The Protection of Trading Interests (Authorisation) Regulations 2021

Statutory Instruments

2021 No. 132

Protection Of Trading Interests

Trade

The Protection of Trading Interests (Authorisation) Regulations 2021

Made

at 9.00 p.m. on 5th February 2021

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 U.K.

1.  These Regulations may be cited as the Protection of Trading Interests (Authorisation) Regulations 2021.

Commencement Information

I1 Reg. 1 in force at 5.2.2021 at 9.00 p.m., see made date

[F1 Interpretation U.K.

2.   In these Regulations—

“the Helms-Burton Act” means the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996F2 ;

“[F3 the United States sanctions 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 therefromF4 that relate to Iran as follows—

(a)

the Iran Sanctions Act of 1996F5 ;

(b)

the Iran Freedom and Counter-Proliferation Act of 2012F6 ;

(c)

section 1245 of the National Defense Authorization Act for Fiscal Year 2012F7 ;

(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 IranF8 ; and

(e)

the Iranian Transactions and Sanctions RegulationsF9 .]

[F10 “the United States Cuban Assets Control Regulations” means the Cuban Assets Control RegulationsF11 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;]

Textual Amendments

F1 Reg. 2 substituted (10.5.2022 at 9.35 a.m.) by The Protection of Trading Interests (Authorisation) (Amendment) Regulations 2022 (S.I. 2022/545), reg. 3

F2 22 U.S.C. §§ 6021-6091.

F3 Words in reg. 2 substituted (27.7.2022 at 9:00 a.m.) by The Protection of Trading Interests (Authorisation) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/873), reg. 3(b)

F4 EUR 1996/2271, amended by S.I. 2020/1660.

F5 50 U.S.C. § 1701.

F6 22 U.S.C. §§ 8801-8811.

F7 22 U.S.C. § 8513a.

F8 22 U.S.C. §§ 8701-8785.

F9 31 C.F.R. 560.

F10 Words in reg. 2 inserted (27.7.2022 at 9:00 a.m.) by The Protection of Trading Interests (Authorisation) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/873), reg. 3(a)

F11 31 C.F.R 515.

[F12 Authorisation to comply with relevant law U.K.

3.   A person specified under the column headed “Authorised Person” in the Table in the Schedule is, for the purpose specified under the column headed “Authorised Purpose” in the same row in the Table in the Schedule, authorised to comply with any requirement or prohibition based on or resulting, directly or indirectly, from a law specified under the column headed “Relevant Law” in the same row in the Table in the Schedule, or from actions based thereon or resulting therefrom.]

Textual Amendments

F12 Reg. 3 substituted (27.7.2022 at 9:00 a.m.) by The Protection of Trading Interests (Authorisation) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/873), reg. 4

Authorisation to comply with the laws relating to Iran U.K.

F13 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Reg. 4 omitted (27.7.2022 at 9:00 a.m.) by virtue of The Protection of Trading Interests (Authorisation) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/873), reg. 5

Signed by authority of the Secretary of State for International Trade

Ranil Jayawardena

Parliamentary Under Secretary of State

Department for International Trade

Regulation 3

[F14 SCHEDULE U.K. Authorisations

Textual Amendments

F14 Sch. substituted for Schs. 1 and 2 (27.7.2022 at 9:00 a.m.) by The Protection of Trading Interests (Authorisation) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/873), Sch.

No.	Authorised Person	Authorised Purpose	Relevant Law
1	Imperial Brands plc, a public limited company registered in England and Wales (company number 3236483)	Filing and litigating a motion to dismiss the complaint brought before the federal judiciary of the United States of America under Title III of the Helms-Burton Act in which Imperial Brands plc is named as a defendant (case number 1:20-cv-23287-DPG)	Title III of the Helms-Burton Act (protection of property rights of United States nationals).
2	Three Crowns (Services) LLP, a limited liability partnership registered in England and Wales (company number OC389628)	[F15 Until [F16 31 March 2027]: (a) complying with the licence issued by the United States Office of Foreign Assets Control on 22 March 2021 in which Three Crowns (Services) LLP is named as a licensee (licence number IA-2016-331681-3) (b) applying to the United States Office of Foreign Assets Control to renew the licence issued by the United States Office of Foreign Assets Control on 22 March 2021 in which Three Crowns (Services) LLP is named as a licensee (licence number IA-2016-331681-3) (c) complying with any licences issued by the United States Office of Foreign Assets Control which have the effect of renewing the licence issued by the United States Office of Foreign Assets Control on 22 March 2021 in which Three Crowns (Services) LLP is named as a licensee (licence number IA-2016-331681-3)]	The United States sanctions laws relating to Iran.
3	AlixPartners UK LLP, a limited liability partnership registered in England and Wales (company number OC360308)	Complying with the licence issued by the [F17 United States Office of Foreign Assets Control] on 1 March 2022 to AlixPartners LLP, the parent company of AlixPartners UK LLP (licence number CU-2021-870982-1)	The United States Cuban Assets Control Regulations.]
[F18 4	Agman Holdings Limited, a private limited company registered in England and Wales (company number 03901524) and E D & F Man Holdings Limited, a private limited company registered in England and Wales (company number 03909548)	Until 25 April 2026: (a) complying with the request for documents and information by the U.S. Commodity Futures Trading Commission, in a letter dated 8 August 2023, to the parents and subsidiaries of E D & F Man Holdings Limited (b) complying with the grand jury subpoena issued to E D & F Man Sugar Inc. and E D & F Man Holdings Inc., dated 23 June 2023, by the United States District Court for the Southern District of New York	Title I of the Helms-Burton Act (strengthening international sanctions against the Castro Government) and the United States Cuban Assets Control Regulations.]

Textual Amendments

F15 Words in Sch. substituted (25.1.2023) by The Protection of Trading Interests (Authorisation) (Amendment) Regulations 2023 (S.I. 2023/71), regs. 1(2), 2(2)

F16 Words in Sch. substituted (28.2.2025) by The Protection of Trading Interests (Authorisation) (Amendment) Regulations 2025 (S.I. 2025/225), regs. 1(2), 2(2)

F17 Words in Sch. substituted (25.1.2023) by The Protection of Trading Interests (Authorisation) (Amendment) Regulations 2023 (S.I. 2023/71), regs. 1(2), 2(3)

F18 Words in Sch. inserted (25.4.2024) by The Protection of Trading Interests (Authorisation) (Amendment) Regulations 2024 (S.I. 2024/559), regs. 1(2), 2(2)

SCHEDULE 2 U.K. F14 ...

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which come into force at the time they are made, 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 (EUR 1996/2271, amended by S.I. 2020/1660).

The law of the United States of America referred to in these Regulations may be found online at https://uscode.house.gov/.

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).