The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) Order 2020

• (h) in paragraph (9)—

• (i) at the appropriate place, insert—

• “the 2012 Order” means the Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) Order 2012[^f00019];

• (ii) for the definition of “the relevant date” substitute—

• “the relevant date” means the date on which Part 4 comes into force.

101

For regulation 132 (transitional provision: trade licences) substitute—

(132) (1) Paragraphs (2) and (3) apply to a licence which— (a) was granted by the Governor under article 11 of the 2012 Order, (b) was in effect immediately before the relevant date, and (c) authorises an act which would (on and after the relevant date, and in the absence of paragraphs (2) to (4)) be prohibited by Part 6 (Trade), and such a licence is referred to in this regulation as an “existing trade sanctions licence”. (2) An existing trade sanctions licence has effect on and after the relevant date as if it were a licence which had been issued by the Governor under regulation 90 (trade licences). (3) Any reference in an existing trade sanctions licence to a prohibition in the 2012 Order is to be treated on and after the relevant date as a reference to the corresponding prohibition in Part 6. (4) In this regulation— - “the 2012 Order” has the meaning it has in regulation 131 (transitional provision: financial sanctions licences); - “the relevant date” means the date on which Part 6 comes into force.

102

For regulation 133 (transitional provision: pending applications for trade licences) substitute—

(133) (1) Paragraph (2) applies where— (a) an application was made before the relevant date for a licence under the 2012 Order, (b) the application is for authorisation of an act prohibited by Part 6 (Trade), and (c) a decision to grant or refuse the application has not been made before the relevant date. (2) The application is to be treated on and after the relevant date as an application for a licence under regulation 90 (trade licences). (3) In this regulation— - “the 2012 Order” has the meaning it has in regulation 131 (transitional provision: financial sanctions licences); - “the relevant date” means the date on which Part 6 comes into force.

103

In regulation 134 (transitional provision: prior obligations etc.), in paragraph (4), for the definition of “the relevant date” substitute—

• “the relevant date” means the date on which Part 4 comes into force.

104

In Schedule 3 (Treasury licences: purposes)—

• (a) in the heading, for “Treasury licences” substitute “Financial sanctions licences”;

• (b) in paragraphs 7A (pre-existing judicial decisions etc.) and 9B (judicial decisions etc.), for “United Kingdom” substitute “Territory”;

• (ba) for paragraph 9A (insolvency) substitute—

(9A) (1) To enable anything to be done in connection with— (a) any insolvency and restructuring proceedings relating to an insolvent person, or (b) proceedings, under the insolvency law of any country other than the Territory, that correspond to the proceedings in paragraph (a), provided that any payments made directly or indirectly to a designated person are credited to a frozen account. (2) In this paragraph— - “insolvency and restructuring proceedings” includes—any proceedings, under any law relating to insolvency for the time being in force in the Territory, whereby, for a set period of time, the creditors of an insolvent person are precluded from taking action against the insolvent person;any arrangement, under any such law, involving an agreement between an insolvent person and its creditors which is administered by an insolvency practitioner, and “insolvency practitioner” has the meaning given by regulation 100(2H);any administration procedure, under any such law, in accordance with which proceedings, actions or other steps against an insolvent person are prohibited for the purpose of allowing the insolvent person to do either or both of the following—reorganise assets;realise assets;any receivership procedure, under any such law, whereby a secured creditor of an insolvent person can appoint an administrative receiver to manage and sell the insolvent person’s business and assets;any proceedings, under any such law, for the winding up of a company but excluding any proceedings relating to the winding up of a solvent company;any arrangement or scheme sanctioned by a court, under any such law, between a company and its members or creditors which can be used to effect solvent reorganisation of the company or effect insolvent restructurings; - “insolvent person” means a person (“P”), other than an individual, where—P is unable to pay its debts as they fall due, orthe value of P’s assets is less than the amount of its liabilities, taking into account its contingent and prospective liabilities.

