The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) Order 2020

(105A) (1) A person commits an offence if that person— (a) without reasonable excuse, refuses or fails within the time and in the manner specified (or, if no time has been specified, within a reasonable time) to comply with any request under regulation 105 (trade: information powers); (b) knowingly or recklessly gives any information, or produces any document, which is false in a material particular in response to such a request; (c) with intent to evade any provision of regulation 105, destroys, mutilates, defaces, conceals or removes any document; (d) otherwise intentionally obstructs an authorised officer in the exercise of their powers under regulation 105. (2) Where a person is convicted of an offence under this regulation, the court may make an order requiring that person, within such period as may be specified in the order, to comply with the request.

76

In regulation 106 (general trade licences: records), in paragraph (4), for “Secretary of State” substitute “Governor”.

77

In regulation 107 (general trade licences: inspection of records)—

• (a) in paragraph (1), for “A person authorised by the Secretary of State or the Commissioners (an “official”)” substitute “An authorised officer”;

• (b) in paragraphs (2) to (5), for “official”, in each place it occurs, substitute “authorised officer”;

• (c) in paragraph (5)(a), for “official’s functions” substitute “authorised officer’s functions”.

78

In regulation 108 (disclosure of information)—

• (a) in paragraph (1), for “Secretary of State, the Treasury, the National Crime Agency or the Commissioners” substitute “Governor or an authorised officer”;

• (b) in paragraph (2)—

• (i) after sub-paragraph (c) insert—

(ca) taking any action with a view to instituting, or otherwise for the purposes of, any proceedings in the Territory for an offence under any provisions of these Regulations;

• (ii) in sub-paragraph (d)—

• (aa) in paragraph (i), after “Regulations” insert “(as they have effect in the United Kingdom)”;

• (bb) in paragraph (ii), after “on imports or exports” insert “(as it has effect in the United Kingdom)”;

• (iii) in sub-paragraph (e), after “any British overseas territory” insert “other than the Territory”;

• (iv) in sub-paragraph (g), for “United Kingdom” substitute “Territory”;

• (c) in paragraph (3)(j), for “Secretary of State, the Treasury or the Commissioners (as the case may be)” substitute “Governor”.

79

In regulation 109 (Part 10: supplementary)—

• (a) for paragraph (2) substitute—

(2) But nothing in that regulation authorises a disclosure that would contravene the data protection legislation if that legislation were applicable to the Territory.

• (b) after paragraph (5) insert—

(5A) An authorised officer must, if requested to do so, produce evidence of their authority before exercising any power conferred by this Part.

• (c) in paragraph (6), in the definition of “privileged information”, omit “(in Scotland, to confidentiality of communications)”.

