Legalize
Legalize / United Kingdom / Statutory-Instrument

The Republic of Belarus (Sanctions) (Overseas Territories) Order 2020

Type Statutory-Instrument
Publication 2020-11-11
Last updated 2025-12-11
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
PDF Download
articles Not indexed
Reform history JSON API

The Belarus Regulations were made under Part 1 of the Sanctions Act to establish a sanctions regime in relation to Belarus for the purposes of encouraging the Government of Belarus: to respect democratic principles and institutions, the separation of powers and the rule of law; to refrain from the repression of civil society in Belarus; to properly investigate and institute criminal proceedings against those responsible for the disappearance of four persons named in the Regulations; and to comply with international human rights law and to respect human rights. Following the United Kingdom’s withdrawal from the European Union, the Belarus Regulations also replace the EU sanctions regime in relation to Belarus currently in force under an EU Council Decision and Regulation.

The Belarus Regulations, as modified and extended to the British overseas territories listed in Schedule 1 by this Order (“the modified Regulations”), provide that a person designated by the Secretary of State for being, or having been, involved in certain activities, is a designated person for the purposes of the modified Regulations. Designated persons may be excluded from the territory and may be made subject to financial sanctions, including having their funds or economic resources frozen. The modified Regulations also impose trade restrictions on certain goods and technology, namely military goods and military technology and other goods and technology which may be used to repress the civilian population of Belarus.

The modified Regulations provide for certain exceptions to this sanctions regime (for example to allow for frozen accounts to be credited with interest or other earnings and to allow acts done for the purpose of national security or the prevention of serious crime). The Governor of a British overseas territory to which the modified Regulations extend may, with the consent of the Secretary of State, issue a licence in respect of activities that would otherwise be prohibited under the modified Regulations. Schedule 3 sets out the purposes for which the Governor may issue a financial sanctions licence. The modified Regulations also require the Governor of the relevant territory to publish an up-to-date list of designated persons.

The modified Regulations prescribe powers for the provision and sharing of information to enable the effective implementation and enforcement of the sanctions regime. The modified Regulations also prescribe enforcement powers in relation to suspected ships, aircraft or vehicles, or for the issue of a search warrant. The modified Regulations make it a criminal offence to contravene, or circumvent, any of the prohibitions in the modified Regulations and prescribe the penalties that apply to such offences.

This Order also extends to the territories for the purposes of the modified Regulations specific provisions of Part 1 of the Sanctions Act, namely provisions relating to protection for acts done for purposes of compliance, Crown application and saving for prerogative powers.

The modifications set out in Schedule 2 to this Order include modifications to provisions in the Belarus Regulations which are prospectively amended by the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590) and the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 4) Regulations 2020 (S.I. 2020/951) (“the amending regulations”). Therefore, article 1(1) provides that this Order comes into force immediately after both the amending regulations have come into force in the United Kingdom. The amending regulations will be brought into force on a day yet to be appointed by the Secretary of State in regulations under section 56 of the Sanctions Act.

An Impact Assessment has not been prepared for this instrument: the territorial extent of the instrument and the modified Regulations is the British overseas territories listed in Schedule 1, and no, or no significant, impact is foreseen on the private, voluntary or public sectors in the United Kingdom.

Footnotes

2

S.I. 2020/590. Regulation 6 prospectively amends S.I. 2019/600.

3

S.I. 2020/951. Regulation 6 prospectively amends S.I. 2019/600.

4

S.I. 2019/600, prospectively amended by S.I. 2020/590 and S.I. 2020/951.

5

1981 c.61. Part IV has been amended by the British Overseas Territories Act 2002 (c.8), section 1(1)(b); and the Nationality, Immigration and Asylum Act 2002 (c.41), Schedule 2, paragraph 1(i).

6

ETS Numbers 005, 009, 046, 114, 117, 177, 187 and CETS Numbers 194, 213 and 214.

7

United Nations Treaty Series, vol. 189, p. 137 and vol. 606, p. 267.

8

2000 c.8. Part 4A was inserted by the Financial Services Act 2012 (c.21), section 11(2) ) and most recently amended by S.I. 2018/1149; it is prospectively amended by S.I. 2019/632.

9

1979 c. 38. Section 1 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73), Schedule 1, paragraph 40; the Planning (Consequential Provisions) Act 1990 (c.11), Schedule 2, paragraph 42; the Planning (Consequential Provisions) (Scotland) Act 1997 (c.11), Schedule 2, paragraph 28; the Enterprise and Regulatory Reform Act 2013 (c.24), section 70; S.I. 1991/2684; S.I. 2000/121; and S.I. 2001/1283.

