The Haiti (Sanctions) (Amendment) Regulations 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made under the Sanctions and Anti-Money Laundering Act 2018 (c. 13) for the purposes of implementing obligations that the United Kingdom has by virtue of the arms embargo contained in UN Security Council Resolution 2653 (2022) adopted by the UN Security Council on 21st October 2022, as amended by UN Security Council resolution 2699 (2023) adopted by the Security Council on 2nd October 2023, and resolution 2700 (2023) adopted by UN Security Council on 19th October 2023. These Regulations amend the purposes of the Haiti (Sanctions) Regulations 2022 (“the 2022 Regulations”) to refer to these resolutions.

Resolutions 2699 (2023) and 2700 (2023) introduce an arms embargo on the export of “small arms and light weapons and ammunition” to Haiti. This replaces the targeted arms embargo imposed in Resolution 2653 (2022) in respect of persons designated under that Resolution. The term “small arms, light weapons and ammunition” is defined in the Schedule to these Regulations, which introduces a Schedule 1A into 2022 Regulations, by reference to certain parts of Schedules 2 and 3 to the Export Control Order 2008.

A licensing power is inserted by regulation 11, which will enable the export, supply or delivery or making available of goods on a case-by-case basis where that would be consistent with resolutions 2699 (2023) and 2700 (2023). Regulations 12 and 13 create a series of obligations in connection with trade licences and establish criminal offences for breach of them. Specifically, they introduce regulations 30A, 36A and 36B into the 2022 Regulations.

Given that resolutions 2699 (2023) and 2700 (2023) do not include restrictions on the export of military technology and prohibitions on the enabling of armed hostilities, regulation 10 of these Regulations omits regulations 18-22 of the 2022 Regulations.

A full impact assessment has not been produced for these Regulations as no, or no significant, impact is foreseen on the private, voluntary or public sectors in the United Kingdom. A de minimis assessment has been prepared as this instrument is likely to entail some costs for businesses, but the net impact is estimated to be below £5 million per year. A full impact assessment was, however, produced for the Sanctions and Anti-Money Laundering Act 2018 and can be found at:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/653271/Sanctions_and_Anti-Money_Laundering_Bill_Impact_Assessment_18102017.pdf.