The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2020

Type Statutory-Instrument
Publication 2020-06-11
Last updated 2020-12-31
State In force
Department King's Printer of Acts of Parliament
PDF Download
articles Not indexed
Reform history JSON API

Made: 11th June 2020

Laid before Parliament: 15th June 2020

Coming into force in accordance with regulation 1(2)

The Secretary of State , in exercise of the powers conferred by sections 1, 45 and 54(2) of the Sanctions and Anti-Money Laundering Act 2018 , considers that the requirements of section 45(2) of the Act are satisfied and, having decided upon consideration of the matters set out in section 56(1) of the Act that it is appropriate to do so, makes the following Regulations:

Citation and commencement

1

PART 1 — Amendments of sanctions regulations

Amendment of the Democratic People's Republic of Korea (Sanctions) (EU Exit) Regulations 2019

2

(6) For the purposes of the definition of “arms and related materiel” in paragraph (5)— - “the Goods Classification Table” means the table so named in Annex I in Part Three of the Tariff of the United Kingdom; - “the Tariff of the United Kingdom” means the document containing the legal classification and import rate for products being imported into the United Kingdom, entitled “The Tariff of the United Kingdom”, as revised or re-issued from time to time , including by any document published under regulations made under section 8(1) of the Taxation (Cross-border Trade) Act 2018 replacing the same in whole or in part.

(c) a reference to a “CAS No” followed by a numerical sequence is a reference to the CAS Registry Numbers (CAS numbers) assigned to chemicals by the Chemical Abstracts Service, a division of the American Chemical Society. In some instances chemicals are listed by name and CAS number. The list applies to chemicals of the same structural formula (including hydrates) regardless of name or CAS number. CAS numbers are shown to assist in identifying a particular chemical or mixture, irrespective of nomenclature. CAS numbers cannot be used as unique identifiers because some forms of the listed chemical have different CAS numbers, and mixtures containing a listed chemical may also have different CAS numbers;

(2) Specially designed components for the engines specified in sub-paragraph (1).

Amendment of the Democratic Republic of the Congo (Sanctions) (EU Exit) Regulations 2019

3

(e) a prohibition imposed by a condition of a trade licence in relation to a prohibition mentioned in any of sub-paragraphs (a) to (d).

(aa) is not an existing trade licence, and

(11) To enable anything to be done in order that the functions of a diplomatic mission or consular post in the Democratic Republic of the Congo or of an international organisation enjoying immunities in accordance with international law may be carried out.

Amendment of the South Sudan (Sanctions) (EU Exit) Regulations 2019

4

(e) a prohibition imposed by a condition of a trade licence in relation to a prohibition mentioned in any of sub-paragraphs (a) to (d).

(aa) is not an existing trade licence, and

Amendment of the Iran (Sanctions) (Nuclear) (EU Exit) Regulations 2019

5

(5) For the purposes of the definition of “arms and related materiel” in paragraph (4)— - “the Goods Classification Table” means the table so named in Annex I in Part Three of the Tariff of the United Kingdom; - “the Tariff of the United Kingdom” means the document containing the legal classification and import rate for products being imported into the United Kingdom, entitled “The Tariff of the United Kingdom”, as revised or re-issued from time to time , including by any document published under regulations made under section 8(1) of the Taxation (Cross-border Trade) Act 2018 replacing the same in whole or in part.

(A1) Paragraph (B1) applies in relation to each licence or authorisation granted by the Secretary of State which— (a) was in effect immediately before the relevant date, and (b) authorises an act— (i) which would otherwise be prohibited by any provision of the Export Control Order 2008 except article 20 of that Order (embargoed destinations), or which requires an authorisation under or pursuant to the Dual-Use Regulation, and (ii) which would (on or after the relevant date, and in the absence of paragraph (B1)) be prohibited by Part 5 (Trade), and such a licence or authorisation is referred to in this regulation as an “existing trade licence”. (B1) A licence is deemed to have been issued by the Secretary of State at the beginning of the relevant date under regulation 41 (trade licences)— (a) disapplying every provision of Part 5 which would, in the absence of this paragraph, prohibit any act authorised by the existing trade licence, and (b) otherwise in the same terms as the existing trade licence.