10

2005 c.15. Chapter 1 of Part 2 has been amended by the Terrorism Act 2006 (c.11), section 33(2) to (4); the Northern Ireland (Miscellaneous Provisions) Act 2006 (c.33), sections 26(2) and 30(2) and Schedules 3 and 5; the Bribery Act 2010 (c.23), section 17(2) and Schedule 1; the Criminal Justice and Licensing (Scotland) Act 2010 (asp.13), section 203 and Schedule 7, paragraph 77; the Crime and Courts Act 2013 (c.22), section 15 and Schedule 8, paragraphs 157 and 159; the Criminal Finances Act 2017 (c.22), section 51(1); the Sanctions and Anti-Money Laundering Act 2018, section 59(4) and Schedule 3, paragraph 4; and S.I. 2014/834.

Editorial notes

12

Art. 2 in force at 31.12.2020, see art. 1(1)

13

Art. 1 in force at 31.12.2020, see art. 1(1)

14

Art. 3 in force at 31.12.2020, see art. 1(1)

15

Sch. 1 in force at 31.12.2020, see art. 1(1)

16

Sch. 2 para. 2 in force at 31.12.2020, see art. 1(1)

17

Sch. 2 para. 17 in force at 31.12.2020, see art. 1(1)

18

Sch. 2 para. 18 in force at 31.12.2020, see art. 1(1)

19

Sch. 2 para. 19 in force at 31.12.2020, see art. 1(1)

20

Sch. 2 para. 32 in force at 31.12.2020, see art. 1(1)

21

Sch. 2 para. 29 in force at 31.12.2020, see art. 1(1)

22

Sch. 2 para. 33 in force at 31.12.2020, see art. 1(1)

23

Sch. 2 para. 36 in force at 31.12.2020, see art. 1(1)

24

Sch. 2 para. 59 in force at 31.12.2020, see art. 1(1)

25

Sch. 2 para. 1 in force at 31.12.2020, see art. 1(1)

26

Sch. 2 para. 3 in force at 31.12.2020, see art. 1(1)

27

Sch. 2 para. 4 in force at 31.12.2020, see art. 1(1)

28

Sch. 2 para. 5 in force at 31.12.2020, see art. 1(1)

29

Sch. 2 para. 6 in force at 31.12.2020, see art. 1(1)

30

Sch. 2 para. 7 in force at 31.12.2020, see art. 1(1)

31

Sch. 2 para. 8 in force at 31.12.2020, see art. 1(1)

32

Sch. 2 para. 9 in force at 31.12.2020, see art. 1(1)

33

Sch. 2 para. 10 in force at 31.12.2020, see art. 1(1)

34

Sch. 2 para. 11 in force at 31.12.2020, see art. 1(1)

35

Sch. 2 para. 12 in force at 31.12.2020, see art. 1(1)

36

Sch. 2 para. 13 in force at 31.12.2020, see art. 1(1)

37

Sch. 2 para. 14 in force at 31.12.2020, see art. 1(1)

38

Sch. 2 para. 15 in force at 31.12.2020, see art. 1(1)

39

Sch. 2 para. 16 in force at 31.12.2020, see art. 1(1)

40

Sch. 2 para. 20 in force at 31.12.2020, see art. 1(1)

41

Sch. 2 para. 21 in force at 31.12.2020, see art. 1(1)

42

Sch. 2 para. 22 in force at 31.12.2020, see art. 1(1)

43

Sch. 2 para. 23 in force at 31.12.2020, see art. 1(1)

44

Sch. 2 para. 24 in force at 31.12.2020, see art. 1(1)

45

Sch. 2 para. 25 in force at 31.12.2020, see art. 1(1)

46

Sch. 2 para. 26 in force at 31.12.2020, see art. 1(1)

47

Sch. 2 para. 27 in force at 31.12.2020, see art. 1(1)

48

Sch. 2 para. 28 in force at 31.12.2020, see art. 1(1)

49

Sch. 2 para. 30 in force at 31.12.2020, see art. 1(1)

50

Sch. 2 para. 31 in force at 31.12.2020, see art. 1(1)

51

Sch. 2 para. 34 in force at 31.12.2020, see art. 1(1)

52

Sch. 2 para. 35 in force at 31.12.2020, see art. 1(1)

53

Sch. 2 para. 37 in force at 31.12.2020, see art. 1(1)

