The Burundi (Sanctions) (EU Exit) Regulations 2019 (revoked)
UK Statutory Instrument 2019 No. 1142 — creates 7 criminal offences.
- Made
- 18 July 2019
- In force from
- Not determined
- Extent
- Not stated
- Subject
- International sanctions, export control and trade restrictions
- Made under
- Parliament under section 55(3) of the Sanctions and Anti-Money Laundering Act 2018, Sanctions and Anti-Money Laundering Act 2018
Explanatory note
(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
These Regulations are made under the Sanctions and Anti-Money Laundering Act 2018 (c.13) to establish a sanctions regime in relation to Burundi for the purposes of encouraging the Government of Burundi to: respect democratic principles and institutions and the rule of law; refrain from the repression of civil society; search for a peaceful solution to the political situation in Burundi and comply with international human rights law and to respect human rights. Following the UK’s withdrawal from the European Union, these Regulations replace the EU sanctions regime in relation to Burundi currently in force under an EU Council Decision and Regulation. The Regulations confer a power on the Secretary of State to designate persons who are, or have been, involved in certain activities. Designated persons may be excluded from the United Kingdom and may be made subject to financial sanctions. The Regulations provide for certain exceptions to this sanctions regime, in particular in relation to financial sanctions (for example to allow for frozen accounts to be credited with interest or other earnings) and also acts done for the purpose of national security or the prevention of serious crime. The Regulations also confer powers on the Treasury to issue licences in respect of activities that would otherwise be prohibited under the financial sanctions imposed. Schedule 2 to these Regulations sets out the purposes pursuant to which the Treasury may issue such licences. The Regulations make it a criminal offence to contravene, or circumvent, any of the prohibitions in these Regulations and prescribe the mode of trial and penalties that apply to such offences. The Regulations prescribe powers for the provision and sharing of information to enable the effective implementation and enforcement of the sanctions regime. Council Regulation (EU) No 2015/1755 of 1 October 2015 concerning restrictive measures in view of the situation in Burundi is revoked by these Regulations. The Burundi (European Union Financial Sanctions) Regulations 2015 are also revoked by these Regulations. These Regulations also make amendments to the Sanctions (Amendment) (EU Exit) (No 2) Regulations 2019. An Impact Assessment has not been produced for these Regulations, as they are intended to ensure existing sanctions remain in place following the United Kingdom’s withdrawal from the European Union. These Regulations are intended to deliver substantially the same policy effects as the existing European Union sanctions. An Impact Assessment was, however, produced for the Sanctions and Anti-Money Laundering Act 2018 and can be found at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/653271/Sanctions_and_Anti-Money_Laundering_Bill_Impact_Assessment_18102017.pdf.
Offences created by this instrument
- Asset-freeze in relation to designated persons regulation 11(3) · Status not determined · Strict liability
- Circumventing etc prohibitions regulation 16(2) · Status not determined · Strict liability
- A person (“P”) commits an offence if P knowingly or recklessly— a provides information that is false in a material… regulation 21(1) · Status not determined · Requires proof of a state of mind
- A person who purports to act under the authority of a Treasury licence but who fails to comply with any condition of… regulation 21(2) · Status not determined · Strict liability
- Finance: reporting obligations regulation 23(6) · Status not determined · Strict liability
- A person commits an offence if that person— a without reasonable excuse, refuses or fails within the time and in the… regulation 27(1) · Status not determined · Requires proof of a state of mind
- Confidential information in certain cases where designation power used regulation 9(6) · Status not determined · Strict liability
What Parliament said about it
Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.
How Parliament handled it
Both Houses had to approve this instrument before it could take effect, and did so.
- Procedure
- Made affirmative — both Houses had to approve it
- Could either House amend it?
- No. A statutory instrument is put to each House as a whole thing, to be approved or not. Neither House can change a word of it.
Procedural history
- Instrument created under Section 55(3) in conjunction with Section 56(5) of the Sanctions and Anti-money Laundering Act 2018 18 July 2019
- Instrument under Section 55(3) in conjunction with Section 56(5) of the Sanctions and Anti-Money Laundering Act 2018 made (signed into law) 18 July 2019
- Laid before the House of Commons 19 July 2019 · Commons
- Laid before the House of Lords 19 July 2019 · Lords
- Motion to approve the instrument tabled by the Government 22 July 2019 · Commons
- Considered for English votes for English laws (EVEL) certification 23 July 2019 · Commons
- Not certified under the English votes for English laws (EVEL) process 23 July 2019 · Commons
- Considered by the Joint Committee on Statutory Instruments (JCSI) 4 September 2019 · Commons, Lords
- Not drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 4 September 2019 · Commons, Lords
- Considered by the Secondary Legislation Scrutiny Committee (SLSC) 5 September 2019 · Lords
- No comment by the Secondary Legislation Scrutiny Committee (SLSC) 5 September 2019 · Lords
- Motion to approve the instrument tabled by the Government 5 September 2019 · Lords
- Motion to approve the instrument lapsed at end of session 8 October 2019 · Commons
- Motion to approve the instrument lapsed at end of session 8 October 2019 · Lords
- Motion to approve the instrument tabled by the Government 14 October 2019 · Lords
- Motion to approve the instrument tabled by the Government 17 October 2019 · Commons
- Motion to approve the instrument lapsed at end of session 6 November 2019 · Commons
- Motion to approve the instrument lapsed at end of session 6 November 2019 · Lords
- Motion to approve the instrument tabled by the Government 7 January 2020 · Lords
- Motion to approve the instrument tabled by the Government 14 January 2020 · Commons
- Commencement Order made (signed into law) triggering approval period 14 December 2020
- Chamber debate 3 February 2021 · Commons
- Question on motion to approve the instrument put 3 February 2021 · Commons
- Instrument approved 3 February 2021 · Commons
- Grand Committee debate 8 February 2021 · Lords
- Question put on motion to consider the instrument 8 February 2021 · Lords
- Motion to consider the instrument approved 8 February 2021 · Lords
- Question on motion to approve the instrument put 10 February 2021 · Lords
- Instrument approved 10 February 2021 · Lords
- Instrument remains law 10 February 2021
- Procedure concluded in the House of Commons and the House of Lords 10 February 2021 · Commons, Lords
- Approval period ends 10 March 2021
From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2019