(1) Paragraphs (2) to (4) apply to a licence or authorisation granted by the Secretary of State which— (a) was in effect immediately before the relevant date, (b) is not an existing trade licence, and (c) authorises an act— (i) which would otherwise be prohibited by either— (aa) the EU Iran Regulation, or (bb) the Iran (United Nations Sanctions) Order 2009 , and (ii) which would (on and after the relevant date, and in the absence of paragraphs (2) to (4)) be prohibited by Part 5 (Trade), and such a licence or authorisation is referred to in this regulation as “an existing trade sanctions licence”.

Amendment of the ISIL (Da'esh) and Al-Qaida (United Nations Sanctions) (EU Exit) Regulations 2019

6

transfer” has the meaning given by paragraph 37 of Schedule 1 to the Act.

Amendment of the Counter-Terrorism (International Sanctions) (EU Exit) Regulations 2019

7

transfer” has the meaning given by paragraph 37 of Schedule 1 to the Act.

PART 2 — Revocations and other amendments

Revocations

8

The following instruments are revoked—

Amendment consequential on Part 2 of the ISIL (Da'esh) and Al-Qaeda (United Nations Sanctions) (EU Exit) Regulations 2019

9

In the Schedule to the United Nations and European Union Financial Sanctions (Linking) Regulations 2017 , omit the following row from the table—

United Nations Security Council Resolution 2253 (2015) Council Regulation (EC) No. 881/2002 of 27th May 2002 imposing certain restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations.

Amendments consequential on the revocation of the ISIL (Da'esh) and Al-Qaida (Asset-Freezing) Regulations 2011

10

(da) an offence under Part 3, 5, 6 or 7 of the ISIL (Da'esh) and Al-Qaida (United Nations Sanctions) (EU Exit) Regulations 2019 or Part 3, 6 or 7 of the Counter-Terrorism (International Sanctions) (EU Exit) Regulations 2019 ;

(c) regulations 8 to 13, 25 or 26 of the ISIL (Da'esh) and Al-Qaida (United Nations Sanctions) (EU Exit) Regulations 2019 or regulations 11 to 16 of the Counter-Terrorism (International Sanctions) (EU Exit) Regulations 2019 ;

(da) an offence under regulations 8 to 13, 25 or 26 of the ISIL (Da'esh) and Al-Qaida (United Nations Sanctions) (EU Exit) Regulations 2019 or regulations 11 to 16 of the Counter-Terrorism (International Sanctions) (EU Exit) Regulations 2019 ;

Signed

Ahmad — Minister of State — 2020-06-11

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: The power to make regulations under Part 1 of the Sanctions and Anti-Money Laundering Act 2018 (c.13) is conferred on an appropriate Minister. Section 1(9)(a) of the Act defines an “appropriate Minister” as including the Secretary of State.

[^f00002]: 2018 c.13.

[^f00003]: S.I. 2019/411, amended by S.I. 2019/843.

[^f00004]: The Tariff of the United Kingdom, Version 1.0 is available electronically from: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/837199/Tariff_Reference_Document_8th_October.pdf. A hard copy is available for inspection free of charge at the offices of HMRC at 100 Parliament Street, London, SW1A 2BQ.

[^f00005]: 2018 c. 22.

[^f00006]: 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).

[^f00007]: S.I. 2019/433.

[^f00008]: S.I. 2019/438.

[^f00009]: S.I. 2019/461, amended by S.I. 2019/843.

[^f00010]: The Tariff of the United Kingdom, Version 1.0 is available electronically from: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/837199/Tariff_Reference_Document_8th_October.pdf. A hard copy is available for inspection free of charge at the offices of HMRC at 100 Parliament Street, London, SW1A 2BQ.