• (c) in paragraph 10(c), for “the designation of that person for the purposes of that regulation” substitute “that person being a designated person for the purposes of Part 4 (Finance) as defined in regulation 32 (meaning of “designated person” in Part 4)”.

Signed

Richard Tilbrook — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order extends with modifications the Democratic People’s Republic of Korea (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/411) (“the DPRK Regulations”) as amended from time to time to all British overseas territories except Bermuda and Gibraltar (which implement sanctions under their own legislative arrangements). It also implements in those territories the travel ban in respect of UN designated persons required by paragraph 8(e) of resolution 1718 (2006) adopted by the Security Council on 14 October 2006 (which in the United Kingdom is implemented by way of the Immigration Act 1971 (c.77) rather than the DPRK Regulations).

Section 63(3)(c) of the Sanctions and Anti-Money Laundering Act 2018 (c.13) (“the Sanctions Act”) provides that Her Majesty may by Order in Council provide for any provision of Part 1 of that Act, or any regulations under Part 1 of that Act, to extend with or without modifications to any of the British overseas territories. Section 63(4) provides that this includes the power to extend any regulations as amended from time to time.

Section 1 of the United Nations Act 1946 (c.45) provides that Her Majesty may by Order in Council make such provision as appears to Her necessary or expedient for enabling the effective application of certain measures where, under Article 41 of the Charter of the United Nations, the Security Council has called upon Her Majesty’s Government in the United Kingdom to apply such measures to give effect to any decision of that Council. In accordance with subsection (2) of that section, such Orders in Council may extend to the British overseas territories.

The DPRK Regulations were made under Part 1 of the Sanctions Act to establish a sanctions regime in relation to the Democratic People’s Republic of Korea (“DPRK”) for the purposes of implementing many of the obligations that the United Kingdom has under UN Security Council Resolution 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017), 2375 (2017) and 2397 (2017). They also have the purposes of restricting the ability of the DPRK to carry on its nuclear, biological or chemical weapons programmes, other weapons of mass destruction programmes and ballistic missile programmes, to promote the abandonment of those programmes and the decommissioning of the weapons, and to promote peace, security and stability on the Korean peninsula.

The DPRK Regulations, as modified and extended to the British overseas territories listed in Schedule 1 by this Order (“the modified Regulations”), provide that a person named by the UN or designated by the Secretary of State for being, or having been, involved in certain activities, is a designated person for the purposes of the modified Regulations. Designated persons are subject to various sanctions measures set out in the modified Regulations. The modified Regulations also provide for certain ships specified by the Secretary of State to be subject to various sanctions measures. The modified Regulations make provision in respect of publishing lists of designated persons and specified ships.

Chapter 1 of Part 4 of the modified Regulations provides for designated persons to be made subject to financial sanctions, including having their funds and/or economic resources frozen. Chapter 2 of Part 4 imposes further restrictions on the activities of designated persons and also on financial services, commercial activities and investment.

Part 5 of the modified Regulations provides that persons designated by the Secretary of State in the United Kingdom – who as a consequence are ‘excluded persons’ under section 8B of the Immigration Act 1971 – must not enter, transit or remain in the British overseas territories set out in Schedule 1 to this Order.

Part 6 of the modified Regulations deals with trade restrictions on specified goods and technology. Related controls are also imposed on the provision of financial services and funds, technical assistance and brokering services. Chapter 1 deals with the restrictions on military and dual-use goods and technology, and other goods and technology related to arms and weapons of mass destruction (all as defined in the Regulations, including Schedule 2). Chapter 2 deals with restrictions on other goods. Chapter 3 deals with restrictions on certain services related to ships and aircraft.

Part 7 of the modified Regulations deals with aircraft sanctions and Part 8 with shipping sanctions.

Part 9 of the modified Regulations provide for certain exceptions to this sanctions regime (for example to allow for frozen accounts to be credited with interest or other earnings and to allow acts done for the purpose of national security or the prevention of serious crime). The Governor of a British overseas territory to which the modified Regulations extend may, with the consent of the Secretary of State, issue a licence or direction in respect of activities that would otherwise be prohibited under the modified Regulations. Schedule 3 sets out further provision about the purposes for which the Governor may issue a financial sanctions licence in some cases.

