The Russia (Sanctions) (Overseas Territories) Order 2020
- (i) in sub-paragraph (a), for “non-UK credit or financial institution” substitute “non-Territory credit or financial institution”;
- (ii) in sub-paragraph (b), for “UK credit or financial institution” substitute “Territory credit or financial institution”.
26A
In regulation 46A (technical assistance relating to aircraft and ships), in paragraph (5) 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 regulation 46A (technical assistance relating to aircraft and ships)(as it has effect in the United Kingdom);
31A
In regulation 57A (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 57A and 57C to 57E (ships: prohibition on port entry etc.)(as they have effect in the United Kingdom).
31B
In regulation 57B (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) in paragraph (4), for “under this regulation” substitute “under paragraph (1), (2) or (3)”;
- (d) after paragraph (6) insert—
(6A) The Secretary of State may direct the Governor to exercise any of the Governor’s powers under this regulation.
31C
In regulation 57C (movement of ships)—
- (a) in paragraphs (1), (2), (4) and (5), for “Secretary of State”, in each place it occurs, substitute “Governor”;
- (b) in paragraph (3), for “under this regulation” substitute “under paragraph (1) or (2)”;
- (c) after paragraph (5) insert—
(5A) The Secretary of State may direct the Governor to exercise any of the Governor’s powers under this regulation.
- (d) in paragraph (6), for the definition of “designated person” substitute—
- 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 57A and 57C to 57E (ships: prohibition on port entry etc.)(as they have effect in the United Kingdom);
31D
In regulation 57D (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)(b), 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 paragraph (1) or (3).
- (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 57A and 57C to 57E (ships: prohibition on port entry etc.)(as they have effect in the United Kingdom).
31E
In regulation 57E (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 57A and 57C to 57E (ships: prohibition on port entry etc.)(as they have effect in the United Kingdom), and
31F
Omit regulation 57F (specification of ships) (including the heading).
31G
For regulation 57G (notification and publicity where specification power used) substitute—
(57G) (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 57G (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.
31H
In regulation 57H (directions under this Part: general), in paragraph (1), after “Secretary of State” insert “or Governor”.
31I
In regulation 57I (interpretation of Part 6)—
- (a) in paragraph (4), in the definition of “specified ship”, after “under regulation 57F (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”.
31J
In regulation 57J (movement of aircraft)—
- (a) in paragraph (1), for “United Kingdom”, in both places it occurs, substitute “Territory”;
- (b) in paragraph (3)—
- (i) in sub-paragraph (a), for “United Kingdom, or” substitute “Territory,”;
- (ii) in sub-paragraph (b), for “United Kingdom by a specific route.” substitute “Territory by a specific route,”;
- (iii) at the end 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, or (e) not to land, or not to permit the aircraft to land, at an airport in the Territory.
- (c) in paragraph (4), for “Secretary of State” substitute “Governor”;
- (d) in paragraph (6), for “Secretary of State” substitute “Governor”;
- (e) for paragraph (9) substitute—
(9) 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 a Russian aircraft, (b) refuse permission under article 137 of the ANO in respect of a Russian aircraft, (c) suspend or revoke any permission granted under article 135 of the ANO in respect of a Russian aircraft, or (d) suspend or revoke any permission granted under article 137 of the ANO in respect of a Russian aircraft.
- (f) for paragraph (11) substitute—
(11) In paragraph (10), 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 regulation 57J or 57M (movement or registration of aircraft)(as they have effect in the United Kingdom).
- (g) at the end insert—
(12) The Secretary of State may direct the Governor to exercise any of the Governor’s powers under paragraph (4) or (6).
31K
In regulation 57K (directions under regulation 57J), in paragraph (6), after “Secretary of State” insert “or Governor (as the case may be)”.
31L
For regulation 57L (directions under regulation 57J: supplementary) substitute—
(57L) (1) Where a direction is given under regulation 57J(9)(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 57J 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 57J conflicts with any requirement in the applicable law of the Territory that corresponds to the requirements of section 93 of the Transport Act 2000 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 57J 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 57J, 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 57J, 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 57J includes the refusal, suspension or revocation of permission under regulation 57J(9).