54

Sch. 2 para. 38 in force at 31.12.2020, see art. 1(1)

55

Sch. 2 para. 39 in force at 31.12.2020, see art. 1(1)

56

Sch. 2 para. 40 in force at 31.12.2020, see art. 1(1)

57

Sch. 2 para. 41 in force at 31.12.2020, see art. 1(1)

58

Sch. 2 para. 42 in force at 31.12.2020, see art. 1(1)

59

Sch. 2 para. 43 in force at 31.12.2020, see art. 1(1)

60

Sch. 2 para. 44 in force at 31.12.2020, see art. 1(1)

61

Sch. 2 para. 45 in force at 31.12.2020, see art. 1(1)

62

Sch. 2 para. 46 in force at 31.12.2020, see art. 1(1)

63

Sch. 2 para. 47 in force at 31.12.2020, see art. 1(1)

64

Sch. 2 para. 48 in force at 31.12.2020, see art. 1(1)

65

Sch. 2 para. 49 in force at 31.12.2020, see art. 1(1)

66

Sch. 2 para. 50 in force at 31.12.2020, see art. 1(1)

67

Sch. 2 para. 51 in force at 31.12.2020, see art. 1(1)

68

Sch. 2 para. 52 in force at 31.12.2020, see art. 1(1)

69

Sch. 2 para. 53 in force at 31.12.2020, see art. 1(1)

70

Sch. 2 para. 54 in force at 31.12.2020, see art. 1(1)

71

Sch. 2 para. 55 in force at 31.12.2020, see art. 1(1)

72

Sch. 2 para. 56 in force at 31.12.2020, see art. 1(1)

73

Sch. 2 para. 57 in force at 31.12.2020, see art. 1(1)

74

Sch. 2 para. 58 in force at 31.12.2020, see art. 1(1)

119

Words in Sch. 2 para. 18B renumbered as Sch. 2 para. 18B(a) (15.12.2022) by The Republic of Belarus (Sanctions) (Overseas Territories) (Amendment) Order 2022 (S.I. 2022/1339), arts. 1(1), 24(b)

10A

In regulation 15D (interpretation of terms relating to other financial restrictions)—

  • (a) in paragraph (1)—
  • (i) for the definition of “non-UK country”, substitute—
  • “non-Territory country” means a country that is not the Territory;
  • (ii) in the definition of “relevant person”, for “non-UK country” substitute “non-Territory country”.

15A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15C

In regulation 27K (supply and delivery of goods to places outside the UK)—

  • (za) in the heading, for “UK” substitute “Territory;”
  • (a) in paragraph (2), for “non-UK country”, in each place it occurs, substitute “non-Territory country”;
  • (b) for paragraph (6) substitute—

(6) In this regulation— - “non-Territory country” means a country that is not the Territory; - “third country” means a country that is not the Territory or Belarus.

15D

In regulation 27L (technical assistance relating to certain activities)—

  • (a) in paragraph (1), for “non-UK country”, in each place it occurs, substitute “non-Territory country”;
  • (b) for paragraph (4) substitute—

(4) In this regulation— - “non-Territory country” means a country that is not the Territory; - “third country” means a country that is not the Territory or Belarus.

15E

In regulation 27M (financial services, funds and brokering services relating to certain arrangements)—

  • (a) in paragraph (1), for “non-UK country”, in each place it occurs, substitute “non-Territory country”;
  • (b) for paragraph (6) substitute—

(6) In this regulation— - “non-Territory country” means a country that is not the Territory; - “third country” means a country that is not the Territory or Belarus.

15F

In regulation 29A (movement of aircraft)—

  • (za) in paragraph (A1), in both places it occurs, for “United Kingdom” substitute “Territory”;
  • (a) for paragraph (1) substitute—

(1) The Secretary of State, or the Governor (as the case may be), may— (a) refuse permission under article 135 of the ANO in respect of Belarusian aircraft; (b) refuse permission under article 137 of the ANO in respect of Belarusian aircraft; (c) suspend or revoke any permission granted under article 135 of the ANO in respect of Belarusian aircraft; (d) suspend or revoke any permission granted under article 137 of the ANO in respect of Belarusian aircraft.

  • (b) in paragraph (2)—
  • (i) for “United Kingdom”, in both places it occurs, substitute “Territory”;
  • (ii) in sub-paragraph (b), for “.” substitute “;”;
  • (iii) after sub-paragraph (b) insert—

(c) not to take off, or not to permit the aircraft to take off, from an airport in the Territory; (d) to take off, or to require the aircraft to take off, from an airport in the Territory; (e) not to land, or not to permit the aircraft to land, at an airport in the Territory.

