The Bosnia and Herzegovina (Sanctions) (EU Exit) Regulations 2020

UK Statutory Instrument 2020 No. 608 — creates 7 criminal offences.

Made

18 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 purposes of promoting respect for the sovereignty, territorial integrity, international personality and constitutional order of Bosnia and Herzegovina; promoting the peace, stability and security of Bosnia and Herzegovina; and encouraging compliance with and the implementation of The General Framework Agreement for Peace in Bosnia and Herzegovina (“the GFAP”). Following the UK’s withdrawal from the European Union, these Regulations replace the EU sanctions regime concerning restrictive measures in view of the situation in Bosnia and Herzegovina, implemented via EU Council Decision 2011/173/CFSP of 21st March 2011. The Regulations confer a power on the Secretary of State to designate persons who are, or have been, involved in undermining or threatening the sovereignty, territorial integrity, international personality or constitutional order of Bosnia and Herzegovina; undermining or threatening the peace, stability or security of Bosnia and Herzegovina; obstructing the implementation of the commitments contained in the GFAP; or any other action, policy or activity which undermines the GFAP. 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 licences 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. 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
• In the application of paragraph (1) to Scotland, where an offence is committed outside the United Kingdom any such… regulation 33(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 · The Minister for the Middle East and North Africa (James Cleverly)

  I beg to move, That the Bosnia and Herzegovina (Sanctions) (EU Exit) Regulations 2020 (S.I., 2020, No. 608), dated 18 June 2020, a copy of which was laid before this House on 22 June, be approved.

• Sanctions (EU Exit) (Miscellaneous Amendments) (No. 4) Regulations 2020 Lords · Grand Committee · 8 February 2021 · Lord Bourne of Aberystwyth (Con) [V]

  My Lords, I declare my interests, as published in the register, particularly as president of Remembering Srebenica. It is a great pleasure to follow the noble Lord, Lord Dodds of Duncairn; I agree very much with his points about the importance of cybersecurity. I thank my noble friend for setting out the background to this suite of regulations. I support what has been said in general about the need for these effective sanctions regimes. I emphasise in particular the importance of the Bosnia and Herzegovina (Sanctions) (EU Exit) Regulations 2020. I welcome what the Minister said about…

• Bosnia and Herzegovina (Sanctions) (EU Exit) Regulations 2020 Lords · Grand Committee · 8 February 2021
• Bosnia and Herzegovina (Sanctions) (EU Exit) Regulations 2020 Lords · Grand Committee · 8 February 2021 · Lord Ahmad of Wimbledon

  That the Grand Committee do consider the Bosnia and Herzegovina (Sanctions) (EU Exit) Regulations 2020.

• Bosnia-Herzegovina Lords · Lords Chamber · 16 December 2021 · Lord Bourne of Aberystwyth (Con)

  My Lords, I declare my interests as published in the register, in particular my presidency of the institution Remembering Srebrenica. I thank noble Lords who are participating in this important debate. We have a strong line-up of speakers, particularly my noble friend Lady Helic, who has personal experience of this like nobody else here does, my noble friend Lady Warsi, who has direct experience from the Foreign Office, and my noble friend Lady Mobarik, who was a Member of the European Parliament. I understand that the noble Lord, Lord Hannay, will come in during the gap; we very much look…

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 18 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) 18 June 2020
• Laid before the House of Commons 22 June 2020 · Commons
• Laid before the House of Lords 22 June 2020 · Lords
• Motion to approve the instrument tabled by the Government 22 June 2020 · Commons
• Considered for English votes for English laws (EVEL) certification 29 June 2020 · Commons
• Not certified under the English votes for English laws (EVEL) process 29 June 2020 · Commons
• Considered by the Secondary Legislation Scrutiny Committee (SLSC) 7 July 2020 · Lords
• No comment by the Secondary Legislation Scrutiny Committee (SLSC) 7 July 2020 · Lords
• Considered by the Joint Committee on Statutory Instruments (JCSI) 8 July 2020 · Commons, Lords
• Not drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 8 July 2020 · Commons, Lords
• Motion to approve the instrument tabled by the Government 8 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.

Check the source

• This instrument on legislation.gov.uk The authoritative text, including amendments made since
• Other instruments from 2020