The Chemical Weapons (Asset-Freezing) and Miscellaneous Amendments Regulations 2018

Made: 16th October 2018

Laid before Parliament: 17th October 2018

Coming into force: 7th November 2018

The Treasury are designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to restrictive measures against persons or bodies listed by an international organisation.

These Regulations make provision for a purpose mentioned in section 2(2) of that Act and it appears to the Treasury that it is expedient for any reference to Annex I to Council Regulation (EU) 2018/1542 of 15th October 2018 concerning restrictive measures against the proliferation and use of chemical weapons to be construed as a reference to that Annex as amended from time to time.

The Treasury, in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972, make the following Regulations.

PART 1 — General

Citation, commencement and application

1

• (1) These Regulations may be cited as the Chemical Weapons (Asset-Freezing) and Miscellaneous Amendments Regulations 2018 and come into force on 7th November 2018.

• (2) An offence under these Regulations may be committed by conduct wholly or partly outside the United Kingdom by––

• (a) a UK national, or

• (b) a body incorporated or constituted under the law of any part of the United Kingdom.

• (3) In paragraph (2)––

• “conduct” includes acts and omissions;

• “UK national” means––a British citizen,a British overseas territories citizen who acquired their citizenship from a connection with Gibraltar, ora British subject under Part 4 of the British Nationality Act 1981 (British subjects) with the right of abode in the United Kingdom.

Interpretation

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PART 2 — Funds and economic resources

Freezing of funds and economic resources

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Making funds available to a designated person

4

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Making funds available for the benefit of a designated person

5

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Making economic resources available to a designated person

6

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Making economic resources available for the benefit of a designated person

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Credits to a frozen account

8

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Licences

9

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PART 3 — Offences

Contravention and circumvention of prohibitions

10

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Officers of a body corporate etc

11

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Penalties

12

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Proceedings

13

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Consent to prosecution

14

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PART 4 — Miscellaneous

Information provisions

15

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Notices

16

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The Crown

17

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PART 5 — Amendments

Amendment to subordinate legislation

18

In the European Union Financial Sanctions (Amendment of Information Provisions) Regulations 2017 , omit regulation 17(4).

Amendment to the Ukraine (European Union Financial Sanctions) Regulations 2014

19

In paragraph 1(3)(b) of the Schedule (information provisions) to the Ukraine (European Union Financial Sanctions) Regulations 2014 , after “institution” insert “ or relevant business or profession ”.

SCHEDULE

INFORMATION PROVISIONS

Reporting obligations of relevant institutions and others

1

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Powers to request information

2

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Production of documents

3

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Failure to comply with request for information

4

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General power to disclose information

5

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Application of provisions

6

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Signed

Rebecca Harris — Mike Freer — Two of the Lords Commissioners of Her Majesty's Treasury — 2018-10-16

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: S.I. 2010/1834.

[^f00002]: 1972 c.68. Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1)(a) and the European Union (Amendment) Act 2008 (c.7), section 3(3) and Schedule, Part 1. Paragraph 1(1)(d) of Schedule 2 to the 1972 Act is modified by section 144 of the Policing and Crime Act 2017 (c.3), in relation to the exercise of the powers conferred by section 2(2) of the 1972 Act, for the purposes of implementing, or otherwise in relation to, EU obligations created or arising by or under an EU financial sanctions Regulation, as defined by section 143 of the 2017 Act. Paragraph 1A of Schedule 2 to the 1972 Act was inserted by the Legislative and Regulatory Reform Act 2006, section 28 and amended by S.I. 2007/1388 and the European Union (Amendment) Act 2008, Schedule, Part 1.

[^f00003]: OJ L 259, 16.10.2018, p.12.

[^f00004]: 1981 c.61. Part 4 was amended by the British Overseas Territories Act 2002 (c.8), section 1(1)(b) and the Nationality, Immigration and Asylum Act 2002 (c.41), sections 15 and 161, Schedule 2, paragraph 1(i) and Schedule 9.

[^f00005]: 2000 c.8.

[^f00006]: Part 4A was inserted by the Financial Services Act 2012 (c.21), section 11(2) and amended most recently by S.I. 2018/546.

[^f00007]: As amended by S.I. 2006/3221 and S.I. 2013/3115.

[^f00008]: As amended by S.I. 2003/2066, S.I. 2007/3253, S.I. 2012/1906, S.I. 2013/1881 and S.I. 2015/575.

[^f00009]: As amended by S.I. 2007/126, S.I. 2007/3253, S.I. 2012/1906 and S.I. 2017/701.

