Exiting The European Union
Sanctions
The Lebanon (Sanctions) (EU Exit) Regulations 2020
Made18th June 2020
Laid before Parliament22nd June 2020
Coming into force in accordance with regulation 1(2)
The Secretary of State M1, in exercise of the powers conferred by sections 1(1)(a) and (3)(a), 3(1)(b)(ii) and (d)(ii), 5, 15(2)(a) and (b), (3) and (6), 16, 17, 19, 20, 21(1), 54(1) and (2), 56 and 62(6) of, and paragraphs 2(b), 4(b), 5(a)(ii) and (b), 6(a)(ii) and (b), 11(a)(ii), 13(b), (h), (k), (l), (m), (n), and (w), 14(a), (f) and (k), 17(a), 20, 21 and 27 of Schedule 1 to, the Sanctions and Anti-Money Laundering Act 2018 M2, and having decided, upon consideration of the matters set out in 56(1) of that Act, that it is appropriate to do so, makes the following Regulations:C1
PART 1 General¶
I1I451 Citation and commencement¶
I2I572 Interpretation¶
In these Regulations—- “the Act” means the Sanctions and Anti-Money Laundering Act 2018;
- “arrangement” includes any agreement, understanding, scheme, transaction or series of transactions, whether or not legally enforceable;
- “CEMA” means the Customs and Excise Management Act 1979 M3;
- “the Commissioners” means the Commissioners for Her Majesty's Revenue and Customs;
- “conduct” includes acts and omissions;
- “document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include producing a copy of the information in legible form;
- “the EU Lebanon Regulation” means Council Regulation (EC) No 1412/2006 of 25 September 2006, concerning certain restrictive measures in respect of Lebanon M4, as it has effect in EU law;
- “Lebanon” means the Lebanese Republic;
- “resolution 1701” means resolution 1701 (2006) adopted by the Security Council on 11 August 2006;
- “trade licence” means a licence under regulation 17;
- “United Kingdom person” has the same meaning as in section 21 of the Act.
I3I583 Applications of prohibitions and requirements outside the United Kingdom¶
I4I594 Purposes¶
The purpose of the regulations contained in this instrument that are made under section 1 of the Act is compliance with the obligations that the United Kingdom has by virtue of paragraph 15 of resolution 1701.PART 2 Trade¶
CHAPTER 1 Interpretation¶
I5I605 Definition of “military goods” and “military technology”¶
In this Part—- “military goods” means—
- any thing for the time being specified in Schedule 2 to the Export Control Order 2008 M5, other than any thing which is military technology, and
- any tangible storage medium on which military technology is recorded or from which it can be derived;
- “military technology” means any thing for the time being specified in Schedule 2 to the Export Control Order 2008 which is described as software or technology.
I6I556 Interpretation of other expressions used in this Part¶
- “brokering service” means any service to secure, or otherwise in relation to, an arrangement, including (but not limited to)—
- the selection or introduction of persons as parties or potential parties to the arrangement,
- the negotiation of the arrangement,
- the facilitation of anything that enables the arrangement to be entered into, and
- the provision of any assistance that in any way promotes or facilitates the arrangement;
- “technical assistance”, in relation to goods or technology, means—
- technical support relating to the repair, development, production, assembly, testing, use or maintenance of the goods or technology, or
- any other technical service relating to the goods or technology;
- “transfer” has the meaning given by paragraph 37 of Schedule 1 to the Act.
CHAPTER 2 Military goods and military technology¶
I7I617 Export of military goods¶
I8I628 Supply and delivery of military goods¶
I9I639 Making military goods and military technology available¶
I10I6410 Transfer of military technology¶
I11I6511 Technical assistance relating to military goods and military technology¶
I12I6612 Financial services and funds relating to military goods and military technology¶
I13I6713 Brokering services: non-UK activity relating to military goods and military technology¶
- “non-UK country” means a country that is not the United Kingdom;
- “third country” means—
- for the purposes of paragraph (1)(a) and (b), a country that is not the United Kingdom, the Isle of Man or Lebanon, and
- for the purposes of any other provision of paragraph (1), a country that is not the United Kingdom or Lebanon.
CHAPTER 3 Further provision¶
I14I6814 Circumventing etc. prohibitions¶
I15I6915 Defences¶
PART 3 Exceptions and licences¶
15A Finance: exception for authorised conduct in a relevant country¶
“relevant country” means—
- any of the Channel Islands,
- the Isle of Man, or
- any British overseas territory.
