The Sudan (Sanctions) (EU Exit) Regulations 2020
| Year | 2020 |
2020 No. 753
Exiting The European Union
Sanctions
The Sudan (Sanctions) (EU Exit) Regulations 2020
Made 16th July 2020
Laid before Parliament 20th July 2020
Coming into force in accordance with regulation 1(2)
The Secretary of State1, in exercise of the powers conferred by sections 1(1)(a) and (c), and (3), 3(1)(a), (b)(ii), (d)(i) and (ii), 4, 5, 9(2), 10(2)(a) and (c), (3) and (4), 11, 13, 15(2)(a) and (b), (3), (4)(b), (5) and (6), 16, 17, 19, 20, 21(1), 54(1) and (2), 56(1) and 62(4) to (6) of, and paragraphs 2(b), 4(b), 5(a)(ii) and (b), 6(a)(ii) and (b), 10(b), 11(a)(ii), 13(b), (h), (k) to (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 20182, and having decided, upon consideration of the matters set out in section 2(2) and 56(1) of that Act, that it is appropriate to do so, makes the following Regulations:
PART 1
General
Citation and commencement
1.—(1) These Regulations may be cited as the Sudan (Sanctions) (EU Exit) Regulations 2020.
(2) These Regulations come into force in accordance with regulations made by the Secretary of State under section 56 of the Act.
Interpretation
2. 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 (but see paragraph 12 of Schedule 1 for the meaning of that term in that Schedule);
“CEMA” means the Customs and Excise Management Act 19793;
“the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs;
“the Committee” means the Committee of the Security Council established in accordance with paragraph 3(a) of resolution 1591;
“conduct” includes acts and omissions;
“Council Regulation (EC) No 131/2004” means Council Regulation (EC) No 131/2004of 26 January 2004 concerning certain restrictive measures in respect of Sudan4;
“Council Regulation (EC) No 1184/2005” means Council Regulation (EC) No 1184/2005of 18 July 2005 imposing certain specific restrictive measures directed against certain persons impeding the peace process and breaking international law in the conflict in the Darfur region in Sudan5;
“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 Sudan Regulation” means Council Regulation (EU) No 747/2014 of 10 July 2014, concerning restrictive measures in view of the situation in Sudan, and repealing Regulations (EC) No 131/2004and (EC) No 1184/20056, as it has effect in EU law;
“humanitarian assistance activity” includes the work of international and non-governmental organisations carrying out relief activities in Sudan for the benefit of the civilian population there;
“resolution 1556” means resolution 1556 (2004) adopted by the Security Council on 30 July 2004;
“resolution 1591” means resolution 1591 (2005) adopted by the Security Council on 29 March 2005;
“resolution 2035” means resolution 2035 (2012) adopted by the Security Council on 17 February 2012;
“serious human rights violation or abuse” means a serious violation or abuse of any of the human rights specified in regulation 4(2)(g);
“trade licence” means a licence under regulation 35;
“Treasury licence” means a licence under regulation 34(1);
“United Kingdom person” has the same meaning as in section 21 of the Act.
Application of prohibitions and requirements outside the United Kingdom
3.—(1) A United Kingdom person may contravene a relevant prohibition by conduct wholly or partly outside the United Kingdom.
(2) Any person may contravene a relevant prohibition by conduct in the territorial sea.
(3) In this regulation a “relevant prohibition” means any prohibition imposed by—
(a)
(a) regulation 9(2) (confidential information),
(b)
(b) Part 3 (Finance),
(c)
(c) Part 5 (Trade), or
(d)
(d) a condition of a Treasury licence or a trade licence.
(4) A United Kingdom person may comply, or fail to comply, with a relevant requirement by conduct wholly or partly outside the United Kingdom.
(5) Any person may comply, or fail to comply, with a relevant requirement by conduct in the territorial sea.
(6) In this regulation, a “relevant requirement” means any requirement imposed—
(a)
(a) by or under Part 7 (Information and records), or by reason of a request made under a power conferred by that Part, or
(b)
(b) by a condition of a Treasury licence or a trade licence.
(7) Nothing in this regulation is to be taken to prevent a relevant prohibition or a relevant requirement from applying to conduct (by any person) in the United Kingdom.
Purposes
4.—(1) The regulations contained in this instrument that are made under section 1 of the Act have the following purposes—
(a)
(a) compliance with the relevant UN obligations, and
(b)
(b) the additional purposes mentioned in paragraph (2).
