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

In regulation 29J (registration of ships in the United Kingdom)—

• (a) in the heading, for “United Kingdom” substitute “Territory”;

• (b) in paragraphs (1) and (2), for “Registrar”, in each place it occurs, substitute “Territory registrar”;

• (c) in paragraph (1), after “Secretary of State” insert “, by the Governor”;

• (d) in paragraph (2), after “Secretary of State” insert “or the Governor”;

• (e) in paragraph (3)—

• (i) before sub-paragraph (a) insert—

(za) “the Territory registrar”, in relation to the Territory, means the person responsible for the registration of ships in the Territory;

• (ii) in sub-paragraph (a), for “register of British ships maintained by the Registrar” substitute “register of British ships in the Territory maintained by the Territory registrar”;

• (iii) for sub-paragraph (b) substitute—

(b) “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);

15O

Omit regulation 29K (specification of ships) (including the heading).

15P

For regulation 29L (notification and publicity where specification power used) substitute—

(29L) (1) Subject to paragraph (2), the Governor must— (a) publish a list of specified ships, and (b) keep the list up to date. (2) Where, in accordance with regulation 29L (notification and publicity where specification power used) (as it has effect in the United Kingdom) the Secretary of State is not required to publicise generally a specification or revocation, the Governor must not include in the list under paragraph (1) any details of that specification 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.

15Q

In regulation 29N (interpretation of Part 5B)—

• (a) in paragraph (5), in the definition of “specified ship”, after “under regulation 29K (specification of ships)” insert “(as it has effect in the United Kingdom)”;

• (b) in paragraph (6), after “in that section”, insert “, unless otherwise provided in this Part”.

18C

In regulation 31C(2) (trade: exceptions relating to mineral products for personal or humanitarian use), for “27K (supply and delivery of goods to places outside the UK)” substitute “27K (supply and delivery of goods to places outside the Territory)”.

18D

In regulation 31F(1) (trade: exceptions for emergencies in certain cases), for “Secretary of State” substitute “Governor”.

18E

In regulation 31H (aircraft: exceptions relating to the safety of persons or aircraft), in paragraphs (1) and (2), in both places where it occurs, for “United Kingdom” substitute “Territory”.

20A

In regulation 33A (aircraft licences)—

• (a) the existing text becomes paragraph (1);

• (b) in that paragraph, for “Secretary of State” substitute “Governor”;

• (c) at the end insert—

(2) The Governor may issue a licence under paragraph (1) only with the consent of the Secretary of State.

16A

For regulation 30ZA (asset-freeze etc.: exception from prohibitions for required payments) substitute—

(30ZA) (1) This regulation applies to required payments within the meaning of paragraph (2). (2) A required payment is a payment which a designated person is required to make under or by virtue of any enactment which applies in the Territory to— (a) a government department or body, (b) a customs authority, (c) a revenue authority, (d) a registrar of companies, (e) a financial regulator, (f) a land authority, or (g) a consolidated fund. (3) The prohibitions in regulations 11 (asset-freeze in relation to designated persons) and 13 (making funds available for benefit of designated persons) are not contravened by a person making a required payment. (4) Where a required payment is made by a person other than a designated person, the prohibition in regulation 11 is not contravened by the designated person making a reimbursement payment to that person. (5) The reference in paragraph (3) to a person making a required payment includes a designated person, but only where they are making a required payment on their own behalf. (6) For the purposes of this regulation, references to a designated person are to be read as including a person who is owned or controlled directly or indirectly (within the meaning of regulation 7) by the designated person. (7) In this regulation— - “designated person” has the same meaning as it has in Part 3 (finance); - “reimbursement payment” means a repayment from the designated person to the person who made a required payment which is of the same amount as that required payment.

24A

In regulation 38ZA (finance: reporting obligations for required payments)—

• (a) in paragraphs (1), (2) and (3), for “Treasury” substitute “Governor”;

• (b) in paragraph (5), for “30ZA(8)”, in both places it occurs, substitute “30ZA(7)”.

24B

In paragraphs (1), (2), (3), (4) and (5) of regulation 38A, for “Treasury” substitute “Governor”.

33A

For regulation 46A (finance: disclosure to the Treasury) substitute—

(46A) (1) A relevant public authority may disclose information to the Governor or an authorised officer if the disclosure is made for the purpose of enabling or assisting the Governor or the authorised officer to discharge any of their functions in connection with any sanctions regulations contained in these Regulations. (2) In this regulation, “relevant public authority” means— (a) any person holding or acting in any office under or in the service of— (i) the Crown in right of the Government of the United Kingdom; (ii) the Crown in right of the Government of the Territory, or (b) any other person exercising functions of a public nature.

45A

• (1) Omit regulation 56A (OFCOM: power to impose monetary penalties) (including the heading).

• (2) Omit regulation 56B (OFCOM: monetary penalties: procedural rights) (including the heading).

45B

In regulation 56C (Treasury: power to impose monetary penalties)—

• (a) in the heading, for “Treasury: power to impose monetary penalties” substitute “Power to impose monetary penalties”;

• (b) in paragraphs (1) and (8), for “Treasury” substitute “Governor or an authorised person”;

• (c) in paragraphs (3), (6) and (8)(b), for “Treasury” substitute “Governor or the authorised person”;

• (d) in paragraph (4)—

• (i) in the opening words and in sub-paragraph (b), for “Treasury” substitute “Governor”;

• (ii) in sub-paragraph (a), after “£1,000,000,” insert “or its equivalent in the currency of the Territory,”;

• (e) in paragraph (5), after “£1,000,000” insert “, or its equivalent in the currency of the Territory”;

• (f) for paragraph (7) substitute—

(7) Any monetary penalty imposed in the Territory must be paid into the account determined by the competent authority in the Territory.

• (g) after paragraph (8) insert—

(9) Where a monetary penalty in this regulation is expressed to be a sum in sterling or its equivalent in the currency of the Territory, the Governor may issue guidance specifying how to calculate the amount in the currency of the Territory which is to be considered equivalent to that sum in sterling. (10) In this regulation “authorised person” means a person authorised by the Governor for the purpose of exercising, whether generally or in a particular case, the powers and duties conferred by this regulation and regulation 56D (monetary penalties: procedural right).

45C

For regulation 56D (Treasury monetary penalties: procedural rights) substitute—

(56D) (1) Before imposing a monetary penalty on a person under regulation 56C, the Governor or an authorised person must inform the person of the intention to do so. (2) The Governor or the authorised person must also— (a) explain the grounds for imposing the penalty, (b) specify the amount of the penalty, (c) explain that the person is entitled to make representations, and (d) specify the period within which any such representations must be made. (3) If, having considered any representations, the Governor or an authorised person decides to impose the penalty, the Governor or the authorised person must— (a) inform the person of the decision, and (b) explain that the person is entitled to appeal (on any ground) to the Supreme Court of the Territory. (4) On an appeal under paragraph (3)(b), the Supreme Court of the Territory may— (a) quash the Governor’s or the authorised person’s decision to impose the penalty; (b) uphold the decision but substitute a different amount for the amount determined by the Governor or the authorised person. (5) In this regulation— - “authorised person” has the same meaning as it has in regulation 56C (power to impose monetary penalties); - “Supreme Court of the Territory” has the same meaning as it has in regulation 9 (confidential information in certain cases).