31M
For regulation 57M (registration of an aircraft in the United Kingdom) substitute—
(57M) (1) The Governor must refuse to register an aircraft if, on the basis of the information given to the Governor by the applicant, the Secretary of State or a third person, the aircraft appears to be a relevant aircraft. (2) The Secretary of State may direct the Governor to terminate the registration of a relevant aircraft. (3) In so far as a direction under paragraph (2) conflicts with the provisions of Part 2 (Registration and marking of aircraft) of the ANO, those provisions are to be disregarded. (4) For the purposes of this regulation, “relevant aircraft” means— (a) an aircraft owned or operated by a designated person, or (b) an aircraft chartered by demise by a designated person. (5) Any reference in this regulation to registering an aircraft is a reference to registering an aircraft in the register in relation to the Territory kept by the Governor. (6) In paragraph (4), 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 regulation 57J or 57M (movement or registration of aircraft)(as they have effect in the United Kingdom).
31N
In regulation 57N (offences)—
- (a) in paragraph (2), for “Secretary of State” substitute “Governor”;
- (b) in paragraph (5), for “regulation 57L(6) (disclosure of direction)” substitute “regulation 57L(7) (disclosure of direction)”.
31O
In regulation 57O (interpretation of Part 6A)—
- (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 2013;
- (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 (4), after “in that section” insert “, unless otherwise provided in this regulation”.
33A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34A
In regulation 60ZA (trade: exceptions relating to non-government controlled areas of the Donetsk and Luhansk oblasts), in paragraphs (2)(b), (3(b) and (5)(b), for “Secretary of State”, in each place it occurs, substitute “Governor”.
34B
In regulation 60C (trade: exceptions in relation to aircraft and vessels)—
- (a) in paragraph (1), for “United Kingdom” substitute “Territory”;
- (aa) in paragraph (2AA), for “at a UK airport” substitute “at an airport in the Territory”;
- (b) in paragraph (3), in the definition of “qualifying removal”, for “United Kingdom” substitute “Territory”.
35A
In regulation 61B (aircraft: exceptions from prohibitions)—
- (a) in paragraphs (1) and (2), for “United Kingdom”, in both places it occurs, substitute “Territory”;
- (b) in paragraph (4A)(a), for “regulation 57J(3)(b)” substitute “regulation 57J(3)(b) or (d)”.
39A
In regulation 65A (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.
76A
After regulation 102 (transitional provision: pending applications for trade licences) insert—
(102A) (1) Paragraph (2) applies in relation to a relevant licence which— (a) was in effect immediately before the relevant time, and (b) authorised an act— (i) which would otherwise have been prohibited, immediately before the relevant time, under Chapter 3 of Part 5 (Trade), and (ii) which would, on and after the relevant time, and in the absence of paragraphs (2) and (3), instead be prohibited under Chapter 2 of Part 5, and such a licence is referred to in this regulation as “a Chapter 3 trade licence”. (2) A Chapter 3 trade licence continues to have effect on and after the relevant time as if it had been issued to authorise an act which would otherwise be prohibited under Chapter 2 of Part 5. (3) Any reference in an existing relevant licence to a provision of Chapter 3 of Part 5 is to be treated on and after the relevant time, as a reference to the corresponding provision of Chapter 2 of Part 5. (4) For the purposes of this regulation— - “relevant licence” means a licence—issued by the Governor under regulation 65 (trade licences), orwhich has effect as if it were a licence which had been issued by the Governor under regulation 65 in accordance with regulation 101(2) (transitional provision: trade licences); - “relevant time” means the time at which the Russia (Sanctions) (EU Exit) (Amendment) (No. 3) Regulations 2022 come into force.
26B
In regulation 46B (luxury goods)—
- (a) after paragraph (3) insert—
(3A) A person who contravenes the prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1) to show that the person did not know and had no reasonable cause to suspect that the export was to, or the goods were for use in, Russia.
- (b) in paragraph (5), for “United Kingdom, the Isle of Man” substitute “Territory”.