(2) Those additional purposes are—
(a)
(a) promoting the peace, stability and security of Sudan,
(b)
(b) encouraging the resolution of the armed conflicts in Sudan and the stabilisation of Sudan, including by way of—
(i) comprehensive and inclusive peace negotiations and agreements, and
(ii) transition to civilian-led government and democracy, with particular reference to the Constitutional Document7,
(c)
(c) promoting respect for democracy, the rule of law and good governance in Sudan,
(d)
(d) promoting the effective delivery of the mandates of the regional or international monitoring and peace-support missions and mechanisms whose activities contribute to the peace, stability and security of Sudan, including—
(i) the United Nations Integrated Transition Assistance Mission in Sudan8,
(ii) the United Nations-African Union Hybrid Operation in Darfur9,
(iii) the United Nations Interim Security Force for Abeyi10,
(e)
(e) promoting respect for humanitarian assistance activity in Sudan,
(f)
(f) promoting compliance with the rules of international humanitarian law applicable to the armed conflicts in Sudan, and
(g)
(g) promoting respect for, and accountability in relation to violations or abuses of human rights in Sudan, including, in particular, respect for—
(i) the right to life of persons in Sudan;
(ii) the right of persons in Sudan not to be held in slavery or required to perform forced or compulsory labour;
(iii) the right of persons not to be subjected to torture or cruel, inhuman or degrading treatment or punishment in Sudan;
(iv) the right to liberty and security of persons in Sudan, including freedom from arbitrary arrest, detention or enforced disappearance;
(v) the right to a fair trial of persons charged with criminal offences in Sudan;
(vi) the rights of journalists, human rights defenders, civil society activists and other persons in Sudan to freedom of expression and peaceful assembly;
(vii) the enjoyment of rights and freedoms in Sudan without discrimination, including on the basis of a person’s sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status,
otherwise than by compliance with the relevant UN obligations.
(3) In this regulation, “the relevant UN obligations” means—
(a)
(a) the obligations that the United Kingdom has by virtue of paragraph 3(e) of resolution 1591 (asset-freeze) to take the measures required by that provision in respect of persons11for the time being named for the purposes of that provision by the Security Council or the Committee;
(b)
(b) the obligations that the United Kingdom has by virtue of paragraph 3(e) of resolution 1591 (asset-freeze) in respect of persons—
(i) acting on behalf of or at the direction of, or
(ii) owned or controlled by,
the persons for the time being named by the Security Council or the Committee for the purposes of that paragraph;
(c)
(c) the obligations that the United Kingdom has by virtue of paragraphs 7 and 8 of resolution 1556 (arms embargo)12.
(4) Any reference to the obligation that the United Kingdom has by virtue of paragraph 3(e) of resolution 1591 is to that provision read with—
(a)
(a) paragraph 3(c) of resolution 1591; and
(b)
(b) paragraph 3 of resolution 2035.
(5) Any reference to the obligation that the United Kingdom has by virtue of paragraphs 7 and 8 of resolution 1556 is to that provision read with—
(a)
(a) paragraph 7 of resolution 1591; and
(b)
(b) paragraphs 2 and 4 of resolution 2035.
PART 2
Designation of persons
Power to designate persons
5.—(1) The Secretary of State may designate persons by name for the purposes of any of the following—
(a)
(a) regulations 12 to 16 (asset-freeze etc.); and
(b)
(b) regulation 18 (immigration).
(2) The Secretary of State may designate different persons for the purpose of different provisions mentioned in paragraph (1).
Criteria for designating a person
6.—(1) The Secretary of State may not designate a person under regulation 5 (power to designate persons) unless the Secretary of State—
(a)
(a) has reasonable grounds to suspect that that person is an involved person, and
(b)
(b) considers that the designation of that person is appropriate, having regard to—
(i) the purposes stated in regulation 4 (purposes), and
(ii) the likely significant effects of the designation on that person (as they appear to the Secretary of State to be on the basis of the information that the Secretary of State has).
(2) In this regulation an “involved person” means a person who—
(a)
(a) is or has been involved in a relevant activity;
(b)
(b) is owned or controlled directly or indirectly (within the meaning of regulation 7) by a person who is or has been so involved,
(c)
(c) is acting on...
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