(This note is not part of the Order)
This Order extends to the Isle of Man with modifications the Haiti (Sanctions) Regulations 2022 (“the Haiti Regulations”) (S.I. 2002/1281) as amended from time to time.
Section 63(3)(b) of the Sanctions and Anti-Money Laundering Act 2018 (c. 13) (“the Sanctions Act”) provides that His Majesty may by Order in Council provide for any provision of Part 1 of that Act, or any regulations under Part 1 of that Act, to extend with or without modifications to the Isle of Man. Section 63(4) provides that this includes the power to extend any regulations as amended from time to time.
The Haiti Regulations were made under Part 1 of the Sanctions Act to establish a sanctions regime in relation to Haiti to give effect to the United Kingdom’s international obligations resulting from United Nations Security Council Resolution 2653 (2022) imposing a sanctions regime in view of the situation in Haiti.
The Haiti Regulations, as modified and extended to the Isle of Man by this Order (“the modified Regulations”), provide that those persons designated by the UN as responsible for or complicit in, or having engaged in, directly or indirectly, actions that threaten the peace, security or stability of Haiti are designated for the purposes of these Regulations. Designated persons are subject to various sanctions measures set out in subsequent Parts of the modified Regulations.
Designated persons be made subject to financial sanctions, including having their funds or economic resources frozen.
The modified Regulations impose trade restrictions on military goods and technology and associated services. The modified Regulations provide for certain exceptions to this sanctions regime (for example to allow for frozen accounts to be credited with interest or other earnings and to allow acts done for the purpose of national security or the prevention of serious crime). The Treasury of the Isle of Man may issue a licence in respect of activities that would otherwise be prohibited under the modified Regulations. The modified Regulations also require the Treasury to publish an up-to-date list of designated persons.
The modified Regulations prescribe powers for the provision and sharing of information to enable the effective implementation and enforcement of the sanctions regime. The modified Regulations make it a criminal offence to contravene, or circumvent, any of the prohibitions in the modified Regulations and prescribe the penalties that apply to such offences.
The modified Regulations also confer powers on specified maritime enforcement officers to stop and search ships in international and foreign waters for the purpose of enforcing specified trade sanctions and to seize goods found on board ships which are being, or have been, dealt with in contravention, or deemed contravention, of those prohibitions.
This Order also extends to the Isle of Man for the purposes of the modified Regulations specific provisions of Part 1 of the Sanctions Act, namely provisions relating to guidance about prohibitions and requirements, protection for acts done for purposes of compliance and saving for prerogative powers.
An impact assessment has not been prepared for this instrument because the territorial extent of the instrument and the modified Regulations is the Isle of Man; no, or no significant, impact is foreseen on the private, voluntary or public sector in the United Kingdom.
