in relation to a body incorporated or constituted under the law of a country other than the United Kingdom, includes a reference to the body’s principal office in the United Kingdom (if any).

(6)

In this regulation—

“proper officer”—

(a)

in relation to a body other than a partnership, means the secretary or other executive officer charged with the conduct of the body’s general affairs, and

(b)

in relation to a partnership, means a partner or a person who has the control or management of the partnership business;

“registered company” means a company registered under the enactments relating to companies for the time being in force in the United Kingdom.

Trade: overlapping offences65.

A person is not to be taken to commit an offence under the Export Control Order 2008 if the person would, in the absence of this regulation, commit an offence under both—

(a)

article 34, 37 or 38 of that Order53, and

(b)

any provision of Part 5 (Trade) or regulation 37 (trade: licensing offences), 45(6) or 46(5) (information offences in connection with general trade licences).

Revocations66.

(1)

Council Regulation (EU) No 1352/2014 of 18 December 2014, concerning restrictive measures in view of the situation in Yemen54 is revoked.

(2)

The Yemen (European Union Financial Sanctions) Regulations 201455 are revoked.

(3)

The Export Control (Yemen Sanctions) Regulations 201556 are revoked.

Amendment of the United Nations and European Union Financial Sanctions (Linking) Regulations 201767.

In the Schedule to the United Nations and European Union Financial Sanctions (Linking) Regulations 201757, omit the following row from the table—

“United Nations Security Council Resolution 2140 (2014)

Council Regulation (EU) No. 1352/2014 of 18th December 2014 concerning restrictive measures in view of the situation in Yemen.”

Transitional provision: Treasury licences68.

(1)

Paragraphs (2) to (4) apply to a licence which—

(a)

was granted, or deemed to be granted, by the Treasury under regulation 9 of the 2014 Regulations,

(b)

was in effect immediately before the relevant date, and

(c)

authorises conduct which would (on and after the relevant date, and in the absence of paragraphs (2) to (4)) be prohibited under Part 3 (Finance),

and such a licence is referred to in this regulation as “an existing financial sanctions licence”.

(2)

An existing financial sanctions licence which authorises an act which would otherwise be prohibited has effect on and after the relevant date as if it had been issued by the Treasury under regulation 33(1) (Treasury licences).

(3)

Any reference in an existing financial sanctions licence to the 2014 Regulations or the EU Yemen Regulation is to be treated on and after the relevant date as a reference to these Regulations.

(4)

Any reference in an existing financial sanctions licence to a prohibition in—

(a)

the 2014 Regulations, or

(b)

the EU Yemen Regulation,

is to be treated on and after the relevant date as a reference to the corresponding prohibition in Part 3.

(5)

Paragraph (6) applies where—

(a)

an application for a licence, or for the variation of a licence, under the 2014 Regulations was made before the relevant date,

(b)

the application is for the authorisation of conduct which would (on and after the relevant date) be prohibited under Part 3, and

(c)

a decision to grant or refuse the application has not been made before that date.

(6)

The application is to be treated on and after the relevant date as an application for a licence, or for the variation of a licence (as the case may be), under regulation 33(1).

(7)

In this regulation—

“the 2014 Regulations” means the Yemen (European Union Financial Sanctions) Regulations 2014;

“the relevant date” means—

(a)

where regulations under section 56 of the Act provide that Part 3 comes into force at a specified time on a day, that time on that day;

(b)

otherwise, the date on which Part 3 comes into force.

Transitional provision: trade licences69.

(1)

Paragraph (2) applies in relation to each licence or authorisation granted by the Secretary of State which—

(a)

was in effect immediately before the relevant date, and

(b)

authorises an act—

(i)

which would otherwise be prohibited by any provision of the Export Control Order 2008, and

(ii)

which would (on and after the relevant date, and in the absence of paragraph (2)) be prohibited by Part 5 (Trade),

and such a licence or authorisation is referred to in this regulation as “an existing trade licence”.

