The Libya (Sanctions) (Overseas Territories) (Amendment) Order 2023

Statutory Instruments

2023 No. 656

Overseas Territories

Sanctions

The Libya (Sanctions) (Overseas Territories) (Amendment) Order 2023

Made

14th June 2023

Coming into force

15th June 2023

At the Court at Buckingham Palace, the 14th day of June 2023

Present,

The King’s Most Excellent Majesty in Council

His Majesty, in exercise of the powers conferred by section 63(3)(c) and (4) of the Sanctions and Anti-Money Laundering Act 2018(1), is pleased, by and with the advice of His Privy Council, to make the following Order:

Citation, commencement and extent

1.—(1) This Order may be cited as the Libya (Sanctions) (Overseas Territories) (Amendment) Order 2023 and comes into force on 15th June 2023.

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

Amendment of the Libya (Sanctions) (Overseas Territories) Order 2021

2.  Schedule 2 (modifications to be made in the extension of the Libya (Sanctions) (EU Exit) Regulations 2020 to each British overseas territory listed in Schedule 1) to the Libya (Sanctions) (Overseas Territories) Order 2021(2), is amended as follows.

3.  In paragraph 26 (modifications to regulation 48: financial sanctions licences), in paragraph (7) of the substituted text, after “Part 1” insert “or Part 2”.

Richard Tilbrook

Clerk of the Privy Council

Article 1(2)

SCHEDULE British overseas territories

• Anguilla

• British Antarctic Territory

• British Indian Ocean Territory

• Cayman Islands

• Falkland Islands

• Montserrat

• Pitcairn, Henderson, Ducie and Oeno Islands

• St Helena, Ascension and Tristan da Cunha

• South Georgia and the South Sandwich Islands

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

• Turks and Caicos Islands

• Virgin Islands

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes amendments to the Libya (Sanctions) (Overseas Territories) Order 2021 (S.I. 2021/37) (“the Principal Order”).

The Principal Order extends with modifications the Libya (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/1665) (“the Libya sanctions regulations”) as amended from time to time to all British overseas territories except Bermuda and Gibraltar (which implement sanctions under their own legislative arrangements). The Libya sanctions regulations established a sanctions regime in relation to Libya for the purposes of complying with obligations the United Kingdom has by virtue of United Nations Security Council resolutions relating to Libya, and for the purposes of promoting respect for human rights in Libya, promoting the peace, stability and security of Libya, promoting the successful completion of Libya’s political transition, and preventing migrant smuggling and human trafficking from Libya.

This Order makes a correction to paragraph 26 of Schedule 2 of the Principal Order, to specify that the license grounds available in respect of the Libyan Investment Authority and Libyan Africa Investment Portfolio include the purpose of satisfying prior obligations as set out in Part 2 of Schedule 4.

An Impact Assessment has not been prepared for this Order: the territorial extent of both this Order and the Principal Order is the British overseas territories listed in the Schedule to this Order and no, or no significant, impact is foreseen on the private, voluntary or public sector in the United Kingdom.

(1)

2018 c.13. Amendments have been made by the Sentencing Act 2020 (c.17) and the Economic Crime (Transparency and Enforcement) Act 2022 (c.10).

(2)

S.I. 2021/37.