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 10Supplementary and final provision

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.