities);
(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 is—
(i)a statutory auditor within the meaning of Part 42 of the Companies Act 2006 (Statutory auditors) M23, or
(ii)a local auditor within the meaning of section 4(1) of the Local Audit and Accountability Act 2014 (general requirements for audit) M24;
(d)a firm or sole practitioner that provides to other persons, by way of business—
(i)accountancy services,
(ii)legal or notarial services,
(iii)advice about tax affairs, or
(iv)trust or company services within the meaning of paragraph (2);
(e)a firm or sole practitioner that carries out, or whose employees carry out, estate agency work;
(f)the holder of a casino operating licence within the meaning given by section 65(2)(a) of the Gambling Act 2005 (nature of a licence) M25;
(g)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.
[F6(h)a cryptoasset exchange provider;
(i)a custodian wallet provider.]
(2) In paragraph (1) “trust or 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—
(i)a trustee of an express trust or similar legal arrangement, or
(ii)a nominee shareholder for a person.
(3) In paragraph (1)—
“estate agency work” is to be read in accordance with section 1 of the Estate Agents Act 1979 M26, 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 United Kingdom 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.
[F7(3A) In paragraph (1), a “cryptoasset exchange provider” means a firm or sole practitioner that by way of business provides one or more of the following services, including where the firm or sole practitioner does so as creator or issuer of any of the cryptoassets involved—
(a)exchanging, or arranging or making arrangements with a view to the exchange of, cryptoassets for money or money for cryptoassets,
(b)exchanging, or arranging or making arrangements with a view to the exchange of, one cryptoasset for another, or
(c)operating a machine which utilises automated processes to exchange cryptoassets for money or money for cryptoassets.
(3B) In paragraph (1), a “custodian wallet provider” means a firm or sole practitioner that by way of business provides services to safeguard, or to safeguard and administer—
(a)cryptoassets on behalf of its customers, or
(b)private cryptographic keys on behalf of its customers in order to hold, store and transfer cryptoassets.
(3C) For the purposes of this regulation—
(a)“cryptoasset” means a cryptographically secured digital representation of value or contractual rights that uses a form of distributed ledger technology and can be transferred, stored or traded electronically;
(b)“money” means—
(i)money in sterling,
(ii)money in any other currency, or
(iii)money in any other medium of exchange,
but does not include a cryptoasset; and
(c)in sub-paragraphs (a) to (c) of paragraph (3A), “cryptoasset” includes a right to, or interest in, the cryptoasset.]
(4) Paragraph (1)(a) and (b) are to be read with section 22 of the Financial Services and Markets Act 2000, any relevant order under that section and Schedule 2 to that Act.
(5) For the purposes of regulation 53(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 the permission mentioned in that provision is required;
(b)in the case of a relevant firm within paragraph (1)(c)(i), in the course of carrying out statutory audit work within the meaning of section 1210 of the Companies Act 2006 (meaning of statutory auditor) M27;
(c)in the case of a relevant firm within paragraph (1)(c)(ii), in the course of carrying out an audit required by the Local Audit and Accountability Act 2014;
(d)in the case of a relevant firm within paragraph (1)(f), in the course of carrying on an activity in respect of which the licence mentioned in that provision is required;
(e)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
F6Reg. 54(1)(h)(i) inserted (30.8.2022) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/819), regs. 1(3)(j), 11(3)(a)
F7Reg. 54(3A)-(3C) inserted (30.8.2022) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/819), regs. 1(3)(j), 11(3)(b)
Commencement Information
I53Reg. 54 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
Marginal Citations
M261979 c.38. Section 1 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73), Schedule 1, paragraph 40; the Planning (Consequential Provisions) Act 1990 (c.11), Schedule 2, paragraph 42; the Planning (Consequential Provisions) (Scotland) Act 1997 (c.11), Schedule 2, paragraph 28; the Planning Act (Northern Ireland) 2011 (c.25), Schedule 6, paragraph 21; the Enterprise and Regulatory Reform Act 2013 (c.24), section 70; S.I. 1991/1220; S.I. 1991/2684; S.S.I. 2000/121 and S.I. 2001/1283.
M27Section 1210 was amended by S.I. 2005/1433; S.I. 2008/565; S.I. 2008/1950; S.I. 2011/99; S.I. 2012/1809; S.I. 2013/3115; S.I. 2017/516; and S.I. 2017/1164; and it is prospectively amended by S.I. 2019/177.
55.—(1) The Treasury may request a designated person to provide information about—
(a)funds or economic resources owned, held or controlled by or on behalf of the designated person, or
(b)any disposal of such funds or economic resources.
(2) The Treasury may request a designated person to provide such information as the Treasury may reasonably require about expenditure—
(a)by the designated person, or
(b)for the benefit of the designated person.
(3) For the purposes of paragraph (2)(b), expenditure for the benefit of a designated person includes expenditure on the discharge (or partial discharge) of a financial obligation for which the designated person is wholly or partly responsible.
(4) The power in paragraph (1) or (2) is exercisable only where the Treasury believe that it is necessary for the purpose of monitoring compliance with or detecting evasion of any provision of Part 3 (Finance).
(5) The Treasury may request a person acting under a Treasury licence to provide information about—
(a)funds or economic resources dealt with under the licence, or
(b)funds or economic resources made available under the licence.
(6) The Treasury may request a person to provide information within paragraph (7) if the Treasury believe that the person may be able to provide the information.
(7) Information within this paragraph is such information as the Treasury may reasonably require for the purpose of—
(a)establishing for the purposes of any provision of Part 3—
(i)the nature and amount or quantity of any funds or economic resources owned, held or controlled by or on behalf of a designated person,
(ii)the nature and amount or quantity of any funds or economic resources made available directly or indirectly to, or for the benefit of, a designated person, or
(iii)the nature of any financial transactions entered into by a designated person;
(b)monitoring compliance with or detecting evasion of—
(i)any provision of Part 3,
(ii)regulation 53 (finance: reporting obligations), or
(iii)any condition of a Treasury licence;
(c)detecting or obtaining evidence of the commission of an offence under Part 3 or regulation 50 (finance: licensing offences) or 53.
(8) The Treasury may specify the way in which, and the period within which, information is to be provided.
(9) If no such period is specified, the information which has been requested must be provided within a reasonable time.
(10) A request may include a continuing obligation to keep the Treasury informed as circumstances change, or on such regular basis as the Treasury may specify.
(11) Information requested under this regulation may relate to any period of time during which a person is, or was, a designated person.
(12) Information requested by virtue of paragraph (1)(b), (2) or (7)(a)(iii) may relate to any period before a person became a designated person (as well as, or instead of, any subsequent period).
(13) Expressions used in this regulation have the same meaning as they have in Part 3.
Commencement Information
I54Reg. 55 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
56.—(1) A request under regulation 55 may include a request to produce specified documents or documents of a specified description.
(2) Where the Treasury request that documents be produced, the Treasury may—
(a)take copies of or extracts from any document so produced,
(b)request any person producing a document to give an explanation of it, and
(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.
(3) Where the Treasury request a designated person or a person acting under a Treasury 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 Treasury or as the Treasury may otherwise permit).
(4) In this regulation “designated person” has the same meaning as it has in Part 3 (Finance).
Commencement Information
I55Reg. 56 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
57.—(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 55 (finance: powers to request information);
(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 55 or 56 (finance: production of documents), destroys, mutilates, defaces, conceals or removes any document;
(d)otherwise intentionally obstructs the Treasury in the exercise of their powers under regulation 55 or 56.
(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
I56Reg. 57 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
58.—(1) Section 77A of CEMA M28 applies in relation to a person carrying on a relevant activity as it applies in relation to a person concerned in the importation or exportation of goods but as if—
(a)in subsection (1), the reference to a person concerned in the importation or exportation of goods for which for that purpose an entry is required by regulation 5 of the Customs Controls on Importation of Goods Regulations 1991 M29 or an entry or specification is required by or under CEMA were to a person carrying on a relevant activity;
(b)any other reference to importation or exportation were to a relevant activity;
(c)any other reference to goods were to the goods, technology, services or funds to which the relevant activity relates.
(2) 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 a prohibition in Part 5 (Trade), except any prohibition on imports or exports, or
(b)which would constitute a contravention of the prohibition in regulation 41 (circumventing etc. prohibitions).
