The Cyber (Sanctions) (EU Exit) Regulations 2020

UK Statutory Instrument 2020 No. 597 — creates 7 criminal offences.

7offences created

0recorded in force

0revoked

Made: 15 June 2020
In force from: Not determined
Extent: Not stated
Subject: International sanctions, export control and trade restrictions
Made under: Parliament under section 55(3) of the Sanctions and Anti-Money Laundering Act 2018, 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 furthering the prevention of certain cyber activity as defined in regulation 4(2) (“relevant cyber activity”). Following the UK’s withdrawal from the European Union, these Regulations replace the EU sanctions regime implemented via EU Council Decision (CFSP) 2019/797 of 17 May 2019 concerning restrictive measures against cyber-attacks threatening the Union or its Member States and Council Regulation (EU) 2019/796 of 17 May 2019 concerning restrictive measures against cyber-attacks threatening the Union or its Member States. The Regulations confer a power on the Secretary of State to designate persons who are, or have been, involved in relevant cyber activity. 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 for 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) 2019/796 of 17 May 2019 concerning restrictive measures against cyber-attacks threatening the Union or its Member States is revoked by these Regulations. The Cyber-Attacks (Asset-Freezing) Regulations 2019 (S.I. 2019/956) are also revoked. An Impact Assessment has not been produced for these Regulations, as the instrument is intended to ensure the existing sanctions regime remains 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 21(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 21(2) · Status not determined · Strict liability
Finance: reporting obligations regulation 23(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 27(1) · Status not determined · Requires proof of a state of mind
In the application of paragraph (1) to Scotland, where an offence is committed outside the United Kingdom any such… regulation 32(2) · Status not determined · Strict liability
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.

Exiting the European Union (Sanctions) Commons · Commons Chamber · 3 February 2021 · James Cleverly
I thank my right hon. Friend for the point that he has made, and I will go into a bit more detail about the framework within which we can operate. He will understand that the Government choose not to discuss any future sanctions we may impose, to prevent either the movement of moneys or other things that we might approach, but my colleagues in Government and I absolutely hear the point that he has made. Our sanctions regime is the foundation for an independent sanctions policy in support of our foreign policy and national security interests. With this framework in place, the UK can use…
Exiting the European Union (Sanctions) Commons · Commons Chamber · 3 February 2021 · Mr Deputy Speaker (Mr Nigel Evans)
With the leave of the House, I will put the Questions on the remaining eight motions together. Resolved, That the Burundi (Sanctions) (EU Exit) Regulations 2019 (S.I., 2019, No. 1142), dated 18 July 2019, a copy of which was laid before this House on 19 July 2019, in the last Parliament, be approved. That the Cyber (Sanctions) (EU Exit) Regulations 2020 (S.I., 2020, No. 597), dated 15 June 2020, a copy of which was laid before this House on 17 June, be approved. That the Guinea (Sanctions) (EU Exit) Regulations 2019 (S.I., 2019, No. 1145), dated 18 July 2019, a copy of which was laid before…
Exiting the European Union (Sanctions) Commons · Commons Chamber · 3 February 2021 · Mr Deputy Speaker (Mr Nigel Evans)
With this we will take the following motions: That the Burundi (Sanctions) (EU Exit) Regulations 2019 (S.I., 2019, No. 1142), dated 18 July 2019, a copy of which was laid before this House on 19 July 2019, in the last Parliament, be approved. That the Cyber (Sanctions) (EU Exit) Regulations 2020 (S.I., 2020, No. 597), dated 15 June 2020, a copy of which was laid before this House on 17 June, be approved. That the Guinea (Sanctions) (EU Exit) Regulations 2019 (S.I., 2019, No. 1145), dated 18 July 2019, a copy of which was laid before this House on 19 July 2019, in the last Parliament, be…
Cyber (Sanctions) (EU Exit) Regulations 2020 Lords · Grand Committee · 8 February 2021
Cyber (Sanctions) (EU Exit) Regulations 2020 Lords · Grand Committee · 8 February 2021 · Lord Ahmad of Wimbledon
That the Grand Committee do consider the Cyber (Sanctions) (EU Exit) Regulations 2020.

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 15 June 2020
Instrument under Section 55(3) in conjunction with Section 56(5) of the Sanctions and Anti-Money Laundering Act 2018 made (signed into law) 15 June 2020
Laid before the House of Commons 17 June 2020 · Commons
Laid before the House of Lords 17 June 2020 · Lords
Motion to approve the instrument tabled by the Government 17 June 2020 · Commons
Considered for English votes for English laws (EVEL) certification 22 June 2020 · Commons
Not certified under the English votes for English laws (EVEL) process 22 June 2020 · Commons
Considered by the Secondary Legislation Scrutiny Committee (SLSC) 30 June 2020 · Lords
No comment by the Secondary Legislation Scrutiny Committee (SLSC) 30 June 2020 · Lords
Considered by the Joint Committee on Statutory Instruments (JCSI) 1 July 2020 · Commons, Lords
Not drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 1 July 2020 · Commons, Lords
Motion to approve the instrument tabled by the Government 1 July 2020 · Lords
Commencement Order made (signed into law) triggering approval period 14 December 2020
Chamber debate 3 February 2021 · Commons
Question on motion to approve the instrument put 3 February 2021 · Commons
Instrument approved 3 February 2021 · Commons
Grand Committee debate 8 February 2021 · Lords
Question put on motion to consider the instrument 8 February 2021 · Lords
Motion to consider the instrument approved 8 February 2021 · Lords
Question on motion to approve the instrument put 10 February 2021 · Lords
Instrument approved 10 February 2021 · Lords
Instrument remains law 10 February 2021
Procedure concluded in the House of Commons and the House of Lords 10 February 2021 · Commons, Lords
Approval period ends 10 March 2021

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

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