The Haiti (Sanctions) (Overseas Territories) Order 2022

Made: 14th December 2022

Laid before Parliament: 20th December 2022

Coming into force: 28th December 2022

At the Court at Buckingham Palace, the 14th day of December 2022 Present, The King’s Most Excellent Majesty in Council

His Majesty, in exercise of the powers conferred on Him by section 1 of the United Nations Act 1946[^f00002] and section 63(3)(c) and (4) of the Sanctions and Anti-Money Laundering Act 2018[^f00003], is pleased, by and with the advice of His Privy Council, to make the following Order:

Citation, commencement and extent

1

• (1) This Order may be cited as the Haiti (Sanctions) (Overseas Territories) Order 2022 and comes into force on 28th December 2022.

• (2) This Order extends to each British overseas territory listed in Schedule 1.

Extension of the Haiti (Sanctions) Regulations 2022

2

The Haiti (Sanctions) Regulations 2022[^f00004] as amended from time to time extend to each British overseas territory listed in Schedule 1 with the modifications specified in Schedule 2.

Extension of the Sanctions and Anti-Money Laundering Act 2018

3

Subject to the modification set out in paragraph (c), the following provisions of the Sanctions and Anti-Money Laundering Act 2018 extend to each British overseas territory listed in Schedule 1 for the purposes of the Haiti (Sanctions) Regulations 2022 as modified and extended to the territories by this Order—

• (a) section 44 (protection for acts done for purposes of compliance);

• (b) section 52(3) (Crown application);

• (c) section 53 (saving for prerogative powers), except that, in its application to a particular British overseas territory, the reference in subsection (1) of that section to the United Kingdom is to be read as a reference to that territory.

Exclusion of UN designated persons from the Territory

4

• (1) A person who is for the time being named for the purposes of paragraph 3 of resolution 2653 by the Security Council or the Committee must not enter, transit or remain in the Territory.

• (2) Paragraph (1) does not apply to a person who—

• (a) belongs to the Territory, or

• (b) in respect of the Sovereign Base Areas, is permitted to reside in the Sovereign Base Areas under the law applicable to the Sovereign Base Areas.

• (3) Paragraph (1) does not apply to a person if—

• (a) the application of that paragraph to that person would be contrary to the United Kingdom’s obligations under—

• (i) the European Convention on Human Rights, or

• (ii) the Refugee Convention, or

• (b) the person has been exempted from the application of paragraph (1) under a process applying by virtue of a resolution adopted by the Security Council.

• (4) The Governor may, with the consent of the Secretary of State, direct that, in relation to any person falling within paragraph (1) whose name is specified, or who is of a specified description, that paragraph has effect subject to specified exceptions.

• (5) A direction under this article—

• (a) may contain conditions;

• (b) must be of a defined duration (and that duration may be expressed in any way, including, for example, being expressed in a way such that the direction ceases to have effect on, or within a specified period after, the occurrence of a specified event).

• (6) The Governor may, with the consent of the Secretary of State, vary, revoke or suspend a direction under this article at any time.

• (7) On the issue, variation, revocation or suspension of a direction under this article, the Governor may take such steps as the Governor considers appropriate to publicise the issue, variation, revocation or suspension of the direction.

• (8) The Governor may, to such extent and subject to such restrictions and conditions as the Governor thinks proper, delegate or authorise the delegation of any of the Governor’s powers under this article to any person, or class or description of persons, and any references in this article to the Governor are to be construed accordingly.

• (9) In the exercise of any power conferred on the Governor by this article, the Governor is to act in their discretion.

• (10) In the application of this article to a particular British overseas territory, the expression “the Territory” means that territory.

• (11) For the purposes of this article, a person (“P”) belongs to the Territory if—

• (a) in respect of Anguilla, P is an Anguillian (within the meaning given to that term in the law of Anguilla);

• (b) in respect of the Cayman Islands, P is a Caymanian (within the meaning given to that term in the law of the Cayman Islands);

• (c) in respect of the Falkland Islands, P has Falkland Islands status (within the meaning given to that term in the law of the Falkland Islands);

• (d) in respect of Montserrat, P is a Montserratian (within the meaning given to that term in the law of Montserrat);

• (e) in respect of Pitcairn, P has the right of abode in Pitcairn under the law of Pitcairn;

• (f) in respect of St Helena, P has St Helenian status (within the meaning given to that term in the law of St Helena);

• (g) in respect of Tristan da Cunha, P has the right of abode in Tristan da Cunha under the law of Tristan da Cunha;

• (h) in respect of the Turks and Caicos Islands, P is a Turks and Caicos Islander (within the meaning given to that term in the law of the Turks and Caicos Islands);

• (i) in respect of the Virgin Islands, P belongs to the Virgin Islands (within the meaning given to that term in the law of the Virgin Islands).

