The Venezuela (Sanctions) (EU Exit) Regulations 2019

UK Statutory Instrument 2019 No. 135 — creates 20 criminal offences.

Made

29 January 2019

In force from

Not determined

Extent

Not stated

Subject

International sanctions, export control and trade restrictions

Made under

Schedule 1 to, the 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 Venezuela for the purposes of encouraging the Government of Venezuela to: respect democratic principles and institutions, the separation of powers and the rule of law; refrain from the repression of civil society; participate in good faith in negotiations with its political opponents; comply with international human rights law and respect human rights. Following the UK’s withdrawal from the European Union, these Regulations replace the EU sanctions regime in relation to Venezuela 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, including having their funds and/or economic resources frozen. These Regulations also impose trade restrictions on specified goods and technology which may be used to repress the civilian population of Venezuela (as specified in Schedule 2 to these Regulations) and on specified goods and technology (as specified in Schedule 3 to these Regulations) which may be used for interception and monitoring. A further trade sanction imposed by these Regulations is the prohibition on providing interception and monitoring services to, or for the benefit of, the Government of Venezuela. 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 Secretary of State and the Treasury to issue licences in respect of activities that would otherwise be prohibited under the financial and trade sanctions imposed. Schedule 4 to these Regulations sets out the purposes pursuant to which the Treasury will 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 also confer powers on specified maritime enforcement officers to stop and search ships in international and foreign waters for the purpose of enforcing specified trade sanctions and to seize goods found on board ships which are being, or have been, dealt with in contravention, or deemed contravention, of those prohibitions. 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 2063/2017 of 13 November 2017 concerning restrictive measures in view of the situation in Venezuela is revoked by these Regulations. The Venezuela (European Union Financial Sanctions) Regulations 2017 and the Export Control (Venezuela Sanctions) Order 2018 are also revoked by these Regulations.

Offences created by this instrument

• Asset-freeze in relation to designated persons regulation 11(3) · Status not determined · Strict liability
• Supply and delivery of restricted goods regulation 23(3) · Status not determined · Strict liability
• Making restricted goods and restricted technology available regulation 24(3) · Status not determined · Strict liability
• Transfer of restricted technology regulation 25(3) · Status not determined · Strict liability
• A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged… regulation 28(3) · Status not determined · Strict liability
• Provision of interception and monitoring services regulation 29(3) · Status not determined · Strict liability
• Provision of military-related services regulation 30(4) · Status not determined · Strict liability
• Circumventing etc prohibitions regulation 31(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 38(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 38(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 39(1) · Status not determined · Requires proof of a state of mind
• A person who purports to act under the authority of a trade licence but who fails to comply with any condition of the… regulation 39(2) · Status not determined · Strict liability
• Finance: reporting obligations regulation 41(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 45(1) · Status not determined · Requires proof of a state of mind
• General trade licences: records regulation 47(6) · Status not determined · Strict liability
• General trade licences: inspection of records regulation 48(5) · Status not determined · Requires proof of a state of mind
• Paragraph (2) applies where a person is guilty of an offence under section 68(2) of CEMA in connection with a… regulation 57(1) · Status not determined · Strict liability
• Paragraph (4) applies where a person is guilty of an offence under section 170(2) of CEMA in connection with a… regulation 57(3) · Status not determined · Strict liability
• A person is not to be taken to commit an offence under the Export Control Order 2008 if the person would, in the… regulation 68 · Status not determined · Mixed — some elements strict, some not
• Confidential information in certain cases where designation power used regulation 9(6) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

• Business of the House Commons · Commons Chamber · 4 April 2019 · The Leader of the House of Commons (Andrea Leadsom)

  The business for next week is as follows: Monday 8 April—Motion to approve a statutory instrument relating to the draft Electronic Communications (Amendment etc.) (EU Exit) Regulations 2019, followed by a motion to approve a statutory instrument relating to the draft Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations 2019, followed by a general debate on UN International Day for the Elimination of Racial Discrimination. The subject for this debate was determined by the Backbench Business Committee. Tuesday 9 April—Motion to approve the Burma (Sanctions) (EU Exit) Regulations 2019,…

• Exiting the European Union (Sanctions) Commons · Commons Chamber · 9 April 2019 · Mr Speaker

  With this it will be convenient to discuss the following: Motion 3— Sanctions — That the Venezuela (Sanctions) (EU Exit) Regulations 2019 (S.I., 2019, No. 135), which were laid before this House on 31 January, be approved. Motion 4— Sanctions — That the Iran (Sanctions) (Human Rights) (EU Exit) Regulations 2019 (S.I., 2019, No. 134), which were laid before this House on 31 January, be approved. Motion 5— Exiting the European Union (Sanctions) — That the Republic of Guinea-Bissau (Sanctions) (EU Exit) Regulations (S.I., 2019, No. 554), which were laid before this House on 15 March, be approved.

• Burma (Sanctions) (EU Exit) Regulations 2019 Lords · Lords Chamber · 1 May 2019 · The Minister of State, Foreign and Commonwealth Office (Lord Ahmad of Wimbledon) (Con)

  My Lords, in moving this Motion I will speak also to the Venezuela (Sanctions) (EU Exit) Regulations 2019, the Iran (Sanctions) (Human Rights) (EU Exit) Regulations 2019 and the Republic of Guinea-Bissau (Sanctions) (EU Exit) Regulations 2019. Noble Lords will be familiar with the Sanctions and Anti-Money Laundering Act 2018, which passed through this House last year. It provides the UK with the legislative framework to continue to meet our international obligations, implement autonomous sanctions regimes and update our anti-money laundering framework after we leave the EU—although the last…

• Venezuela (Sanctions) (EU Exit) Regulations 2019 Lords · Lords Chamber · 1 May 2019

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 29 January 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) 29 January 2019
• Laid before the House of Commons 31 January 2019 · Commons
• Laid before the House of Lords 31 January 2019 · Lords
• Motion to approve the instrument tabled by the Government 31 January 2019 · Commons
• Considered for English votes for English laws (EVEL) certification 4 February 2019 · Commons
• Not certified under the English votes for English laws (EVEL) process 4 February 2019 · Commons
• Considered by the Secondary Legislation Scrutiny Committee (SLSC) 11 February 2019 · Lords
• No comment by the Secondary Legislation Scrutiny Committee (SLSC) 11 February 2019 · Lords
• Considered by the Joint Committee on Statutory Instruments (JCSI) 13 February 2019 · Commons, Lords
• Not drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 13 February 2019 · Commons, Lords
• Motion to approve the instrument tabled by the Government 13 February 2019 · Lords
• Commencement Order made (signed into law) triggering approval period 22 March 2019
• Chamber debate 9 April 2019 · Commons
• Question on motion to approve the instrument put 9 April 2019 · Commons
• Instrument approved 9 April 2019 · Commons
• Chamber debate 1 May 2019 · Lords
• Question on motion to approve the instrument put 1 May 2019 · Lords
• Instrument approved 1 May 2019 · Lords
• Instrument remains law 1 May 2019
• Procedure concluded in the House of Commons and the House of Lords 1 May 2019 · Commons, Lords
• Approval period ends 18 June 2019

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