UK Offence Report

The Chemical Weapons (Sanctions) (EU Exit) Regulations 2019

UK Statutory Instrument 2019 No. 618 — creates 6 criminal offences.

6offences created
0recorded in force
0revoked
Made
20 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 for the purpose of discouraging the proliferation and use of chemical weapons. Following the UK’s withdrawal from the European Union, these Regulations replace the EU sanctions regime concerning restrictive measures against the proliferation and use of chemical weapons, 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 the proliferation and use of chemical weapons. 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. 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. These 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 2018/1542 of 15 October 2018, concerning restrictive measures directed against the proliferation and use of chemical weapons is revoked by the Regulations, as are the provisions of the Chemical Weapons (Asset-Freezing) and Miscellaneous Amendments Regulations 2018 (S.I. 2018/1090) which relate to this sanctions regime. 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

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.

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

From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.

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