The Afghanistan (Sanctions) (EU Exit) Regulations 2020
| Jurisdiction | UK Non-devolved |
| Citation | SI 2020/948 |
(1) These Regulations may be cited as the Afghanistan (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.In these Regulations— (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.Part 3 (Finance) ,Part 4 (Trade) , ora condition of a Treasury 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.by or under Part 6 (Information and records) , or by reason of a request made under a power conferred by that Part, orby a condition of a Treasury 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.(1) The purpose of the regulations contained in this instrument that are made under section 1 of the Act is compliance with the relevant UN obligations.paragraph 1(a) of resolution 2255 (asset-freeze etc.) ; andparagraph 1(c) of resolution 2255 (arms embargo etc.) .Each person for the time being named on the 1988 Sanctions List is a designated person for the purposes of regulations 8 to 12 (asset-freeze etc.) and 15 to 22 (trade etc.) (whose purpose is compliance with the UN obligations mentioned in regulation 4 (purposes) )
In this Part a “ (1) In this Part, a person who is not an individual (“C”) is “owned or controlled directly or indirectly” by another person (“P”) if either of the following two conditions is met (or both are met) .holds directly or indirectly more than 50% of the shares in C,holds directly or indirectly more than 50% of the voting rights in C, orholds the right directly or indirectly to appoint or remove a majority of the board of directors of C.(3) Schedule 1 contains provision applying for the purpose of interpreting paragraph (2) .(4) The second condition is that it is reasonable, having regard to all the circumstances, to expect that P would (if P chose to) be able, in most cases or in significant respects, by whatever means and whether directly or indirectly, to achieve the result that affairs of C are conducted in accordance with P's wishes.(1) A person (“P”) must not deal with funds or economic resources owned, held or controlled by a designated person if P knows, or has reasonable cause to suspect, that P is dealing with such funds or economic resources.(2) Paragraph (1) is subject to Part 5 (Exceptions and licences) .(3) A person who contravenes the prohibition in paragraph (1) commits an offence.
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