Commencement Information
I57Reg. 58 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
Marginal Citations
M28Section 77A was inserted by the Finance Act 1987 (c.16), section 10 and amended by S.I. 1992/3095.
M29S.I. 1991/2724 is amended by S.I. 1992/3095; S.I. 1993/3014; and S.I. 2011/1043 and it is prospectively revoked by S.I. 2018/1247.
59.—(1) This regulation applies in relation to a person (“P”) who does any act authorised by a general licence issued under regulation 48 (trade licences) (“the licence”).
(2) P must keep a register or record containing such details as may be necessary to allow the following information to be identified in relation to each act done under the authority of the licence—
(a)a description of the act;
(b)a description of any goods, technology, services or funds to which the act relates;
(c)the date of the act or the dates between which the act took place;
(d)the quantity of any goods or funds to which the act relates;
(e)P's name and address;
(f)the name and address of any consignee of goods to which the act relates or any recipient of technology, services or funds to which the act relates;
(g)in so far as it is known to P, the name and address of the end-user of the goods, technology, services or funds to which the act relates;
(h)if different from P, the name and address of the supplier of any goods to which the act relates;
(i)any further information required by the licence.
(3) The register or record relating to an act must be kept until the end of the calendar year in which the register or record is created and for a further period of 4 years from the end of that calendar year.
(4) P must notify the Secretary of State in writing of P's name and the address at which the register or record may be inspected, and must make a further such notification if those details change.
(5) A notification under paragraph (4) must be given no later than 30 days after—
(a)P first does any act authorised by the licence, or
(b)there is any change to the details previously notified.
(6) A person who fails to comply with a requirement in paragraph (2), (3) or (4) commits an offence.
Commencement Information
I58Reg. 59 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
60.—(1) A person authorised by the Secretary of State or the Commissioners (an “official”) may at any reasonable hour enter premises notified under regulation 59(4) (general trade licences: records) for the purposes of monitoring compliance with or detecting evasion of regulation 59(2) or (3).
(2) An official may require any person on the premises to produce any register or record required to be kept under regulation 59, or any document included in such a register or record, that is in the person's possession or control.
(3) An official may inspect and copy any such register, record or document.
(4) An official must, if requested to do so, produce documentary evidence that he or she is authorised to exercise a power conferred by this regulation.
(5) A person commits an offence if, without reasonable excuse, the person—
(a)intentionally obstructs an official in the performance of any of the official's functions under this regulation, or
(b)fails to produce a register, record or document when reasonably required to do so by an official under this regulation.
Commencement Information
I59Reg. 60 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
61.—(1) The Secretary of State, the Treasury or the Commissioners may, in accordance with this regulation, disclose—
(a)any information obtained under or by virtue of Part 6 (Exceptions and licences), this Part or Part 9 (Maritime enforcement), or
(b)any information held in connection with—
(i)anything done under or by virtue of Part 2 (Designation of persons), Part 3 (Finance), Part 5 (Trade), or
(ii)any exception or licence under Part 6 or anything done in accordance with such an exception or under the authority of such a licence.
(2) Information referred to in paragraph (1) may be disclosed for, or in connection with, any of the following purposes—
(a)any purpose stated in regulation 4;
(b)the exercise of functions under these Regulations;
(c)facilitating, monitoring or ensuring compliance with these Regulations;
(d)taking any action with a view to instituting, or otherwise for the purposes of, any proceedings in the United Kingdom—
(i)for an offence under any provision of these Regulations,
(ii)for an offence under CEMA in connection with a prohibition mentioned in regulations 21(1) and 28(1) (export of goods) and 37 (import of charcoal), or
(iii)in relation to a monetary penalty under section 146 of the Policing and Crime Act 2017 (breach of financial sanctions legislation) M30;
(e)taking any action with a view to instituting, or otherwise for the purposes of, any proceedings in any of the Channel Islands, the Isle of Man or any British overseas territory for an offence—
(i)under a provision in any such jurisdiction that is similar to a provision of these Regulations, or
(ii)in connection with a prohibition in any such jurisdiction that is similar to a prohibition referred to in sub-paragraph (d)(ii);
(f)compliance with an international obligation M31;
(g)facilitating the exercise by an authority outside the United Kingdom or by an international organisation of functions which correspond to functions under these Regulations.
(3) Information referred to in paragraph (1) may be disclosed to the following persons—
(a)a police officer;
(b)any person holding or acting in any office under or in the service of—
(i)the Crown in right of the Government of the United Kingdom,
(ii)the Crown in right of the Scottish Government, the Northern Ireland Executive or the Welsh Government,
(iii)the States of Jersey, Guernsey or Alderney or the Chief Pleas of Sark,
(iv)the Government of the Isle of Man, or
(v)the Government of any British overseas territory;
(c)any law officer of the Crown for Jersey, Guernsey or the Isle of Man;
(d)the Scottish Legal Aid Board;
(e)the Financial Conduct Authority, the Prudential Regulation Authority, the Bank of England, the Jersey Financial Services Commission, the Guernsey Financial Services Commission or the Isle of Man Financial Services Authority;
(f)any other regulatory body (whether or not in the United Kingdom);
(g)any organ of the United Nations;
(h)the Council of the European Union, the European Commission or the European External Action Service;
(i)the Government of any country;
(j)any other person where the Secretary of State, the Treasury or the Commissioners (as the case may be) consider that it is appropriate to disclose the information.
(4) Information referred to in paragraph (1) may be disclosed to any person with the consent of a person who, in their own right, is entitled to the information.
(5) In paragraph (4) “in their own right” means not merely in the capacity as a servant or agent of another person.
(6) In paragraph (1)(b)—
(a)the reference to information includes information obtained at a time when any provision of these Regulations is not in force, and
(b)the reference to a licence under Part 6 includes—
(i)a licence or authorisation which is treated as if it were a licence which had been issued under that Part, and
(ii)a licence which is deemed to have been issued under that Part.
Commencement Information
I60Reg. 61 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
Marginal Citations
M31Section 1(8) of the Act defines an “international obligation” as an obligation of the United Kingdom created or arising by or under any international agreement.
61A.—(1) A relevant public authority may disclose information to the Treasury if the disclosure is made for the purpose of enabling or assisting the Treasury to discharge any of its functions in connection with sanctions.
(2) In this regulation—
“relevant public authority” means—
any person holding or acting in any office under or in the service of—
the Crown in right of the Government of the United Kingdom,
the Crown in right of the Scottish Government, the Northern Ireland Executive or the Welsh Government,
any local authority,
any police officer,
the Financial Conduct Authority, the Prudential Regulation Authority, the Bank of England or any other regulatory body in the United Kingdom, or
any other person exercising functions of a public nature;
“local authority” means—
in relation to England—
a county council,
a district council,
a London Borough council,
the Common Council of the City of London in its capacity as a local authority,
the Council of the Isles of Scilly, or
an eligible parish council within the meaning of section 1(2) of the Local Government Act 2000,
in relation to Wales, a county council, a county borough council or a community council,
in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, or
in relation to Northern Ireland, a district council.]
Textual Amendments
F8Reg. 61A inserted (9.8.2022) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/819), regs. 1(2), 11(4)
62.—(1) A disclosure of information under regulation 61 (disclosure of information) [F9or 61A (finance: disclosure to the Treasury)] does not breach any restriction on such disclosure imposed by statute or otherwise.
(2) But nothing in [F10those regulations] authorises a disclosure that—
(a)contravenes the data protection legislation, or
(b)is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 M32.
(3) Nothing in this Part is to be read as requiring a person who has acted or is acting as counsel or solicitor for any person to disclose any privileged information in their possession in that capacity.
(4) [F11Regulations 61 and 61A do] not limit the circumstances in which information may be disclosed apart from [F12those regulations].
(5) Nothing in this Part limits any conditions which may be contained in a Treasury licence or a trade licence.
(6) In this regulation—
“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act) M33;
“privileged information” means information with respect to which a claim to legal professional privilege (in Scotland, to confidentiality of communications) could be maintained in legal proceedings.
