SCHEDULE 2

Modifications to be made in the extension of the Myanmar (Sanctions) Regulations 2021 to each British overseas territory listed in Schedule 1
21
For regulation 43 (exception for acts done for purposes of national security or prevention of serious crime), substitute—
43
1
Where an act would, in the absence of this paragraph, be prohibited by the prohibition in regulation 9(2) (confidentiality) or any prohibition in Part 3 (Finance) or Part 5 (Trade), that prohibition does not apply to the act if the act is one which—
a
a responsible officer has determined would be in the interests of—
i
national security, or
ii
the prevention or detection of serious crime in the United Kingdom or elsewhere, or
b
the Governor, with the consent of the Secretary of State, has determined would be in the interests of the prevention or detection of serious crime in the Territory.
2
Where, in the absence of this paragraph, a thing would be required to be done under or by virtue of a provision of Part 7 (Information and records) or Part 9 (Maritime enforcement), that requirement does not apply if—
a
a responsible officer has determined that not doing the thing in question would be in the interests of—
i
national security, or
ii
the prevention or detection of serious crime in the United Kingdom or elsewhere, or
b
the Governor, with the consent of the Secretary of State, has determined that not doing the thing in question would be in the interests of the prevention or detection of serious crime in the Territory.
3
In this regulation, “responsible officer” means a person in the service of the Crown or holding office under the Crown in the United Kingdom, acting in the course of that person’s duty.