The Sanctions Regulations (EU Exit) (Commencement) Regulations 2020

Statutory Instruments

2020 No. 1514 (C. 42)

Exiting The European Union

Sanctions

The Sanctions Regulations (EU Exit) (Commencement) Regulations 2020

Made

10th December 2020

The Secretary of State, in exercise of the powers conferred by section 56 of the Sanctions and Anti-Money Laundering Act 2018(1), makes the following Regulations:

Citation

1.  These Regulations may be cited as the Sanctions Regulations (EU Exit) (Commencement) Regulations 2020.

Commencement of the Burundi (Sanctions) (EU Exit) Regulations 2019

2.—(1) The following provisions of the Burundi (Sanctions) (EU Exit) Regulations 2019(2) come into force on 14th December 2020—

(a) regulation 1 (citation and commencement);

(b) regulation 2 (interpretation);

(c) regulation 4 (purposes);

(d) regulation 5 (power to designate persons);

(e) regulation 6 (designation criteria);

(f) regulation 7 (meaning of “owned or controlled directly or indirectly”);

(g) regulation 8 (notification and publicity where designation power used);

(h) Schedule 1 (rules for interpretation of regulation 7(2)).

(2) All provisions of the Burundi (Sanctions) (EU Exit) Regulations 2019 not mentioned in paragraph (1) come into force on IP completion day(3).

Commencement of the Guinea (Sanctions) (EU Exit) Regulations 2019

3.—(1) The following provisions of the Guinea (Sanctions) (EU Exit) Regulations 2019(4) come into force on 14th December 2020—

(a) regulation 1 (citation and commencement);

(b) regulation 2 (interpretation);

(c) regulation 4 (purposes);

(d) regulation 5 (power to designate persons);

(e) regulation 6 (designation criteria);

(f) regulation 7 (meaning of “owned or controlled directly or indirectly”);

(g) regulation 8 (notification and publicity where designation power used);

(h) Schedule 1 (rules for interpretation of regulation 7(2)).

(2) All provisions of the Guinea (Sanctions) (EU Exit) Regulations 2019 not mentioned in paragraph (1) come into force on IP completion day.

Commencement of the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020

4.  The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020(5) come into force immediately after IP completion day.

Commencement of the Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2020

5.  The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2020(6) come into force immediately after IP completion day.

Commencement of the Cyber (Sanctions) (EU Exit) Regulations 2020

6.—(1) The following provisions of the Cyber (Sanctions) (EU Exit) Regulations 2020(7) come into force on 14th December 2020—

(a) regulation 1 (citation and commencement);

(b) regulation 2 (interpretation);

(c) regulation 4 (purpose);

(d) regulation 5 (power to designate persons);

(e) regulation 6 (designation criteria);

(f) regulation 7 (meaning of “owned or controlled directly or indirectly”);

(g) regulation 8 (notification and publicity where designation power used);

(h) Schedule 1 (rules for interpretation of regulation 7(2)).

(2) All provisions of the Cyber (Sanctions) (EU Exit) Regulations 2020 not mentioned in paragraph (1) come into force on IP completion day.

Commencement of the Bosnia and Herzegovina (Sanctions) (EU Exit) Regulations 2020

7.—(1) The following provisions of the Bosnia and Herzegovina (Sanctions) (EU Exit) Regulations 2020(8) come into force on 14th December 2020—

(a) regulation 1 (citation and commencement);

(b) regulation 2 (interpretation);

(c) regulation 4 (purposes);

(d) regulation 5 (power to designate persons);

(e) regulation 6 (designation criteria);

(f) regulation 7 (meaning of “owned or controlled directly or indirectly”);

(g) regulation 8 (notification and publicity where designation power used);

(h) Schedule 1 (rules for interpretation of regulation 7(2)).

(2) All provisions of the Bosnia and Herzegovina (Sanctions) (EU Exit) Regulations 2020 not mentioned in paragraph (1) come into force on IP completion day.

Commencement of the Nicaragua (Sanctions) (EU Exit) Regulations 2020

8.—(1) The following provisions of the Nicaragua (Sanctions) (EU Exit) Regulations 2020(9) come into force on 14th December 2020—

(a) regulation 1 (citation and commencement);

(b) regulation 2 (interpretation);

(c) regulation 4 (purposes);

(d) regulation 5 (power to designate persons);

(e) regulation 6 (designation criteria);

(f) regulation 7 (meaning of “owned or controlled directly or indirectly”);

(g) regulation 8 (notification and publicity where designation power used);

(h) Schedule 1 (rules for interpretation of regulation 7(2)).