The modified Regulations prescribe powers for the provision and sharing of information to enable the effective implementation and enforcement of the sanctions regime. The modified Regulations also prescribe enforcement powers in relation to suspected ships, aircraft or vehicles, and for the issue of a search warrant. The modified Regulations make it a criminal offence to contravene, or circumvent, any of the prohibitions in the modified Regulations and prescribe the penalties that apply to such offences.

The modifications set out in Schedule 2 to this Order include modifications to provisions in the Regulations which are prospectively amended by the Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/591) and the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 3) Regulations 2020 (S.I. 2020/950) (“the amending regulations”). Therefore, article 1(1) provides that this Order comes into force immediately after both the amending regulations have come into force in the United Kingdom. The amending regulations will be brought into force on a day appointed by the Secretary of State in regulations under section 56 of the Sanctions Act.

This Order also extends to the territories for the purposes of the modified Regulations specific provisions of Part 1 of the Sanctions Act, namely provisions relating to protection for acts done for purposes of compliance, Crown application and saving for prerogative powers.

This Order also provides that, subject to certain exceptions, UN designated persons must not enter, transit or remain in the territories.

An Impact Assessment has not been prepared for this instrument: the territorial extent of the instrument and modified Regulations is the British overseas territories listed in Schedule 1, and no, or no significant, impact is foreseen on the private, voluntary or public sectors in the United Kingdom.

Footnotes

[^f00001]: The Security Council of the United Nations adopted resolution 1718 (2006) on 14 October 2006 (“resolution 1718”). Paragraph 8(e) of resolution 1718 requires States to “take the necessary steps to prevent the entry into or transit through their territories of the persons designated by the Committee or by the Security Council as being responsible for, including through supporting or promoting, DPRK policies in relation to the DPRK’s nuclear-related, ballistic missile-related and other weapons of mass destruction-related programmes, together with their family members”.

[^f00002]: 1946 c.45.

[^f00003]: 2018 c.13.

[^f00004]: S.I. 2020/591. Regulation 2 prospectively amends S.I. 2019/411.

[^f00005]: S.I. 2020/950. Regulation 2 prospectively amends S.I. 2019/411.

[^f00006]: S.I. 2019/411, amended by S.I. 2019/843; and prospectively amended by S.I. 2020/591 and S.I. 2020/950.

[^f00007]: ETS Numbers 005, 009, 046, 114, 117, 177, 187 and CETS Numbers 194, 213 and 214.

[^f00008]: United Nations Treaty Series, vol. 189, p. 137 and vol. 606, p. 267.

[^f00009]: 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).

[^f00010]: 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.

[^f00011]: ETS Numbers 005, 009, 046, 114, 117, 177, 187 and CETS Numbers 194, 213 and 214.

[^f00012]: United Nations Treaty Series, vol. 189, p. 137 and vol. 606, p. 267.

[^f00013]: 2000 c.38.

[^f00014]: S.1. 2013/2870, amended by S.I. 2014/2925; S.I. 2014/2925; S.I. 2014/3281; S.I. 2015/1769; and S.I. 2019/853.

[^f00015]: 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.

[^f00016]: Regulation 86A was inserted by S.I. 2020/950, regulation 2(3).

[^f00017]: 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. 1991/2684; S.I. 2000/121; and S.I. 2001/1283.

[^f00018]: 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; and S.I. 2014/834.

[^f00019]: S.I. 2012/3066, amended by S.I. 2013/1718; S.I. 2013/2599; S.I. 2016/630; S.I. 2016/769; S.I. 2016/991; S.I. 2017/320; S.I. 2017/780; S.I. 2017/1108; S.I. 2017/1277; S.I. 2018/524 and S.I. 2018/1076.