Textual Amendments
F9Words in reg. 62(1) inserted (9.8.2022) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/819), regs. 1(2), 11(5)(a)
F10Words in reg. 62(2) substituted (9.8.2022) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/819), regs. 1(2), 11(5)(b)
F11Words in reg. 62(4) substituted (9.8.2022) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/819), regs. 1(2), 11(5)(c)(i)
F12Words in reg. 62(4) substituted (9.8.2022) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/819), regs. 1(2), 11(5)(c)(ii)
Commencement Information
I61Reg. 62 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
Marginal Citations
M322016 c.25. Amendments have been made by the Policing and Crime Act 2017, Schedule 9, paragraph 74; the Data Protection Act 2018 (c.12), Schedule 19, paragraphs 198-203; S.I. 2018/652 and S.I. 2018/1123. Saving provisions are made by S.I. 2017/859.
63.—(1) A person who commits an offence under any provision of Part 3 (Finance) or regulation 50 (finance: licensing offences), is liable—
(a)on summary conviction in England and Wales, to imprisonment for a term not exceeding [F13the general limit in a magistrates’ court] or a fine (or both);
(b)on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
(c)on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);
(d)on conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine (or both).
(2) A person who commits an offence under any provision of Part 5 (Trade) is liable—
(a)on summary conviction in England and Wales, to imprisonment for a term not exceeding [F14the general limit in a magistrates’ court] or a fine (or both);
(b)on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
(c)on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);
(d)on conviction on indictment, to imprisonment for a term not exceeding 10 years or a fine (or both).
(3) A person who commits an offence under regulation 9(6) (confidentiality), regulation 51 (trade: licensing offences), 59(6) or 60(5) (offences in connection with trade licences) is liable—
(a)on summary conviction in England and Wales, to imprisonment for a term not exceeding [F15the general limit in a magistrates’ court] or a fine (or both);
(b)on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
(c)on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);
(d)on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).
(4) A person who commits an offence under regulation 53(6) or 57 (information offences in connection with Part 3) is liable—
(a)on summary conviction in England and Wales, to imprisonment for a term not exceeding 6 months or a fine (or both);
(b)on summary conviction in Scotland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both);
(c)on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).
(5) In relation to an offence committed before [F162nd May 2022], the reference in each of paragraphs (1)(a), (2)(a) and (3)(a) to [F17the general limit in a magistrates’ court] is to be read as a reference to 6 months.
Textual Amendments
F13Words in reg. 63(1)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(2), Sch. Pt. 2
F14Words in reg. 63(2)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(2), Sch. Pt. 2
F15Words in reg. 63(3)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(2), Sch. Pt. 2
F16Words in reg. 63(5) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(2), Sch. Pt. 2
F17Words in reg. 63(5) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(2), Sch. Pt. 2
Commencement Information
I62Reg. 63 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
64.—(1) Where an offence under these Regulations, committed by a body corporate—
(a)is committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, or
(b)is attributable to any neglect on the part of any such person,
that person as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.
(2) In paragraph (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
(3) Paragraph (1) also applies in relation to a body that is not a body corporate, with the substitution for the reference to a director of the body of a reference—
(a)in the case of a partnership, to a partner;
(b)in the case of an unincorporated body other than a partnership—
(i)where the body's affairs are managed by its members, to a member of the body;
(ii)in any other case, to a member of the governing body.
(4) Section 171(4) of CEMA (which is a provision similar to this regulation) does not apply to any offence under these Regulations to which that provision would, in the absence of this paragraph, apply.
Commencement Information
I63Reg. 64 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
65.—(1) Where an offence under Part 3 (Finance), regulation 9(6) (confidentiality), regulation 50 (finance: licensing offences) or regulation 53(6) or 57 (information offences in connection with Part 3) is committed in the United Kingdom—
(a)proceedings for the offence may be taken at any place in the United Kingdom, and
(b)the offence may for all incidental purposes be treated as having been committed at any such place.
(2) Where an offence under these Regulations is committed outside the United Kingdom—
(a)proceedings for the offence may be taken at any place in the United Kingdom, and
(b)the offence may for all incidental purposes be treated as having been committed at any such place.
(3) In the application of paragraph (2) to Scotland, any such proceedings against a person may be taken—
(a)in any sheriff court district in which the person is apprehended or is in custody, or
(b)in such sheriff court district as the Lord Advocate may determine.
(4) In paragraph (3) “sheriff court district” is to be read in accordance with the Criminal Procedure (Scotland) Act 1995 (see section 307(1) of that Act) M34.
Commencement Information
I64Reg. 65 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
Marginal Citations
66.—(1) Paragraphs (2) and (3) apply if it is alleged that an offence under these Regulations has been committed by an unincorporated body (as opposed to by a member of the body).
(2) Proceedings in England and Wales or Northern Ireland for such an offence must be brought against the body in its own name.
(3) For the purposes of proceedings for such an offence brought against an unincorporated body—
(a)rules of court relating to the service of documents have effect as if the body were a body corporate;
(b)the following provisions apply as they apply in relation to a body corporate—
(i)section 33 of the Criminal Justice Act 1925 M35 and Schedule 3 to the Magistrates' Courts Act 1980 M36;
(ii)section 18 of the Criminal Justice Act (Northern Ireland) 1945 M37 and Article 166 of, and Schedule 4 to, the Magistrates' Courts (Northern Ireland) Order 1981 M38.
(4) A fine imposed on an unincorporated body on its conviction of an offence under these Regulations is to be paid out of the funds of the body.
Commencement Information
I65Reg. 66 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
Marginal Citations
M351925 c.86 as amended by the Statute Law (Repeals) Act 2004 (c.14), section 1(1) and Schedule 1, Part 17. Other amendments have been made to section 33 that are not relevant to these Regulations.
67.—(1) Proceedings for an offence under these Regulations which is triable only summarily may be brought within the period of 12 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to the prosecutor's knowledge.
(2) But such proceedings may not be brought by virtue of paragraph (1) more than 3 years after the commission of the offence.
(3) A certificate signed by the prosecutor as to the date on which the evidence in question came to the prosecutor's knowledge is conclusive evidence of the date on which it did so; and a certificate to that effect and purporting to be so signed is to be treated as being so signed unless the contrary is proved.
(4) In relation to proceedings in Scotland—
(a)section 136(3) of the Criminal Procedure (Scotland) Act 1995 (date of commencement of summary proceedings) applies for the purposes of this regulation as it applies for the purposes of that section, and
(b)references in this regulation to the prosecutor are to be treated as references to the Lord Advocate.
Commencement Information
I66Reg. 67 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
68.—(1) Where the Commissioners investigate or propose to investigate any matter with a view to determining—
(a)whether there are grounds for believing that a relevant offence has been committed, or
(b)whether a person should be prosecuted for such an offence,
the matter is to be treated as an assigned matter.
(2) In paragraph (1) “assigned matter” has the meaning given by section 1(1) of CEMA M39.
(3) In this regulation a “relevant offence” means an offence under—
(a)Part 5 (Trade),
(b)regulation 51 (trade: licensing offences),
(c)regulation 59(6) (general trade licences: records), or
(d)regulation 60(5) (general trade licences: inspection of records).
(4) Section 138 of CEMA M40 (arrest of persons) applies to a person who has committed, or whom there are reasonable grounds to suspect of having committed, a relevant offence as it applies to a person who has committed, or whom there are reasonable grounds to suspect of having committed, an offence for which the person is liable to be arrested under the customs and excise Acts M41, but as if—
(a)any reference to an offence under, or for which a person is liable to be arrested under, the customs and excise Acts were to a relevant offence;
(b)in subsection (2), the reference to any person so liable were to a person who has committed, or whom there are reasonable grounds to suspect of having committed, a relevant offence.
(5) The provisions of CEMA mentioned in paragraph (6) apply in relation to proceedings for a relevant offence as they apply in relation to proceedings for an offence under the customs and excise Acts, but as if—
(a)any reference to the customs and excise Acts were to any of the provisions mentioned in paragraph (3)(a) to (d);
(b)in section 145(6), the reference to an offence for which a person is liable to be arrested under the customs and excise Acts were to a relevant offence;
(c)in section 151, the reference to any penalty imposed under the customs and excise Acts were to any penalty imposed under these Regulations in relation to a relevant offence;
(d)in section 154(2)—
(i)the reference to proceedings relating to customs or excise were to proceedings under any of the provisions mentioned in paragraph (3)(a) to (d), and
(ii)the reference to the place from which any goods have been brought included a reference to the place to which goods have been exported, supplied or delivered or the place to or from which technology has been transferred.
(6) The provisions of CEMA are sections 145, 146, 147, 148(1), 150, 151, 152, 154 and 155 M42 (legal proceedings).