80

In Part 11 (Enforcement), at the beginning insert—

(109A) (1) Where an authorised officer has reasonable cause to suspect that a ship, aircraft or vehicle has been, or is being, or is about to be, used in the commission of an offence under Part 6 (Trade) or regulation 96(2) (trade: licensing offences), the authorised officer may— (a) in relation to an aircraft or vehicle, require the relevant person to keep the aircraft or vehicle and any goods it is carrying in the Territory, until the authorised officer notifies the relevant person that the aircraft or vehicle (as the case may be) may depart, or (b) in relation to a ship, require the relevant person— (i) not to cause or permit the ship to proceed with the voyage on which it is engaged or about to engage, until the authorised officer notifies the relevant person that the ship may proceed; (ii) not to land any part of the ship’s cargo at any port specified by the authorised officer, except with the authorised officer’s prior consent; (iii) if the ship is in port in the Territory, to cause the ship to remain there until the authorised officer notifies the relevant person that the ship may depart; (iv) if the ship is in any other place, to cause it to proceed to a port specified by the authorised officer and keep it there, until the authorised officer notifies the relevant person that the ship may depart. (2) Where the authorised officer considers it necessary in order to secure compliance with a requirement made under paragraph (1), the authorised officer may detain the ship, aircraft or vehicle and any goods it is carrying. (3) Where an authorised officer detains a ship, aircraft or vehicle and any goods it is carrying in accordance with paragraph (2), the authorised officer must deliver to the master of the ship, the aircraft operator or the owner of the vehicle (as the case may be) a detention direction. (4) A detention direction under paragraph (3) must— (a) be in writing, (b) state the grounds on which the ship, aircraft or vehicle is detained, and (c) state that— (i) the power to detain is exercised under this regulation, and (ii) any requirements subject to which the detention is carried out must be complied with. (5) Paragraph (6) applies, in relation to a ship or aircraft, if— (a) the ship or aircraft (as the case may be) is not a Territory ship or Territory aircraft, and (b) there is in the Territory a consular officer for the country to which the ship or aircraft belongs. (6) A copy of the detention direction must be sent as soon as practicable to the nearest consular officer for the country to which the ship or aircraft belongs. (7) An authorised officer may use reasonable force, if necessary, in the exercise of any power conferred by this regulation. (8) An authorised officer must, if requested to do so, produce evidence of their authority before exercising any power conferred by this regulation. (9) Nothing in this regulation affects any other provision of law conferring powers, imposing restrictions or enabling restrictions to be imposed in respect of ships, aircraft or vehicles. (10) In this regulation— - “consular officer”, in relation to a foreign country, means the officer recognised by Her Majesty as a consular officer of that foreign country in the Territory; - “the relevant person” means any of the following—in relation to a ship, the owner, master or charterer of the ship;in relation to an aircraft, the owner, charterer, operator or commander of the aircraft;in relation to a vehicle, the owner, driver or operator of the vehicle. (109B) (1) A magistrate or justice of the peace may issue a search warrant if satisfied by information on oath that— (a) there is reasonable cause to suspect that a relevant offence under these Regulations has been, or is being, or is about to be, committed, and (b) evidence in relation to the offence is to be found on a ship, aircraft, vehicle or premises specified in the information. (2) A search warrant issued under this regulation is a warrant empowering an authorised officer to enter and search the ship, aircraft, vehicle or premises specified in the information, at any time within one month from the date of the warrant. (3) The powers conferred on an authorised officer by a search warrant under this regulation include powers to— (a) in the case of a power to enter a ship, aircraft or vehicle, stop that ship, aircraft or vehicle; (b) enter any land, where such entry appears to the authorised officer to be necessary in order to enter the ship, aircraft, vehicle or premises specified in the information; (c) take such other persons and such equipment on to the ship, aircraft, vehicle or premises as appear to the authorised officer to be necessary; (d) inspect and seize any thing found in the course of a search if the authorised officer has reasonable cause to suspect that— (i) it is evidence in relation to a relevant offence under these Regulations, or (ii) it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed; (e) take copies of any document. (4) An authorised officer who enters a ship, aircraft, vehicle or premises under a search warrant issued under this regulation may— (a) search any person found on the ship, aircraft, vehicle or premises whom the officer has reasonable cause to suspect to be in possession of any thing which may be required as evidence for the purposes of proceedings in respect of a relevant offence under these Regulations, and (b) seize any such thing found in such a search. (5) Any thing seized under paragraph (3)(d) or (4)(b)— (a) may be retained for so long as is necessary in all the circumstances, and (b) where that thing is prohibited goods and is not authorised by a trade licence, may be forfeited, disposed of or transferred as appropriate. (6) A search of a person under paragraph (4)(a) must be carried out by a person of the same sex. (7) An authorised officer may use reasonable force, if necessary, in the exercise of any power conferred by this regulation. (8) An authorised officer must, if requested to do so, produce evidence of their authority before exercising any power conferred by this regulation. (9) Nothing in this regulation affects any other provision of law conferring powers, imposing restrictions or enabling restrictions to be imposed in respect of ships, aircraft or vehicles. (10) For the purposes of this regulation— - “information on oath” includes any other form of application for a search warrant applicable in the Territory; - “justice of the peace” includes other competent judicial authorities within the Territory responsible for issuing search warrants; - “prohibited goods” means goods which have been or are being dealt with in contravention of any prohibition in Chapter 1 or 2 of Part 6 (Trade); - “relevant offence” means an offence which is punishable with a term of imprisonment of more than 6 months.