(2)

A licence is deemed to have been issued by the Secretary of State at the beginning of the relevant date under regulation 34 (trade licences)—

(a)

disapplying every provision of Part 5 which would, in the absence of this paragraph, prohibit any act authorised by the existing trade licence, and

(b)

otherwise in the same terms as the existing trade licence.

(3)

Paragraphs (4) to (6) apply to a licence or authorisation granted by the Secretary of State which—

(a)

was in effect immediately before the relevant date,

(b)

is not an existing trade licence, and

(c)

authorises an act—

(i)

which would otherwise be prohibited by the EU Yemen Regulation, and

(ii)

which would (on or after the relevant date, and in the absence of paragraphs (4) to (6)) be prohibited by Part 5,

and such a licence or authorisation is referred to in this regulation as “an existing trade sanctions licence”.

(4)

An existing trade sanctions licence has effect on and after the relevant date as if it were a licence which had been issued by the Secretary of State under regulation 34.

(5)

Any reference in an existing trade sanctions licence to a provision in the Export Control (Yemen Sanctions) Regulations 2015 or the Export Control Order 2008 is to be treated on and after the relevant date as a reference to the corresponding provision of these Regulations (if any).

(6)

Any reference in an existing trade sanctions licence to a prohibition in the EU Yemen Regulation is to be treated on and after the relevant date as a reference to the corresponding prohibition in Part 5.

(7)

In this regulation, “the relevant date” means—

(a)

where regulations under section 56 of the Act provide that Part 5 comes into force at a specified time on a day, that time on that day;

(b)

otherwise, the date on which Part 5 comes into force.

Transitional provision: pending applications for trade licences70.

(1)

Paragraph (2) applies where—

(a)

an application was made before the relevant date for a licence or authorisation under or pursuant to the Export Control Order 2008,

(b)

the application is for authorisation of an act prohibited by Part 5 (Trade), and

(c)

a decision to grant or refuse the application has not been made before the relevant date.

(2)

The application is to be treated on and after the relevant date as including an application for a licence under regulation 34 (trade licences).

(3)

Paragraph (4) applies where—

(a)

an application was made before the relevant date for a licence or authorisation under the Export Control (Yemen) Regulations 2015 or the EU Yemen Regulation,

(b)

the application is for authorisation of an act prohibited by Part 5, and

(c)

a decision to grant or refuse the application has not been made before the relevant date.

(4)

The application is to be treated on and after the relevant date as an application for a licence under regulation 34.

(5)

In this regulation, “the relevant date” means—

(a)

where regulations under section 56 of the Act provide that Part 5 comes into force at a specified time on a day, that time on that day;

(b)

otherwise, the date on which Part 5 comes into force.

Transitional provision: prior obligations71.

(1)

Where—

(a)

a person was named in Annex I of the EU Yemen Regulation immediately before the relevant date, and

(b)

the person is a designated person immediately before the relevant date,

any reference in a provision mentioned in paragraph (3) to the date on which a person became a designated person is a reference to the date on which the person was so named.

(2)

Where, immediately before the relevant date, a person was named by the Security Council or the Committee for the purposes of paragraph 11 of resolution 2140, any reference in a provision mentioned in paragraph (3) to the date on which a person became a designated person is to be read as a reference to the date on which the person was so named.

(3)

The provisions referred to in paragraph (1) and (2) are—

(a)

regulation 30(5) (finance: exceptions from prohibitions), and

(b)

paragraphs 6(b)(i), 8(a) and 9(a) of Schedule 2 (Treasury licences: purposes).

(4)

In this regulation—

“designated person” has the same meaning as it has in Part 3 (Finance);

“the relevant date” means—

(a)

where regulations under section 56 of the Act provide that Part 3 comes into force at a specified time on a day, that time on that day;

(b)

otherwise, the date on which Part 3 comes into force.