Editorial notes

[^key-0ec1bbff05dc164a55fab7b99d9d7987]: Art. 2 in force at 31.12.2020, see art. 1(1)

[^key-d17b2f17ae4e6d40734e39e49415e509]: Art. 1 in force at 31.12.2020, see art. 1(1)

[^key-da26b3bd2793974ec59aa1702e00151f]: Art. 3 in force at 31.12.2020, see art. 1(1)

[^key-30c21ba1f766d918b2a6f10e2be409a9]: Sch. 1 in force at 31.12.2020, see art. 1(1)

[^key-7133e8af88dd93dc5313b4e938ffdaf5]: Sch. 2 para. 2 in force at 31.12.2020, see art. 1(1)

[^key-1cda5b57ec8e27ea1eb4667c2a68168b]: Sch. 2 para. 69 in force at 31.12.2020, see art. 1(1)

[^key-b31ee475b8d313dc146932b1a062522b]: Sch. 2 para. 104 in force at 31.12.2020, see art. 1(1)

[^key-85395d1aeb835aa8ffce3c038202b11c]: Art. 4 in force at 31.12.2020, see art. 1(1)

[^key-dad4787fa6047caed073014ac4c38e26]: Sch. 2 para. 1 in force at 31.12.2020, see art. 1(1)

[^key-143ce2088a209ed35b4c5dc474bf77fa]: Sch. 2 para. 3 in force at 31.12.2020, see art. 1(1)

[^key-e9842c463360b481bd97e78f8cbcb557]: Sch. 2 para. 4 in force at 31.12.2020, see art. 1(1)

[^key-089efdffae4070d27775edf783345f13]: Sch. 2 para. 5 in force at 31.12.2020, see art. 1(1)

[^key-080981841c086410a7dbed82a93b4483]: Sch. 2 para. 6 in force at 31.12.2020, see art. 1(1)

[^key-99747918876814988209006942202845]: Sch. 2 para. 7 in force at 31.12.2020, see art. 1(1)

[^key-e2948a2e26b74cc4c288bfca1f6574e5]: Sch. 2 para. 8 in force at 31.12.2020, see art. 1(1)

[^key-63f4cdd201e401b95350c73387abe95f]: Sch. 2 para. 9 in force at 31.12.2020, see art. 1(1)

[^key-253d2936b7a15172a5403e48c668617c]: Sch. 2 para. 10 in force at 31.12.2020, see art. 1(1)

[^key-32563f5f133e9e1ab6e8fb00cd7f73b0]: Sch. 2 para. 11 in force at 31.12.2020, see art. 1(1)

[^key-c8cc4cf14541851ed1df957a90edc577]: Sch. 2 para. 12 in force at 31.12.2020, see art. 1(1)

[^key-d5599c3ca77388f07bb6d82a6613fb00]: Sch. 2 para. 13 in force at 31.12.2020, see art. 1(1)

[^key-f08fe12a00adc7a57ab4fb0d03949463]: Sch. 2 para. 14 in force at 31.12.2020, see art. 1(1)

[^key-75cd3f8138f35d4de1fd568601cc9550]: Sch. 2 para. 15 in force at 31.12.2020, see art. 1(1)

[^key-9deda7b05101bcd6b8b98b47bfdce64d]: Sch. 2 para. 16 in force at 31.12.2020, see art. 1(1)

[^key-117374006f3f144b9ec7e948aaa6e548]: Sch. 2 para. 17 in force at 31.12.2020, see art. 1(1)

[^key-30cfa70df2d7750a6935255436d81ea0]: Sch. 2 para. 18 in force at 31.12.2020, see art. 1(1)

[^key-78bfc34d56880592c7e1e6966024bff1]: Sch. 2 para. 19 in force at 31.12.2020, see art. 1(1)

[^key-37536025f6ce398e43d10b16b1c5c80d]: Sch. 2 para. 20 in force at 31.12.2020, see art. 1(1)

[^key-cd99b1356cdc1d8fc847a6e5c6d0d159]: Sch. 2 para. 21 in force at 31.12.2020, see art. 1(1)

[^key-78e1fbee503199356ef2cb38ea91064a]: Sch. 2 para. 22 in force at 31.12.2020, see art. 1(1)