(2) All provisions of the Nicaragua (Sanctions) (EU Exit) Regulations 2020 not mentioned in paragraph (1) come into force on IP completion day.

Commencement of the Lebanon (Sanctions) (EU Exit) Regulations 2020

9.  The Lebanon (Sanctions) (EU Exit) Regulations 2020(10) come into force on IP completion day.

Commencement of the Central African Republic (Sanctions) (EU Exit) Regulations 2020

10.—(1) The following provisions of the Central African Republic (Sanctions) (EU Exit) Regulations 2020(11) come into force on 14th December 2020—

(a) regulation 1 (citation and commencement);

(b) regulation 2 (interpretation);

(c) regulation 4 (purposes);

(d) regulation 5 (power to designate persons);

(e) regulation 6 (criteria for designating a person);

(f) regulation 7 (meaning of “owned or controlled directly or indirectly”);

(g) regulation 8 (notification and publicity where designation power used);

(h) regulation 10 (designation of persons named by or under UN Security Council Resolutions);

(i) regulation 19 (definition of “military goods” and “military technology”);

(j) Schedule 1 (rules for interpretation of regulation 7(2)).

(2) All provisions of the Central African Republic (Sanctions) (EU Exit) Regulations 2020 not mentioned in paragraph (1) come into force on IP completion day.

Commencement of the Lebanon (Sanctions) (Assassination of Rafiq Hariri and others) (EU Exit) Regulations 2020

11.—(1) The following provisions of the Lebanon (Sanctions) (Assassination of Rafiq Hariri and others) (EU Exit) Regulations 2020(12) come into force on 14th December 2020—

(a) regulation 1 (citation and commencement);

(b) regulation 2 (interpretation);

(c) regulation 4 (purposes);

(d) regulation 5 (designation of individual persons named under UN Security Council Resolutions).

(2) All provisions of the Lebanon (Sanctions) (Assassination of Rafiq Hariri and others) (EU Exit) Regulations 2020 not mentioned in paragraph (1) come into force on IP completion day.

Commencement of the Somalia (Sanctions) (EU Exit) Regulations 2020

12.—(1) The following provisions of the Somalia (Sanctions) (EU Exit) Regulations 2020(13) come into force on 14th December 2020—

(a) regulation 1 (citation and commencement);

(b) regulation 2 (interpretation);

(c) regulation 4 (purposes);

(d) regulation 5 (power to designate persons);

(e) regulation 6 (criteria for designating a person);

(f) regulation 7 (meaning of “owned or controlled directly or indirectly”);

(g) regulation 8 (notification and publicity where designation power used);

(h) regulation 10 (designation of persons named by or under UN Security Council Resolutions);

(i) regulation 19 (definitions relating to goods and technology prohibited under Part 5);

(j) Schedule 1 (rules for interpretation of regulation 7(2)).

(2) All provisions of the Somalia (Sanctions) (EU Exit) Regulations 2020 not mentioned in paragraph (1) come into force on IP completion day.

Commencement of the Mali (Sanctions) (EU Exit) Regulations 2020

13.—(1) The following provisions of the Mali (Sanctions) (EU Exit) Regulations 2020(14) come into force on 14th December 2020—

(a) regulation 1 (citation and commencement);

(b) regulation 2 (interpretation);

(c) regulation 4 (purposes);

(d) regulation 5 (power to designate persons);

(e) regulation 6 (designation criteria);

(f) regulation 7 (meaning of “owned or controlled directly or indirectly”);

(g) regulation 8 (notification and publicity where designation power used);

(h) regulation 10 (designation of persons named by or under UN Security Council Resolutions);

(i) Schedule 1 (rules for interpretation of regulation 7(2)).

(2) All provisions of the Mali (Sanctions) (EU Exit) Regulations 2020 not mentioned in paragraph (1) come into force on IP completion day.