I16I7016 Exception for acts done for purposes of national security or prevention of serious crime¶
I17I7117 Trade licences¶
I18I7218 Licensing offences¶
PART 4 Information and records¶
I19I4419 Application of information powers in CEMA¶
I20I7320 General trade licences: records¶
I21I7421 General trade licences: inspection of records¶
I22I7522 Disclosure of information¶
I23I7623 Part 4: supplementary¶
- “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act) M10;
- “privileged information” means information with respect to which a claim to legal professional privilege (in Scotland, to confidentiality of communications) could be maintained in legal proceedings.
PART 5 Enforcement¶
I24I5624 Penalties for offences¶
I25I4625 Liability of officers of bodies corporate etc.¶
I26I7726 Jurisdiction to try offences¶
I27I4927 Procedure for offences by unincorporated bodies¶
I28I5028 Time limit for proceedings for summary offences¶
I29I4729 Trade enforcement: application of CEMA¶
I30I4830 Trade offences in CEMA: modification of penalty¶
I31I5131 Monetary penalties¶
The following provisions are to be regarded as not being financial sanctions legislation for the purposes of Part 8 of the Policing and Crime Act 2017 M22—PART 6 Maritime enforcement¶
I32I7832 Exercise of maritime enforcement powers¶
I33I7933 Maritime enforcement officers¶
I34I8034 Power to stop, board, search etc.¶
I35I8135 Seizure power¶
I36I8236 Restrictions on exercise of maritime enforcement powers¶
I37I8337 Interpretation of Part 6¶
PART 7 Supplementary and final provision¶
I38I8438 Notices¶
- “proper officer”—
- in relation to a body other than a partnership, means the secretary or other executive officer charged with the conduct of the body's general affairs, and
- in relation to a partnership, means a partner or a person who has the control or management of the partnership business;
- “registered company” means a company registered under the enactments relating to companies for the time being in force in the United Kingdom.
I39I5239 Article 20 of the Export Control Order 2008¶
Article 20 of the Export Control Order 2008 (embargoed destinations) is not to be taken to prohibit anything prohibited by Part 2 (Trade).I40I5340 Trade: overlapping offences¶
A person is not to be taken to commit an offence under the Export Control Order 2008 if the person would, in the absence of this regulation, commit an offence under both—I41I5441 Revocations¶
I42I8542 Transitional provision: trade licences¶
I43I8643 Transitional provision: pending applications for trade licences¶
Footnotes
- M1The 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.
- M22018 c.13.
- M31979 c.2. Amendments have been made to this Act and are cited, where relevant, in respect of the applicable regulations.
- M4OJ No. L 267, 27.9.2006, p.2.
- M5S.I. 2008/3231. Schedule 2 was substituted by S.I. 2017/85 and subsequently amended by S.I. 2017/697; S.I. 2018/165; S.I. 2018/939; S.I. 2019/137; and S.I. 2019/989. There are other instruments which amend other parts of the Order, which are not relevant to these Regulations.
- M6Section 77A was inserted by the Finance Act 1987 (c.16), section 10 and amended by S.I. 1992/3095.
- M7S.I. 1991/2724 is amended by S.I. 1992/3095; S.I. 1993/3014; and S.I. 2011/1043 and is prospectively revoked by S.I. 2018/1247.
- M8Section 1(8) of the Sanctions and Anti-Money Laundering Act 2018 defines an “international obligation” as an obligation of the United Kingdom created or arising by or under any international agreement.
- M92016 c.25. Amendments have been made by the Policing and Crime Act 2017 (c.3), Schedule 9, paragraph 74; the Data Protection Act 2018 (c.12), Schedule 19, paragraphs 198-203; S.I. 2018/652 and S.I. 2018/1123. Saving provisions are made by S.I. 2017/859.
- M102018 c.12. There are amendments to this Act but none are relevant to these Regulations.
- M111995 c.46.
- M121925 c.86. Section 33 was amended by the Statute Law (Repeals) Act 2004 (c.14), section 1(1) and Schedule 1, Part 17. Other amendments have been made to section 33 that are not relevant to these Regulations.
- M131980 c.43. Amendments have been made to Schedule 3 that are not relevant to these Regulations.
- M141945 c. 15 (N.I.).
