The Zimbabwe (Sanctions) (EU Exit) Regulations 2019
UK Statutory Instrument 2019 No. 604 — creates 19 criminal offences.
- Made
- 19 March 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 Zimbabwe for the purposes of encouraging the Government of Zimbabwe to: respect democratic principles and institutions and the rule of law; refrain from the repression of civil society; 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 Zimbabwe 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, including those which may be used to repress the civilian population of Zimbabwe (as specified in Schedule 2 to these Regulations). 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 3 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 (EC) No 314/2004 of 19 February 2004 concerning restrictive measures in respect of Zimbabwe is revoked by these Regulations. The Zimbabwe (Financial Sanctions) Regulations 2009 and the Zimbabwe (Sale, Supply, Export, Technical Assistance, Financing and Financial Assistance and Shipment of Equipment) (Penalties and Licences) Regulations 2004 are also revoked by these Regulations. 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
- Supply and delivery of restricted goods regulation 22(3) · Status not determined · Strict liability
- Making restricted goods and restricted technology available regulation 23(3) · Status not determined · Strict liability
- Transfer of restricted technology regulation 24(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 27(3) · Status not determined · Strict liability
- Provision of military-related services regulation 28(4) · 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 36(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 36(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 37(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 37(2) · Status not determined · Strict liability
- Finance: reporting obligations regulation 39(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 43(1) · Status not determined · Requires proof of a state of mind
- General trade licences: records regulation 45(6) · Status not determined · Strict liability
- General trade licences: inspection of records regulation 46(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 55(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 55(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 66 · 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 · 25 April 2019 · The Leader of the House of Commons (Andrea Leadsom)
The business for the week commencing 29 April will be: Monday 29 April—A motion to approve a statutory instrument relating to the Chemical Weapons (Sanctions) (EU Exit) Regulations 2019 (S.I., 2019, No. 618), followed by a motion to approve a statutory instrument relating to the Zimbabwe (Sanctions) (EU Exit) Regulations 2019 (S.I., 2019, No. 604), followed by a motion to approve a statutory instrument relating to the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019 (S.I., 2019, No. 600), followed by a motion to approve a statutory instrument relating to the Syria (Sanctions) (EU…
- Exiting the European Union (Sanctions)
Commons · Commons Chamber · 29 April 2019 · Sir Alan Duncan
I am afraid that the hon. Lady’s indignation is wrong on all counts. First, white phosphorus does not fall under the chemical weapons regime as it is a different sort of weapon, nor does Daesh, which falls under other regimes related to al-Qaeda and Daesh. I think it would be highly inappropriate for me to discuss an individual when we are looking at the framework within which the sort of designations the hon. Lady mentions can take place. These regulations put in place the law within which those designations can happen. We are not specifically looking at the designations themselves. In…
- Exiting the European Union (Sanctions)
Commons · Commons Chamber · 29 April 2019 · Madam Deputy Speaker
With this we shall consider the following: Motion 2— Exiting the Europe an Union (Sanctions) (Zimbabwe) — That the Zimbabwe (Sanctions) (EU Exit) Regulations 2019 (S.I., 2019, No. 604), which were laid before this House on 20 March, be approved. Motion 3— Exiting the Europe an Union (Sanctions) (Republic of Belarus) — That the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019 (S.I., 2019, No. 600), which were laid before this House on 20 March, be approved. Motion 4— Exiting the Europe an Union (Sanctions) (Syria) — That the Syria (Sanctions) (EU Exit) Regulations 2019 (S.I., 2019,…
- Syria (Sanctions) (EU Exit) Regulations 2019
Lords · Lords Chamber · 9 May 2019 · The Minister of State, Foreign and Commonwealth Office (Lord Ahmad of Wimbledon) (Con)
My Lords, I will speak also to the Chemical Weapons (Sanctions) (EU Exit) Regulations 2019, the Russia (Sanctions) (EU Exit) Regulations 2019, the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019 and the Zimbabwe (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, to implement autonomous sanctions regimes and to update our anti-money laundering framework after we leave…
- Zimbabwe (Sanctions) (EU Exit) Regulations 2019 Lords · Lords Chamber · 9 May 2019
- Zimbabwe
Commons · Written Statements · 1 February 2021 · The Secretary of State for Foreign, Commonwealth and Development Affairs and First Secretary of State (Dominic Raab)
On 1 February 2021, I imposed asset freezes and travel bans on four individuals under the Zimbabwe (Sanctions) (EU Exit) Regulations 2019. The four individuals designated were involved in brutal crackdowns by the Government of Zimbabwe on public protests. This includes events that led to the deaths of six demonstrators in August 2018 and of 17 demonstrators in January 2019, and resulted from the Zimbabwean security forces’ use of excessive and disproportionate force. As a result, the designations focus on some of the most egregious human rights violations since President Mnangagwa took…
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 19 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) 19 March 2019
- Laid before the House of Commons 20 March 2019 · Commons
- Laid before the House of Lords 20 March 2019 · Lords
- Motion to approve the instrument tabled by the Government 20 March 2019 · Commons
- Commencement Order made (signed into law) triggering approval period 22 March 2019
- Considered for English votes for English laws (EVEL) certification 25 March 2019 · Commons
- Not certified under the English votes for English laws (EVEL) process 25 March 2019 · Commons
- Considered by the Secondary Legislation Scrutiny Committee (SLSC) 1 April 2019 · Lords
- No comment by the Secondary Legislation Scrutiny Committee (SLSC) 1 April 2019 · Lords
- Considered by the Joint Committee on Statutory Instruments (JCSI) 3 April 2019 · Commons, Lords
- Not drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 3 April 2019 · Commons, Lords
- Motion to approve the instrument tabled by the Government 3 April 2019 · Lords
- Chamber debate 29 April 2019 · Commons
- Question on motion to approve the instrument put 29 April 2019 · Commons
- Instrument approved 29 April 2019 · Commons
- Chamber debate 9 May 2019 · Lords
- Question on motion to approve the instrument put 9 May 2019 · Lords
- Instrument approved 9 May 2019 · Lords
- Instrument remains law 9 May 2019
- Procedure concluded in the House of Commons and the House of Lords 9 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