UK Offence Report

The Sanctions (Overseas Territories) (Amendment) Order 2020

UK Statutory Instrument 2020 No. 1582 — creates 2 criminal offences.

2offences created
0recorded in force
0revoked
Made
16 December 2020
In force from
Not determined
Extent
Not stated
Subject
International sanctions, export control and trade restrictions
Made under
S.I. 2020/1124, S.I. 2020/773, Sanctions and Anti-Money Laundering Act 2018

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order makes amendments to the Global Human Rights Sanctions (Overseas Territories) Order 2020 (S.I. 2020/773) (“the Global Human Rights Sanctions Order”) and the Lebanon (Sanctions) (Overseas Territories) Order 2020 (S.I. 2020/1124) (“the Lebanon Sanctions Order”). The Global Human Rights Sanctions Order extends with modifications the Global Human Rights Sanctions Regulations 2020 (S.I. 2020/680) (“the Global Human Rights Sanctions Regulations”) as amended from time to time to all British overseas territories except Bermuda and Gibraltar (which implement sanctions under their own legislative arrangements). The Global Human Rights Sanctions Regulations were made under Part 1 of the Sanctions and Anti-Money Laundering Act 2018 (c.13) (“the Sanctions Act”) to establish a sanctions regime for the purpose of deterring, and providing accountability for, activities which, if carried out by or on behalf of a State, would amount to serious violations of certain human rights by that State. Article 2 of this Order amends the Global Human Rights Sanctions Order in order to revise the modifications to be made to the Global Human Rights Sanctions Regulation in their extension to the British overseas territories. Article 2(2)(a) revises the modifications to regulation 9 (confidential information in certain cases) so that the Supreme Court of a territory may grant an injunction to prevent the disclosure of information relating to a designation which the Secretary of State has specified is to be treated as confidential. Article 2(2)(b) revises the modifications to regulation 17 (immigration) so that a person designated for immigration purposes is prohibited from transiting the territory, as well as from entering or remaining in that territory. The revision also provides that the immigration prohibition in relation to a territory does not apply to a person who belongs to that territory, or, in respect of the Sovereign Base Areas of Akrotiri and Dhekelia, a person who is permitted to reside in those Areas. Article 2(2)(c) revises the modifications to regulation 24 (immigration directions) to clarify that the Governor may issue an immigration direction in respect of a person whose name is specified in that direction, or who is of a description specified in that direction. The Lebanon Sanctions Order extends with modifications the Lebanon (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/612) (“the Lebanon Sanctions Regulations”) as amended from time to time to all British overseas territories except Bermuda and Gibraltar. The Lebanon Sanctions Regulations were made under Part 1 of the Sanctions Act to establish a sanctions regime in relation to Lebanon for the purposes of compliance with the United Kingdom’s international obligations under United Nations Security Council resolution 1701 (2006). Article 3 of this Order amends the Lebanon Sanctions Order in order to revise the modifications to be made to the Lebanon Sanctions Regulations in their extension to the British overseas territories. Article 3(2)(a) revises the modifications to regulation 2 (interpretation) to substitute a revised definition of authorised officer. Article 3(2)(b) revises the modifications to regulation 7 (export of military goods) to provide that it is a defence for a person charged with the offence of contravening a prohibition on the export of military goods to, or for use in, Lebanon to show that they did not know and had no reasonable cause to suspect that the export was to, or the goods were for use in, Lebanon (as the case may be). Article 3(2)(c) revises the modifications to regulation 21 (general trade licences: inspection of records) to provide that an authorised officer (as defined in regulation 2 (interpretation)) may exercise the functions conferred by that regulation in relation to general trade licences records. Article 3(2)(d) revises the modifications to regulation 33 (maritime enforcement officers) to provide that, for the purposes of the Lebanon Sanction Regulations as modified and extended to the territories, the maritime enforcement powers contained in those Regulations may be exercised by a commissioned officer of any of Her Majesty’s ships or a police or customs officer of the territory. The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 3) Regulations 2020 (“the Amendment Regulations”) prospectively amend the Lebanon Sanctions Regulations, and, as a consequence, the Lebanon Sanctions Order, which is amended by this Order, does not come into force until the Amendment Regulations have come into force in the United Kingdom. Therefore, article 1(2) provides that this Order also comes into force immediately after the Amendment Regulations have come into force in the United Kingdom. An Impact Assessment has not been prepared for this Order because the territorial extent of both the Order, and the Global Human Rights Sanctions Order and Lebanon Sanctions Order which it amends, is the British overseas territories listed in the Schedule: no, or no significant, impact is foreseen on the private, voluntary or public sector in the United Kingdom.

Offences created by this instrument

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

Parliament's Statutory Instruments service has no record of this instrument, although it covers the period. Nothing is inferred from that.

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