- M15S.I. 1981/1675 (N.I. 26).
- M16The definition of “assigned matter” in section 1(1) of CEMA was amended by the Commissioners for Revenue and Customs Act 2005 (c.11), Schedule 4, paragraph 22(a); the Scotland Act 2012 (c.11), section 24(7); and the Wales Act 2014 (c.29), section 7(1).
- M17Section 138 of CEMA was amended by the Police and Criminal Evidence Act 1984 (c.60), section 114(1), Schedule 6, paragraph 37 and Schedule 7, Part 1; the Finance Act 1988 (c.39), section 11; the Serious Organised Crime and Police Act 2005 (c.15), Schedule 7, paragraph 54; S.I. 1989/1341 (N.I. 12); and S.I. 2007/288.
- M18“The customs and excise Acts” is defined in section 1 of CEMA.
- M19Section 145 of CEMA was amended by the Police and Criminal Evidence Act 1984, section 114(1); the Commissioners for Revenue and Customs Act 2005 (c.11), Schedule 4, paragraph 23(a); and S.I. 2014/834. Section 147 was amended by the Criminal Justice Act 1982 (c.48), Schedule 14, paragraph 42; the Finance Act 1989 (c.26), section 16(2); and the Criminal Justice Act 2003 (c.44), Schedule 3, paragraph 50. Section 152 was amended by the Commissioners for Revenue and Customs Act 2005, Schedule 4, paragraph 26, and Schedule 5. Section 155 was amended by the Commissioners for Revenue and Customs Act 2005, Schedule 4, paragraph 27, and Schedule 5.
- M20The words “7 years” were inserted in section 68(3)(b) of CEMA by the Finance Act 1988, section 12.
- M21The words “7 years” were inserted in section 170(3)(b) of CEMA by the Finance Act 1988, section 12.
- M222017 c.3. See section 143(4)(f) and (4A), as inserted by the Sanctions and Anti-Money Laundering Act 2018, Schedule 3, paragraph 8(2) and (3).
- M231987 c.4. Section 1 was amended by the Police Act 1996 (c.16), Schedule 7, paragraph 41; the Police (Northern Ireland) Act 1998 (c.32), Schedule 4, paragraph 16; the Police (Northern Ireland) Act 2000 (c.32), section 78(2); the Police Reform Act 2002 (c.30), section 79(3); and S.I. 2013/602.
- M242012 asp.8.
- M251996 c.16. Section 27 was amended by the Police and Justice Act 2006 (c.48), Schedule 2, paragraph 23; the Policing and Crime Act 2009 (c.26), Schedule 7, paragraphs 1 and 6; and the Police Reform and Social Responsibility Act 2011 (c.13), Schedule 16, paragraph 26.
- M261847 c.27. Section 79 was amended by S.I. 2006/2167.
- M272013 c.23.
- M281964 c.40. Section 16 was amended by section 29(2) of the Wales Act 2017 (c.4); S.I. 1970/1681; and S.I. 1999/672. Other amendments have been made to section 16 that are not relevant to these Regulations.
- M292009 c.11. Designated customs officials are designated, as either a general customs official or a customs revenue official, under sections 3 and 11 of this Act respectively.
- M302013 c.22.
- M31Command 8941.
- M32Articles 37 and 38 have been amended by the Export Control (Amendment)(No.2) Order 2012 (S.I. 2012/910), Schedule 1, para 11 and article 38 has also been amended by the Export Control (Amendment) Order 2017 (S.I. 2017/85), article 2(7).
- M33S.I. 2006/2681.
