The Republic of Belarus (Sanctions) (Overseas Territories) Order 2020

• Citation: S.I. 2020/1271
• Sections: 100

Section 1 Citation, commencement and extent

(1) This Order may be cited as the Republic of Belarus (Sanctions) (Overseas Territories) Order 2020 and comes into force immediately after both the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 and the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 4) Regulations 2020 have come into force in the United Kingdom.

(2) This Order extends to each British overseas territory listed in Schedule 1.

Section 2 Extension of the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019

The Republic of Belarus (Sanctions) (EU Exit) Regulations 2019 as amended from time to time extend to each British overseas territory listed in Schedule 1 with the modifications specified in Schedule 2.

Section 3 Extension of the Sanctions and Anti-Money Laundering Act 2018

Subject to the modification set out in paragraph (c), the following provisions of the Sanctions and Anti-Money Laundering Act 2018 extend to each British overseas territory listed in Schedule 1 for the purposes of the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019 as modified and extended to the territories by this Order—

(a) section 44 (protection for acts done for purposes of compliance);

(b) section 52(3) (Crown application);

(c) section 53 (saving for prerogative powers), except that, in its application to a particular British overseas territory, the reference in subsection (1) of that section to the United Kingdom is to be read as a reference to that territory.

Section 1

In regulation 1 (citation and commencement)—

(a) in the heading, omit “and commencement”;

(b) omit paragraph (2).

Section 2

In regulation 2 (interpretation)—

(a) the existing text becomes paragraph (1);

(b) in that paragraph—

(i) in the appropriate places, insert the following definitions—

“aircraft” has the same meaning as it has in section 6(9) of the Act;

“authorised officer” means, in relation to the Territory—

a member of Her Majesty’s forces in the Territory,

a police or customs officer of the Territory,

a person authorised by the Governor for the purposes of exercising, whether generally or in a particular case, any power conferred by—

regulation 29I (detention of ships),

regulation 40 (finance: powers to request information),

regulation 41 (finance: production of documents),

regulation 45 (general trade licences: inspection of records),

regulation 46 (disclosure of information),

regulation 46A (finance: disclosure to the Governor),

regulation 47A (suspected ships, aircraft or vehicles), or

regulation 47B (search warrants), or

any person acting under the authority of a person falling within any of paragraphs (a) to (c);

“financial sanctions licence” means, in relation to the Territory, a licence issued by the Governor under regulation 32(1);

“the Governor” is to be read in accordance with regulation 4A;

“Her Majesty’s forces” does not include a force of any country, other than the United Kingdom, that is a member of the Commonwealth;

“ship” has the same meaning as it has in section 7(14) of the Act;

“territorial sea of the Territory” means the territorial sea as defined in an enactment applicable in the Territory or, in the absence of such an enactment, the territorial sea adjacent to the Territory;

“Territory aircraft” means, in relation to the Territory—

an aircraft registered in the Territory, or

an aircraft which is not registered under the law of a country outside the Territory but is wholly owned by persons each of whom is a Territory person;

“Territory person” means, in relation to the Territory, a person who is—

an individual ordinarily resident in the Territory who is—

a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,

a person who under the British Nationality Act 1981 is a British subject, or

a British protected person within the meaning of that Act, or

a body incorporated or constituted under the law of any part of the Territory;

“Territory ship” means, in relation to the Territory—

a ship registered in the Territory, or

a ship which is not registered under the law of a country outside the Territory but is wholly owned by persons each of whom is a Territory person;

“vehicle” means a land transport vehicle.

(ii) omit the definitions of—

(aa) “the Commissioners”,

(bb) “Treasury licence”, and

(cc) “United Kingdom person”;

(c) at the end insert—

(3) In the application of these Regulations to a particular British overseas territory, the expression “ the Territory ” means that territory.

Section 3

In regulation 3 (application of prohibitions and requirements outside the United Kingdom)—

(a) in the heading, for “United Kingdom” substitute “Territory”;

(b) in paragraphs (1) and (4), for “United Kingdom person” substitute “Territory person”;

(c) in paragraphs (1), (4) and (7), for “United Kingdom” substitute “Territory”;

(d) in paragraphs (2) and (5), after “in the territorial sea” insert “of the Territory”;

(e) in paragraphs (3) and (6), for “Treasury licence” substitute “financial sanctions licence” ;

(f) at the beginning of paragraph (3)(a), insert “by” .

Section 4

In regulation 4 (purposes), for “the regulations contained in this instrument that are made under section 1 of the Act” substitute “these Regulations”.

Section 5

At the end of Part 1 (General), insert—

Functions of the Governor

(4A)

(1) In these Regulations, “the Governor” means, in relation to the Territory, the person holding or acting in the office of Governor of the Territory, or, if there is no such office, the officer for the time being administering the Territory.

