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

(20A) The Secretary of State may issue a licence in relation to any person who is designated under regulation 5 for the purposes of regulation 16A (director disqualification sanctions) providing that the prohibitions in— (a) section 11A(1) of the Company Directors Disqualification Act 1986, and (b) Article 15A(1) of the Company Directors Disqualification (Northern Ireland) Order 2002, do not apply to anything done under the authority of that licence. (20B) (1) This regulation applies in relation to Treasury licences and director disqualification licences. (2) A licence must specify the acts authorised by it. (3) A licence may be general or may authorise acts by a particular person or persons of a particular description. (4) A licence may— (a) contain conditions; (b) be of indefinite duration or a defined duration. (5) A person who issues a licence may vary, revoke or suspend it at any time. (6) A person who issues, varies, revokes or suspends a licence which authorises acts by a particular person must give written notice to that person of the issue, variation, revocation or suspension of the licence. (7) A person who issues, varies, revokes or suspends a general licence or a licence which authorises acts by persons of a particular description must take such steps as that person considers appropriate to publicise the issue, variation, revocation or suspension of the licence.

• (7) After regulation 21 (finance: licensing offences), insert—

(21A) (1) A person (“P”) commits an offence if P knowingly or recklessly— (a) provides information that is false in a material respect, or (b) provides or produces a document that is not what it purports to be, for the purpose of obtaining a director disqualification licence (whether for P or anyone else). (2) A person who purports to act under the authority of a director disqualification licence but who fails to comply with any condition of the licence commits an offence. (3) A licence in respect of which an offence under paragraph (1) has been committed is to be treated as void from the time at which it was issued.

• (8) In regulation 28(1)(b)(i) (disclosure of information), for “or Part 3 (Finance),” substitute “, Part 3 (Finance) or Part 3A (Director disqualification sanctions),”.

• (9) In the opening words of regulation 30(2) (penalties for offences), after “9(6) (confidentiality)” insert “or 21A (director disqualification: licensing offences)”.

• (10) In regulation 36(1) (notices), for “regulation 20 (Treasury licences)” substitute “regulation 20B(6) (Licences: general provisions)”.

Amendment of the Global Human Rights Sanctions Regulations 2020

13

• (1) The Global Human Rights Sanctions Regulations 2020²⁸ are amended as follows.

• (2) In regulation 2 (interpretation), in the appropriate place insert—

• “director disqualification licence” means a licence under regulation 20A;

• (3) In regulation 5(1) (power to designate persons), after sub-paragraph (a), insert—

(aa) regulation 16A (director disqualification sanctions;

• (4) After regulation 16 (circumventing etc. prohibitions), insert—

(16A) A person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation is a person subject to director disqualification sanctions for the purposes of— (a) section 11A of the Company Directors Disqualification Act 1986, and (b) Article 15A of the Company Directors Disqualification (Northern Ireland) Order 2002.

• (5) In regulation 20 (Treasury licences), omit paragraphs (2), (4), (5) and (6).

• (6) After regulation 20 insert—

(20A) The Secretary of State may issue a licence in relation to any person who is designated under regulation 5 for the purposes of regulation 16A (director disqualification sanctions) providing that the prohibitions in— (a) section 11A(1) of the Company Directors Disqualification Act 1986, and (b) Article 15A(1) of the Company Directors Disqualification (Northern Ireland) Order 2002, do not apply to anything done under the authority of that licence. (20B) (1) This regulation applies in relation to Treasury licences and director disqualification licences. (2) A licence must specify the acts authorised by it. (3) A licence may be general or may authorise acts by a particular person or persons of a particular description. (4) A licence may— (a) contain conditions; (b) be of indefinite duration or a defined duration. (5) A person who issues a licence may vary, revoke or suspend it at any time. (6) A person who issues, varies, revokes or suspends a licence which authorises acts by a particular person must give written notice to that person of the issue, variation, revocation or suspension of the licence. (7) A person who issues, varies, revokes or suspends a general licence or a licence which authorises acts by persons of a particular description must take such steps as that person considers appropriate to publicise the issue, variation, revocation or suspension of the licence.

• (7) In regulation 22 (notices), for “regulation 20(5) (Treasury licences: written notice)” substitute “regulation 20B(6) (Licences: general provisions)”.

