The Extraterritorial US Legislation (Sanctions against Cuba, Iran and Libya) (Protection of Trading Interests) (Amendment) (EU Exit) Regulations 2022

Draft Regulations laid before Parliament under paragraph 1(3) of Schedule 7 to the European Union (Withdrawal) Act 2018, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2022 No.

Exiting The European Union

Protection Of Trading Interests

Trade

The Extraterritorial US Legislation (Sanctions against Cuba, Iran and Libya) (Protection of Trading Interests) (Amendment) (EU Exit) Regulations 2022

Made

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Coming into force

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The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018(1).

In accordance with paragraph 1(3) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Extraterritorial US Legislation (Sanctions against Cuba, Iran and Libya) (Protection of Trading Interests) (Amendment) (EU Exit) Regulations 2022 and come into force on the day after the day on which they are made.

(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Amendment of the Extraterritorial US Legislation (Sanctions against Cuba, Iran and Libya) (Protection of Trading Interests) Order 1996

2.—(1) In article 4 of the Extraterritorial US Legislation (Sanctions against Cuba, Iran and Libya) (Protection of Trading Interests) Order 1996(2), for paragraph (4), substitute—

“(4) Section 30(3) of the Small Business, Enterprise and Employment Act 2015(3) requires that a review carried out under this article of any regulatory provision which implements an international obligation of the United Kingdom must, so far as is reasonable, have regard to how the obligation is implemented in other countries which are subject to the obligation.”.

Signed by authority of the Secretary of State for International Trade

Name

Title

Department for International Trade

Date

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16) (“the 2018 Act”) to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union. In particular, these Regulations address deficiencies under paragraphs (a), (c), (d) and (g) of section 8(2) of the 2018 Act.

These Regulations amend article 4(4) of the Extraterritorial US Legislation (Sanctions against Cuba, Iran and Libya) (Protection of Trading Interests) Order 1996 (S.I. 1996/3171, as amended by S.I. 2018/1357). Article 4(4) referred to a version of section 30(3) of the Small Business, Enterprise and Employment Act 2015 (c. 26) that has been superseded due to changes made to that section by paragraph 36 of Schedule 8 to the 2018 Act.

An 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)

2018 c. 16. Section 8 was amended by section 27 of the European Union (Withdrawal Agreement) Act 2020 (c. 1) and paragraph 21 of Schedule 7 was amended by paragraph 53 of Schedule 5 to that Act.

(2)

S.I. 1996/3171, as amended by S.I. 2018/1357; there is another amending instrument but it is not relevant.

(3)

2015 c. 26. Section 30(3) was amended by paragraph 36 of Schedule 8 to the European Union (Withdrawal) Act 2018 (c. 16) and section 19 of the Enterprise Act 2016 (c. 12).