26C
In regulation 46D (import of iron and steel products), at the end insert—
(4) A person who contravenes a prohibition in paragraph (1) or (2) commits an offence, but— (a) it is a defence for a person charged with the offence of contravening paragraph (1) to show that the person did not know and had no reasonable cause to suspect that the products were consigned from Russia; (b) it is a defence for a person charged with the offence of contravening paragraph (2) to show that the person did not know and had no reasonable cause to suspect that the products originated in Russia.
26D
In regulation 46F (supply and delivery of iron and steel products), in paragraph (4), for “United Kingdom, the Isle of Man” substitute “Territory”.
20A
For regulation 30B (export of relevant restricted goods), substitute—
(30B) (1) The export of relevant restricted goods to, or for use in, non-government controlled Ukrainian territory, is prohibited. (2) Paragraph (1) is subject to Part 7 (Exceptions and licences). (3) A person who contravenes the prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1) to show that the person did not know and had no reasonable cause to suspect that the export was to, or the goods were for use in, non-government controlled Ukrainian territory.
20B
In regulation 30C (supply and delivery of relevant restricted goods), in paragraph (4) for “United Kingdom or the Isle of Man” substitute “Territory”.
26BA
In regulation 46C (interpretation) for “United Kingdom, the Isle of Man” substitute “Territory”.
26E
In regulation 46L (banknotes), in paragraph (5)—
- (a) omit the “and” after sub-paragraph (a);
- (b) in sub-paragraph (b), at the end insert “; and”;
- (c) after sub-paragraph (b), insert—
(c) banknotes denominated in any official currency of the Territory.
26F
In regulation 46N (jet fuel and fuel additives), in paragraph (5) for “United Kingdom, the Isle of Man” substitute “Territory”.
26G
In regulation 46R (interpretation) for “United Kingdom, the Isle of Man” substitute “Territory”.
26H
In regulation 46S (import of revenue generating goods), after paragraph (3), insert—
(4) A person who contravenes a prohibition in paragraph (1) or (2) commits an offence, but— (a) it is a defence for a person charged with the offence of contravening paragraph (1) to show that the person did not know and had no reasonable cause to suspect that the goods were consigned from Russia; (b) it is a defence for a person charged with the offence of contravening paragraph (2) to show that the person did not know and had no reasonable cause to suspect that the goods originated in Russia.
26I
In regulation 46T (acquisition of revenue generating goods), in paragraph (1) for “United Kingdom” substitute “Territory”.
26J
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26K
In regulation 46V (technical assistance relating to revenue generating goods), in paragraph (1) for “United Kingdom” ... substitute “Territory”.
26L
In regulation 46W (financial services and funds relating to revenue generating goods), in paragraph (1) for “United Kingdom” ... substitute “Territory”.
26M
In regulation 46Y (G7 dependency and further goods list goods), in paragraph (5) for “United Kingdom, the Isle of Man” substitute “Territory”.
26N
In regulation 46Z2 (brokering services relating to G7 dependency and further goods list goods)—
- (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.
26O
In regulation 46Z4 (import of oil and oil products), after paragraph (3) insert—
(4) A person who contravenes a prohibition in paragraph (1) or (2) commits an offence, but— (a) it is a defence for a person charged with the offence of contravening paragraph (1) to show that the person did not know and had no reasonable cause to suspect that the goods were consigned from Russia; (b) it is a defence for a person charged with the offence of contravening paragraph (2) to show that the person did not know and had no reasonable cause to suspect that the goods originated in Russia.
26P
In regulation 46Z5 (acquisition of oil and oil products), in paragraph (1) for “United Kingdom” substitute “Territory”.
26Q
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26R
In regulation 46Z7 (technical assistance relating to oil and oil products), in paragraph (1) for “United Kingdom” ... substitute “Territory”.
26S
In regulation 46Z8 (financial services and funds relating to oil and oil products), in paragraph (1) for “United Kingdom” ... substitute “Territory”.
26T
In regulation 46Z11 (prohibition on the import of gold from Russia), after paragraph (3), insert—
(4) A person who contravenes the prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1) to show that the person did not know and had no reasonable cause to suspect that the gold originated in Russia.
26U
In regulation 46Z12 (acquisition of gold from Russia), in paragraph (1) for “United Kingdom” substitute “Territory”.