81

For regulation 110 (penalties for offences) substitute—

(110) (1) Paragraphs (3) to (8) apply to— (a) Anguilla; (b) British Antarctic Territory; (c) British Indian Ocean Territory; (d) Cayman Islands; (e) Montserrat; (f) Pitcairn, Henderson, Ducie and Oeno Islands; (g) Turks and Caicos Islands; (h) Virgin Islands. (2) Paragraphs (9) to (14) apply to— (a) Falkland Islands; (b) St Helena, Ascension and Tristan da Cunha; (c) South Georgia and the South Sandwich Islands; (d) the Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus. (3) A person who commits an offence under any provision of Part 4 (Finance), regulation 67(1) to (4) (aircraft: offences), regulations 69 to 71, 72(4), 73(7), 74, 76 or 78 (ships: offences) or regulation 95 (finance: licensing offences) is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding £5,000 or its equivalent in the currency of the Territory, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 7 years, or a fine, or both. (4) A person who commits an offence under any provision of Part 6 (Trade) is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding £5,000 or its equivalent in the currency of the Territory, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 10 years, or a fine, or both. (5) A person who commits an offence under regulation 9(6) (confidentiality), 96 (trade: licensing offences), 97 (ships and aircraft: licensing offences), 106(6) or 107(5) (information offences in connection with general trade licences) is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding £5,000 or its equivalent in the currency of the Territory, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both. (6) A person who commits an offence under regulation 75(7A) or (7B) (detention of ships) is liable— (a) on summary conviction, to a fine not exceeding £50,000 or its equivalent in the currency of the Territory; (b) on conviction on indictment, to a fine. (7) A person who commits an offence under regulation 67(5), 72(6) or 73(9) (confidentiality), 99(6) finance: reporting obligations), 101 (proliferation financing) or 104 (information offences in connection with Part 4) is liable, on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding £5,000 or its equivalent in the currency of the Territory, or both. (8) A person who commits an offence under regulation 105A (trade: information offences) is liable, on summary conviction, to a fine not exceeding £1,000 or its equivalent in the currency of the Territory. (9) A person who commits an offence under any provision of Part 4 (Finance), regulation 67(1) to (4) (aircraft: offences), regulations 69 to 71, 72(4), 73(7), 74, 76 or 78 (ships: offences) or regulation 95 (finance: licensing offences) is liable on conviction to imprisonment for a term not exceeding 7 years, or a fine, or both. (10) A person who commits an offence under any provision of Part 6 (Trade) is liable on conviction to imprisonment for a term not exceeding 10 years, or a fine, or both. (11) A person who commits an offence under regulation 9(6) (confidentiality), 96 (trade: licensing offences), 97 (ships and aircraft: licensing offences), 106(6) or 107(5) (information offences in connection with general trade licences) is liable on conviction to imprisonment for a term not exceeding 2 years, or a fine, or both. (12) A person who commits an offence under regulation 75(7A) or (7B) (detention of ships) is liable is liable on conviction to a fine. (13) A person who commits an offence under regulation 67(5), 72(6) or 73(9) (confidentiality), 99(6) finance: reporting obligations), 101 (proliferation financing) or 104 (information offences in connection with Part 4) is liable on conviction to imprisonment for a term not exceeding 6 months, or a fine not exceeding £5,000 or its equivalent in the currency of the Territory, or both. (14) A person who commits an offence under regulation 105A (trade: information offences) is liable on conviction to a fine not exceeding £1,000 or its equivalent in the currency of the Territory. (15) Where a fine 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.

82

In regulation 111 (liability of officers of bodies corporate etc.), omit paragraph (4).

83

In regulation 112 (jurisdiction to try offences)—

• (a) in paragraphs (1) and (2), for “United Kingdom”, in each place it occurs, substitute “Territory”;

• (b) omit paragraphs (3) and (4).