- I1Reg. 1 not in force at made date, see reg. 1(2)
- I2Reg. 2 not in force at made date, see reg. 1(2)
- I3Reg. 3 not in force at made date, see reg. 1(2)
- I4Reg. 4 not in force at made date, see reg. 1(2)
- I5Reg. 5 not in force at made date, see reg. 1(2)
- I6Reg. 6 not in force at made date, see reg. 1(2)
- I7Reg. 7 not in force at made date, see reg. 1(2)
- I8Reg. 8 not in force at made date, see reg. 1(2)
- I9Reg. 9 not in force at made date, see reg. 1(2)
- I10Reg. 10 not in force at made date, see reg. 1(2)
- I11Reg. 11 not in force at made date, see reg. 1(2)
- I12Reg. 12 not in force at made date, see reg. 1(2)
- I13Reg. 13 not in force at made date, see reg. 1(2)
- I14Reg. 14 not in force at made date, see reg. 1(2)
- I15Reg. 15 not in force at made date, see reg. 1(2)
- I16Reg. 16 not in force at made date, see reg. 1(2)
- I17Reg. 17 not in force at made date, see reg. 1(2)
- I18Reg. 18 not in force at made date, see reg. 1(2)
- I19Reg. 19 not in force at made date, see reg. 1(2)
- I20Reg. 20 not in force at made date, see reg. 1(2)
- I21Reg. 21 not in force at made date, see reg. 1(2)
- I22Reg. 22 not in force at made date, see reg. 1(2)
- I23Reg. 23 not in force at made date, see reg. 1(2)
- I24Reg. 24 not in force at made date, see reg. 1(2)
- I25Reg. 25 not in force at made date, see reg. 1(2)
- I26Reg. 26 not in force at made date, see reg. 1(2)
- I27Reg. 27 not in force at made date, see reg. 1(2)
- I28Reg. 28 not in force at made date, see reg. 1(2)
- I29Reg. 29 not in force at made date, see reg. 1(2)
- I30Reg. 30 not in force at made date, see reg. 1(2)
- I31Reg. 31 not in force at made date, see reg. 1(2)
- I32Reg. 32 not in force at made date, see reg. 1(2)
- I33Reg. 33 not in force at made date, see reg. 1(2)
- I34Reg. 34 not in force at made date, see reg. 1(2)
- I35Reg. 35 not in force at made date, see reg. 1(2)
- I36Reg. 36 not in force at made date, see reg. 1(2)
- I37Reg. 37 not in force at made date, see reg. 1(2)
- I38Reg. 38 not in force at made date, see reg. 1(2)
- I39Reg. 39 not in force at made date, see reg. 1(2)
- I40Reg. 40 not in force at made date, see reg. 1(2)
- I41Reg. 41 not in force at made date, see reg. 1(2)
- I42Reg. 42 not in force at made date, see reg. 1(2)
- I43Reg. 43 not in force at made date, see reg. 1(2)
- C1Regulations extended (British overseas territories) (with modifications) (31.12.2020 immediately after S.I. 2020/950 has come into force) by The Lebanon (Sanctions) (Overseas Territories) Order 2020 (S.I. 2020/1124), art. 2, Schs. 1, 2
- I44Reg. 19 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I45Reg. 1 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I46Reg. 25 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I47Reg. 29 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I48Reg. 30 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I49Reg. 27 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I50Reg. 28 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I51Reg. 31 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I52Reg. 39 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I53Reg. 40 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I54Reg. 41 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I55Reg. 6 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I56Reg. 24 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I57Reg. 2 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I58Reg. 3 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I59Reg. 4 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I60Reg. 5 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I61Reg. 7 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I62Reg. 8 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I63Reg. 9 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I64Reg. 10 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I65Reg. 11 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I66Reg. 12 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I67Reg. 13 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I68Reg. 14 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I69Reg. 15 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I70Reg. 16 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I71Reg. 17 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I72Reg. 18 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I73Reg. 20 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I74Reg. 21 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I75Reg. 22 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I76Reg. 23 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I77Reg. 26 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I78Reg. 32 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I79Reg. 33 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I80Reg. 34 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I81Reg. 35 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I82Reg. 36 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I83Reg. 37 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I84Reg. 38 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I85Reg. 42 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- I86Reg. 43 in force at 31.12.2020 by S.I. 2020/1514, reg. 9
- F1Reg. 15A inserted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No.3) Regulations 2020 (S.I. 2020/950), regs. 1(2), 9(2); S.I. 2020/1514, reg. 17
- F2Words in reg. 24(3) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(2), Sch. Pt. 2
- F3Words in reg. 24(1)(a) substituted (E.W.) (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(2), Sch. Pt. 2 Table
- F4Words in reg. 24(2)(a) substituted (E.W.) (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(2), Sch. Pt. 2 Table
- F5Words in reg. 24(3) substituted (E.W.) (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(2), Sch. Pt. 2 Table
- F6Words in reg. 17(4) inserted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 20(2)(a)
- F7Word in reg. 17(4) substituted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 20(2)(b)
- F8Words in reg. 17(4) inserted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 20(2)(c)
- F9Word in reg. 17(4) substituted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 20(2)(d)