26V
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26W
In regulation 46Z14 (technical assistance relating to gold), in paragraph (1), for “United Kingdom” ... substitute “Territory”.
26X
In regulation 46Z15 (financial services and funds relating to gold)—
- (a) in paragraph (1), for “United Kingdom” ... substitute “Territory”;
- (b) after paragraph (3), insert—
(4) In this regulation, “third country” means a country that is not the Territory or Russia.
26Y
In regulation 46Z18 (import of coal and coal products), after paragraph (3) insert—
(4) A person who contravenes a prohibition in paragraph (1) or (2) commits an offence, but— (a) it is a defence for a person charged with the offence of contravening paragraph (1) to show that the person did not know and had no reasonable cause to suspect that the goods were consigned from Russia; (b) it is a defence for a person charged with the offence of contravening paragraph (2) to show that the person did not know and had no reasonable cause to suspect that the goods originated in Russia.
26Z
In regulation 46Z19 (acquisition of coal and coal products), in paragraph (1), for “United Kingdom” substitute “Territory”.
26Z1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26Z2
In regulation 46Z21 (technical assistance relating to coal and coal products), in paragraph (1), for “United Kingdom” ... substitute “Territory”.
26Z3
In regulation 46Z22 (financial services and funds relating to coal and coal products), in paragraph (1), for “United Kingdom” ... substitute “Territory”.
34ZA
In regulation 60ZZA (exceptions relating to investments in relation to Russia), in paragraph (1) for “Treasury” substitute “Governor”.
34C
In regulation 60DA (trade: exception relating to professional and business services)—
- (a) in paragraph (1), for “UK statutory or regulatory obligations” substitute “applicable statutory or regulatory obligations in the Territory”;
- (b) in paragraph (2)(b), for “Secretary of State” substitute “Governor”;
- (c) in paragraph (3)(b)(iii), for “Secretary of State” substitute “Governor”;
- (ca) in paragraph (5)(a), for “UK subsidiary undertaking” substitute “Territory subsidiary undertaking”;
- (d) in paragraph (5)(a), for “UK statutory or regulatory obligations” substitute “applicable statutory or regulatory obligations in the Territory”;
- (da) in paragraph (5A), in sub-paragraph (a)—
- (i) for “UK undertaking” substitute “Territory undertaking”;
- (ii) for “UK statutory or regulatory obligations” substitute “applicable statutory or regulatory obligations in the Territory”;
- (e) in paragraph (9)—
- (i) for the definition of “auditor” substitute—
- “auditor” means a person appointed, in accordance with a requirement under the law of the Territory, to audit the accounts of a body corporate which is incorporated or constituted under the law of the Territory;
;
- (ii) for the definition of “credit institution” substitute—
- “credit institution” means a body incorporated under the law of the Territory, the business of which is to take deposits or other repayable funds from the public and to grant credits for its own account;
- (iii) for the definition of “UK subsidiary undertaking” substitute—
- “Territory subsidiary undertaking” means a subsidiary undertaking that is incorporated or formed under the law of the Territory;
- (iv) for the definition of “UK undertaking” substitute—
- “Territory undertaking” means an undertaking within the meaning given in section 1161 of the Companies Act 2006 (as it applies in the United Kingdom) that is incorporated or formed under the law of the Territory.
34D
In regulation 60F (trade: exceptions in relation to banknotes), in paragraph (2), after “European Union” insert “or the Territory”.
34E
In regulation 60I (trade: exceptions in relation to Energy-related Goods), in paragraph (1), for “non-UK” substitute “non-Territory”.
35ZA
In regulation 61ZA (trade: exception for humanitarian assistance activity in non-government controlled areas of the Donetsk and Luhansk oblasts), in paragraph (2), in the definition of “relevant prohibition”, for “non-UK” substitute “non-Territory”.
26SA
In regulation 46Z9A (interpretation), in paragraph (1), in the definition of “third country”, for “United Kingdom, the Isle of Man” substitute “Territory”.
26XA
In regulation 46Z16A (interpretation), in paragraph (1), in the definition of “third country”, for “United Kingdom, the Isle of Man” substitute “Territory”.
