The Sanctions (EU Exit) (Miscellaneous Amendments and Revocations) Regulations 2024

(3A) The Commissioners may not investigate the suspected commission of a relevant offence listed in paragraph (3B), (3C) or (3D), unless the suspected offence has been the subject of— (a) a referral to the Commissioners by the Secretary of State, or (b) a decision by the Commissioners to treat the suspected offence as if it had been referred to them under sub-paragraph (a). (3B) Paragraph (3A) applies to the suspected commission of an offence under any of the following provisions— (a) regulation 37(3) (provision of interception and monitoring services); (b) regulation 38(4) (military activities or otherwise enabling or facilitating the conduct of armed hostilities). (3C) Paragraph (3A) also applies to the suspected commission of a relevant offence under any of regulations 48(1) and (2), 56(6) and 57(5) insofar as— (a) the suspected offence relates to a licence issued under regulation 45 (trade licences), and (b) the activity authorised by that licence would, if no licence had been issued, amount to an offence specified in paragraph (3B). (3D) Paragraph (3A) also applies to the suspected commission of a relevant offence under regulation 39(2) (circumventing etc. prohibitions) insofar as the prohibited activity to which the suspected offence relates is the circumvention of, or enabling or facilitation of a contravention of, a prohibition in relation to an offence specified in paragraph (3B).

PART 3 — Revocation of Sanctions Regulations

Revocation of the Burundi (Sanctions) (EU Exit) Regulations 2019

17

The Burundi (Sanctions) (EU Exit) Regulations 2019[^f00032] are revoked.

Signed

Andrew Mitchell — Minister of State — Foreign, Commonwealth and Development Office — 14th May 2024

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations are made under the Sanctions and Anti-Money Laundering Act 2018 (c. 13) (“the Sanctions Act”).

The Regulations make amendments to a number of sanctions regulations which have been made under section 1 of the Sanctions Act.

The Regulations amend the following sanctions regulations to introduce a new power to designate persons for the purpose of disqualifying those persons from being a director of a company or directly or indirectly taking part in or being concerned in the promotion, formation or management of a company; namely—

• the Venezuela (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/135),

• the Republic of Guinea-Bissau (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/554),

• the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/600),

• the Zimbabwe (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/604),

• the Chemical Weapons (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/618),

• the Syria (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/792),

• the Russia (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/855),

• the Guinea (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/1145),

• the Cyber (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/597),

• the Bosnia and Herzegovina (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/608),

• the Nicaragua (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/610),

• the Global Human Rights Sanctions Regulations 2020 (S.I. 2020/680),

• the Unauthorised Drilling Activities in the Eastern Mediterranean (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/1474)

• the Global Anti-Corruption Sanctions Regulations 2021 (S.I. 2021/488), and

• the Myanmar (Sanctions) Regulations 2021 (S.I. 2021/496).

The Regulations also amend provisions of the following sanctions regulations relating to the enforcement of trade sanctions, in particular as regards the application of enforcement provisions of the Customs and Excise Management Act 1979 (c. 2):

• the Venezuela (Sanctions) (Human Rights) (EU Exit) Regulations 2019,

• the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019,

• the Zimbabwe (Sanctions) (EU Exit) Regulations 2019,

• the Syria (Sanctions) (EU Exit) Regulations 2019,

• the Russia (Sanctions) (EU Exit) Regulations 2019, and

• the Myanmar (Sanctions) Regulations 2021.

Regulation 4 also makes further amendments and corrections to the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019:

• to introduce a new obligation for designated persons to report funds or economic resources which that person owns, holds or controls, and the location of those. This is supported by a new power for the Treasury to impose civil monetary penalties where a person commits an offence by refusing or failing to comply with that obligation, or knowingly or recklessly, giving false information,

• to introduce new trade prohibitions in relation to aluminium and certain critical-industry goods and critical-industry technology concerning: electronics, navigation and avionics, and aerospace and propulsion,

• to make minor corrections (see paragraph 6(b), (23) and (24)).

These Regulations also revoke the Burundi (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/1142).

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. An impact assessment was, however, produced for the Sanctions Act and can be found at:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/653271/Sanctions_and_Anti-Money_Laundering_Bill_Impact_Assessment_18102017.pdf

A paper copy of the impact assessment may be obtained in writing from the offices of the Foreign, Commonwealth and Development Office, King Charles Street, London SW1A 2AH.

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 that Act defines “appropriate Minister” as including the Secretary of State.

[^f00002]: 2018 c. 13. Section 45 is amended by sections 57(4) and section 62(3) of the Economic Crime (Transparency and Enforcement) Act 2022 (c. 10).

[^f00003]: Section 1 is amended by section 57(2) of the Economic Crime (Transparency and Enforcement) Act 2022 and section 35(2) of the Economic Crime and Corporate Transparency Act 2023 (c. 56) (“the 2023 Act”).