Commencement Information
I67Reg. 68 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
Marginal Citations
M39The definition of “assigned matter” in section 1(1) of CEMA was amended by the Commissioners for Revenue and Customs Act 2005 (c.11), Schedule 4, paragraph 22(a); the Scotland Act 2012 (c.11), section 24(7); and the Wales Act 2014 (c.29), section 7(1).
M40Section 138 of CEMA was amended by the Police and Criminal Evidence Act 1984 (c. 60), section 114(1), Schedule 6, paragraph 37 and Schedule 7, Part 1; the Finance Act 1988 (c.39), section 11; the Serious Organised Crime and Police Act 2005 (c.15), Schedule 7, paragraph 54; S.I. 1989/1341 (N.I.12); and S.I. 2007/288.
M41“The customs and excise Acts” is defined in section 1 of CEMA.
M42Section 145 of CEMA was amended by the Police and Criminal Evidence Act 1984, section 114(1); the Commissioners for Revenue and Customs Act 2005 (c. 11), Schedule 4, paragraph 23(a); and S.I. 2014/834. Section 147 was amended by the Criminal Justice Act 1982 (c. 48), Schedule 14, paragraph 42; the Finance Act 1989 (c. 26), section 16(2); and the Criminal Justice Act 2003 (c. 44), Schedule 3, paragraph 50. Section 152 was amended by the Commissioners for Revenue and Customs Act 2005, Schedule 4, paragraph 26, and Schedule 5. Section 155 was amended by the Commissioners for Revenue and Customs Act 2005, Schedule, 4, paragraph 27, and Schedule 5.
69.—(1) Paragraph (2) applies where a person is guilty of an offence under section 50(2) of CEMA in connection with a prohibition mentioned in regulation 37 (import of charcoal).
(2) Where this paragraph applies, the reference to 7 years in section 50(4)(b) of CEMA M43is to be read as a reference to 10 years.
(3) Paragraph (4) applies where a person is guilty of an offence under section 68(2) of CEMA in connection with a prohibition mentioned in regulation 21(1) or 28(1) (exports).
(4) Where this paragraph applies, the reference to 7 years in section 68(3)(b) of CEMA M44 is to be read as a reference to 10 years.
(5) Paragraph (6) applies where a person is guilty of an offence under section 170(2) of CEMA in connection with a prohibition mentioned in regulation 21(1), 28(1) or 37 (exports or imports).
(6) Where this paragraph applies, the reference to 7 years in section 170(3)(b) of CEMA M45 is to be read as a reference to 10 years.
Commencement Information
I68Reg. 69 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
Marginal Citations
M43The words “7 years” were inserted into section 50(4)(b) of CEMA by the Finance Act 1988, section 12.
M44The words “7 years” were inserted in section 68(3)(b) of CEMA by the Finance Act 1988, section 12.
M45The words “7 years” were inserted in section 170(3)(b) of CEMA by the Finance Act 1988, section 12.
70. Chapter 1 of Part 2 of the Serious Organised Crime and Police Act 2005 (investigatory powers) M46 applies to any offence under Part 3 (Finance) or regulation 50 (finance: licensing offences).
Commencement Information
I69Reg. 70 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
Marginal Citations
M462005 c.15. Chapter 1 of Part 2 has been amended by the Terrorism Act 2006 (c.11), section 33(3) and (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.
71. Each provision in Part 5 (Trade) which contains a prohibition imposed for a purpose mentioned in section 3(1) or (2) of the Act is to be regarded as not being financial sanctions legislation for the purposes of Part 8 of the Policing and Crime Act 2017 M47.
Commencement Information
I70Reg. 71 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
Marginal Citations
M47See section 143(4)(f) and (4A), as inserted by the Sanctions and Anti Money Laundering Act 2018, Schedule 3, paragraph 8(1) and (3).
72.—(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)a British ship in foreign waters or international waters,
(b)a ship without nationality in international waters, or
(c)a foreign ship in international waters,
and a ship within sub-paragraph (a), (b) or (c) is referred to in this Part as “a relevant ship”.
(2) The maritime enforcement powers may be exercised for the purpose of enforcing any of the following—
(a)a prohibition in any of regulations 21 to 24 (trade prohibitions relating to goods and technology);
(b)a prohibition in any of regulations 28 to 31 (targeted trade prohibitions relating to military goods and technology);
(c)a prohibition in any of regulations 37 to 39 (trade prohibitions relating to charcoal);
(d)a prohibition imposed by a condition of a trade licence in relation to a prohibition mentioned in sub-paragraph (a).
(3) The maritime enforcement powers may also be exercised in relation to a relevant ship for the purpose of—
(a)investigating the suspected carriage of relevant goods on the ship, or
(b)preventing the continued carriage on the ship of goods suspected to be relevant goods.
(4) In this Part, “the maritime enforcement powers” are the powers conferred by regulations 74 (power to stop, search, board etc.) and 75 (seizure power).
(5) This regulation is subject to regulation 76 (restrictions on exercise of maritime enforcement powers).
Commencement Information
I71Reg. 72 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
73.—(1) The following persons are “maritime enforcement officers” for the purposes of this Part—
(a)a commissioned officer of any of Her Majesty's ships;
(b)a member of the Ministry of Defence Police (within the meaning of section 1 of the Ministry of Defence Police Act 1987 M48);
(c)a constable—
(i)who is a member of a police force in England and Wales,
(ii)within the meaning of section 99 of the Police and Fire Reform (Scotland) Act 2012 M49, or
(iii)who is a member of the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve;
(d)a special constable—
(i)appointed under section 27 of the Police Act 1996 M50,
(ii)appointed under section 9 of the Police and Fire Reform (Scotland) Act 2012, or
(iii)in Northern Ireland, appointed by virtue of provision incorporating section 79 of the Harbours, Docks, and Piers Clauses Act 1847 M51;
(e)a constable who is a member of the British Transport Police Force;
(f)a port constable, within the meaning of section 7 of the Marine Navigation Act 2013 M52, or a person appointed to act as a constable under provision made by virtue of section 16 of the Harbours Act 1964 M53;
(g)a designated customs official within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 14(6) of that Act) M54;
(h)a designated NCA officer who is authorised by the Director General of the National Crime Agency (whether generally or specifically) to exercise the powers of a maritime enforcement officer under this Part.
(2) In this regulation, “a designated NCA officer” means a National Crime Agency officer who is either or both of the following—
(a)an officer designated under section 10 of the Crime and Courts Act 2013 as having the powers and privileges of a constable;
(b)an officer designated under that section as having the powers of a general customs official.
Commencement Information
I72Reg. 73 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
Marginal Citations
M481987 c.4. Section 1 was amended by the Police Act 1996 (c.16), Schedule 7, paragraph 41; the Police (Northern Ireland) Act 1998 (c.32), Schedule 4, paragraph 16; the Police (Northern Ireland) Act 2000 (c.32), section 78(2); the Police Reform Act 2002 (c.30), section 79(3); and S.I. 2013/602.
M501996 c.16. Section 27 was amended by the Police and Justice Act 2006 (c.48), Schedule 2, paragraph 23; the Policing and Crime Act 2009 (c.26), Schedule 7, paragraphs 1 and 6; and the Police Reform and Social Responsibility Act 2011 (c.13), Schedule 16, paragraph 26.
M511847 c.27. Section 79 was amended by S.I. 2006/2167.
M531964 c.40. Section 16 was amended by section 29(2) of the Wales Act 2017 (c.4); S.I. 1970/1681; and S.I. 1999/672. Other amendments have been made to section 16 that are not relevant to these Regulations.
74.—(1) This regulation applies if a maritime enforcement officer has reasonable grounds to suspect that a relevant ship is carrying prohibited goods or relevant goods.
(2) The officer may—
(a)stop the ship;
(b)board the ship;
(c)for the purpose of exercising a power conferred by paragraph (3) or regulation 75 (seizure power), require the ship to be taken to, and remain in, a port or anchorage in the United Kingdom or any other country willing to receive it.
(3) Where the officer boards a ship by virtue of this regulation, the officer may—
(a)stop any person found on the ship and search that person for—
(i)prohibited goods or relevant goods, or
(ii)any thing that might be used to cause physical injury or damage to property or to endanger the safety of any ship;
(b)search the ship, or any thing found on the ship (including cargo) for prohibited goods or relevant goods.