26XB
In regulation 46Z16B (prohibition on the import of gold jewellery from Russia), after paragraph (2) insert—
(3) A person who contravenes the prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1) to show that the person did not know and had no reasonable cause to suspect that the gold jewellery originated in Russia.
26XC
In regulation 46Z16C (prohibition on the import of relevant processed gold), after paragraph (2) insert—
(3) A person who contravenes the prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1) to show that the person did not know and had no reasonable cause to suspect that the goods were relevant processed gold.
26XD
In regulation 46Z16D (acquisition of gold jewellery from Russia), in paragraphs (1) and (2), for “United Kingdom”, in both places it occurs, substitute “Territory”.
26XE
In regulation 46Z16E (technical assistance relating to gold jewellery), in paragraph (1), for “United Kingdom” substitute “Territory”.
26XF
In regulation 46Z16G (financial services and funds relating to gold jewellery), in paragraph (1), for “United Kingdom” substitute “Territory”.
26Z4
In regulation 46Z25 (import of liquefied natural gas), after paragraph (3) insert—
(4) A person who contravenes a prohibition in paragraph (1) or (2) commits an offence, but— (a) it is a defence for a person charged with the offence of contravening paragraph (1) to show that the person did not know and had no reasonable cause to suspect that that the liquefied natural gas was consigned from Russia; (b) it is a defence for a person charged with the offence of contravening paragraph (2) to show that the person did not know and had no reasonable cause to suspect that the liquefied natural gas originated in Russia.
26Z5
In regulation 46Z26 (acquisition of liquefied natural gas), in paragraph (1), for “United Kingdom” substitute “Territory”.
26Z6
In regulation 46Z27 (technical assistance relating to liquefied natural gas), in paragraph (1), for “United Kingdom” substitute “Territory”.
26Z7
In regulation 46Z28 (financial services and funds relating to liquefied natural gas), in paragraph (1), for “United Kingdom” substitute “Territory”.
26Z8
In regulation 46Z30 (Russia’s vulnerable goods)—
- (a) after paragraph (3), insert—
(3A) A person who contravenes paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1) to show that the person did not know and had no reasonable cause to suspect that the export was to, or the goods were for use in, Russia.
- (b) in paragraph (5), for “United Kingdom, the Isle of Man” substitute “Territory”.
26Z9
In regulation 46Z33 (brokering services relating to Russia’s vulnerable goods)—
- (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.
34AA
In regulation 60A (trade: exceptions in relation to personal effects etc.), in paragraph (1D), for “United Kingdom” substitute “Territory”.
64A
In regulation 88C (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), (1A), (1B), (3) , (3A) and (10), for “The Treasury” substitute “The Governor or an authorised person”;
- (c) in paragraphs (5), (8), and 10(b), for “the Treasury” substitute “the Governor or the authorised person”;
- (d) in paragraph 6(a), after “£1,000,000,” insert “or its equivalent in the currency of the Territory,”;
- (da) in paragraph (6A)—
- (i) for “the Treasury have”, in both places it occurs, substitute “the Governor has”;
- (ii) in sub-paragraph (a), after “£1,000,000”, insert “or its equivalent in the currency of the Territory”;
- (e) in paragraph (7), after “£1,000,000” insert “, or its equivalent in the currency of the Territory”;
- (f) for paragraph (9) substitute—
(9) Any monetary penalty imposed in the Territory must be paid into the account determined by the competent authority in the Territory.
- (g) after paragraph (10), insert—
(11) 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. (12) 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 88D (monetary penalties: procedural rights).
64B
For regulation 88D (Treasury monetary penalties: procedural rights) substitute—
(88D) (1) Before imposing a monetary penalty on a person under regulation 88C, 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 88C (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).
