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 2Designation of persons

Notification and publicity where designation power used8.

(1)

Paragraph (2) applies where the Secretary of State—

(a)

has made a designation under regulation 5, or

(b)

has by virtue of section 22 of the Act varied or revoked a designation made under that regulation.

(2)

The Secretary of State—

(a)

must without delay take such steps as are reasonably practicable to inform the designated person of the designation, variation or revocation, and

(b)

must take steps to publicise the designation, variation or revocation.

(3)

The information given under paragraph (2)(a) above where a designation is made must include a statement of reasons.

(4)

In this regulation, a “statement of reasons”, in relation to a designation, means a brief statement of the matters that the Secretary of State knows, or has reasonable grounds to suspect, in relation to the designated person which have led the Secretary of State to make the designation.

(5)

Matters that would otherwise be required by paragraph (4) to be included in a statement of reasons may be excluded from it where the Secretary of State considers that they should be excluded—

(a)

in the interests of national security or international relations,

(b)

for reasons connected with the prevention or detection of serious crime in the United Kingdom or elsewhere, or

(c)

in the interests of justice.

(6)

The steps taken under paragraph (2)(b) above must—

(a)

unless one or more of the restricted publicity conditions is met, be steps to publicise generally—

(i)

the designation, variation or revocation, and

(ii)

in the case of a designation, the statement of reasons;

(b)

if one or more of those conditions is met, be steps to inform only such persons as the Secretary of State considers appropriate of the designation, variation or revocation and (in the case of a designation) of the contents of the statement of reasons.

(7)

The “restricted publicity conditions” are as follows—

(a)

the designation is of a person believed by the Secretary of State to be an individual under the age of 18;

(b)

the Secretary of State considers that disclosure of the designation, variation or revocation should be restricted—

(i)

in the interests of national security or international relations,

(ii)

for reasons connected with the prevention or detection of serious crime in the United Kingdom or elsewhere, or

(iii)

in the interests of justice.

(8)

Paragraph (9) applies if—

(a)

when a designation is made one or more of the restricted publicity conditions is met, but

(b)

at any time when the designation has effect, it becomes the case that none of the restricted publicity conditions is met.

(9)

The Secretary of State must—

(a)

take such steps as are reasonably practicable to inform the designated person that none of the restricted publicity conditions is now met, and

(b)

take steps to publicise generally the designation and the statement of reasons relating to it.