Commencement of the Iraq (Sanctions) (EU Exit) Regulations 2020

14.—(1) The following provisions of the Iraq (Sanctions) (EU Exit) Regulations 2020(15) come into force on 14th December 2020—

(a) regulation 1 (citation and commencement);

(b) regulation 2 (interpretation);

(c) regulation 4 (purpose);

(d) regulation 5 (designation of persons named by or under UN Security Council Resolutions).

(2) All provisions of the Iraq (Sanctions) (EU Exit) Regulations 2020 not mentioned in paragraph (1) come into force on IP completion day.

Commencement of the Sudan (Sanctions) (EU Exit) Regulations 2020

15.—(1) The following provisions of the Sudan (Sanctions) (EU Exit) Regulations 2020(16) come into force on 14th December 2020—

(a) regulation 1 (citation and commencement);

(b) regulation 2 (interpretation);

(c) regulation 4 (purposes);

(d) regulation 5 (power to designate persons);

(e) regulation 6 (criteria for designating a person);

(f) regulation 7 (meaning of “owned or controlled directly or indirectly”);

(g) regulation 8 (notification and publicity where designation power used);

(h) regulation 10 (designation of persons named by or under UN Security Council Resolutions);

(i) regulation 19 (definition of “military goods” and “military technology”);

(j) Schedule 1 (rules for interpretation of regulation 7(2)).

(2) All provisions of the Sudan (Sanctions) (EU Exit) Regulations 2020 not mentioned in paragraph (1) come into force on IP completion day.

Commencement of the Afghanistan (Sanctions) (EU Exit) Regulations 2020

16.—(1) The following provisions of the Afghanistan (Sanctions) (EU Exit) Regulations 2020(17) come into force on 14th December 2020—

(a) regulation 1 (citation and commencement);

(b) regulation 2 (interpretation);

(c) regulation 4 (purposes);

(d) regulation 5 (designation of persons named under UN Security Council Resolutions).

(2) All provisions of the Afghanistan (Sanctions) (EU Exit) Regulations 2020 not mentioned in paragraph (1) come into force on IP completion day.

Commencement of the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 3) Regulations 2020

17.  The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 3) Regulations 2020(18) come into force immediately after IP completion day.

Commencement of the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 4) Regulations 2020

18.  The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 4) Regulations 2020(19) come into force immediately after IP completion day.

Commencement of the Syria (United Nations Sanctions) (Cultural Property) (EU Exit) Regulations 2020

19.  The Syria (United Nations Sanctions) (Cultural Property) (EU Exit) Regulations 2020(20) come into force on IP completion day.

Commencement of the Yemen (Sanctions) (EU Exit) (No. 2) Regulations 2020

20.—(1) The following provisions of the Yemen (Sanctions) (EU Exit) (No. 2) Regulations 2020(21) come into force on 14th December 2020—

(a) regulation 1 (citation and commencement);

(b) regulation 2 (interpretation);

(c) regulation 4 (purpose);

(d) regulation 5 (power to designate persons);

(e) regulation 6 (criteria for designating a person);

(f) regulation 7 (meaning of “owned or controlled directly or indirectly”);

(g) regulation 8 (notification and publicity where designation power used);

(h) regulation 10 (designation of persons named by or under UN Security Council Resolutions);

(i) regulation 19 (interpretation of expressions used in this Part);

(j) Schedule 1 (rules for interpretation of regulation 7(2)).

(2) All provisions of the Yemen (Sanctions) (EU Exit) (No. 2) Regulations 2020 not mentioned in paragraph (1) come into force on IP completion day.

Commencement of the Sanctions (EU Exit) (Consequential Provisions) (Amendment) Regulations 2020

21.  The Sanctions (EU Exit) (Consequential Provisions) (Amendment) Regulations 2020(22) come into force immediately after IP completion day.

Commencement of the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 5) Regulations 2020

22.  The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 5) Regulations 2020(23) come into force immediately after IP completion day.

Commencement of the Misappropriation (Sanctions) (EU Exit) Regulations 2020

23.—(1) The following provisions of the Misappropriation (Sanctions) (EU Exit) Regulations 2020(24) come into force on 14th December 2020—

(a) regulation 1 (citation and commencement);

(b) regulation 2 (interpretation);

(c) regulation 4 (purpose);

(d) regulation 5 (power to designate persons);

(e) regulation 6 (designation criteria);

(f) regulation 7 (meaning of “owned or controlled directly or indirectly”);

(g) regulation 8 (notification and publicity where designation power used);

(h) Schedule 1 (rules for interpretation of regulation 7(2)).

