The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2024

Amendment of the Democratic People’s Republic of Korea (Sanctions) (EU Exit) Regulations 2019

2.—(1) The Democratic People’s Republic of Korea (Sanctions) (EU Exit) Regulations 2019(1) are amended as follows.

(2) In regulation 2 (interpretation), in the appropriate place insert—

““director disqualification licence” means a licence under regulation 89A;”.

(3) In regulation 5(1) (power to designate persons), after sub-paragraph (a) insert—

“(aa) regulation 33A (Director disqualification sanctions);”.

(4) After regulation 33 (interpretation of Part 4), insert—

“PART 4A Director disqualification sanctions

Director disqualification sanctions

33A.   A person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation is a person subject to director disqualification sanctions for the purposes of—

(a) section 11A of the Company Directors Disqualification Act 1986(2), and

(b) Article 15A of the Company Directors Disqualification (Northern Ireland) Order 2002(3).”.

(5) After regulation 89 (Treasury directions), insert—

“Director disqualification licences

89A.   The Secretary of State may issue a licence in relation to any person who is designated under regulation 5 for the purposes of regulation 33A (director disqualification sanctions) providing that the prohibitions in—

(a) section 11A(1) of the Company Directors Disqualification Act 1986, and

(b) Article 15A(1) of the Company Directors Disqualification (Northern Ireland) Order 2002,

do not apply to anything done under the authority of that licence.”.

(6) In regulation 93(1) (licences: general provisions), after “Treasury licences,” insert director disqualification licences,”.

(7) After regulation 95 (Finance: licensing offences), insert—

“Director disqualification: licensing offences

95A.— (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 director disqualification licence (whether for P or anyone else).

(2) A person who purports to act under the authority of a director disqualification 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.”.

(8) In regulation 108(1)(b)(i) (disclosure of information), after “4 (Finance),” insert “3A (Director disqualification sanctions),”.

(9) In regulation 110(3) (penalties for offences), in the opening words, after “9(6) (confidentiality),” insert “95A (director disqualification: licensing offences),”.

(10) In regulation 115 (trade enforcement: application of CEMA)—

(a) after paragraph (3), insert—

“(3A) The Commissioners(4) may not investigate the suspected commission of a relevant offence(5) listed in paragraph (3B), (3C) or (3D), unless the suspected offence has been the subject of—

(a) a referral to the Commissioners by the Secretary of State, or

(b) a decision by the Commissioners to treat the suspected offence as if it had been referred to them under sub-paragraph (a).

(3B) Paragraph (3A) applies to the suspected commission of an offence under any of the following provisions—

(a) regulation 43(4) (goods and technology for armed forces of the DPRK) insofar as it does not relate to the import or export of goods or the transfer of technology to or from the UK;

(b) regulation 44(6) (armed forces goods and technology) insofar as it does not relate to the import or export of goods or the transfer of technology to or from the UK;

(c) regulation 46(4) (supply and delivery of certain goods to the DPRK);

(d) regulation 47(4) (sale etc. of certain goods) insofar as the offence does not relate to the import or export of goods;

(e) regulation 49(4) (supply and delivery of certain goods from the DPRK);

(f) regulation 50(5) and 50(6) (purchase etc. of certain goods and rights) insofar as the offence does not relate to the import or export of goods;

(g) regulation 51(4) (bank notes and coinage) insofar as the offence does not relate to the import or export of goods;

(h) regulation 52(5) (gold, precious metals or diamonds) insofar as the offence does not relate to the import or export of goods;

(i) regulation 53(3) (technical assistance relating to gold, precious metals or diamonds) insofar as the offence does not relate to the import or export of goods;

(j) regulation 54(5) (financial services and funds relating to gold, precious metals or diamonds) insofar as the offence does not relate to the import or export of goods;

(k) regulation 55(4) and 55(5) (brokering services: non-UK activity relating to gold, precious metals or diamonds) insofar as the offence does not relate to the import or export of goods;

(l) regulation 56(3) (mining, manufacturing and computer services);

(m) regulation 57(4) (financial support for trade) insofar as the offence does not relate to the import or export of goods;

(n) regulation 58(3) (leasing or chartering of ships and aircraft);

(o) regulation 59(4) (crew services for ships and aircraft);

(p) regulation 60(3) (ship classification services);

(q) regulation 61(3) (bunkering or ship supply services).

(3C) Paragraph (3A) also applies to the suspected commission of a relevant offence under any of regulations 96(1), 96(2), 106(6) and 107(5) insofar as—

(a) the suspected offence relates to a licence issued under regulation 90 (trade licences), and

(b) the prohibited activity authorised by that licence would, if no licence had been issued, amount to an offence specified in paragraph (3B).

(3D) Paragraph (3A) also applies to the suspected commission of a relevant offence under regulation 62(2) (circumventing etc. prohibitions), insofar as the prohibited activity to which the suspected offence relates is the circumvention of, or enabling or facilitation of a contravention of, a prohibition in relation to an offence specified in paragraph (3B).”;

(b) after paragraph (6) insert—

“(7) Any term in this regulation that is defined in regulation 64 (interpretation of Part 6) bears the same meaning as in that regulation.”.

(1)

S.I. 2019/411, amended by S.I. 2019/843; S.I. 2020/591; S.I. 2020/950; S.I. 2022/500S.I. 2022/819; S.I. 2023/121; and S.I. 2023/149.

(2)

1986 c. 46. Section 11A was inserted by section 36 of the Economic Crime and Corporate Transparency 2023 (c. 56).

(3)

S.I. 2002/3150 (N.I. 4). Article 15A was inserted by section 38 of the Economic Crime and Corporate Transparency Act 2023.

(4)

For the meaning of “the Commissioners”, see regulation 2 of S.I. 2019/135.

(5)

For the meaning of “relevant offence”, see regulation 38A(3) of S.I. 2019/135.