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The Yemen (Sanctions) (Overseas Territories) Order 2020

Type Statutory-Instrument
Publication 2020-12-16
Last updated 2025-12-11
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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1

The Security Council of the United Nations adopted resolution 2140 (2014) (travel ban; asset-freeze and targeted arms embargo) on 26 February 2014 (“resolution 2140”). Paragraph 15 of resolution 2140 requires States to take necessary measures to prevent the entry into or transit through their territories of persons designated by the Committee established pursuant to paragraph 19 of that resolution. Paragraph 15 of resolution 2140 was renewed by paragraph 2 of resolution 2204 (2015) adopted by the Security Council on 24 February 2015, paragraph 2 of resolution 2266 (2016) adopted by the Security Council on 24 February 2016, paragraph 2 of resolution 2342 (2017) adopted by the Security Council on 23 February 2017, paragraph 2 of resolution 2402 (2018) adopted by the Security Council on 26 February 2018, paragraph 2 of resolution 2456 (2019) adopted by the Security Council on 26 February 2019, and paragraph 2 of resolution 2511 (2020) adopted by the Security Council on 25 February 2020.

4

Schedule 1 to the Interpretation Act 1978 (c. 30) provides that “IP completion day” has the same meaning as in the European Union (Withdrawal Agreement) Act 2020 (c. 1) (see section 39(1) to (5) of that Act).

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

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).

9

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

10

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

11

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.

12

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 Planning Act (Northern Ireland) 2011 (c.25), Schedule 6, paragraph 21; the Enterprise and Regulatory Reform Act 2013 (c. 24), section 70; S.I. 1991/1220; S.I. 1991/2684; S.I. 2000/121; and S.I. 2001/1283.

13

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; S.I. 2006/1629; and S.I. 2014/834.

Editorial notes

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Art. 2 in force at 31.12.2020 in accordance with art. 1(1)

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6A

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

18A

For regulation 30ZA (finance: 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 12 (asset-freeze in relation to designated persons) and 14 (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 non-UN designated person, the prohibition in regulation 12 is not contravened by the non-UN designated person making a reimbursement payment to that person. (5) The reference in paragraph (3) to a person making a required payment— (a) does not include a UN designated person, and (b) only includes a non-UN designated person where they are making a required payment on their own behalf. (6) For the purposes of this regulation— (a) references to a non-UN 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 non-UN designated person, and (b) the reference in paragraph (5) to a UN designated person is to be read as including a person who is owned or controlled directly or indirectly (within the meaning of regulation 7) by the UN designated person. (7) In this regulation— - “designated person” has the same meaning as it has in Part 3 (finance); - “non-UN designated person” means a person—who is designated under regulation 5 (power to designate persons) (as it has effect in the United Kingdom), for the purposes of regulations 12 to 16 (asset-freeze etc.) (as they have effect in the United Kingdom), andwhose designation, in the opinion of the Secretary of State, is not required by a provision mentioned in regulation 4(3); - “reimbursement payment” means a repayment from the non-UN designated person to the person who made a required payment which is of the same amount as that required payment; - “UN designated person” means—a person who is a designated person for the purposes of regulations 12 to 16 by reason of regulation 10 (designation of persons named by or under UN Security Council Resolutions), ora person who is designated under regulation 5 (as it has effect in the United Kingdom) for the purposes of regulations 12 to 16 (as they have effect in the United Kingdom) and whose designation is, in the opinion of the Secretary of State, required by a provision mentioned in regulation 4(3).

26A

In regulation 39A (finance: reporting obligations for required payments)—

  • (a) paragraphs (1), (2) and (3), for “Treasury” substitute “Governor”;
  • (b) in paragraph (5), for “30ZA(8)”, in both places it occurs, substitute “30ZA(7)”.

35A

For regulation 47A (finance: disclosure to the Treasury) substitute—

(47A) (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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