• (12) In this article—

• “the Committee” means the Committee of the Security Council established in accordance with paragraph 19 of resolution 2653;

• “the European Convention on Human Rights” means the Convention for the Protection of Human Rights and Fundamental Freedoms done at Rome on 4 November 1950 and the Protocols to the Convention[^f00005];

• “the Governor” means, in relation to the Territory, the person holding or acting in the office of Governor of the Territory, or, if there is no such office, the officer for the time being administering the Territory;

• “Pitcairn” means Pitcairn, Henderson, Ducie and Oeno Islands;

• “the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention[^f00006];

• “resolution 2653” means resolution 2653 (2022) adopted by the Security Council on 21st October 2022;

• “Security Council” means the Security Council of the United Nations;

• “the Sovereign Base Areas” means the Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus;

• “specified” means specified in a direction under this article.

SCHEDULE 1 — British overseas territories

• Anguilla

• British Antarctic Territory

• British Indian Ocean Territory

• Cayman Islands

• Falkland Islands

• Montserrat

• Pitcairn, Henderson, Ducie and Oeno Islands

• St Helena, Ascension and Tristan da Cunha

• South Georgia and the South Sandwich Islands

• The Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus

• Turks and Caicos Islands

• Virgin Islands

SCHEDULE 2 — Modifications to be made in the extension of the Haiti (Sanctions) Regulations 2022 to each British overseas territory listed in Schedule 1

1

In regulation 1 (citation and commencement)—

• (a) in the heading, omit “and commencement”;

• (b) omit paragraph (2) (commencement).

2

In regulation 2 (interpretation)—

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

• (b) in that paragraph—

• (i) in the appropriate places, insert the following definitions—

• “aircraft” has the same meaning as it has in section 6(9) of the Act;

• “authorised officer” means, in relation to the Territory—a member of His Majesty’s forces in the Territory,a police or customs officer of the Territory,a person authorised by the Governor for the purposes of exercising, whether generally or in a particular case, any power conferred by—regulation 33 (finance: powers to request information),regulation 34 (finance: production of documents),regulation 36 (trade: information powers), regulation 36B (general trade licences: inspection of records), regulation 37 (disclosure of information),regulation 39A (suspected ships, aircraft or vehicles), orregulation 39B (search warrants), orany person acting under the authority of a person falling within any of paragraphs (a) to (c);

• “financial sanctions licence” means, in relation to the Territory, a licence issued by the Governor under regulation 29(1);

• “the Governor” is to be read in accordance with regulation 4A;

• “His Majesty’s forces” does not include a force of any country, other than the United Kingdom, that is a member of the Commonwealth;

• “ship” has the same meaning as it has in section 7(14) of the Act;

• “territorial sea of the Territory” means the territorial sea as defined in an enactment applicable in the Territory or, in the absence of such an enactment, the territorial sea adjacent to the Territory;

• “Territory aircraft” means, in relation to the Territory—an aircraft registered in the Territory, oran aircraft which is not registered under the law of a country outside the Territory but is wholly owned by persons each of whom is a Territory person;

• “Territory person” means, in relation to the Territory, a person who is—an individual ordinarily resident in the Territory who is—a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,a person who under the British Nationality Act 1981[^f00007] is a British subject, ora British protected person within the meaning of that Act, ora body incorporated or constituted under the law of any part of the Territory;

• “Territory ship” means, in relation to the Territory—a ship registered in the Territory, ora ship which is not registered under the law of a country outside the Territory but is wholly owned by persons each of whom is a Territory person;

• “vehicle” means a land transport vehicle.

• (ii) omit the definitions of—

• (aa) “the Commissioners”,

• (bb) “Treasury licence”, and

• (cc) “United Kingdom person”;

• (c) after that paragraph insert—

(2) In the application of these Regulations to a particular British overseas territory, the expression “the Territory” means that territory.

