(1) Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a relevant prohibition or relevant requirement, the relevant prohibition or relevant requirement is not contravened if the conduct is authorised by a licence, direction or other authorisation which is issued—

(a) under the law of the relevant country, and

(b) for the purpose of—

(i) disapplying a prohibition in that jurisdiction which corresponds to the relevant prohibition, or

(ii) providing that a requirement in that jurisdiction which corresponds to the relevant requirement has effect subject to any exceptions specified in the licence, direction or other authorisation.

(2) In this regulation—

“the financial services provisions” means regulations 18, 20 to 22, and 24 to 30, excluding regulation 26(7);

“relevant country” means—any of the Channel Islands,the Isle of Man, orany British overseas territory;

“relevant prohibition” means a prohibition in—any of regulations 13 to 17 (asset-freeze etc.),the financial services provisions,Chapters 1, 2 and 3 of Part 6 (Trade),regulation 65(1) (movement of aircraft),regulation 69 (ownership etc. of DPRK ships),regulation 70 (dealing with UN-designated ships subject to asset-freeze),regulation 74 (DPRK ships: transfers of goods), orregulation 76 (registration etc. of ships in the DPRK);

“relevant requirement” means a requirement in—regulation 19 (severance of existing financial relationships),regulation 23 (closure of representative offices), orregulation 26(7) (closure of joint venture or co-operative entities).

(3) Nothing in this regulation affects the application of a prohibition or requirement in a case where it would be incompatible with a UN obligation for the prohibition or requirement not to apply.

Exception for acts done for purposes of national security or prevention of serious crime

Treasury licences

Treasury directions

Trade licences

Aircraft licences

Ship licences

Licences: general provisions

Treasury directions: general provisions

Finance: licensing offences

Trade: licensing offences

Ships and aircraft: licensing offences

Section 8B(1) to (3) of Immigration Act 1971: directions

Finance: disclosure to the Treasury

108A

(1) A relevant public authority may disclose information to the Treasury if the disclosure is made for the purpose of enabling or assisting the Treasury to discharge any of its functions in connection with any sanctions regulations contained in these Regulations.

(2) In this regulation—

“relevant public authority” means—any person holding or acting in any office under or in the service of—the Crown in right of the Government of the United Kingdom,the Crown in right of the Scottish Government, the Northern Ireland Executive or the Welsh Government,any local authority,any police officer,the Financial Conduct Authority, the Prudential Regulation Authority, the Bank of England or any other regulatory body in the United Kingdom, orany other person exercising functions of a public nature;

“local authority” means—in relation to England—a county council,a district council,a London Borough council,the Common Council of the City of London in its capacity as a local authority,the Council of the Isles of Scilly, oran eligible parish council within the meaning of section 1(2) of the Local Government Act 2000,in relation to Wales, a county council, a county borough council or a community council,in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, orin relation to Northern Ireland, a district council.

Part 10: supplementary

Finance: humanitarian exception

81A

(1) The prohibitions in regulations 13 to 17 (asset-freeze etc.) are not contravened by a person (“P”) carrying out a relevant activity which is necessary—

(a) to ensure the timely delivery of humanitarian assistance, or

(b) to support other activities that support basic human needs,

where Conditions A and B are met.

(2) Condition A is that the humanitarian assistance or other activities mentioned in paragraph (1) are carried out by—

(a) the United Nations, including its—

(i) programmes and funds,

(ii) other entities and bodies, and

(iii) specialised agencies and related organisations,

(b) international organisations,

(c) humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations,

(d) bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals, or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs,

(e) any grantee, subsidiary, or implementing partner of any organisation falling within sub-paragraphs (a) to (d) while and to the extent that they are acting in those capacities,

(f) any other persons authorised by the Committee for the purposes of resolution 2664.

(3) Condition B is that P believes that carrying out the relevant activity is so necessary and there is no reasonable cause for P to suspect otherwise.

(4) For the purposes of this regulation—

“relevant activity” means any activity which would, in the absence of this regulation, contravene the prohibitions in regulations 13 to 17;

“resolution 2664” means resolution 2664 (2022) adopted by the Security Council on 9th December 2022.

Land: exceptions from prohibitions

Transfers of funds: exceptions from prohibitions

Trade: exceptions from prohibitions

Aircraft: exceptions from prohibition

Ships: exceptions from prohibitions on port entry

Exception for authorised conduct in a relevant country

Exception for acts done for purposes of national security or prevention of serious crime

Treasury licences

Treasury directions

Trade licences

Aircraft licences

Ship licences

Licences: general provisions

Treasury directions: general provisions

Finance: licensing offences

Trade: licensing offences

Ships and aircraft: licensing offences

Section 8B(1) to (3) of Immigration Act 1971: directions

PART 4A — Director disqualification sanctions

Director disqualification sanctions

33A

A person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation is a person subject to director disqualification sanctions for the purposes of—

(a) section 11A of the Company Directors Disqualification Act 1986, and

(b) Article 15A of the Company Directors Disqualification (Northern Ireland) Order 2002.

Director disqualification licences

89A

The Secretary of State may issue a licence in relation to any person who is designated under regulation 5 for the purposes of regulation 33A (director disqualification sanctions) providing that the prohibitions in—

(a) section 11A(1) of the Company Directors Disqualification Act 1986, and

(b) Article 15A(1) of the Company Directors Disqualification (Northern Ireland) Order 2002,

do not apply to anything done under the authority of that licence.

Trade licences

Aircraft licences

Ship licences

Licences: general provisions

Treasury directions: general provisions

Finance: licensing offences

Director disqualification: licensing offences

95A

(1) A person (“P”) commits an offence if P knowingly or recklessly—

(a) provides information that is false in a material respect, or

(b) provides or produces a document that is not what it purports to be,

for the purpose of obtaining a director disqualification licence (whether for P or anyone else).

(2) A person who purports to act under the authority of a director disqualification licence but who fails to comply with any condition of the licence, commits an offence.

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