(4) The officer may—
(a)require a person found on a ship boarded by virtue of this regulation to provide information or produce documents;
(b)inspect and copy such information or documents.
(5) The officer may exercise a power conferred by paragraph (3)(a)(i) or (b) only to the extent reasonably required for the purpose of discovering prohibited goods or relevant goods.
(6) The officer may exercise the power conferred by paragraph (3)(a)(ii) in relation to a person only where the officer has reasonable grounds to believe that the person might use a thing to cause physical injury or damage to property or to endanger the safety of any ship.
(7) The officer may use reasonable force, if necessary, in the exercise of any power conferred by this regulation.
Commencement Information
I73Reg. 74 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
75.—(1) This regulation applies if a maritime enforcement officer is lawfully on a relevant ship (whether in exercise of the powers conferred by regulation 74 (power to stop, board, search etc.) or otherwise).
(2) The officer may seize any of the following which are found on the ship, in any thing found on the ship, or on any person found on the ship—
(a)goods which the officer has reasonable grounds to suspect are prohibited goods or relevant goods, or
(b)things within regulation 74(3)(a)(ii).
(3) The officer may use reasonable force, if necessary, in the exercise of any power conferred by this regulation.
Commencement Information
I74Reg. 75 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
76.—(1) The authority of the Secretary of State is required before any maritime enforcement power is exercised in reliance on regulation 72 (exercise of maritime enforcement powers) in relation to—
(a)a British ship in foreign waters, or
(b)a foreign ship in international waters.
(2) In relation to a British ship in foreign waters other than the sea and other waters within the seaward limits of the territorial sea adjacent to any relevant British possession, the Secretary of State may give authority under paragraph (1) only if the State in whose waters the power would be exercised consents to the exercise of the power.
(3) In relation to a foreign ship in international waters, the Secretary of State may give authority under paragraph (1) only if—
(a)the home state has requested the assistance of the United Kingdom for a purpose mentioned in regulation 72(2) or (3),
(b)the home state has authorised the United Kingdom to act for such a purpose, or
(c)the United Nations Convention on the Law of the Sea 1982 M55 or a UN Security Council Resolution otherwise permits the exercise of the power in relation to the ship.
Commencement Information
I75Reg. 76 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
Marginal Citations
M55Command 8941.
77.—(1) Subject to paragraph (2), any expression used in this Part and in section 19 or 20 of the Act has the same meaning in this Part as it has in section 19 or (as the case may be) section 20 of the Act.
(2) For the purpose of interpreting any reference to “prohibited goods” or “relevant goods” in this Part, any reference in section 19 or 20 of the Act to a “relevant prohibition or requirement” is to be read as a reference to any prohibition specified in regulation 72(2)(a) to (d) (exercise of maritime enforcement powers).
Commencement Information
I76Reg. 77 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
78.—(1) This regulation applies in relation to a notice required by regulation 49 (licences: general provisions) to be given to a person.
(2) The notice may be given to an individual—
(a)by delivering it to the individual,
(b)by sending it to the individual by post addressed to the individual at his or her usual or last-known place of residence or business, or
(c)by leaving it for the individual at that place.
(3) The notice may be given to a person other than an individual—
(a)by sending it by post to the proper officer of the body at its principal office, or
(b)by addressing it to the proper officer of the body and leaving it at that office.
(4) The notice may be given to the person by other means, including by electronic means, with the person's consent.
(5) In this regulation, the reference in paragraph (3) to a “principal office”—
(a)in relation to a registered company, is to be read as a reference to the company's registered office;
(b)in relation to a body incorporated or constituted under the law of a country other than the United Kingdom, includes a reference to the body's principal office in the United Kingdom (if any).
(6) In this regulation—
“proper officer”—
in relation to a body other than a partnership, means the secretary or other executive officer charged with the conduct of the body's general affairs, and
in relation to a partnership, means a partner or a person who has the control or management of the partnership business;
“registered company” means a company registered under the enactments relating to companies for the time being in force in the United Kingdom.
Commencement Information
I77Reg. 78 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
79. Article 20 of the Export Control Order 2008 (embargoed destinations) is not to be taken to prohibit anything prohibited by Part 5 (Trade).
Commencement Information
I78Reg. 79 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
80. A person is not to be taken to commit an offence under the Export Control Order 2008 if the person would, in the absence of this regulation, commit an offence under both—
(a)article 34, 37 or 38 of that Order M56, and
(b)any provision of Part 5 (Trade) or regulation 51 (trade: licensing offences), 59(6) or 60(5) (information offences in connection with general licences).
Commencement Information
I79Reg. 80 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
Marginal Citations
M56Articles 37 and 38 have been amended by the Export Control (Amendment) (No. 2) Order 2012 (S.I. 2012/910), Schedule 1, para 11 and article 38 has also been amended by the Export Control (Amendment) Order 2017 (S.I. 2017/85), article 2(7).
81.—(1) Council Regulation (EU) No 356/2010 of 26 April 2010 imposing certain specific restrictive measures directed against certain natural or legal persons, entities or bodies, in view of the situation in Somalia M57 is revoked.
(2) Council Regulation (EU) No 147/2003 of 27 January 2003 concerning certain restrictive measures in respect of Somalia M58 is revoked.
(3) The Somalia (Asset-Freezing) Regulations 2010 M59 are revoked.
(4) The Somalia (United Nations Sanctions) Order 2002 M60 is revoked.
(5) The Export Control (Somalia) Order 2011 M61 is revoked.
Commencement Information
I80Reg. 81 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
Marginal Citations
M57As prospectively amended by S.I. 2019/380.
M58As prospectively amended by S.I. 2019/26.
M61S.I. 2011/146, as prospectively amended by S.I. 2020/572.
82. In the Schedule to the United Nations and European Union Financial Sanctions (Linking) Regulations 2017 M62, omit the following row from the table—
| “United Nations Security Council Resolution 1844 (2008) | Council Regulation (EU) No. 356/2010 of 26th April 2010 imposing certain specific restrictive measures directed against certain natural or legal persons, entities or bodies, in view of the situation in Somalia.”. |
Commencement Information
I81Reg. 82 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
Marginal Citations
M62S.I. 2017/478, to which there are amendments not relevant to these Regulations.
83.—(1) Paragraphs (2) to (4) apply to a licence which—
(a)was granted, or deemed to be granted, by the Treasury under regulation 10 of the 2010 Regulations,
(b)was in effect immediately before the relevant date, and
(c)authorises conduct which would (on and after the relevant date, and in the absence of paragraphs (2) to (4)) be prohibited under Part 3 (Finance),
and such a licence is referred to in this regulation as “an existing financial sanctions licence”.
(2) An existing financial sanctions licence which authorises an act which would otherwise be prohibited has effect on and after the relevant date as if it had been issued by the Treasury under regulation 47 (Treasury licences).
(3) Any reference in an existing financial sanctions licence to the EU Somalia Regulation 1 or 2 or the 2010 Regulations is to be treated on and after the relevant date as a reference to these Regulations.
(4) Any reference in an existing financial sanctions licence to a prohibition in—
(a)the 2010 Regulations, or
(b)the EU Somalia Regulation 1 or 2,
is to be treated on and after the relevant date as a reference to the corresponding prohibition in Part 3.
(5) Paragraph (6) applies where—
(a)an application for a licence, or for the variation of a licence, under the 2010 Regulations was made before the relevant date,
(b)the application is for the authorisation of conduct which would (on and after the relevant date) be prohibited under Part 3, and
(c)a decision to grant or refuse the application has not been made before that date.
(6) The application is to be treated on and after the relevant date as an application for a licence, or for the variation of a licence (as the case may be), under regulation 47(1) .
(7) In this regulation—
“the 2010 Regulations” means the Somalia (Asset-Freezing) Regulations 2010;
“the relevant date” means—
where regulations under section 56 of the Act provide that Part 3 comes into force at a specified time on a day, that time on that day;
otherwise, the date on which Part 3 comes into force.
Commencement Information
I82Reg. 83 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
84.—(1) Paragraph (2) applies in relation to each licence or authorisation granted by the Secretary of State which—
(a)was in effect immediately before the relevant date, and
(b)authorises an act—
(i)which would otherwise be prohibited by any provision of the Export Control Order 2008 except article 20 of that Order (embargoed destinations), and
(ii)which would (on and after the relevant date, and in the absence of paragraph (2)) be prohibited by Part 5 (Trade),
and such a licence or authorisation is referred to in this regulation as “an existing trade licence”.
