2024 No. 644

Sanctions

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

Made14th May 2024

Laid before Parliament15th May 2024

Coming into force -5th June 2024

The Secretary of State¹, considering that the condition in section 45(2) of the Sanctions and Anti-Money Laundering Act 2018² is met, makes the following Regulations in exercise of the powers conferred by sections 1³, 3A(1)⁴, 4, 5, 10(2), 15(2)(b)⁵, and (3A), 17⁶ and 45 of the Sanctions and Anti-Money Laundering Act 2018.

1 Citation, commencement and extent¶

1 These Regulations may be cited as the Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2024.

2 These Regulations come into force on 5th June 2024.

3 These Regulations extend to England and Wales, Scotland and Northern Ireland.

2 Amendment of the Democratic People’s Republic of Korea (Sanctions) (EU Exit) Regulations 2019¶

1 The Democratic People’s Republic of Korea (Sanctions) (EU Exit) Regulations 2019⁷ are amended as follows.

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

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

4 After regulation 33 (interpretation of Part 4), insert—

5 After regulation 89 (Treasury directions), insert—

6 In regulation 93(1) (licences: general provisions), after “Treasury licences,” insert “director disqualification licences,”.

7 After regulation 95 (Finance: licensing offences), insert—

8 In regulation 108(1)(b)(i) (disclosure of information), after “4 (Finance),” insert “4A (Director disqualification sanctions),”.

9 In regulation 110(3) (penalties for offences), in the opening words, after “9(6) (confidentiality),” insert “95A (director disqualification: licensing offences),”.

10 In regulation 115 (trade enforcement: application of CEMA)—

a after paragraph (3), insert—

3A The Commissioners¹⁰ may not investigate the suspected commission of a relevant offence¹¹ 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 43(4) (goods and technology for armed forces of the DPRK) insofar as it does not relate to the import or export of goods or the transfer of technology to or from the UK;

b regulation 44(6) (armed forces goods and technology) insofar as it does not relate to the import or export of goods or the transfer of technology to or from the UK;

c regulation 46(4) (supply and delivery of certain goods to the DPRK);

d regulation 47(4) (sale etc. of certain goods) insofar as the offence does not relate to the import or export of goods;

e regulation 49(4) (supply and delivery of certain goods from the DPRK);

f regulation 50(5) and 50(6) (purchase etc. of certain goods and rights) insofar as the offence does not relate to the import or export of goods;

g regulation 51(4) (bank notes and coinage) insofar as the offence does not relate to the import or export of goods;

h regulation 52(5) (gold, precious metals or diamonds) insofar as the offence does not relate to the import or export of goods;

i regulation 53(3) (technical assistance relating to gold, precious metals or diamonds) insofar as the offence does not relate to the import or export of goods;

j regulation 54(5) (financial services and funds relating to gold, precious metals or diamonds) insofar as the offence does not relate to the import or export of goods;

k regulation 55(4) and 55(5) (brokering services: non-UK activity relating to gold, precious metals or diamonds) insofar as the offence does not relate to the import or export of goods;

l regulation 56(3) (mining, manufacturing and computer services);

m regulation 57(4) (financial support for trade) insofar as the offence does not relate to the import or export of goods;

n regulation 58(3) (leasing or chartering of ships and aircraft);

o regulation 59(4) (crew services for ships and aircraft);

p regulation 60(3) (ship classification services);

q regulation 61(3) (bunkering or ship supply services).

3C Paragraph (3A) also applies to the suspected commission of a relevant offence under any of regulations 96(1), 96(2), 106(6) and 107(5) insofar as—

a the suspected offence relates to a licence issued under regulation 90 (trade licences), and

b the prohibited 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 62(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).

;

b after paragraph (6) insert—

3 Amendment of the Democratic Republic of the Congo (Sanctions) (EU Exit) Regulations 2019¶

1 The Democratic Republic of the Congo (Sanctions) (EU Exit) Regulations 2019¹² are amended as follows.

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

3 In regulation 5(1) (power to designate persons)—

a omit “and” following sub-paragraph (a);

b after sub-paragraph (a), insert—

4 After regulation 17 (circumventing etc. prohibitions), insert—

5 After regulation 33 (Treasury licences), insert—

6 In regulation 35(1) (licences: general provisions), after “Treasury licences” insert “, director disqualification licences”.

7 After regulation 36 (finance: licensing offences), insert—

8 In regulation 47(1)(b)(i) (disclosure of information), after “Part 3 (Finance),” insert “Part 3A (Director disqualification sanctions),”.

9 In regulation 49(3) (penalties for offences), after “9(6) (confidentiality),” insert “36A (director disqualification: licensing offences),”.

10 After regulation 54(3) (trade enforcement: application of CEMA) 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 regulation 28(3) (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 37(1) or (2), 45(6) and 46(5) insofar as—

a the suspected offence relates to a licence issued under regulation 34 (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 29(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).

4 Amendment of the South Sudan (Sanctions) (EU Exit) Regulations 2019¶

1 The South Sudan (Sanctions) (EU Exit) Regulations 2019¹⁵ are amended as follows.

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

3 In regulation 5(1) (power to designate persons)—

a omit “and” following sub-paragraph (a);

b after sub-paragraph (a), insert—

4 After regulation 17 (circumventing etc prohibitions), insert—

5 After regulation 33 (Treasury licences), insert—

6 In regulation 35(1) (licences: general provisions), after “Treasury licences” insert “, director disqualification licences”.

7 After regulation 36 (Finance: licensing offences), insert—