84

After regulation 112 (jurisdiction to try offences), insert—

(112A) (1) Proceedings for an offence under these Regulations must not be instituted in the Territory except with the consent of the principal public officer of the Territory responsible for criminal prosecutions. (2) Nothing in paragraph (1) prevents— (a) the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of an offence under these Regulations, or (b) the remand in custody or on bail of any person charged with such an offence.

85

For regulation 113 (procedure for offences by unincorporated bodies) substitute—

(113) Any provision in an enactment which applies in the Territory in relation to criminal proceedings brought against a body corporate, applies also for the purposes of proceedings in the Territory for an offence under these Regulations brought against an unincorporated body.

86

In regulation 114 (time limit for proceedings for summary offences), omit paragraph (4).

87

Omit regulation 115 (trade enforcement: application of CEMA) (including the heading).

88

Omit regulation 116 (trade offences in CEMA: modification of penalty) (including the heading).

89

Omit regulation 117 (application of Chapter 1 of Part 2 of the Serious Organised Crime and Police Act 2005¹⁸) (including the heading).

90

Omit regulation 118 (monetary penalties) (including the heading).

91

In regulation 119 (exercise of maritime enforcement powers)—

• (a) for paragraph (1) substitute—

(1) A maritime enforcement officer may, for a purpose mentioned in paragraph (2) or (3), exercise any of the maritime enforcement powers in relation to a relevant ship in international waters.

• (b) omit paragraph (5);

• (c) at the end, insert—

(6) In this Part, “a relevant ship” means, in relation to the Territory, a Territory ship.

92

In regulation 120 (maritime enforcement officers)—

• (a) in paragraph (1)—

• (i) omit sub-paragraphs (b), (d), (e), (f) and (h);

• (ii) for sub-paragraph (c) substitute—

(c) a police officer of the Territory;

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

(g) a customs officer of the Territory;

• (b) omit paragraph (2).

93

In regulation 121 (power to stop, board, search etc.), in paragraph (2)(c), for “United Kingdom” substitute “Territory”.

94

Omit regulation 123 (restrictions on exercise of maritime enforcement powers) (including the heading).

95

In regulation 126 (notices)—

• (a) for “United Kingdom”, in each place it occurs, substitute “Territory”;

• (b) in paragraph (1), for “regulation 94 (Treasury directions: general provisions)” substitute “regulation 94 (financial sanctions directions: general provisions)”.

96

Omit regulation 127 (article 20 of the Export Control Order 2008) (including the heading).

97

Omit regulation 128 (trade: overlapping offences) (including the heading).

98

Omit regulation 129 (amendment of the United Nations and European Union Financial Sanctions (Linking) Regulations 2017) (including the heading).

99

Omit regulation 130 (revocations) (including the heading).

100

In regulation 131 (transitional provision: Treasury licences)—

• (a) in the heading, for “Treasury licences” substitute “financial sanctions licences”;

• (b) in paragraph (1)(a), for “by the Treasury under regulation 19 or 23 of the 2017 Regulations” substitute “by the Governor under article 11 of the 2012 Order”;

• (c) in paragraph (2), for “Treasury under regulation 88(1) (Treasury licences)” substitute “Governor under regulation 88(1) (financial sanctions licences)”;

• (d) in paragraph (3), for “Treasury under regulation 89 (Treasury directions)” substitute “Governor under regulation 89 (financial sanctions directions)”;

• (e) in paragraph (4), for “2017 Regulations” substitute “2012 Order”;

• (f) in paragraph (5), before sub-paragraph (a), insert—

(za) the 2012 Order,

• (g) in paragraph (6)(a), for “2017 Regulations” substitute “2012 Order”;

• (h) in paragraph (9)—

• (i) at the appropriate place, insert—

• “the 2012 Order” means the Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) Order 2012¹⁹;

• (ii) for the definition of “the relevant date” substitute—

• “the relevant date” means the date on which Part 4 comes into force.