(2) All provisions of the Misappropriation (Sanctions) (EU Exit) Regulations 2020 not mentioned in paragraph (1) come into force on IP completion day.

Commencement of the Unauthorised Drilling Activities in the Eastern Mediterranean (Sanctions) (EU Exit) Regulations 2020

24.—(1) The following provisions of the Unauthorised Drilling Activities in the Eastern Mediterranean (Sanctions) (EU Exit) Regulations 2020(25) come into force on 14th December 2020—

(a) regulation 1 (citation and commencement);

(b) regulation 2 (interpretation);

(c) regulation 4 (purpose);

(d) regulation 5 (power to designate persons);

(e) regulation 6 (designation criteria);

(f) regulation 7 (meaning of “owned or controlled directly or indirectly”);

(g) regulation 8 (notification and publicity where designation power used);

(h) Schedule 1 (rules for interpretation of regulation 7(2)).

(2) All provisions of the Unauthorised Drilling Activities in the Eastern Mediterranean (Sanctions) (EU Exit) Regulations 2020 not mentioned in paragraph (1) come into force on IP completion day.

Ahmad

Minister of State

Foreign, Commonwealth and Development Office

10th December 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force the provisions of certain regulations which have been made under Part 1 of the Sanctions and Anti-Money Laundering Act 2018 (“the Act”).

In particular, these Regulations bring into force the sanctions regulations which have been made under section 1 of the Act to establish sanctions regimes in relation to certain countries or thematic issues (“regime regulations”). In accordance with the powers under section 56 of the Act, the Regulations provide that certain provisions of those regime regulations come into force on different days.

Where the regime regulations provide for the designation of persons, the provisions required for a person to be designated for the purposes of those regime regulations (whether by the Secretary of State or the United Nations Security Council and its Sanctions Committees) come into force on 14th December 2020; all other provisions in those regime regulations come into force on IP completion day.

Where the regime regulations do not provide for the designation of persons, their provisions come into force on IP completion day.

These Regulations also provide that a number of instruments which amend or make consequential provision in respect of the regime regulations come into force immediately after IP completion day.

(1)

2018 c.13. The sanctions regulations commenced by this instrument provide that they shall come into force in accordance with regulations made under section 56 of the Act. Section 56(1) of the Act provides for an appropriate Minister to appoint by regulations the day or days on which sanctions regulations made under section 1 of the Act come into force, if that Minister considers it is appropriate to do so in consequence of, or otherwise in connection with, the withdrawal of the United Kingdom from the EU. Section 1(9)(a) of the Act defines an “appropriate Minister” as including the Secretary of State.

(2)

S.I. 2019/1142, prospectively amended by S.I. 2020/590 and S.I. 2020/951.

(3)

Schedule 1 to the Interpretation Act 1978 (c.30) provides that “IP completion day” has the same meaning as in the European Union (Withdrawal Agreement) Act 2020 (c.1) (see section 39(1) to (5) of that Act).

(4)

S.I. 2019/1145, prospectively amended by S.I. 2020/590 and S.I. 2020/951.

(5)

S.I. 2020/590.

(6)

S.I. 2020/591.

(7)

S.I. 2020/597, prospectively amended by S.I. 2020/951.

(8)

S.I. 2020/608, prospectively amended by S.I. 2020/951.

(9)

S.I. 2020/610, prospectively amended by S.I. 2020/951.

(10)

S.I. 2020/612, prospectively amended by S.I. 2020/950.

(11)

S.I. 2020/616, prospectively amended by S.I. 2020/950.

(12)

S.I. 2020/617, prospectively amended by S.I. 2020/950.

(13)

S.I. 2020/642, prospectively amended by S.I. 2020/950.

(14)

S.I. 2020/705, prospectively amended by S.I. 2020/1397.

(15)

S.I. 2020/707.

(16)

S.I. 2020/753.

(17)

S.I. 2020/948, prospectively amended by S.I. 2020/1397.

(18)

S.I. 2020/950.

(19)

S.I. 2020/951.

(20)

S.I. 2020/1233.

(21)

S.I. 2020/1278.

(22)

S.I. 2020/1289.

(23)

S.I. 2020/1397.

(24)

S.I. 2020/1468.

(25)

S.I. 2020/1474.