(2) A licence is deemed to have been issued by the Secretary of State at the beginning of the relevant date under regulation 48 (trade licences)—
(a)disapplying every provision of Part 5 which would, in the absence of this paragraph, prohibit any act authorised by the existing trade licence, and
(b)otherwise in the same terms as the existing trade licence.
(3) Paragraphs (4) to (6) apply to a licence or authorisation granted by the Secretary of State which—
(a)was in effect immediately before the relevant date,
(b)is not an existing trade licence, and
(c)authorises an act—
(i)which would otherwise be prohibited by either—
(aa)the EU Somalia Regulation 1 or 2, or
(bb)the Somalia (United Nations) Sanctions Order 2002, and
(ii)which would (on and after the relevant date, and in the absence of paragraphs (4) to (6)) be prohibited by Part 5,
and such a licence or authorisation is referred to in this regulation as “an existing trade sanctions licence”.
(4) 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 Secretary of State under regulation 48.
(5) Any reference in an existing trade sanctions licence to a provision of the Somalia (United Nations Sanctions) Order 2002, the Export Control (Somalia) Order 2011 or the Export Control Order 2008 is to be treated on and after the relevant date as a reference to the corresponding provision of these Regulations (if any).
(6) Any reference in an existing trade sanctions licence to a prohibition in the EU Somalia Regulation 1 or 2 is to be treated on and after the relevant date as a reference to the corresponding prohibition in Part 5.
(7) In this regulation, “the relevant date” means—
(a)where regulations under section 56 of the Act provide that Part 5 comes into force at a specified time on a day, that time on that day;
(b)otherwise, the date on which Part 5 comes into force.
Commencement Information
I83Reg. 84 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
85.—(1) Paragraph (2) applies where—
(a)an application was made before the relevant date for a licence or authorisation under or pursuant to the Export Control Order 2008,
(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 including an application for a licence under regulation 48 (trade licences).
(3) Paragraph (4) applies where—
(a)an application was made before the relevant date for a licence or authorisation under the Export Control (Somalia) Order 2011, the Somalia (United Nations Sanctions) Order 2002 or the EU Somalia Regulation 1 or 2,
(b)the application is for authorisation of an act prohibited by Part 5, and
(c)a decision to grant or refuse the application has not been made before the relevant date.
(4) The application is to be treated on and after the relevant date as an application for a licence under regulation 48.
(5) In this regulation, “the relevant date” means—
(a)where regulations under section 56 of the Act provide that Part 5 comes into force at a specified time on a day, that time on that day;
(b)otherwise, the date on which Part 5 comes into force.
Commencement Information
I84Reg. 85 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
86.—(1) Where—
(a)a person was named in Annex I of the EU Somalia Regulation 2 immediately before the relevant date, and
(b)the person is a designated person immediately before the relevant date,
any reference in a provision mentioned in paragraph (3) to the date on which a person became a designated person is to be read as a reference to the date on which the person was so named.
(2) Where, immediately before the relevant date, a person was named by the Security Council or the Committee for the purposes of paragraph 3 of resolution 1844, any reference in a provision mentioned in paragraph (3) to the date on which a person became a designated person is to be read as a reference to the date on which the person was so named.
(3) The provisions referred to in paragraphs (1) and (2) are—
(a)regulation 43(5) (finance: exceptions from prohibitions), and
(b)paragraph 6(b)(i) of Schedule 3 (Treasury licences: purposes).
(4) In this regulation—
“designated person” has the same meaning as it has in Part 3 (Finance);
“the relevant date” means—
where regulations under section 56 of the Act provide that Part 3 comes into force at a specified time on a day, that time on that day;
otherwise, the date on which Part 3 comes into force.
Commencement Information
I85Reg. 86 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
Ahmad
Minister of State
Foreign and Commonwealth Office
Regulation 7(3)
1.—(1) The rules set out in the following paragraphs of this Schedule apply for the purpose of interpreting regulation 7(2).
(2) They also apply for the purpose of interpreting this Schedule.
Commencement Information
I86Sch. 1 para. 1 in force at 14.12.2020 by S.I. 2020/1514, reg. 12(1)
2. If two or more persons each hold a share or right jointly, each of them is treated as holding that share or right.
Commencement Information
I87Sch. 1 para. 2 in force at 14.12.2020 by S.I. 2020/1514, reg. 12(1)
3.—(1) If shares or rights held by a person and shares or rights held by another person are the subject of a joint arrangement between those persons, each of them is treated as holding the combined shares or rights of both of them.
(2) A “joint arrangement” is an arrangement between the holders of shares or rights that they will exercise all or substantially all the rights conferred by their respective shares or rights jointly in a way that is pre-determined by the arrangement.
(3) “Arrangement” has the meaning given by paragraph 12.
Commencement Information
I88Sch. 1 para. 3 in force at 14.12.2020 by S.I. 2020/1514, reg. 12(1)
4.—(1) In relation to a person who has a share capital, a reference to holding “more than 50% of the shares” in that person is to holding shares comprised in the issued share capital of that person of a nominal value exceeding (in aggregate) 50% of that share capital.
(2) In relation to a person who does not have a share capital—
(a)a reference to holding shares in that person is to holding a right or rights to share in the capital or, as the case may be, profits of that person;
(b)a reference to holding “more than 50% of the shares” in that person is to holding a right or rights to share in more than 50% of the capital or, as the case may be, profits of that person.
Commencement Information
I89Sch. 1 para. 4 in force at 14.12.2020 by S.I. 2020/1514, reg. 12(1)
5.—(1) A reference to the voting rights in a person is to the rights conferred on shareholders in respect of their shares (or, in the case of a person not having a share capital, on members) to vote at general meetings of the person on all or substantially all matters.
(2) In relation to a person that does not have general meetings at which matters are decided by the exercise of voting rights—
(a)a reference to holding voting rights in the person is to be read as a reference to holding rights in relation to the person that are equivalent to those of a person entitled to exercise voting rights in a company;
(b)a reference to holding “more than 50% of the voting rights” in the person is to be read as a reference to holding the right under the constitution of the person to block changes to the overall policy of the person or to the terms of its constitution.
Commencement Information
I90Sch. 1 para. 5 in force at 14.12.2020 by S.I. 2020/1514, reg. 12(1)
6. In applying regulation 7(2) and this Schedule, the voting rights in a person are to be reduced by any rights held by the person itself.U.K.
Commencement Information
I91Sch. 1 para. 6 in force at 14.12.2020 by S.I. 2020/1514, reg. 12(1)
7. A reference to the right to appoint or remove a majority of the board of directors of a person is to the right to appoint or remove directors holding a majority of the voting rights at meetings of the board on all or substantially all matters.
Commencement Information
I92Sch. 1 para. 7 in force at 14.12.2020 by S.I. 2020/1514, reg. 12(1)
8. A reference to a board of directors, in the case of a person who does not have such a board, is to be read as a reference to the equivalent management body of that person.U.K.
Commencement Information
I93Sch. 1 para. 8 in force at 14.12.2020 by S.I. 2020/1514, reg. 12(1)
9.—(1) A person holds a share “indirectly” if the person has a majority stake in another person and that other person—
(a)holds the share in question, or
(b)is part of a chain of persons—
(i)each of whom (other than the last) has a majority stake in the person immediately below it in the chain, and
(ii)the last of whom holds the share.
(2) A person holds a right “indirectly” if the person has a majority stake in another person and that other person—
(a)holds that right, or
(b)is part of a chain of persons—
(i)each of whom (other than the last) has a majority stake in the person immediately below it in the chain, and
(ii)the last of whom holds that right.
(3) For these purposes, a person (“A”) has a “majority stake” in another person (“B”) if—
(a)A holds a majority of the voting rights in B,
(b)A is a member of B and has the right to appoint or remove a majority of the board of directors of B,
(c)A is a member of B and controls alone, pursuant to an agreement with other shareholders or members, a majority of the voting rights in B, or
(d)A has the right to exercise, or actually exercises, dominant influence or control over B.
(4) In the application of this paragraph to the right to appoint or remove a majority of the board of directors, a person (“A”) is to be treated as having the right to appoint a director if—
(a)any person's appointment as director follows necessarily from that person's appointment as director of A, or
(b)the directorship is held by A itself.