101

For regulation 132 (transitional provision: trade licences) substitute—

(132) (1) Paragraphs (2) and (3) apply to a licence which— (a) was granted by the Governor under article 11 of the 2012 Order, (b) was in effect immediately before the relevant date, and (c) authorises an act which would (on and after the relevant date, and in the absence of paragraphs (2) to (4)) be prohibited by Part 6 (Trade), and such a licence is referred to in this regulation as an “existing trade sanctions licence”. (2) An existing trade sanctions licence has effect on and after the relevant date as if it were a licence which had been issued by the Governor under regulation 90 (trade licences). (3) Any reference in an existing trade sanctions licence to a prohibition in the 2012 Order is to be treated on and after the relevant date as a reference to the corresponding prohibition in Part 6. (4) In this regulation— - “the 2012 Order” has the meaning it has in regulation 131 (transitional provision: financial sanctions licences); - “the relevant date” means the date on which Part 6 comes into force.

102

For regulation 133 (transitional provision: pending applications for trade licences) substitute—

(133) (1) Paragraph (2) applies where— (a) an application was made before the relevant date for a licence under the 2012 Order, (b) the application is for authorisation of an act prohibited by Part 6 (Trade), and (c) a decision to grant or refuse the application has not been made before the relevant date. (2) The application is to be treated on and after the relevant date as an application for a licence under regulation 90 (trade licences). (3) In this regulation— - “the 2012 Order” has the meaning it has in regulation 131 (transitional provision: financial sanctions licences); - “the relevant date” means the date on which Part 6 comes into force.

103

In regulation 134 (transitional provision: prior obligations etc.), in paragraph (4), for the definition of “the relevant date” substitute—

• “the relevant date” means the date on which Part 4 comes into force.

104

In Schedule 3 (Treasury licences: purposes)—

• (a) in the heading, for “Treasury licences” substitute “Financial sanctions licences”;

• (b) in paragraphs 7A (pre-existing judicial decisions etc.) and 9B (judicial decisions etc.), for “United Kingdom” substitute “Territory”;

• (ba) for paragraph 9A (insolvency) substitute—

(9A) (1) To enable anything to be done in connection with— (a) any insolvency and restructuring proceedings relating to an insolvent person, or (b) proceedings, under the insolvency law of any country other than the Territory, that correspond to the proceedings in paragraph (a), provided that any payments made directly or indirectly to a designated person are credited to a frozen account. (2) In this paragraph— - “insolvency and restructuring proceedings” includes—any proceedings, under any law relating to insolvency for the time being in force in the Territory, whereby, for a set period of time, the creditors of an insolvent person are precluded from taking action against the insolvent person;any arrangement, under any such law, involving an agreement between an insolvent person and its creditors which is administered by an insolvency practitioner, and “insolvency practitioner” has the meaning given by regulation 100(2H);any administration procedure, under any such law, in accordance with which proceedings, actions or other steps against an insolvent person are prohibited for the purpose of allowing the insolvent person to do either or both of the following—reorganise assets;realise assets;any receivership procedure, under any such law, whereby a secured creditor of an insolvent person can appoint an administrative receiver to manage and sell the insolvent person’s business and assets;any proceedings, under any such law, for the winding up of a company but excluding any proceedings relating to the winding up of a solvent company;any arrangement or scheme sanctioned by a court, under any such law, between a company and its members or creditors which can be used to effect solvent reorganisation of the company or effect insolvent restructurings; - “insolvent person” means a person (“P”), other than an individual, where—P is unable to pay its debts as they fall due, orthe value of P’s assets is less than the amount of its liabilities, taking into account its contingent and prospective liabilities.

• (c) in paragraph 10(c), for “the designation of that person for the purposes of that regulation” substitute “that person being a designated person for the purposes of Part 4 (Finance) as defined in regulation 32 (meaning of “designated person” in Part 4)”.