(2) The Governor may, to such extent and subject to such restrictions and conditions as the Governor thinks proper, delegate or authorise the delegation of any of the Governor’s powers under these Regulations to any person, or class or description of persons, and any references in these Regulations to the Governor are to be construed accordingly.

(3) In the exercise of any power conferred on the Governor by these Regulations, the Governor is to act in their discretion.

Section 6

Omit regulation 5 (power to designate persons) (including the heading).

Section 6A

Omit regulation 5A (conditions for the designation of persons by name) (including the heading).

Section 6B

Omit regulation 5B (conditions for the designation of persons by description) (including the heading).

Section 7

Omit regulation 6 (designation criteria) (including the heading).

Section 8

For regulation 8 (notification and publicity where designation power used), substitute—

Requirement to publish a list of persons designated by name

(8)

(1) Subject to paragraph (2), the Governor must—

(a) publish a list of designated persons, and

(b) keep the list up to date.

(2) Where, in accordance with regulation 8 (notification and publicity where designation power used) (as it has effect in the United Kingdom) the Secretary of State is not required to publicise generally a designation, variation or revocation, the Governor must not include in the list under paragraph (1) any details of that designation, variation or revocation.

(3) The Governor may publish the list under paragraph (1) in any form the Governor considers appropriate, including by means of a website.

(4) For the purpose of this regulation, “designated person” means any person for the time being designated by name by the Secretary of State under regulation 5(1) (power to designate persons by name) (as it has effect in the United Kingdom).

Section 9

In regulation 9 (confidential information in certain cases where designation power used)—

(a) in the heading, omit “where designation power used”;

(b) omit paragraph (1);

(c) in paragraph (2)(a), for “that is to be treated as confidential in accordance with paragraph (1)” substitute “which the Secretary of State has specified is to be treated as confidential under regulation 9(1) (as it has effect in the United Kingdom)”;

(d) in paragraph (7)—

(i) for “High Court (in Scotland, the Court of Session)” substitute “Supreme Court of the Territory”;

(ii) omit “(in Scotland, an interdict)”;

(e) at the end, insert—

(9) In this regulation, “Supreme Court of the Territory” means—

(a) in relation to Anguilla, Montserrat and the Virgin Islands, the High Court of the Eastern Caribbean Supreme Court;

(b) in relation to the Cayman Islands, the Grand Court of the Cayman Islands;

(c) in relation to the British Antarctic Territory, the British Indian Ocean Territory, the Falkland Islands, Pitcairn, Henderson, Ducie and Oeno Islands, St Helena, Ascension and Tristan da Cunha, South Georgia and the South Sandwich Islands and the Turks and Caicos Islands, the Supreme Court of that territory;

(d) in relation to the Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus, the Senior Judges’ Court of those Areas.

Section 9A

For regulation 9A (notification and publicity where power to designate by description is used), substitute—

Requirement to publish a list of designations by description

(9A)

(1) Subject to paragraph (2), the Governor must—

(a) publish a list of designations by description, and

(b) keep the list up to date.

(2) Where, in accordance with regulation 9A (notification and publicity where power to designate by description is used) (as it has effect in the United Kingdom) the Secretary of State is not required to publicise generally a designation, variation or revocation, the Governor must not include in the list under paragraph (1) any details of that designation, variation or revocation.

(3) The Governor may publish the list under paragraph (1) in any form the Governor considers appropriate, including by means of a website.

(4) For the purposes of this regulation, “ designations by description ” means designations where the Secretary of State has for the time being provided that persons of a specified description are designated persons under regulation 5(1A) (power to designate persons by description) (as it has effect in the United Kingdom).

Section 10

For regulation 10 (meaning of “designated person” in Part 3) substitute—

(10) In this Part, a “designated person” means a person who is designated from time to time by the Secretary of State under regulation 5 (power to designate persons) (as it has effect in the United Kingdom) for the purposes of regulations 11 to 15 (asset-freeze etc.) (as they have effect in the United Kingdom).

Section 10A

In regulation 15D (interpretation of terms relating to other financial restrictions)—

(a) in paragraph (1)—

(i) for the definition of “non-UK country”, substitute—

“ non-Territory country ” means a country that is not the Territory;

(ii) in the definition of “relevant person”, for “non-UK country” substitute “non-Territory country” .

Section 11

For regulation 17 (immigration) substitute—

(17)

(1) A person who is designated from time to time by the Secretary of State under regulation 5 (power to designate persons) (as it has effect in the United Kingdom) for the purposes of regulation 17 (immigration) (as it has effect in the United Kingdom) must not enter, transit or remain in the Territory.