12AA
In regulation 18C (trust services), in paragraph (7) for the definition of “designated person” substitute—
- “designated person” means a person who is designated from time to time 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 18C (trust services)(as it has effect in the United Kingdom);
34ZB
For regulation 60ZZB substitute—
(60ZZB) (1) The prohibitions in regulation 18C (trust services) are not contravened by any act done by a person (“P”)— (a) in satisfaction of an obligation in respect of the provision of trust services by P to or for the benefit of— (i) a designated person, or (ii) a person connected with Russia, where those services are provided in relation to the discharge of or compliance with a statutory or regulatory obligation of the Territory; (b) for the purposes of complying with the prohibitions and obligations in Chapter 1 of Part 3 (asset freeze etc.); (c) in connection with transferable securities or money-market instruments where dealing with such securities or instruments is not prohibited by regulation 16 or 18B. (2) The prohibitions in regulation 18C are not contravened by the provision of the following trust services where the condition in paragraph (3) is met— (a) trust services provided to a community amateur sports club registered as such under the applicable law of the Territory; (b) trust services provided to a trust for charitable services registered (or which is or is not required to register) as a charity under the applicable law of the Territory; (c) trust services provided to a pension scheme registered under the applicable law of the Territory; (d) trust services for the purposes of a trust relating to the creation of a beneficial interest in securities belonging to a person whose name and address are maintained on a register of securities in the Territory; (e) trust services provided by the operator or trustee of an authorised unit trust scheme in relation to that scheme; (f) trust services provided in the course of, or in connection with, carrying on by way of business the activity specified in article 40 (safeguarding and administering investments) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, except in so far as the activity relates to a unit trust scheme which is not an authorised unit trust scheme; or (g) trust services provided in the course of, or in connection with, the acting by way of business as an agent holding funds, economic resources or documents in escrow until the performance of a contractual condition agreed between two or more other persons, including the person for whom the funds, economic resources or documents are being held. (3) The condition in this paragraph is that the trust services are not provided primarily to, or for the benefit of, a designated person or a person connected with Russia. (4) Where the condition in paragraph (5) is met, the prohibitions in regulation 18C are not contravened by the provision of trust services for making funds and economic resources available to or for the benefit of— (a) a person under the age of 18, (b) a person who at the material time lacks capacity, being unable to make a decision for themselves in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain (whether permanent or temporary). (5) The condition in this paragraph is that the trust services are not provided primarily to, or for the benefit of, a designated person. (6) In this regulation, whether trust services are provided for the benefit of a person is to be construed in accordance with regulation 18C. (7) In this regulation— - “authorised unit trust scheme” means a unit trust scheme which is authorised by the relevant financial authority in the Territory; - “designated person” has the meaning given in regulation 18C(7); - “the operator” has the meaning given in section 237 of the Financial Services and Markets Act 2000; - “person connected with Russia” is to be construed in accordance with regulation 19A(2); - “trust services” has the meaning given in regulation 18C(7); - “trustee” has the meaning given in section 237 of the Financial Services and Markets Act 2000; - “unit trust scheme” means a collective investment scheme under which the property is held on trust for the participants, except that it does not include a contractual scheme.
71A
Omit regulation 97A.
26LA
In regulation 46XA (interpretation), in the definition of “third country” for “United Kingdom, the Isle of Man” substitute “Territory”.
26LB
In regulation 46XB (import of Schedule 3DA revenue generating goods), after paragraph (3) insert—
(4) A person who contravenes a prohibition in paragraph (1) or (2) commits an offence, but— (a) it is a defence for a person charged with the offence of contravening paragraph (1) to show that the person did not know and had no reasonable cause to suspect that the goods were consigned from Russia; (b) it a defence for a person charged with the offence of contravening paragraph (2) to show that the person did not know and had no reasonable cause to suspect that the goods originated in Russia.
30A
In regulation 53A (application of prohibitions and requirements in Chapter 2 of Part 5 to non-government controlled Ukrainian territory) omit paragraphs (2) and (3).
30B
In regulation 54D (legal advisory services)—
- (a) in paragraph (1)—
- (i) for “United Kingdom person” substitute “Territory person”;
- (ii) for “United Kingdom”, in the second and third places it occurs, substitute “Territory”;
- (b) in paragraph (2)(a)(i) and (2)(b)(i), for “United Kingdom person” substitute “Territory person”;
- (c) in paragraph (2)(a)(ii) and (2)(b)(ii), for “United Kingdom” substitute “Territory”
34CA
In regulation 60DB (trade: exception relating to legal advisory services), in paragraph (2) for “UK statutory or regulatory obligations” substitute “applicable statutory or regulatory obligations in the Territory”
34DA
In regulation 60G (trade: exception in relation to certain goods consigned from Russia), in paragraph (1A)(b) and (1E)(b), for “United Kingdom” substitute “Territory”.