[^f00011]: 2018 c. 22.

[^f00012]: S.I. 2009/886, amended by S.I. 2010/2978, 2011/2985, 2016/378, 1119.

[^f00013]: S.I. 2019/466, amended by S.I. 2019/843.

[^f00014]: S.I. 2019/573, amended by S.I. 2019/843.

[^f00015]: S.I. 2009/886, amended by S.I. 2010/2978, 2011/2985, 2016/378, 1119.

[^f00016]: S.I. 2009/3213.

[^f00017]: S.I. 2010/2978.

[^f00018]: S.I. 2011/2985.

[^f00019]: S.I. 2016/378.

[^f00020]: S.I. 2016/937.

[^f00021]: S.I. 2016/1119.

[^f00022]: S.I. 2016/1208.

[^f00023]: S.I. 2017/319.

[^f00024]: S.I. 2017/556.

[^f00025]: S.I. 2017/883.

[^f00026]: S.I. 2017/928.

[^f00027]: S.I. 2017/986.

[^f00028]: S.I. 2017/999.

[^f00029]: S.I. 2017/1110.

[^f00030]: S.I. 2017/1278.

[^f00031]: S.I. 2018/523.

[^f00032]: S.I. 2018/1060.

[^f00033]: S.I. 2017/478, to which there are amendments not relevant to these Regulations.

[^f00034]: S.I. 2011/99, amended by S.I. 2011/2742, 2016/937; there are other amending instruments but none is relevant.

[^f00035]: S.I. 2019/466, amended by S.I. 2019/843.

[^f00036]: S.I. 2019/573, amended by S.I 2019/843.

[^f00037]: S.I. 2017/692, to which there are amendments not relevant to these Regulations.

[^f00038]: S.I. 2019/466, amended by S.I. 2019/843.

[^f00039]: S.I. 2019/573, amended by S.I 2019/843.

[^f00040]: S.I. 2019/466, amended by S.I. 2019/843.

[^f00041]: S.I. 2019/573, amended by S.I 2019/843.

Editorial notes

[^c24114631]: The power to make regulations under Part 1 of the Sanctions and Anti-Money Laundering Act 2018 (c.13) is conferred on an appropriate Minister. Section 1(9)(a) of the Act defines an “appropriate Minister” as including the Secretary of State.

[^c24114641]: 2018 c.13.

[^c24114651]: S.I. 2019/411, amended by S.I. 2019/843.

[^c24114661]: The Tariff of the United Kingdom, Version 1.0 is available electronically from: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/837199/Tariff_Reference_Document_8th_October.pdf. A hard copy is available for inspection free of charge at the offices of HMRC at 100 Parliament Street, London, SW1A 2BQ.

[^c24114671]: 2018 c. 22.

[^c24114681]: 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).

[^c24114691]: S.I. 2019/433.

[^c24114701]: S.I. 2019/438.

[^c24114711]: S.I. 2019/461, amended by S.I. 2019/843.

[^c24114721]: The Tariff of the United Kingdom, Version 1.0 is available electronically from: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/837199/Tariff_Reference_Document_8th_October.pdf. A hard copy is available for inspection free of charge at the offices of HMRC at 100 Parliament Street, London, SW1A 2BQ.

[^c24114731]: 2018 c. 22.

[^c24114741]: S.I. 2009/886, amended by S.I. 2010/2978, 2011/2985, 2016/378, 1119.

[^c24114751]: S.I. 2019/466, amended by S.I. 2019/843.

[^c24114761]: S.I. 2019/573, amended by S.I. 2019/843.

[^c24114771]: S.I. 2009/886, amended by S.I. 2010/2978, 2011/2985, 2016/378, 1119.

[^c24114781]: S.I. 2009/3213.

[^c24114791]: S.I. 2010/2978.

[^c24114801]: S.I. 2011/2985.

