Legislation – The Yemen (Sanctions) (EU Exit) Regulations 2020

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Introduction

PART 1
General

1 Citation and commencement

2 Interpretation

3 Application of prohibitions and requirements outside the United Kingdom

4 Purpose

PART 2
Designation of persons

5 Power to designate persons

6 Criteria for designating a person

7 Meaning of “owned or controlled directly or indirectly”

8 Notification and publicity where designation power used

9 Confidential information in certain cases where designation power used

10 Designation of persons named by or under UN Security Council Resolutions

PART 3
Finance

11 Meaning of “designated person” in Part 3

12 Asset-freeze in relation to designated persons

13 Making funds available to designated persons

14 Making funds available for benefit of designated persons

15 Making economic resources available to designated persons

16 Making economic resources available for benefit of designated persons

17 Circumventing etc. prohibitions

PART 4
Immigration

18 Immigration

PART 5
Trade

19 Interpretation of expressions used in this Part

20 Export of military goods

21 Supply and delivery of military goods

22 Making military goods and military technology available

23 Transfer of military technology

24 Technical assistance relating to military goods and military technology

25 Financial services and funds relating to military goods and military technology

26 Brokering services: non-UK activity relating to military goods and military technology

27 Enabling or facilitating the conduct of armed hostilities

28 Circumventing etc. prohibitions

29 Defences

PART 6
Exceptions and licences

30 Finance: exceptions from prohibitions

31 Exception for authorised conduct in a relevant country

32 Exception for acts done for purposes of national security or prevention of serious crime

33 Treasury licences

34 Trade licences

35 Licences: general provisions

36 Finance: licensing offences

37 Trade: licensing offences

38 Section 8B(1) to (3) of the Immigration Act 1971: directions

PART 7
Information and records

39 Finance: reporting obligations

40 “Relevant firm”

41 Finance: powers to request information

42 Finance: production of documents

43 Finance: information offences

44 Trade: application of information powers in CEMA

45 General trade licences: records

46 General trade licences: inspection of records

47 Disclosure of information

48 Part 7: supplementary

PART 8
Enforcement

49 Penalties for offences

50 Liability of officers of bodies corporate etc.

51 Jurisdiction to try offences

52 Procedure for offences by unincorporated bodies

53 Time limit for proceedings for summary offences

54 Trade enforcement: application of CEMA

55 Trade offences in CEMA: modification of penalty

56 Application of Chapter 1 of Part 2 of the Serious Organised Crime and Police Act 2005

57 Monetary penalties

PART 9
Maritime enforcement

58 Exercise of maritime enforcement powers

59 Maritime enforcement officers

60 Power to stop, board, search etc.

61 Seizure power

62 Restrictions on exercise of maritime enforcement powers

63 Interpretation of Part 9

PART 10
Supplementary and final provision

64 Notices

65 Trade: overlapping offences

66 Revocations

67 Amendment of the United Nations and European Union Financial Sanctions (Linking) Regulations 2017

68 Transitional provision: Treasury licences

69 Transitional provision: trade licences

70 Transitional provision: pending applications for trade licences

71 Transitional provision: prior obligations

SCHEDULES

SCHEDULE 1 Rules for interpretation of regulation 7(2)

SCHEDULE 2 Treasury licences: purposes

Signature

Explanatory note

PART 7Information and records

Finance: powers to request information41.

(1)

The Treasury may request a designated person to provide information about—

(a)

funds or economic resources owned, held or controlled by or on behalf of the designated person, or

(b)

any disposal of such funds or economic resources.

(2)

The Treasury may request a designated person to provide such information as the Treasury may reasonably require about expenditure—

(a)

by the designated person, or

(b)

for the benefit of the designated person.

(3)

For the purposes of paragraph (2), expenditure for the benefit of a designated person includes expenditure on the discharge (or partial discharge) of a financial obligation for which the designated person is wholly or partly responsible.

(4)

The power in paragraph (1) or (2) is exercisable only where the Treasury believe that it is necessary for the purpose of monitoring compliance with or detecting evasion of any provision of Part 3 (Finance).

(5)

The Treasury may request a person acting under a Treasury licence to provide information about—

(a)

funds or economic resources dealt with under the licence, or

(b)

funds or economic resources made available under the licence.

(6)

The Treasury may request a person to provide information within paragraph (7) if the Treasury believe that the person may be able to provide the information.

(7)

Information within this paragraph is such information as the Treasury may reasonably require for the purpose of—

(a)

establishing for the purposes of any provision of Part 3 (Finance)—

(i)

the nature and amount or quantity of any funds or economic resources owned, held or controlled by or on behalf of a designated person,

(ii)

the nature and amount or quantity of any funds or economic resources made available directly or indirectly to, or for the benefit of, a designated person, or

(iii)

the nature of any financial transactions entered into by a designated person;

(b)

monitoring compliance with or detecting evasion of—

(i)

any provision of Part 3,

(ii)

regulation 39 (finance: reporting obligations), or

(iii)

any condition of a Treasury licence;

(c)

detecting or obtaining evidence of the commission of an offence under Part 3 (Finance) or regulation 36 (finance: licensing offences) or 39.

(8)

The Treasury may specify the way in which, and the period within which, information is to be provided.

(9)

If no such period is specified, the information which has been requested must be provided within a reasonable time.

(10)

A request may include a continuing obligation to keep the Treasury informed as circumstances change, or on such regular basis as the Treasury may specify.

(11)

Information requested under this regulation may relate to any period of time during which a person is, or was, a designated person.

(12)

Information requested by virtue of paragraph (1)(b), (2) or (7)(a)(iii) may relate to any period before a person became a designated person (as well as, or instead of, any subsequent period).

(13)

Expressions used in this regulation have the same meaning as they have in Part 3 (Finance).