[^key-841416792198341cc06bb6899c0947e0]: Sch. 2 para. 23 in force at 31.12.2020, see art. 1(1)

[^key-ae96f68905ef22763a524015dc3bd999]: Sch. 2 para. 24 in force at 31.12.2020, see art. 1(1)

[^key-3ceb5ffbdbd4d3f3d83e780767559e11]: Sch. 2 para. 25 in force at 31.12.2020, see art. 1(1)

[^key-1433f1c18dead278f2e07aa916f26312]: Sch. 2 para. 26 in force at 31.12.2020, see art. 1(1)

[^key-c8b7f188a1b20423bcb8829a187b806b]: Sch. 2 para. 27 in force at 31.12.2020, see art. 1(1)

[^key-dbb98242565ad8c90e3286e658aa3474]: Sch. 2 para. 28 in force at 31.12.2020, see art. 1(1)

[^key-b2528c4f968eb23acaa732fb5248ae3e]: Sch. 2 para. 29 in force at 31.12.2020, see art. 1(1)

[^key-949e487b1421ad0024d82e8ae8430208]: Sch. 2 para. 30 in force at 31.12.2020, see art. 1(1)

[^key-c61a2eda68813d87eea96a04b9ca03a0]: Sch. 2 para. 31 in force at 31.12.2020, see art. 1(1)

[^key-bf141451d88a05920156bcb350b83f8f]: Sch. 2 para. 32 in force at 31.12.2020, see art. 1(1)

[^key-23141704b6a75aa019e62793c166e696]: Sch. 2 para. 33 in force at 31.12.2020, see art. 1(1)

[^key-ec4586c162d12ee849cd717b95d3ffe7]: Sch. 2 para. 34 in force at 31.12.2020, see art. 1(1)

[^key-0b6facc0a9ba538728f79976274997a7]: Sch. 2 para. 35 in force at 31.12.2020, see art. 1(1)

[^key-8c47c02d66098316c48414521157e4ff]: Sch. 2 para. 36 in force at 31.12.2020, see art. 1(1)

[^key-3f41808a8c5f69fd8dbc6dbe2784e9ab]: Sch. 2 para. 37 in force at 31.12.2020, see art. 1(1)

[^key-3f8dcdbbd36f638e5ce921b946471e30]: Sch. 2 para. 39 in force at 31.12.2020, see art. 1(1)

[^key-0ee1e0dc37157b9a9d64f68c7a19b0f2]: Sch. 2 para. 40 in force at 31.12.2020, see art. 1(1)

[^key-d2b5f1e8a35cda8ad727bba49ae19c44]: Sch. 2 para. 41 in force at 31.12.2020, see art. 1(1)

[^key-285d7b173fccf7cff96d7b3aafaab690]: Sch. 2 para. 42 in force at 31.12.2020, see art. 1(1)

[^key-7e73e27d415b7e36036f295cd5d98638]: Sch. 2 para. 43 in force at 31.12.2020, see art. 1(1)

[^key-2b07f8317b83e153fe95d32766dfc58e]: Sch. 2 para. 44 in force at 31.12.2020, see art. 1(1)

[^key-0220744b057bc76b3129c5c19c28fb09]: Sch. 2 para. 45 in force at 31.12.2020, see art. 1(1)

[^key-4b085513903dd50617595a22f3f2b380]: Sch. 2 para. 46 in force at 31.12.2020, see art. 1(1)

[^key-243a2cd6e0d11761ef512da9ecd36337]: Sch. 2 para. 47 in force at 31.12.2020, see art. 1(1)

[^key-777d7e07e93204906264aad50d245fc7]: Sch. 2 para. 48 in force at 31.12.2020, see art. 1(1)

[^key-3c5e760b157b0658247b4149bba776ad]: Sch. 2 para. 49 in force at 31.12.2020, see art. 1(1)

[^key-9a946ab15de809fe3381dafb587eaef3]: Sch. 2 para. 50 in force at 31.12.2020, see art. 1(1)