34DB
In regulation 60GA (trade: exception in respect of the acquisition of iron and steel products), in paragraph (1), for “United Kingdom or the Isle of Man” substitute “Territory”.
34DC
In regulation 60GB (trade: exception in respect of the acquisition of Schedule 3DA revenue generating goods), in paragraph (1)—
- (a) for “United Kingdom or the Isle of Man” substitute “Territory”;
- (b) for “United Kingdom national”, in both places it occurs, substitute “Territory person, who is an individual,”.
26DA
In regulation 46IA (interpretation), in paragraph (1), in the definition of “third country”, for “United Kingdom, the Isle of Man” substitute “Territory”.
26DB
In regulation 46IB (import of relevant processed iron or steel products), after paragraph (2) insert—
(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1) to show that the person did not know and had no reasonable cause to suspect that the goods were relevant processed iron or steel products.
26DC
In regulation 46IF (interpretation), in the definition of “third country”, for “United Kingdom, the Isle of Man” substitute “Territory”.
33B
In regulation 59A(2)(b) (exceptions relating to processing payments), for “United Kingdom” substitute “Territory”.
34DBA
In regulation 60GAA (trade: exception in respect of iron and steel products, relevant processed iron or steel products and metals exported from Russia before the relevant day)—
- (a) in paragraph (1)(b), for “United Kingdom or the Isle of Man” substitute “Territory”;
- (b) in paragraph (7), for the words from “Section 3” to “applies” substitute “Any rules imposing an obligation to declare goods for a customs procedure on import into the Territory apply”.
43A
In regulation 70A (designated persons: reporting obligations)—
- (a) for “Treasury”, in each place it occurs, substitute “Governor”;
- (b) in paragraph (1), for “United Kingdom person” substitute “Territory person”;
- (c) in paragraph (2)—
- (i) in the opening words, for “United Kingdom person” substitute “Territory person”;
- (ii) in sub-paragraph (a), for “United Kingdom” substitute “Territory”.
26XG
In regulation 46Z16J (interpretation), in the definition of “third country”, for “United Kingdom, the Isle of Man” substitute “Territory”.
26XH
In regulation 46Z16Q (interpretation), in the definition of “third country”, for “United Kingdom, the Isle of Man” substitute “Territory”.
31EA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34DD
In regulation 60GC (trade: exception in respect of the acquisition of diamonds and diamond jewellery), in paragraph (1), for “United Kingdom or the Isle of Man” substitute “Territory”.
6A
Omit regulation 5A (conditions for the designation of persons by name) (including the heading).
26XI
In regulation 46Z16V (interpretation), in the definition of “third country”, for “United Kingdom, the Isle of Man” substitute “Territory”.
26Z10
In regulation 46Z38 (brokering services: non-UK activity relating to sectoral software and technology)—
- (a) for the heading substitute “Brokering services: non-Territory activity relating to sectoral software and technology”;
- (b) in paragraph (1), in sub-paragraphs (c), (d), (e) and (f), for “non-UK country” substitute “non-Territory country”;
- (c) 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 Russia.
32A
For regulation 58A (asset-freeze etc.: exception from prohibitions for required payments) substitute—
(58A) (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 Chapter 1 of 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.
34CZA
In regulation 60DZA—
- (a) for “Secretary of State”, in each place it occurs, substitute “Governor”;
- (b) in paragraph (1), for “UK statutory or regulatory obligations” substitute “statutory or regulatory obligations of the Territory”;
- (c) in paragraph (2)—
- (i) in the opening words for “23rd April 2025” substitute “11th December 2025”;
- (ii) in sub-paragraph (a) and (b) for “22nd July 2025” substitute “10th March 2026”.
43A
In regulation 70ZA (finance: reporting obligations for required payments)—
- (a) in paragraphs (1), (2) and (3), for “Treasury” substitute “Governor”;
- (b) in paragraph (5), for “58A(8)”, in both places it occurs, substitute “58A(7)”.
52A
For regulation 78A (finance: disclosure to the Treasury) substitute—
(78A) (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.
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