Commencement Information
I94Sch. 1 para. 9 in force at 14.12.2020 by S.I. 2020/1514, reg. 12(1)
10. A share held by a person as nominee for another is to be treated as held by the other (and not by the nominee).
Commencement Information
I95Sch. 1 para. 10 in force at 14.12.2020 by S.I. 2020/1514, reg. 12(1)
11.—(1) Where a person controls a right, the right is to be treated as held by that person (and not by the person who in fact holds the right, unless that person also controls it).
(2) A person “controls” a right if, by virtue of any arrangement between that person and others, the right is exercisable only—
(a)by that person,
(b)in accordance with that person's directions or instructions, or
(c)with that person's consent or concurrence.
Commencement Information
I96Sch. 1 para. 11 in force at 14.12.2020 by S.I. 2020/1514, reg. 12(1)
12. “Arrangement” includes—U.K.
(a)any scheme, agreement or understanding, whether or not it is legally enforceable, and
(b)any convention, custom or practice of any kind.
Commencement Information
I97Sch. 1 para. 12 in force at 14.12.2020 by S.I. 2020/1514, reg. 12(1)
13.—(1) Rights that are exercisable only in certain circumstances are to be taken into account only—
(a)when the circumstances have arisen, and for so long as they continue to obtain, or
(b)when the circumstances are within the control of the person having the rights.
(2) But rights that are exercisable by an administrator or by creditors while a person is subject to relevant insolvency proceedings are not to be taken into account while the person is subject to those proceedings.
(3) “Relevant insolvency proceedings” means—
(a)administration within the meaning of the Insolvency Act 1986 M63,
(b)administration within the meaning of the Insolvency (Northern Ireland) Order 1989 M64, or
(c)proceedings under the insolvency law of another country during which a person's assets and affairs are subject to the control or supervision of a third party or creditor.
(4) Rights that are normally exercisable but are temporarily incapable of exercise are to continue to be taken into account.
Commencement Information
I98Sch. 1 para. 13 in force at 14.12.2020 by S.I. 2020/1514, reg. 12(1)
Marginal Citations
14. Rights attached to shares held by way of security provided by a person are to be treated for the purposes of this Schedule as held by that person—
(a)where apart from the right to exercise them for the purpose of preserving the value of the security, or of realising it, the rights are exercisable only in accordance with that person's instructions, and
(b)where the shares are held in connection with the granting of loans as part of normal business activities and apart from the right to exercise them for the purpose of preserving the value of the security, or of realising it, the rights are exercisable only in that person's interests.
Commencement Information
I99Sch. 1 para. 14 in force at 14.12.2020 by S.I. 2020/1514, reg. 12(1)
Regulation 19
1.—(1) For the purposes of this Schedule—U.K.
(a)a thing “falls within” a commodity code if it is, or would be, classified under that commodity code, as set out in the Goods Classification Table;
(b)a thing “falls within” a chapter if it is, or would be, classified under that chapter, as set out in the Goods Classification Table;
(c)where a commodity code or chapter is preceded by “ex”, the goods specified in this Schedule constitute only a part of the scope of the commodity code or chapter and must fall within both the description given to that code or chapter in this Schedule and the scope of the code or chapter in the Goods Classification Table.
(2) For the purposes of determining whether or not a thing is, or would be, “classified” in accordance with sub-paragraph (1), the rules of interpretation in the following have effect—
(a)Part Two (Goods Classification Table Rules of Interpretation) of the Tariff of the United Kingdom;
(b)notes to a section or chapter of the Goods Classification Table.
(3) For the purposes of this paragraph—
(a)“commodity code” includes a code denoting a heading or sub-heading;
(b)“the Goods Classification Table” means the table so named in Annex I in Part Three of the Tariff of the United Kingdom;
(c)“the Tariff of the United Kingdom” means the document containing the legal classification and import rate for products being imported into the United Kingdom, entitled “The Tariff of the United Kingdom”, as revised or re-issued from time to time M65, including by any document published under regulations made under section 8(1) of the Taxation (Cross-border Trade) Act 2018 M66 replacing the same in whole or in part.
(4) The references in this Schedule to a “CAS No.” followed by a numerical sequence is a reference to the CAS Registry Numbers (CAS numbers) assigned to chemicals by the Chemical Abstracts Service, a division of the American Chemical Society. In some instances chemicals are listed by name and CAS number. The list applies to chemicals of the same structural formula (including hydrates) regardless of name or CAS number. CAS numbers are shown to assist in identifying a particular chemical or mixture, irrespective of nomenclature. CAS numbers cannot be used as unique identifiers because some forms of the listed chemical have different CAS numbers, and mixtures containing a listed chemical may also have different CAS numbers.
(5) For the purposes of this Schedule, the following terms have the meaning given to them in Schedule 2 to the Export Control Order 2008—
(a)“production”;
(b)“required”;
(c)“technology”;
(d)“use”.
Commencement Information
I100Sch. 2 para. 1 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
Marginal Citations
M65https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/837199/Tariff_Reference_Document_8th_October.pdf. A hard copy is available for inspection free of charge at the offices of HMRC at 100 Parliament Street, London, SW1A 2BQ.
M662018 ch. 22.
2. For the purposes of regulation 19(1), “charcoal” means any thing which falls within commodity code 4402.U.K.
Commencement Information
I101Sch. 2 para. 2 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
3.—(1) For the purposes of regulation 19(1), “IED component” means any thing described in sub-paragraphs (2) to (6).U.K.
(2) Equipment and devices specifically designed to initiate explosives by electrical or non-electrical means, including—
(a)firing sets;
(b)detonators;
(c)igniters;
(d)detonating chord.
(3) Technology required for the production or use of any thing mentioned in sub-paragraph (2).
(4) Any thing falling—
(a)within a commodity code or CAS No. in the following table; and
(b)within the description in column 1 beside the relevant commodity code or CAS No.
| Name of the substance | CAS No. | Commodity Code |
|---|---|---|
| F18. . . | F18. . . | F18. . . |
| Ammonium Nitrate Fuel Oil | 6484-52-2 | 3102 30 3102 40 |
| Nitrocellulose (containing more than 12.5% nitrogen w/w) | 9004-70-0 | |
| [F19Nitroglycerin (except when packaged or prepared in individual medicinal doses) | 55-63-0 | ex 2920 90 70] |
| Nitroglycol | 55-63-0 | ex 2920 90 70 |
| Pentaerythritol tetranitrate (PETN) | 78-11-5 | ex 2920 90 70 |
| Picryl chloride | 88-88-0 | ex 2904 99 00 |
| 2, 4, 6- trinotrotoluene (TNT) | 118-96-7 | 2904 20 00 |
[F20(4A) Technology required for the production or use of—
(a)any of the following substances described in sub-paragraph (4) and the table therein—
(i)nitrocellulose (containing more than 12.5% nitrogen w/w);
(ii)nitroglycerin (except when packaged or prepared in individual medicinal doses);
(b)any mixture containing one or more item mentioned in (i) or (ii).]
(5) Any thing falling—
(a)within a commodity code or CAS No. in the following table; and
(b)within the description in column 1 beside the relevant commodity code or CAS No.
| Name of the substance | CAS No. | Commodity Code |
|---|---|---|
| Ammonium nitrate | 6484-52-2 | 3102 30 |
| Potassium nitrate | 7757-79-1 | 2834 21 00 |
| Sodium chlorate | 7775-09-9 | 2829 11 00 |
| Nitric acid | 7697-37-2 | ex 2808 |
| Sulphuric acid | 7664-93-9 | ex 2807 |
(6) Any mixture containing one or more item mentioned in [F21sub-paragraph] (4) or (5).
Textual Amendments
F18Words in Sch. 2 para. 3(4) omitted (2.8.2021) by virtue of The Somalia (Sanctions) (EU Exit) (Amendment) Regulations 2021 (S.I. 2021/823), regs. 1(2), 2(4)(a)(i)
F19Words in Sch. 2 para. 3(4) inserted (2.8.2021) by The Somalia (Sanctions) (EU Exit) (Amendment) Regulations 2021 (S.I. 2021/823), regs. 1(2), 2(4)(a)(ii)
F20Sch. 2 para. 3(4A) inserted (2.8.2021) by The Somalia (Sanctions) (EU Exit) (Amendment) Regulations 2021 (S.I. 2021/823), regs. 1(2), 2(4)(b)
F21Word in Sch. 2 para. 3(6) substituted (2.8.2021) by The Somalia (Sanctions) (EU Exit) (Amendment) Regulations 2021 (S.I. 2021/823), regs. 1(2), 2(4)(c)
Commencement Information
I102Sch. 2 para. 3 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
Regulation 47
1. In this Schedule—U.K.
“designated person” has the same meaning as it has in Part 3 (Finance);
“frozen funds or economic resources” means funds or economic resources frozen by virtue of regulation 12, and any reference to a person's frozen funds or economic resources is to funds or economic resources frozen as a consequence of the designation of that person for the purposes of that regulation.