[^c24114811]: S.I. 2016/378.

[^c24114821]: S.I. 2016/937.

[^c24114831]: S.I. 2016/1119.

[^c24114841]: S.I. 2016/1208.

[^c24114851]: S.I. 2017/319.

[^c24114861]: S.I. 2017/556.

[^c24114871]: S.I. 2017/883.

[^c24114881]: S.I. 2017/928.

[^c24114891]: S.I. 2017/986.

[^c24114901]: S.I. 2017/999.

[^c24114911]: S.I. 2017/1110.

[^c24114921]: S.I. 2017/1278.

[^c24114931]: S.I. 2018/523.

[^c24114941]: S.I. 2018/1060.

[^c24114951]: S.I. 2017/478, to which there are amendments not relevant to these Regulations.

[^c24114961]: S.I. 2011/99, amended by S.I. 2011/2742, 2016/937; there are other amending instruments but none is relevant.

[^c24114971]: S.I. 2019/466, amended by S.I. 2019/843.

[^c24114981]: S.I. 2019/573, amended by S.I 2019/843.

[^c24114991]: S.I. 2017/692, to which there are amendments not relevant to these Regulations.

[^c24115001]: S.I. 2019/466, amended by S.I. 2019/843.

[^c24115011]: S.I. 2019/573, amended by S.I 2019/843.

[^c24115021]: S.I. 2019/466, amended by S.I. 2019/843.

[^c24115031]: S.I. 2019/573, amended by S.I 2019/843.

[^key-0153e77408f1f3b80fbdfbb27acd8f48]: Reg. 10 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514, reg. 5

[^key-019040afa149750f63365a00ce8fb568]: Reg. 5 not in force at made date, see reg. 1(2)

[^key-0d661486f940371b047a1b6f204d8d8b]: Reg. 3 not in force at made date, see reg. 1(2)

[^key-309ed5543b41d249eb783af51badbad9]: Reg. 7 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514, reg. 5

[^key-3142f489af6e6db2980a975b45960fd1]: Reg. 10 not in force at made date, see reg. 1(2)

[^key-3f0547fa2ade7a4190e1c3f02ae73070]: Reg. 2 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514, reg. 5

[^key-41d8f63d1ab790e446091496e829d779]: Reg. 9 not in force at made date, see reg. 1(2)

[^key-597ac8ff47628f026d515eff83c17e1f]: Reg. 6 not in force at made date, see reg. 1(2)

[^key-5c59be22cc02a08a3a1ca3135dc74312]: Reg. 3 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514, reg. 5

[^key-60c16f3a8aacdc07683b2e2b110df0b8]: Reg. 5 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514, reg. 5

[^key-64c78e8ab634f66a73beb7a3ed7b50ea]: Reg. 9 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514, reg. 5

[^key-670ad8af49e9c198efc946e5be26c12b]: Reg. 1 not in force at made date, see reg. 1(2)

[^key-7545ae1a0020faabd3e8b6aa55d58ea0]: Reg. 7 not in force at made date, see reg. 1(2)

[^key-78b83db06807cfd6d70806ed32217401]: Reg. 4 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514, reg. 5

[^key-859404773037f74aa6a0f53f5a45d2fc]: Reg. 2 not in force at made date, see reg. 1(2)

[^key-8f1cd4c5b713d173a7e7ab756678e1e8]: Reg. 1 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514, reg. 5

[^key-92c84ce5b3f5ff16ca002015defcd9e0]: Reg. 8 not in force at made date, see reg. 1(2)

[^key-a5aabaa156214660b5dfd5b5c37077fa]: Reg. 4 not in force at made date, see reg. 1(2)

[^key-a7ee9c3833e70a6ffa5793592fc9593a]: Reg. 6 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514, reg. 5

[^key-d8b630fc529ebf4fd054cfe90e6bb561]: Reg. 8 in force at 31.12.2020 immediately after IP completion day by S.I. 2020/1514, reg. 5

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

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