  • (c) in paragraph (3), for “Secretary of State” substitute “Governor”;
  • (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (e) in paragraph (5), for “Secretary of State” substitute “Governor”;
  • (f) at the end insert—

(9) The Secretary of State may direct the Governor to exercise any of the Governor’s powers under paragraphs (3) and (5).

15G

For regulation 29C (directions under regulation 29A: supplementary) substitute—

(29C) (1) Where a direction is given under regulation 29A(1)(c) or (d) to the extent that the direction conflicts with the requirements of article 12 of the ANO (revocation etc of permissions), those requirements are to be disregarded. (2) Where a direction is given under regulation 29A which conflicts with a permission under article 135 or 137 of the ANO, the permission is to be disregarded. (3) In so far as a direction under regulation 29A conflicts with any requirement in the applicable law of the Territory that corresponds to the requirements of section 93 of the Transport Act 20005 or of an order under section 94 of that Act, the direction is to be disregarded. (4) In so far as a direction under regulation 29A conflicts with the requirements of any other relevant law applicable to the Territory, the requirements are to be disregarded. (5) The Secretary of State may notify a person that the existence of a direction under regulation 29A, any part of the content of the direction, or anything done under the direction, is to be treated as confidential. (6) The Governor may notify a person that the existence of a direction issued by the Governor under regulation 29A, any part of the content of the direction, or anything done under the direction, is to be treated as confidential. (7) A person must not disclose any information if the Secretary of State or the Governor (as the case may be) notifies that person under paragraph (5) or (6) that the information is to be treated as confidential. (8) For the purposes of this regulation, a “direction” under regulation 29A includes the refusal or revocation of permission under regulation 29A(1).

15H

In regulation 29D (offences), in paragraph (1), for “Secretary of State” substitute “Governor”.

15I

In regulation 29E (interpretation of Part 5A)—

  • (a) in paragraph (1)—
  • (i) for the definition of “air traffic control” substitute—
  • “air traffic control” means a person which provides any of the following services in the Territory—an air traffic control service (which has the meaning that it has in article 3(1) of the ANO), ora flight information service (which has the meaning that it has in article 3(1) of the ANO);
  • (ii) for the definition of “the ANO” substitute—
  • “the ANO” means the Air Navigation (Overseas Territories) Order 20136;
  • (iii) at the appropriate places, insert—
  • “airport” means the aggregate of the land, water, buildings and works comprised in an aerodrome within the meaning of article 3(1) of the ANO;
  • “airport operator”, in relation to the Territory, means a person in charge of the operation of an airport in the Territory;
  • (b) in paragraph (3), after “in that section” insert “, unless otherwise provided in this regulation”.

18A

In regulation 31A (exceptions relating to loans and credit arrangements)...—

  • (a) in paragraph (2), for “paragraph 1(c)” substitute “paragraph 1(b)”;
  • (b) in paragraph (3)(b)(i), for “United Kingdom” substitute “Territory”.

18B

In regulation 31B (exceptions relating to insurance and reinsurance services)—

  • (a) in paragraph (1), for “United Kingdom”, in each place it occurs, substitute “Territory”;
  • (b) in paragraph (1)(b) omit “diplomatic mission or”.

6A

Omit regulation 5A (conditions for the designation of persons by name) (including the heading).

6B

Omit regulation 5B (conditions for the designation of persons by description) (including the heading).

9A

For regulation 9A (notification and publicity where power to designate by description is used), substitute—

(9A) (1) Subject to paragraph (2), the Governor must— (a) publish a list of designations by description, and (b) keep the list up to date. (2) Where, in accordance with regulation 9A (notification and publicity where power to designate by description is used) (as it has effect in the United Kingdom) the Secretary of State is not required to publicise generally a designation, variation or revocation, the Governor must not include in the list under paragraph (1) any details of that designation, variation or revocation. (3) The Governor may publish the list under paragraph (1) in any form the Governor considers appropriate, including by means of a website. (4) For the purposes of this regulation, “designations by description” means designations where the Secretary of State has for the time being provided that persons of a specified description are designated persons under regulation 5(1A) (power to designate persons by description) (as it has effect in the United Kingdom).