[^key-d0865d5040fad3bae9aa5130b815bdff]: Sch. 2 para. 51 in force at 31.12.2020, see art. 1(1)

[^key-87cb7c5c05572b31786f94013ba44567]: Sch. 2 para. 52 in force at 31.12.2020, see art. 1(1)

[^key-3e6db1a0574476b86bd58edc07b56b1a]: Sch. 2 para. 53 in force at 31.12.2020, see art. 1(1)

[^key-27187fedef1990e93f11bba40af9c906]: Sch. 2 para. 54 in force at 31.12.2020, see art. 1(1)

[^key-8849951af4f542b7e660edf652f9b736]: Sch. 2 para. 55 in force at 31.12.2020, see art. 1(1)

[^key-fd97a6a8dc44f04e74c0abbaf905187f]: Sch. 2 para. 56 in force at 31.12.2020, see art. 1(1)

[^key-6335eada2f23280136332f527b514206]: Sch. 2 para. 57 in force at 31.12.2020, see art. 1(1)

[^key-4683d6052df71a0e7679fdbe1f8c9fa3]: Sch. 2 para. 58 in force at 31.12.2020, see art. 1(1)

[^key-c758314d7fd5ffd2fe3731251433e821]: Sch. 2 para. 59 in force at 31.12.2020, see art. 1(1)

[^key-910fcadbddac84471ffd9c8b27a05a8a]: Sch. 2 para. 60 in force at 31.12.2020, see art. 1(1)

[^key-fbc3358642390957f84c72c272f9ae63]: Sch. 2 para. 61 in force at 31.12.2020, see art. 1(1)

[^key-a92a4e7a6f8f47e7eac4161d6870f177]: Sch. 2 para. 62 in force at 31.12.2020, see art. 1(1)

[^key-509bf3fe9da5624a6ae621e4e0a06479]: Sch. 2 para. 63 in force at 31.12.2020, see art. 1(1)

[^key-56d22844177be3df30eb89b4214ef791]: Sch. 2 para. 64 in force at 31.12.2020, see art. 1(1)

[^key-5a937e3929b9d996a346d34ea8f4ca6f]: Sch. 2 para. 65 in force at 31.12.2020, see art. 1(1)

[^key-b14532d66569ab108cf54853c755243f]: Sch. 2 para. 66 in force at 31.12.2020, see art. 1(1)

[^key-b75d3a010a7e7329a5bc41d7a92e63b2]: Sch. 2 para. 67 in force at 31.12.2020, see art. 1(1)

[^key-a71e4120251787ec3c2f1934ba3de2f0]: Sch. 2 para. 68 in force at 31.12.2020, see art. 1(1)

[^key-827ed59417f6648436afeb83345c6792]: Sch. 2 para. 70 in force at 31.12.2020, see art. 1(1)

[^key-ccefd823fe007720e162cfd7a299d45e]: Sch. 2 para. 71 in force at 31.12.2020, see art. 1(1)

[^key-c0268960a62053f13fa9c7fe8fab792f]: Sch. 2 para. 72 in force at 31.12.2020, see art. 1(1)

[^key-23ec1fe92a190c767e6d37222528f5e4]: Sch. 2 para. 73 in force at 31.12.2020, see art. 1(1)

[^key-b38a066e601cc76a4cfac3794abe4094]: Sch. 2 para. 74 in force at 31.12.2020, see art. 1(1)

[^key-7e60c8de85eb6491db5f779305d7b8f4]: Sch. 2 para. 75 in force at 31.12.2020, see art. 1(1)

[^key-c176e24f6495da55fcc6b4eddc6ebcff]: Sch. 2 para. 76 in force at 31.12.2020, see art. 1(1)

[^key-4455d1803f92e00e14b3218f27e9c5c3]: Sch. 2 para. 77 in force at 31.12.2020, see art. 1(1)

[^key-d4cc3200b31cf4893a3b0a022726ffff]: Sch. 2 para. 78 in force at 31.12.2020, see art. 1(1)

