The Protection of Trading Interests (Authorisation) (Amendment) Regulations 2022

Statutory Instruments

2022 No. 545

Protection Of Trading Interests

Trade

The Protection of Trading Interests (Authorisation) (Amendment) Regulations 2022

Made

at 9.35 a.m. on 10th May 2022

The Secretary of State makes the following Regulations in exercise of the powers conferred by Article 5, second paragraph, point (a), of Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom(1).

Citation

1.  These Regulations may be cited as the Protection of Trading Interests (Authorisation) (Amendment) Regulations 2022.

Amendment of the Protection of Trading Interests (Authorisation) Regulations 2021

2.  The Protection of Trading Interests (Authorisation) Regulations 2021(2) are amended as follows.

Substitution of regulation 2 (Interpretation)

3.  For regulation 2 substitute—

“Interpretation

2.   In these Regulations—

“the Helms-Burton Act” means the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996(3);

“the laws relating to Iran” means the laws of the United States of America specified in the Annex to Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom(4) that relate to Iran as follows—

(a)

the Iran Sanctions Act of 1996(5);

(b)

the Iran Freedom and Counter-Proliferation Act of 2012(6);

(c)

section 1245 of the National Defense Authorization Act for Fiscal Year 2012(7);

(d)

section 2 and Titles I to VI of the Iran Threat Reduction and Syria Human Rights Act of 2012 to the extent it relates to Iran(8); and

(e)

the Iranian Transactions and Sanctions Regulations(9).”.

Amendment of regulation 3 (Authorisation to comply with Title III of the Helms-Burton Act)

4.  In regulation 3, for “the Schedule” in both places it occurs, substitute “Schedule 1”.

Insertion of regulation 4

5.  After regulation 3 (Authorisation to comply with Title III of the Helms-Burton Act), insert—

“Authorisation to comply with the laws relating to Iran

4.   The person specified in Part 1 of Schedule 2 is, for the purpose specified in Part 2 of Schedule 2, authorised to comply with any requirement or prohibition based on or resulting from the laws relating to Iran.”.

Amendment of the Schedule (Authorisation to file motion to dismiss)

6.  The existing Schedule becomes Schedule 1 (and, accordingly, for the heading “SCHEDULE” substitute the heading “SCHEDULE 1”).”

Insertion of Schedule 2

7.  After Schedule 1, (Authorisation to file motion to dismiss), as renumbered by these Regulations, insert—

Regulation 4

“SCHEDULE 2 Authorisation to comply with Office of Foreign Assets Control licence

PART 1 Authorised person

Three Crowns (Services) LLP(10).

PART 2 Authorised purpose

Complying with the licence issued by the Office of Foreign Assets Control(11) on 22 March 2021 in which Three Crowns (Services) LLP is named as a licensee (licence number IA-2016-331681-3).”.

Signed by authority of the Secretary of State for International Trade

Penny Mordaunt

Minister of State

Department for International Trade

At 9.35 a.m. on 10th May 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which come into force at the time they are made, amend the Protection of Trading Interests (Authorisation) Regulations 2021 (S.I. 2021/132).

The amendments authorise compliance by a specified person, for a specified purpose, with a requirement or prohibition referred to in the first paragraph of Article 5 of Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom, amended by S.I. 2020/1660.

Laws of the United States of America may be found online at https://uscode.house.gov/ (for Acts) or https://ecfr.federalregister.gov/ (for Regulations).

The Office of Foreign Assets Control (“OFAC”) is part of the United States Department of the Treasury. Licences issued by OFAC are not readily available to the public.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary, or public sector is foreseen.

(1)

EUR 1996/2271, amended by S.I. 2020/1660. EUR 1996/2271 was incorporated into domestic law at 11 p.m. on 31st December 2020 under section 3 of the European Union (Withdrawal) Act 2018 (c. 16).

(2)

S.I. 2021/132.

(3)

22 U.S.C. §§ 6021-6091.

(4)

EUR 1996/2271, amended by S.I. 2020/1660.

(5)

50 U.S.C. § 1701.

(6)

22 U.S.C. §§ 8801-8811.

(7)

22 U.S.C. § 8513a.

(8)

22 U.S.C. §§ 8701-8785.

(9)

31 C.F.R. 560.

(10)

Three Crowns (Services) LLP is a limited liability partnership registered in England and Wales (company number OC389628).

(11)

The Office of Foreign Assets Control (OFAC) is part of the United States Department of the Treasury.