15EA

In regulation 27N(5) (technical assistance relating to aircraft and ships), for the definition of “designated person” substitute—

  • “designated person” means a person for the time being designated by the Secretary of State under regulation 5 (power to designated persons) (as it has effect in the United Kingdom) for the purposes of this regulation (as it has effect in the United Kingdom);

15EB

In regulation 27O (enabling or facilitating military activities)—

  • (a) in paragraph (1)(d), for “non-UK country” substitute “non-Territory country”;
  • (b) in paragraph (4), for ““non-UK country” means a country that is not the United Kingdom”” substitute ““non-Territory country” means a country that is not the Territory;”.

15FA

In regulation 29(B) (directions under regulation 29A), in paragraph (6), after “Secretary of State” insert “or Governor (as the case may be)”.

15GA

In regulation 29CA (registration of aircraft in the United Kingdom)—

  • (a) in the heading, for “United Kingdom” substitute “”Territory”;
  • (b) in each place where it appears in paragraphs (1), (2) and (5), for “CAA” substitute “Governor”;
  • (c) in paragraph (3), for “Part 3 (Registration and marking)” substitute “Part 2 (Registration and marking of aircraft)”;
  • (d) in paragraph (5), after “in the register” insert “in relation to the Territory”;
  • (e) for paragraph (6) substitute—

(6) In this regulation, a “designated person” means a person who is designated by the Secretary of State under regulation 5 (power to designate persons) (as it has effect in the United Kingdom) for the purposes of regulation 29A (movement of aircraft) or this regulation (as they have effect in the United Kingdom).

15J

In regulation 29F (prohibition on port entry)—

  • (a) in paragraphs (1) and (2), for “United Kingdom”, in both places it occurs, substitute “Territory”;
  • (b) for paragraph (6) substitute—

(6) In paragraph (5), a “designated person” means a person for the time being designated by the Secretary of State under regulation 5 (power to designate persons) (as it has effect in the United Kingdom) for the purposes of regulations 29F and 29H to 29J (ships: prohibition on port entry etc.) (as they have effect in the United Kingdom).

15K

In regulation 29G (directions prohibiting port entry)—

  • (a) in paragraphs (2), (3), (5) and (6), for “Secretary of State”, in each place it occurs, substitute “Governor”;
  • (b) in paragraphs (3) and (7), for “United Kingdom”, in both places it occurs, substitute “Territory”;
  • (c) after paragraph (6) insert—

(6A) The Secretary of State may direct the Governor to exercise any of the Governor’s powers under this regulation.

15L

In regulation 29H (movement of ships)—

  • (a) in paragraphs (1), (2), (4) and (5), for “Secretary of State”, in each place it occurs, substitute “Governor”;
  • (b) after paragraph (5) insert—

(5A) The Secretary of State may direct the Governor to exercise any of the Governor’s powers under this regulation.

  • (c) in paragraph (6), for the definition of “designated person” substitute—
  • “designated person” means a person for the time being designated by the Secretary of State under regulation 5 (power to designate persons) (as it has effect in the United Kingdom) for the purposes of regulations 29F and 29H to 29J (ships: prohibition on port entry etc.) (as they have effect in the United Kingdom);

15M

In regulation 29I (detention of ships)—

  • (a) in paragraphs (1), (2) and (3), for “Secretary of State”, in each place it occurs, substitute “Governor”;
  • (b) in paragraphs (4) and (6), for “United Kingdom”, in both places it occurs, substitute “Territory”;
  • (c) after paragraph (7) insert—

(7A) The Secretary of State may direct the Governor to exercise any of the Governor’s powers under this regulation.

  • (d) for paragraph (8) substitute—

(8) Where a detention direction is given under this regulation in relation to a ship, an authorised officer may detain the ship. (8A) If a ship in respect of which a detention direction has been given to the master proceeds to sea in contravention of the detention direction, the master of the ship commits an offence. (8B) If a ship in respect of which a detention direction has been given to the master fails to comply with any requirements imposed by the direction, the master of the ship commits an offence. (8C) The owner of a ship, and any person who sends to sea a ship, in respect of which an offence is committed under paragraph (8A) or (8B), if party or privy to the offence, also commits an offence under that paragraph. (8D) Any reference in this regulation to proceeding to sea includes a reference to going on a voyage or excursion that does not involve going to sea, and references to sending to sea are to be construed accordingly.

  • (e) for paragraph (10) substitute—

(10) In this regulation, “designated person” means a person for the time being designated by the Secretary of State under regulation 5 (power to designate persons) (as it has effect in the United Kingdom) for the purposes of regulations 29F and 29H to 29J (ships: prohibition on port entry etc.) (as they have effect in the United Kingdom).

15N

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.