The Republic of Guinea-Bissau (Sanctions) (EU Exit) Regulations 2019
UK Statutory Instrument 2019 No. 554 — creates 6 criminal offences.
- Made
- 13 March 2019
- In force from
- Not determined
- Extent
- Not stated
- Subject
- International sanctions, export control and trade restrictions
- Made under
- 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 the Republic of Guinea-Bissau for the purpose of encouraging the abandonment of actions that undermine the peace, security or stability of the Republic of Guinea-Bissau. Following the UK’s withdrawal from the European Union, these Regulations replace the EU sanctions regime in relation to the Republic of Guinea-Bissau, implemented via 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 or economic resources frozen. 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 licenses in respect of activities that would otherwise be prohibited under the financial sanctions imposed by these Regulations. Schedule 2 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 prescribe powers for the provision and sharing of information to enable the effective implementation and enforcement of the sanctions regime. Council Regulation (EU) No 337/2012 concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau is revoked by these Regulations, as are the Guinea-Bissau (Asset-Freezing) Regulations 2012 (S.I. 2012/1301). An Impact Assessment has not been produced for these Regulations, as the instrument is intended to ensure existing sanctions remain in place following the United Kingdom’s withdrawal from the European Union. 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
- A person (“P”) commits an offence if P knowingly or recklessly— a provides information that is false in a material… regulation 22(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 22(2) · Status not determined · Strict liability
- Finance: reporting obligations regulation 24(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 28(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
Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.
- 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…
- Republic of Guinea-Bissau (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 13 March 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) 13 March 2019
- Laid before the House of Commons 15 March 2019 · Commons
- Laid before the House of Lords 15 March 2019 · Lords
- Motion to approve the instrument tabled by the Government 18 March 2019 · Commons
- Considered for English votes for English laws (EVEL) certification 18 March 2019 · Commons
- Not certified under the English votes for English laws (EVEL) process 18 March 2019 · Commons
- Commencement Order made (signed into law) triggering approval period 22 March 2019
- Considered by the Secondary Legislation Scrutiny Committee (SLSC) 25 March 2019 · Lords
- No comment by the Secondary Legislation Scrutiny Committee (SLSC) 25 March 2019 · Lords
- Considered by the Joint Committee on Statutory Instruments (JCSI) 27 March 2019 · Commons, Lords
- Not drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 27 March 2019 · Commons, Lords
- Motion to approve the instrument tabled by the Government 27 March 2019 · Lords
- 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