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

General trade licences: records45.

(1)

This regulation applies in relation to a person (“P”) who does any act authorised by a general licence issued under regulation 34 (trade licences) (“the licence”).

(2)

P must keep a register or record containing such details as may be necessary to allow the following information to be identified in relation to each act done under the authority of the licence—

(a)

a description of the act;

(b)

a description of any goods, technology, services or funds to which the act relates;

(c)

the date of the act or the dates between which the act took place;

(d)

the quantity of any goods or funds to which the act relates;

(e)

P’s name and address;

(f)

the name and address of any consignee of goods to which the act relates or any recipient of technology, services or funds to which the act relates;

(g)

in so far as it is known to P, the name and address of the end-user of the goods, technology, services or funds to which the act relates;

(h)

if different from P, the name and address of the supplier of any goods to which the act relates;

(i)

any further information required by the licence.

(3)

The register or record relating to an act must be kept until the end of the calendar year in which the register or record is created and for a further period of 4 years from the end of that calendar year.

(4)

P must notify the Secretary of State in writing of P’s name and the address at which the register or record may be inspected, and must make a further such notification if those details change.

(5)

A notification under paragraph (4) must be given no later than 30 days after—

(a)

P first does any act authorised by the licence, or

(b)

there is any change to the details previously notified.

(6)

A person who fails to comply with a requirement in paragraph (2), (3) or (4) commits an offence.