[^key-f13c88cdf7a7394865267e08856f5b90]: Sch. 2 para. 79 in force at 31.12.2020, see art. 1(1)

[^key-17155b4d8c93c7764f164b096cfc7344]: Sch. 2 para. 80 in force at 31.12.2020, see art. 1(1)

[^key-50a2b997b1c4d7644c9de05be0e2bc82]: Sch. 2 para. 81 in force at 31.12.2020, see art. 1(1)

[^key-4f9a017e4999d00f0faabe689e29abf5]: Sch. 2 para. 82 in force at 31.12.2020, see art. 1(1)

[^key-9eeb204bb50e465ba4ca35b73da56f27]: Sch. 2 para. 83 in force at 31.12.2020, see art. 1(1)

[^key-92a33b3f975422d38340ae402289d37e]: Sch. 2 para. 84 in force at 31.12.2020, see art. 1(1)

[^key-9bd34606b727df45cd7a1cc943d2da7d]: Sch. 2 para. 85 in force at 31.12.2020, see art. 1(1)

[^key-18bdb83d93536f821eaba4f98ff77aaf]: Sch. 2 para. 86 in force at 31.12.2020, see art. 1(1)

[^key-7b60fdfdca85732eaec5154dd1049dfc]: Sch. 2 para. 87 in force at 31.12.2020, see art. 1(1)

[^key-156b98f0bfa2bdd2bc902a1b6b9ba247]: Sch. 2 para. 88 in force at 31.12.2020, see art. 1(1)

[^key-e46f19bf1dcc9f02470a62d0954b8a27]: Sch. 2 para. 89 in force at 31.12.2020, see art. 1(1)

[^key-6f5b9212c7e1122f595d639c8c9665a5]: Sch. 2 para. 90 in force at 31.12.2020, see art. 1(1)

[^key-ec53e35c19a0eee58131a6e49571b2d2]: Sch. 2 para. 91 in force at 31.12.2020, see art. 1(1)

[^key-9b2445c98f851e23caac75805ef70fac]: Sch. 2 para. 92 in force at 31.12.2020, see art. 1(1)

[^key-332ddb8a37709cd7f1daf3a654f70190]: Sch. 2 para. 93 in force at 31.12.2020, see art. 1(1)

[^key-8c0ae2dc880b8a407ec826af14a97c90]: Sch. 2 para. 94 in force at 31.12.2020, see art. 1(1)

[^key-c5bb22e129f0f7e86608954920d52e97]: Sch. 2 para. 95 in force at 31.12.2020, see art. 1(1)

[^key-2b960c12d823c4c3f7fefea5d9be516d]: Sch. 2 para. 96 in force at 31.12.2020, see art. 1(1)

[^key-cd9ed3b733c1d000f14377593eb9173a]: Sch. 2 para. 97 in force at 31.12.2020, see art. 1(1)

[^key-169d9685c7e7551bc2cd819075b21b9f]: Sch. 2 para. 98 in force at 31.12.2020, see art. 1(1)

[^key-b8b7e7a1c49d7e9f70f3cb29c81aaab5]: Sch. 2 para. 99 in force at 31.12.2020, see art. 1(1)

[^key-5f38461b35d7c37f926ff5612b37a47f]: Sch. 2 para. 100 in force at 31.12.2020, see art. 1(1)

[^key-3eab99bd1c3c52a9ca2feff7b02f1943]: Sch. 2 para. 101 in force at 31.12.2020, see art. 1(1)

[^key-e5a3b3c0831b4669b34ede29d1321740]: Sch. 2 para. 102 in force at 31.12.2020, see art. 1(1)

[^key-1deb482f070a0e830f30ae121dd17664]: Sch. 2 para. 103 in force at 31.12.2020, see art. 1(1)

[^key-29b72f20c0b80a4a17e14f82fd6c1376]: Sch. 2 para. 6A inserted (11.12.2025) by The Sanctions (Miscellaneous Amendments) (Overseas Territories) Order 2025 (S.I. 2025/1307), art. 1(1), Sch. 3 para. 2