[^f00004]: Section 3A was inserted by section 35(3) of the 2023 Act.

[^f00005]: Section 15 is amended by section 35(5) of the 2023 Act.

[^f00006]: Relevant amendments to section 17 (enforcement) are made by paragraph 443(1) of Schedule 24 to the Sentencing Act 2020 (c. 17) and section 214(3) of the 2023 Act.

[^f00007]: Section 17A was inserted by section 214(4) of the 2023 Act.

[^f00008]: S.I. 2019/135, amended by S.I. 2020/590; S.I. 2020/951; S.I. 2022/500; S.I. 2022/818; and S.I. 2023/149.

[^f00009]: 1986 c. 46. Section 11A was inserted by section 36 of the 2023 Act.

[^f00010]: S.I. 2002/3150 (N.I. 4). Article 15A was inserted by section 38 of the Economic Crime and Corporate Transparency Act 2023.

[^f00011]: For the meaning of “the Commissioners”, see regulation 2 of S.I. 2019/135.

[^f00012]: For the meaning of “relevant offence”, see regulation 38A(3) of S.I. 2019/135.

[^f00013]: S.I. 2019/554, amended by S.I. 2020/590; S.I. 2020/951; S.I. 2022/500; S.I. 2022/818; S.I. 2022/1236; and S.I. 2023/149.

[^f00014]: S.I. 2019/600, amended by S.I. 2020/590; S.I. 2020/951; S.I. 2021/1146; S.I. 2022/500S.I. 2022/748; S.I. 2022/818; S.I. 2023/149; and S.I. 2023/616.

[^f00015]: For the meaning of “United Kingdom person”, see regulation 2(1) of S.I. 2019/600.

[^f00016]: Regulation 10 was substituted by S.I. 2021/1146.

[^f00017]: Regulation 56 was substituted by S.I. 2021/1146.

[^f00018]: 2018 c. 22.

[^f00019]: S.I. 2019/604, amended by S.I. 2020/590; S.I. 2020/951; S.I. 2022/500; S.I. 2022/818; and S.I. 2023/149.

[^f00020]: S.I. 2019/618, amended by S.I. 2020/590; S.I. 2020/951; S.I. 2022/500; S.I. 2022/818; and S.I. 2023/149.

[^f00021]: S.I. 2019/792, amended by S.I. 2020/590; S.I. 2020/951; S.I. 2022/500; S.I. 2022/818; and S.I. 2023/149.

[^f00022]: S.I. 2019/855, amended by S.I. 2020/590; S.I. 2020/951; S.I. 2022/123; S.I. 2022/194; S.I. 2022/195; S.I. 2022/203; S.I. 2022/205; S.I. 2022/241; S.I. 2022/395; S.I. 2022/452; S.I. 2022/477; S.I. 2022/500; S.I. 2022/792S.I. 2022/801; S.I. 2022/814; S.I. 2022/818; S.I. 2022/850, S.I. 2022/1110; S.I. 2022/1122; S.I. 2022/1331; S.I. 2023/149; S.I. 2023/440; S.I. 2023/665; S.I. 2023/713; S.I. 2023/1367, S.I. 2023/1364 and S.I. 2024/218.

[^f00023]: S.I. 2019/1145, amended by S.I. 2020/590; S.I. 2020/951; S.I. 2022/500; S.I 2022/818; and S.I. 2023/149.

[^f00024]: 1986 c. 46. Section 11A was inserted by section 36 of the Economic Crime and Corporate Transparency 2023 (c. 56).

[^f00025]: S.I. 2020/597, amended by S.I. 2020/951; S.I. 2022/500; S.I. 2022/818; and S.I. 2023/149.

[^f00026]: S.I. 2020/608, amended by S.I. 2020/951; S.I. 2022/500; S.I. 2022/818; and S.I. 2023/149.

[^f00027]: S.I. 2020/610, amended by S.I. 2020/951; S.I. 2022/500; S.I. 2022/818; and S.I. 2023/149.

[^f00028]: S.I. 2020/680, amended by S.I. 2022/500; S.I. 2022/818; and S.I. 2023/149.

[^f00029]: S.I. 2020/1474, amended by S.I. 2022/500; S.I. 2022/818; and S.I. 2023/149.

[^f00030]: S.I. 2021/488, amended by S.I. 2022/500; S.I. 2022/818; and S.I. 2023/149.

[^f00031]: S.I. 2021/496, amended by S.I. 2022/500; S.I. 2022/818; and S.I. 2023/149.

[^f00032]: S.I. 2019/1142, amended by S.I. 2020/590; S.I. 2020/951; S.I. 2020/1263; S.I. 2022/500; S.I 2022/818; and S.I. 2023/149.