3

In regulation 3 (application of prohibitions and requirements outside the United Kingdom)—

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

• (b) in paragraphs (1) and (4), for “United Kingdom person” substitute “Territory person”;

• (c) in paragraphs (1), (4) and (7), for “United Kingdom” substitute “Territory”;

• (d) in paragraphs (2) and (5), after “in the territorial sea” insert “of the Territory”;

• (e) in paragraphs (3) and (6), for “Treasury licence” substitute “financial sanctions licence”.

4

In regulation 4 (purposes), for “the regulations contained in this instrument that are made under section 1 of the Act” substitute “these Regulations”.

5

At the end of Part 1 (General), insert—

(4A) (1) In these Regulations, “the Governor” means, in relation to the Territory, the person holding or acting in the office of Governor of the Territory, or, if there is no such office, the officer for the time being administering the Territory. (2) The Governor may, to such extent and subject to such restrictions and conditions as the Governor thinks proper, delegate or authorise the delegation of any of the Governor’s powers under these Regulations to any person, or class or description of persons, and any references in these Regulations to the Governor are to be construed accordingly. (3) In the exercise of any power conferred on the Governor by these Regulations, the Governor is to act in their discretion.

6

After regulation 5 (designation of persons named under UN Security Council Resolutions) insert—

(5A) (1) The Governor must— (a) publish a list of designated persons, and (b) keep the list up to date. (2) The Governor may publish the list under paragraph (1) in any form the Governor considers appropriate, including by means of a website. (3) For the purpose of this regulation, “designated person” means— (a) a person who is a designated person for the purposes of regulations 8 to 12 (asset-freeze etc.) (as they have effect in the United Kingdom) by reason of regulation 5(1) (designation of persons named under UN Security Council Resolutions) (as it has effect in the United Kingdom), and (b) a person who is a designated person for the purposes of regulations 15 to 22 (trade) (as they have effect in the United Kingdom) by reason of regulation 5(2) (as it has effect in the United Kingdom).

7

In regulation 14 (interpretation of expressions used in this Part)—

• (a) for paragraph (1) substitute—

(1) For the purposes of this Part— (a) “export” means export from the Territory, and (b) goods transported out of the Territory by aircraft or ship as stores within the meaning of CEMA (see section 1(1) and (4) of that Act) are to be regarded as exported. (1A) Paragraph 36 of Schedule 1 to the Act (trade sanctions) applies for the purpose of interpreting expressions in this Part.

• (b) for paragraph (2) substitute—

(2) In this Part, any reference to the Territory includes a reference to the territorial sea of the Territory.

8

In regulation 15 (export of small arms, light weapons and ammunition), at the end 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) (“P”) to show that P did not know and had no reasonable cause to suspect that the export was to, or for use in, Haiti.

9

In regulation 16 (supply and delivery of small arms, light weapons and ammunition), in paragraph (4) for “United Kingdom or the Isle of Man” substitute “Territory”.

10

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11

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12

In regulation 25 (finance: exceptions from prohibitions)—

• (a) omit paragraph (6);

• (b) in paragraph (7), for the definition of “relevant institution” substitute—

• “relevant institution”, in relation to the Territory, means a person domiciled in the Territory who would satisfy the threshold conditions for permission under Part 4A of the Financial Services and Markets Act 2000[^f00008] if it had its registered office (or if it does not have one, its head office) in the United Kingdom.

• (c) omit paragraph (8).

13

For regulation 27 (exception for authorised conduct in a relevant country) substitute—

(27) (1) Where a person’s conduct outside the Territory would, in the absence of this paragraph, contravene a prohibition in any of regulations 8 to 12 (asset-freeze etc.), the prohibition is not contravened if the conduct is authorised by a licence issued under regulation 29 (Treasury licences) (as it has effect in the United Kingdom) or regulation 29A (trade licences) (as it has effect in the United Kingdom). (2) Where a person’s conduct in a relevant country would, in the absence of this paragraph, contravene a prohibition in any of regulations 8 to 12 (“the relevant prohibition”), the relevant prohibition is not contravened if the conduct is authorised by a licence or other authorisation which is issued— (a) under the law of the relevant country, and (b) for the purpose of disapplying a prohibition in that jurisdiction which corresponds to the relevant prohibition. (3) In this regulation— - “relevant country” means—any of the Channel Islands,the Isle of Man, orany British overseas territory other than the Territory. (4) Nothing in this regulation affects the application of a prohibition in a case where it would be incompatible with a UN obligation for the prohibition not to apply.

14

For regulation 28 (exception for acts done for purposes of national security or prevention of serious crime), substitute—