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

Disclosure of information47.

(1)

The Secretary of State, the Treasury or the Commissioners may, in accordance with this regulation, disclose—

(a)

any information obtained under or by virtue of Part 6 (Exceptions and licences), this Part or Part 9 (Maritime enforcement), or

(b)

any information held in connection with—

(i)

anything done under or by virtue of Part 2 (Designation of persons), Part 3 (Finance) or Part 5 (Trade), or

(ii)

any exception or licence under Part 6 or anything done in accordance with such an exception or under the authority of such a licence.

(2)

Information referred to in paragraph (1) may be disclosed for, or in connection with, any of the following purposes—

(a)

any purpose stated in regulation 4 (purposes);

(b)

the exercise of functions under these Regulations;

(c)

facilitating, monitoring or ensuring compliance with these Regulations;

(d)

taking any action with a view to instituting, or otherwise for the purposes of, any proceedings in the United Kingdom—

(i)

for an offence under any provision of these Regulations,

(ii)

for an offence under CEMA in connection with the prohibition mentioned in regulation 20(1) (export of military goods), or

(iii)

in relation to a monetary penalty under section 146 of the Policing and Crime Act 2017 (breach of financial sanctions legislation)26;

(e)

taking any action with a view to instituting, or otherwise for the purposes of, any proceedings in any of the Channel Islands, the Isle of Man or any British overseas territory for an offence—

(i)

under a provision in any such jurisdiction that is similar to a provision of these Regulations, or

(ii)

in connection with a prohibition in any such jurisdiction that is similar to a prohibition referred to in sub-paragraph (d)(ii);

(f)

compliance with an international obligation27;

(g)

facilitating the exercise by an authority outside the United Kingdom or by an international organisation of functions which correspond to functions under these Regulations.

(3)

Information referred to in paragraph (1) may be disclosed to the following persons—

(a)

a police officer;

(b)

any person holding or acting in any office under or in the service of—

(i)

the Crown in right of the Government of the United Kingdom,

(ii)

the Crown in right of the Scottish Government, the Northern Ireland Executive or the Welsh Government,

(iii)

the States of Jersey, Guernsey or Alderney or the Chief Pleas of Sark,

(iv)

the Government of the Isle of Man, or

(v)

the Government of any British overseas territory;

(c)

any law officer of the Crown for Jersey, Guernsey or the Isle of Man;

(d)

the Scottish Legal Aid Board;

(e)

the Financial Conduct Authority, the Prudential Regulation Authority, the Bank of England, the Jersey Financial Services Commission, the Guernsey Financial Services Commission or the Isle of Man Financial Services Authority;

(f)

any other regulatory body (whether or not in the United Kingdom);

(g)

any organ of the United Nations;

(h)

the Council of the European Union, the European Commission or the European External Action Service;

(i)

the Government of any country;

(j)

any other person where the Secretary of State, the Treasury or the Commissioners (as the case may be) consider that it is appropriate to disclose the information.

(4)

Information referred to in paragraph (1) may be disclosed to any person with the consent of a person who, in their own right, is entitled to the information.

(5)

In paragraph (4) “in their own right” means not merely in the capacity as a servant or agent of another person.

(6)

In paragraph (1)(b)—

(a)

the reference to information includes information obtained at a time when any provision of these Regulations is not in force, and

(b)

the reference to a licence under Part 6 includes—

(i)

a licence or authorisation which is treated as if it were a licence which had been issued under that Part, and

(ii)

a licence which is deemed to have been issued under that Part.

27

Section 1(8) of the Sanctions and Anti-Money Laundering Act 2018 defines an “international obligation” as an obligation of the United Kingdom created or arising by or under any international agreement.