The Central African Republic (Sanctions) (EU Exit) Regulations 2020
UK Statutory Instrument 2020 No. 616 — creates 19 criminal offences.
- Made
- 18 June 2020
- 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 the Central African Republic for the purposes of compliance with the United Kingdom’s United Nations obligations and for promoting peace, security, stability and human rights in the Central African Republic and related purposes. Following the United Kingdom’s withdrawal from the European Union, these Regulations also replace the European Union sanctions measures in relation to the Central African Republic which are currently implemented via an EU Council Decision and Regulation. The Regulations confer a power on the Secretary of State to designate persons who are involved in activity which threatens the peace, stability and security of the Central African Republic, or who are involved in the commission of serious human rights violations or abuses in the Central African Republic. 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 also impose trade restrictions on military goods and technology. 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 2 to these Regulations sets out the purposes pursuant to which the Treasury may 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 (EU) No 224/2014 concerning restrictive measures in respect of the situation in the Central African Republic is revoked by these Regulation. The Central African Republic (European Union Financial Sanctions) Regulations 2014 are also revoked, and certain provisions of the Export Control (Sudan, South Sudan and Central African Republic Sanctions) Regulations 2014 are amended, 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 12(3) · Status not determined · Strict liability
- Circumventing etc. prohibitions regulation 17(2) · Status not determined · Strict liability
- Supply and delivery of military goods regulation 22(3) · Status not determined · Strict liability
- Making military goods and military technology available regulation 23(3) · Status not determined · Strict liability
- Transfer of military technology regulation 24(3) · Status not determined · Strict liability
- Brokering services: non-UK activity relating to military goods and military technology regulation 27(3) · Status not determined · Strict liability
- Enabling or facilitating the conduct of armed hostilities regulation 28(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 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
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
This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.
- Procedure
- Made negative — law unless a motion to stop it succeeded
- 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 18 June 2020
- Instrument 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
- 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) 15 July 2020 · Commons, Lords
- Not drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 15 July 2020 · Commons, Lords
- Objection period ends 2 September 2020
- Instrument remains law 2 September 2020
- Procedure concluded in the House of Commons and the House of Lords 2 September 2020 · Commons, Lords
- Instrument comes into force as law Date not recorded
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