Signed

Richard Tilbrook — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order extends with modifications the Democratic People’s Republic of Korea (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/411) (“the DPRK Regulations”) as amended from time to time to all British overseas territories except Bermuda and Gibraltar (which implement sanctions under their own legislative arrangements). It also implements in those territories the travel ban in respect of UN designated persons required by paragraph 8(e) of resolution 1718 (2006) adopted by the Security Council on 14 October 2006 (which in the United Kingdom is implemented by way of the Immigration Act 1971 (c.77) rather than the DPRK Regulations).

Section 63(3)(c) of the Sanctions and Anti-Money Laundering Act 2018 (c.13) (“the Sanctions Act”) provides that Her Majesty may by Order in Council provide for any provision of Part 1 of that Act, or any regulations under Part 1 of that Act, to extend with or without modifications to any of the British overseas territories. Section 63(4) provides that this includes the power to extend any regulations as amended from time to time.

Section 1 of the United Nations Act 1946 (c.45) provides that Her Majesty may by Order in Council make such provision as appears to Her necessary or expedient for enabling the effective application of certain measures where, under Article 41 of the Charter of the United Nations, the Security Council has called upon Her Majesty’s Government in the United Kingdom to apply such measures to give effect to any decision of that Council. In accordance with subsection (2) of that section, such Orders in Council may extend to the British overseas territories.

The DPRK Regulations were made under Part 1 of the Sanctions Act to establish a sanctions regime in relation to the Democratic People’s Republic of Korea (“DPRK”) for the purposes of implementing many of the obligations that the United Kingdom has under UN Security Council Resolution 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017), 2375 (2017) and 2397 (2017). They also have the purposes of restricting the ability of the DPRK to carry on its nuclear, biological or chemical weapons programmes, other weapons of mass destruction programmes and ballistic missile programmes, to promote the abandonment of those programmes and the decommissioning of the weapons, and to promote peace, security and stability on the Korean peninsula.

The DPRK Regulations, as modified and extended to the British overseas territories listed in Schedule 1 by this Order (“the modified Regulations”), provide that a person named by the UN or 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 are subject to various sanctions measures set out in the modified Regulations. The modified Regulations also provide for certain ships specified by the Secretary of State to be subject to various sanctions measures. The modified Regulations make provision in respect of publishing lists of designated persons and specified ships.

Chapter 1 of Part 4 of the modified Regulations provides for designated persons to be made subject to financial sanctions, including having their funds and/or economic resources frozen. Chapter 2 of Part 4 imposes further restrictions on the activities of designated persons and also on financial services, commercial activities and investment.

Part 5 of the modified Regulations provides that persons designated by the Secretary of State in the United Kingdom – who as a consequence are ‘excluded persons’ under section 8B of the Immigration Act 1971 – must not enter, transit or remain in the British overseas territories set out in Schedule 1 to this Order.

Part 6 of the modified Regulations deals with trade restrictions on specified goods and technology. Related controls are also imposed on the provision of financial services and funds, technical assistance and brokering services. Chapter 1 deals with the restrictions on military and dual-use goods and technology, and other goods and technology related to arms and weapons of mass destruction (all as defined in the Regulations, including Schedule 2). Chapter 2 deals with restrictions on other goods. Chapter 3 deals with restrictions on certain services related to ships and aircraft.

Part 7 of the modified Regulations deals with aircraft sanctions and Part 8 with shipping sanctions.

Part 9 of 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 or direction in respect of activities that would otherwise be prohibited under the modified Regulations. Schedule 3 sets out further provision about the purposes for which the Governor may issue a financial sanctions licence in some cases.

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, and 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.

The modifications set out in Schedule 2 to this Order include modifications to provisions in the Regulations which are prospectively amended by the Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/591) and the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 3) Regulations 2020 (S.I. 2020/950) (“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 appointed by the Secretary of State in regulations under section 56 of the Sanctions Act.

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.

This Order also provides that, subject to certain exceptions, UN designated persons must not enter, transit or remain in the territories.

An Impact Assessment has not been prepared for this instrument: the territorial extent of the instrument and 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

Editorial notes

6A

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

53A

For regulation 81ZA (asset-freeze etc.: exception from prohibitions for required payments) substitute—