Commencement Information
I103Sch. 3 para. 1 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
2.—(1) To enable the basic needs of a designated person, or (in the case of an individual) any dependent family member of such a person, to be met.
(2) In the case of an individual, in sub-paragraph (1), “basic needs” includes—
(a)medical needs;
(b)needs for—
(i)food;
(ii)payment of insurance premiums;
(iii)payment of tax;
(iv)rent or mortgage payments;
(v)utility payments.
(3) In the case of a person other than an individual, in sub-paragraph (1), “basic needs” includes needs for—
(a)payment of insurance premiums;
(b)payment of reasonable fees for the provision of property management services;
(c)payment of remuneration, allowances or pensions of employees;
(d)payment of tax;
(e)rent or mortgage payments;
(f)utility payments.
(4) In sub-paragraph (1)—
“dependent” means financially dependent;
“family member” includes—
the wife or husband of the designated person;
the civil partner of the designated person;
any parent or other ascendant of the designated person;
any child or other descendant of the designated person;
any person who is a brother or sister of the designated person, or a child or other descendant of such a person.
Commencement Information
I104Sch. 3 para. 2 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
3. To enable the payment of—
(a)reasonable professional fees for the provision of legal services, or
(b)reasonable expenses associated with the provision of legal services.
Commencement Information
I105Sch. 3 para. 3 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
4. To enable the payment of—
(a)reasonable fees, or
(b)reasonable service charges,
arising from the routine holding or maintenance of frozen funds or economic resources.
Commencement Information
I106Sch. 3 para. 4 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
5. To enable an extraordinary expense of a designated person to be met.
Commencement Information
I107Sch. 3 para. 5 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
6. To enable, by the use of a designated person's frozen funds or economic resources, the implementation or satisfaction (in whole or in part) of a judicial, administrative or arbitral decision or lien, provided that—
(a)the funds or economic resources so used are the subject of the decision or lien,
(b)the decision or lien—
(i)was made or established before the date on which the person became a designated person, and
(ii)is enforceable in the United Kingdom, and
(c)the use of the frozen funds or economic resources does not directly or indirectly benefit any other designated person.
Commencement Information
I108Sch. 3 para. 6 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
7.—(1) To enable anything to be done in order that the functions of a diplomatic mission or consular post or of an international organisation enjoying immunities in accordance with international law may be carried out.
(2) In sub-paragraph (1)—
“consular post” has the same meaning as in the Vienna Convention on Consular Relations done at Vienna on 24 April 1963 M67, and any reference to the functions of a consular post is to be read in accordance with that Convention;
“diplomatic mission” and any reference to the functions of a diplomatic mission are to be read in accordance with the Vienna Convention on Diplomatic Relations done at Vienna on 18 April 1961 M68.
Commencement Information
I109Sch. 3 para. 7 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
Marginal Citations
M67United Nations Treaty Series, vol. 596, p.261.
M68United Nations Treaty Series, vol. 500, p. 95.
8. To enable, by the use of a designated person's frozen funds or economic resources, the satisfaction of an obligation of that person (whether arising under a contract, other agreement or otherwise), provided that—
(a)the obligation arose before the date on which the person became a designated person, and
(b)no payments are made to another designated person, whether directly or indirectly.
Commencement Information
I110Sch. 3 para. 8 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
9. To enable anything to be done to deal with an extraordinary situation.
Commencement Information
I111Sch. 3 para. 9 in force at 31.12.2020 by S.I. 2020/1514, reg. 12(2)
(This note is not part of the Regulations)
These Regulations are made under the Sanctions and Anti-Money Laundering Act 2018 (c.13) to establish a sanctions regime in relation to Somalia for the purpose of giving effect to the United Kingdom's international obligations under United Nations Security Council Resolutions, including, in particular, resolution 733 adopted by the Security Council on 23 January 1992, resolution 1844 adopted by the Security Council on 20 November 2008, resolution 2036 adopted by the Security Council on 22 February 2012, and resolution 2498 adopted by the Security Council on 15 November 2019. The Regulations also have the purpose of promoting the peace, stability and security of Somalia and related purposes.
Following the United Kingdom's withdrawal from the European Union, the Regulations will replace the European Union sanctions regime in relation to Somalia which is currently implemented through and under an EU Council Decision and two Council Regulations.
Part 2 of the Regulations provides that persons who are listed by the UN are designated persons for the purposes of these Regulations. It also confers a power on the Secretary of State to designate persons who are, or have been, involved in the commission of activities connected to terrorism, breaches of international humanitarian law or the commission of serious human rights violations or abuses in Somalia, and other acts that threaten the peace, security or stability of Somalia, or that obstruct or undermine the Federal Government of Somalia. Designated persons are subject to various sanctions measures set out in subsequent Parts of the Regulations.
Part 3 of the Regulations provides for designated persons to be made subject to financial sanctions, including having their funds and/or economic resources frozen.
Persons designated by the UN are “excluded persons” under section 8B of the Immigration Act 1971, meaning generally that they must be refused leave to enter the United Kingdom and leave to remain in the United Kingdom, and any leave that has been granted is invalid. Part 4 of the Regulations provides that persons designated by the Secretary of State are also to be “excluded persons” for these purposes.
Part 5 of the Regulations imposes trade restrictions in relation to Somalia in respect of military goods and military technology, charcoal, and improvised explosive devices (IED) components. It also imposes trade restrictions in relation to designated persons in respect of military goods and technology. The Regulations also impose restrictions on certain activities which enable or facilitate the conduct of armed hostilities in Somalia.
The Regulations provide for certain exceptions to this sanctions regime, in particular in relation to financial sanctions (for example to allow for frozen accounts to be credited with interest or other earnings, or to allow a person to make funds or economic resources available where necessary in connection with certain humanitarian assistance activities) and also acts done for the purpose of national security or the prevention of serious crime. The Regulations also confer powers on the Secretary of State and the Treasury to issue licences in respect of activities that would otherwise be prohibited under the financial and some of the trade sanctions. Schedule 3 to the Regulations sets out the purposes for which the Treasury may issue such licences.
The Regulations prescribe powers for the provision and sharing of information to enable the effective implementation and enforcement of the sanctions regime. The Regulations make it a criminal offence to contravene, or circumvent, any of the prohibitions in the Regulations and set out the penalties that apply to such offences. The Regulations prescribe the mode of trial and penalties that apply to offences under the Regulations. They also provide for the application of similar types of provision in the Customs and Excise Management Act 1979 to certain offences relating to trade.
The Regulations also confer powers on specified maritime enforcement officers to stop and search ships in international and foreign waters for the purpose of enforcing specified trade sanctions and to seize goods found on board ships which are being, or have been, dealt with in contravention, or deemed contravention, of those prohibitions.
Council Regulation (EU) No 356/2010 of 26 April 2010 (imposing certain restrictive measures against certain natural or legal persons, entities or bodies, in view of the situation in Somalia) and Council Regulation (EU) No 147/2003 of 27 January 2003 (concerning restrictive measures in respect of Somalia) are revoked by these Regulations. The Somalia (Asset-Freezing) Regulations 2010, the Export Control (Somalia) Order 2011 and the Somalia (United Nations Sanctions) Order 2002 are also revoked by these Regulations. An amendment is also made by these Regulations to the Schedule to the United Nations and European Union Financial Sanctions (Linking) Regulations 2017.
An Impact Assessment has not been produced for these Regulations, as they are intended to ensure existing sanctions remain in place following the United Kingdom's withdrawal from the European Union. These Regulations are intended to deliver substantially the same policy effects as the existing European Union sanctions. An Impact Assessment was, however, produced for the Sanctions and Anti-Money Laundering Act 2018 and can be found at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/653271/Sanctions_and_Anti-Money_Laundering_Bill_Impact_Assessment_18102017.pdf.