[^f00010]: Section 22 was amended by the Financial Services Act 2012, section 7(1), the Financial Guidance and Claims Act 2018 (c.10), section 27(1) and (4) (prospectively) and S.I. 2018/135.

[^f00011]: Schedule 2 was amended by the Regulation of Financial Services (Land Transactions) Act 2005 (c.24), section 1, the Dormant Bank and Building Society Accounts Act 2008 (c.31), section 15, Schedule 2, paragraph 1, the Financial Services Act 2012, section 7(2) to (5) and section 8, the Financial Guidance and Claims Act 2018, section 27(1) and (13) (prospectively) and S.I. 2013/1881; it is prospectively amended by S.I. 2018/135.

[^f00012]: 2003 c.44.

[^f00013]: 1995 c.46.

[^f00014]: 1947 c.44.

[^f00015]: S.I. 2017/754.

[^f00016]: S.I. 2014/507; amended by S.I. 2017/560 and S.I. 2017/754.

[^f00017]: 2006 c.46. Section 1210 was amended by S.I. 2008/565, S.I. 2008/567, S.I. 2008/1950, S.I. 2012/1809, S.I. 2013/3115, S.I. 2017/516 and S.I. 2017/1164.

[^f00018]: 2014 c.2.

[^f00019]: 2005 c.19.

[^f00020]: 1979 c.38. Section 1 was amended by paragraph 40 of Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73), paragraph 42 of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c.11), paragraph 28 of Schedule 2 to the Planning (Consequential Provisions) (Scotland) Act 1997 (c.11), section 70 of the Enterprise and Regulatory Reform Act 2013 (c.24) and S.I. 2001/1283.

[^f00021]: 2016 c.25. Section 1(5)(b)(ii) was substituted by the Data Protection Act 2018 (c.12), Schedule 19, paragraphs 198 and 199; section 10 was amended by S.I. 2017/730; sections 58(4), 106(11), 107(2) and 133(3) were amended by the Policing and Crime Act 2017 (c.3), Schedule 9, paragraph 74; section 199(2) was substituted by the Data Protection Act 2018, Schedule 19, paragraphs 198 and 200; section 202 was amended by the same Act, Schedule 19, paragraphs 198 and (prospectively) 201; and section 206 was also amended by the same Act, Schedule 19, paragraphs 198 and 202.

[^f00022]: 2000 c.23. Part 1 has been substantially amended, most recently by the Sanctions and Anti-Money Laundering Act 2018 (c.13).

[^f00023]: 2018 c.12.

INFORMATION PROVISIONS

Reporting obligations of relevant institutions and others

Powers to request information

Production of documents

Failure to comply with request for information

General power to disclose information

Application of provisions

Editorial notes

[^c23420551]: S.I. 2010/1834.

[^c23420561]: 1972 c.68. Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1)(a) and the European Union (Amendment) Act 2008 (c.7), section 3(3) and Schedule, Part 1. Paragraph 1(1)(d) of Schedule 2 to the 1972 Act is modified by section 144 of the Policing and Crime Act 2017 (c.3), in relation to the exercise of the powers conferred by section 2(2) of the 1972 Act, for the purposes of implementing, or otherwise in relation to, EU obligations created or arising by or under an EU financial sanctions Regulation, as defined by section 143 of the 2017 Act. Paragraph 1A of Schedule 2 to the 1972 Act was inserted by the Legislative and Regulatory Reform Act 2006, section 28 and amended by S.I. 2007/1388 and the European Union (Amendment) Act 2008, Schedule, Part 1.

[^c23420571]: OJ L 259, 16.10.2018, p.12.

[^c23420581]: 1981 c.61. Part 4 was amended by the British Overseas Territories Act 2002 (c.8), section 1(1)(b) and the Nationality, Immigration and Asylum Act 2002 (c.41), sections 15 and 161, Schedule 2, paragraph 1(i) and Schedule 9.

[^c23420691]: S.I. 2017/754.

[^c23420701]: S.I. 2014/507; amended by S.I. 2017/560 and S.I. 2017/754.

[^key-507f1e497326768f0247bd1a88dabd22]: Pts. 2-4 omitted (31.12.2020) by virtue of The Chemical Weapons (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/618), regs. 1(2), 39(3); S.I. 2019/627, reg. 14(2) 2020 c. 1, Sch. 5 para. 1(1)

[^key-8559adbaa8f6523ac78e44c6dd93bfa4]: Reg. 2 omitted (31.12.2020) by virtue of The Chemical Weapons (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/618), regs. 1(2), 39(2); S.I. 2019/627, reg. 14(2) 2020 c. 1, Sch. 5 para. 1(1)