[^key-25c3195af0fd246b89317b301e2df9fd]: Sch. 2 para. 53A inserted (11.12.2025) by The Sanctions (Miscellaneous Amendments) (Overseas Territories) Order 2025 (S.I. 2025/1307), art. 1(1), Sch. 3 para. 3

[^key-4cbafa20bc66e4f5403fc86d48e30290]: Sch. 2 para. 68A inserted (11.12.2025) by The Sanctions (Miscellaneous Amendments) (Overseas Territories) Order 2025 (S.I. 2025/1307), art. 1(1), Sch. 3 para. 4

[^key-b932863f000ffd5291373027686e82d4]: Sch. 2 para. 78A inserted (11.12.2025) by The Sanctions (Miscellaneous Amendments) (Overseas Territories) Order 2025 (S.I. 2025/1307), art. 1(1), Sch. 3 para. 6

[^key-08559de84e192eb7b5c22b223f26b68e]: Words in Sch. 2 para. 2(a)(i) inserted (11.12.2025) by The Sanctions (Miscellaneous Amendments) (Overseas Territories) Order 2025 (S.I. 2025/1307), art. 1(1), Sch. 3 para. 1

[^key-1d267ac5fc33ffd7ed6ef73cb8d519e3]: Sch. 2 para. 104(ba) inserted (11.12.2025) by The Sanctions (Miscellaneous Amendments) (Overseas Territories) Order 2025 (S.I. 2025/1307), art. 1(1), Sch. 3 para. 7(b)

[^key-4fe3261bdc8af1a91dfe410fb7413183]: Words in Sch. 2 para. 104(b) substituted (11.12.2025) by The Sanctions (Miscellaneous Amendments) (Overseas Territories) Order 2025 (S.I. 2025/1307), art. 1(1), Sch. 3 para. 7(a)

[^key-84fed1777888aa71921109ee230fe624]: Words in Sch. 2 para. 69 inserted (11.12.2025) by The Sanctions (Miscellaneous Amendments) (Overseas Territories) Order 2025 (S.I. 2025/1307), art. 1(1), Sch. 3 para. 5(a)

[^key-6df2ccc4d559edf5e310e31dacaa8a25]: Words in Sch. 2 para. 69 inserted (11.12.2025) by The Sanctions (Miscellaneous Amendments) (Overseas Territories) Order 2025 (S.I. 2025/1307), art. 1(1), Sch. 3 para. 5(b)

[^key-15db3fb1bb638b9fc0db725135bb1210]: Word in Sch. 2 para. 69 omitted (11.12.2025) by virtue of The Sanctions (Miscellaneous Amendments) (Overseas Territories) Order 2025 (S.I. 2025/1307), art. 1(1), Sch. 3 para. 5(c)(i)

[^key-7d46ebae41f3c7cadf4c0f2dae476933]: Words in Sch. 2 para. 69 inserted (11.12.2025) by The Sanctions (Miscellaneous Amendments) (Overseas Territories) Order 2025 (S.I. 2025/1307), art. 1(1), Sch. 3 para. 5(c)(ii)

6A

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

53A

For regulation 81ZA (asset-freeze etc.: exception from prohibitions for required payments) substitute—

(81ZA) (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 13 (asset-freeze in relation to designated persons) and 15 (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 13 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 4 (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 13 to 17 (asset-freeze etc.), andwhose designation, in the opinion of the Secretary of State, is not required by a provision mentioned in regulation 4(3) (purposes); - “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 13 to 17 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 13 to 17 and whose designation is (in the opinion of the Secretary of State) required by paragraph 32 of resolution 2270 or a provision mentioned in regulation 4(4).

68A

In regulation 99A (finance: reporting obligations for required payments)—

• (a) in paragraphs (1), (2) and (3), for “Treasury” substitute “Governor”;

• (b) in paragraph (5), in the definition of “reimbursement payment”, for “81ZA(8)” substitute “81ZA(7)”.

78A

For regulation 108A (finance: disclosure to the Treasury) substitute—

(108A) (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.