• (8) After regulation 23 (finance: licensing offences), insert—

(23A) (1) A person (“P”) commits an offence if P knowingly or recklessly— (a) provides information that is false in a material respect, or (b) provides or produces a document that is not what it purports to be, for the purpose of obtaining a director disqualification licence (whether for P or anyone else). (2) A person who purports to act under the authority of a director disqualification licence but who fails to comply with any condition of the licence commits an offence. (3) A licence in respect of which an offence under paragraph (1) has been committed is to be treated as void from the time at which it was issued.

• (9) In regulation 30(1)(b)(i) (disclosure of information), for “or Part 3 (Finance),” substitute “, Part 3 (Finance) or Part 3A (Director disqualification sanctions),”.

• (10) In the opening words of regulation 32(2) (penalties for offences), after “9(6) (confidentiality)” insert “or 23A (director disqualification: licensing offences)”.

Amendment of the Unauthorised Drilling Activities in the Eastern Mediterranean (Sanctions) (EU Exit) Regulations 2020

14

• (1) The Unauthorised Drilling Activities in the Eastern Mediterranean (Sanctions) (EU Exit) Regulations 2020²⁹ are amended as follows.

• (2) In regulation 2 (interpretation), in the appropriate place insert—

• “director disqualification licence” means a licence under regulation 21A;

• (3) In regulation 5(1) (power to designate persons), after sub-paragraph (a), insert—

(aa) regulation 16A (director disqualification sanctions);

• (4) After regulation 16 (circumventing etc. prohibitions), insert—

(16A) A person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation is a person subject to director disqualification sanctions for the purposes of— (a) section 11A of the Company Directors Disqualification Act 1986, and (b) Article 15A of the Company Directors Disqualification (Northern Ireland) Order 2002.

• (5) In regulation 21 (Treasury licences), omit paragraphs (3) to (6).

• (6) After regulation 21 insert—

(21A) The Secretary of State may issue a licence in relation to any person who is designated under regulation 5 for the purposes of regulation 16A (director disqualification sanctions) providing that the prohibitions in— (a) section 11A(1) of the Company Directors Disqualification Act 1986, and (b) Article 15A(1) of the Company Directors Disqualification (Northern Ireland) Order 2002, do not apply to anything done under the authority of that licence. (21B) (1) This regulation applies in relation to Treasury licences and director disqualification licences. (2) A licence must specify the acts authorised by it. (3) A licence may be general or may authorise acts by a particular person or persons of a particular description. (4) A licence may— (a) contain conditions; (b) be of indefinite duration or a defined duration. (5) A person who issues a licence may vary, revoke or suspend it at any time. (6) A person who issues, varies, revokes or suspends a licence which authorises acts by a particular person must give written notice to that person of the issue, variation, revocation or suspension of the licence. (7) A person who issues, varies, revokes or suspends a general licence or a licence which authorises acts by persons of a particular description must take such steps as that person considers appropriate to publicise the issue, variation, revocation or suspension of the licence.

• (7) After regulation 22 (finance: licensing offences), insert—

(22A) (1) A person (“P”) commits an offence if P knowingly or recklessly— (a) provides information that is false in a material respect, or (b) provides or produces a document that is not what it purports to be, for the purpose of obtaining a director disqualification licence (whether for P or anyone else). (2) A person who purports to act under the authority of a director disqualification licence but who fails to comply with any condition of the licence commits an offence. (3) A licence in respect of which an offence under paragraph (1) has been committed is to be treated as void from the time at which it was issued.

• (8) In regulation 29(1)(b)(i) (disclosure of information), for “or Part 3 (Finance),” substitute “, Part 3 (Finance) or Part 3A (Director disqualification sanctions),”.

• (9) In the opening words of regulation 31(2) (penalties for offences), after “9(6) (confidentiality)” insert “or 22A (director disqualification: licensing offences)”.

• (10) In regulation 37(1) (notices), for “regulation 21 (Treasury licences)” substitute “regulation 21B(6) (Licences: general provisions)”.

Amendment of the Global Anti-Corruption Sanctions Regulations 2021

15

• (1) The Global Anti-Corruption Sanctions Regulations 2021³⁰ are amended as follows.

• (2) In regulation 2 (interpretation), in the appropriate place insert—

• “director disqualification licence” means a licence under regulation 21A;

• (3) In regulation 5(1) (power to designate persons), after sub-paragraph (a), insert—

(aa) regulation 16A (director disqualification sanctions);

• (4) After regulation 16 (circumventing etc. prohibitions), insert—

(16A) A person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation is a person subject to director disqualification sanctions for the purposes of— (a) section 11A of the Company Directors Disqualification Act 1986, and (b) Article 15A of the Company Directors Disqualification (Northern Ireland) Order 2002.

• (5) In regulation 21 (Treasury licences), omit paragraphs (2), (4), (5) and (6).

• (6) After regulation 21 insert—

(21A) The Secretary of State may issue a licence in relation to any person who is designated under regulation 5 for the purposes of regulation 16A (director disqualification sanctions) providing that the prohibitions in— (a) section 11A(1) of the Company Directors Disqualification Act 1986, and (b) Article 15A(1) of the Company Directors Disqualification (Northern Ireland) Order 2002, do not apply to anything done under the authority of that licence. (21B) (1) This regulation applies in relation to Treasury licences and director disqualification licences. (2) A licence must specify the acts authorised by it. (3) A licence may be general or may authorise acts by a particular person or persons of a particular description. (4) A licence may— (a) contain conditions; (b) be of indefinite duration or a defined duration. (5) A person who issues a licence may vary, revoke or suspend it at any time. (6) A person who issues, varies, revokes or suspends a licence which authorises acts by a particular person must give written notice to that person of the issue, variation, revocation or suspension of the licence. (7) A person who issues, varies, revokes or suspends a general licence or a licence which authorises acts by persons of a particular description must take such steps as that person considers appropriate to publicise the issue, variation, revocation or suspension of the licence.

• (7) After regulation 22 (finance: licensing offences), insert—

(22A) (1) A person (“P”) commits an offence if P knowingly or recklessly— (a) provides information that is false in a material respect, or (b) provides or produces a document that is not what it purports to be, for the purpose of obtaining a director disqualification licence (whether for P or anyone else). (2) A person who purports to act under the authority of a director disqualification licence but who fails to comply with any condition of the licence commits an offence. (3) A licence in respect of which an offence under paragraph (1) has been committed is to be treated as void from the time at which it was issued.

• (8) In regulation 29(1)(b)(i) (disclosure of information), for “or Part 3 (Finance),” substitute “, Part 3 (Finance) or Part 3A (Director disqualification sanctions),”.

• (9) In the opening words of regulation 31(2) (penalties for offences), after “9(6) (confidentiality)” insert “or 22A (director disqualification: licensing offences)”.

• (10) In regulation 37(1) (notices), for “regulation 21 (Treasury licences: written notice)” substitute “regulation 21B(6) (Licences: general provisions)”.

Amendment of the Myanmar (Sanctions) Regulations 2021

16

• (1) The Myanmar (Sanctions) Regulations 2021³¹ are amended as follows.

• (2) In regulation 2 (interpretation), in the appropriate place insert—

• “director disqualification licence” means a licence under regulation 44A;

• (3) In regulation 5(1) (power to designate persons), after sub-paragraph (a), insert—

(aa) regulation 16A (director disqualification sanctions);

• (4) After regulation 16 (circumventing etc. prohibitions), insert—

(16A) A person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation is a person subject to director disqualification sanctions for the purposes of— (a) section 11A of the Company Directors Disqualification Act 1986, and (b) Article 15A of the Company Directors Disqualification (Northern Ireland) Order 2002.

• (5) After regulation 44 (Treasury licences), insert—

(44A) do not apply to anything done under the authority of that licence. (1) The Secretary of State may issue a licence in relation to any person who is designated under regulation 5 for the purposes of regulation 16A (director disqualification sanctions) providing that the prohibitions in— (a) section 11A(1) of the Company Directors Disqualification Act 1986, and (b) Article 15A(1) of the Company Directors Disqualification (Northern Ireland) Order 2002,

• (6) In regulation 46(1) (licences: general provisions), after “Treasury licences” insert “, director disqualification licences”.

• (7) After regulation 47 (finance: licensing offences), insert—

(47A) (1) A person (“P”) commits an offence if P knowingly or recklessly— (a) provides information that is false in a material respect, or (b) provides or produces a document that is not what it purports to be, for the purpose of obtaining a director disqualification licence (whether for P or anyone else). (2) A person who purports to act under the authority of a director disqualification licence but who fails to comply with any condition of the licence commits an offence. (3) A licence in respect of which an offence under paragraph (1) has been committed is to be treated as void from the time at which it was issued.

• (8) In regulation 58(1)(b)(i) (disclosure of information), after “Part 3 Finance” insert “, Part 3A (Director disqualification sanctions)”.

• (9) In the opening words of regulation 60(3) (penalties for offences), after “9(6) (confidentiality),” insert “47A (director disqualification: licensing offences),”.

• (10) In regulation 65 (trade enforcement: application of CEMA), after paragraph (3), insert—

(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 2019³² 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