(2) Paragraph (1) does not apply to a person who—

(a) belongs to the Territory, or

(b) in respect of the Sovereign Base Areas, is permitted to reside in the Sovereign Base Areas under the law applicable to the Sovereign Base Areas.

(3) Paragraph (1) does not apply to a person if the application of that paragraph to that person would be contrary to the United Kingdom’s obligations under —

(a) the European Convention on Human Rights, or

(b) the Refugee Convention.

(4) Paragraph (1) is subject to regulation 37 (immigration directions).

(5) For the purposes of this regulation, a person (“P”) belongs to the Territory if—

(a) in respect of Anguilla, P is an Anguillian (within the meaning given to that term in the law of Anguilla);

(b) in respect of the Cayman Islands, P is a Caymanian (within the meaning given to that term in the law of the Cayman Islands);

(c) in respect of the Falkland Islands, P has Falkland Islands status (within the meaning given to that term in the law of the Falkland Islands);

(d) in respect of Montserrat, P is a Montserratian (within the meaning given to that term in the law of Montserrat);

(e) in respect of Pitcairn, P has the right of abode in Pitcairn under the law of Pitcairn;

(f) in respect of St Helena, P has St Helenian status (within the meaning given to that term in the law of St Helena);

(g) in respect of Tristan da Cunha, P has the right of abode in Tristan da Cunha under the law of Tristan da Cunha;

(h) in respect of the Turks and Caicos Islands, P is a Turks and Caicos Islander (within the meaning given to that term in the law of the Turks and Caicos Islands);

(i) in respect of the Virgin Islands, P belongs to the Virgin Islands (within the meaning given to that term in the law of the Virgin Islands).

(6) In this regulation—

“the European Convention on Human Rights” means the Convention for the Protection of Human Rights and Fundamental Freedoms done at Rome on 4 November 1950 and the Protocols to the Convention ;

“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention ;

“Pitcairn” means Pitcairn, Henderson, Ducie and Oeno Islands;

“the Sovereign Base Areas” means the Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus.

Section 12

In regulation 20 (interpretation of other expressions used in this Part)—

(a) for paragraph (1) substitute—

(1) Paragraph 36 of Schedule 1 to the Act (trade sanctions) applies for the purpose of interpreting expressions in this Part.

(b) after paragraph (1), insert—

(1A) For the purposes of this Part—

(a) “export” means export from the Territory, and

(b) goods transported out of the Territory by aircraft or ship as stores within the meaning of CEMA (see section 1(1) and (4) of that Act) are to be regarded as exported.

(c) for paragraph (2) substitute—

(2) In this Part, any reference to the Territory includes a reference to the territorial sea of the Territory.

Section 13

In regulation 21 (export of goods to, or for use in, Belarus) , at the end insert—

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1) to show that the person did not know and had no reasonable cause to suspect that the export was to, or the goods were for use in, Belarus (as the case may be).

Section 14

In regulation 22 (supply and delivery of goods from a third country to Belarus) , in paragraph (4) for “United Kingdom, the Isle of Man” substitute “Territory”.

Section 15

In regulation 27 (brokering services: certain arrangements relating to non-UK activities) —

(a) in the heading, for “non-UK” substitute “non-Territory”;

(b) in paragraph (1), for “non-UK country”, in each place it occurs, substitute “non-Territory country”;

(c) for paragraph (4) substitute—

(4) In this regulation—

“non-Territory country” means a country that is not the Territory;

“third country” means a country that is not the Territory or Belarus.

Section 15A

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Section 15B

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Section 15C

In regulation 27K (supply and delivery of goods to places outside the UK) —

(za) in the heading, for “UK” substitute “Territory;”

(a) in paragraph (2), for “non-UK country”, in each place it occurs, substitute “non-Territory country” ;

(b) for paragraph (6) substitute—

(6) In this regulation—

“ non-Territory country ” means a country that is not the Territory;

“ third country ” means a country that is not the Territory or Belarus.

Section 15D

In regulation 27L (technical assistance relating to certain activities) —

(a) in paragraph (1), for “non-UK country”, in each place it occurs, substitute “non-Territory country” ;

(b) for paragraph (4) substitute—

(4) In this regulation—

“ non-Territory country ” means a country that is not the Territory;

“ third country ” means a country that is not the Territory or Belarus.

Section 15E

In regulation 27M (financial services, funds and brokering services relating to certain arrangements) —

(a) in paragraph (1), for “non-UK country”, in each place it occurs, substitute “non-Territory country” ;

(b) for paragraph (6) substitute—

(6) In this regulation—

“ non-Territory country ” means a country that is not the Territory;

“ third country ” means a country that is not the Territory or Belarus.

Section 15F

In regulation 29A (movement of aircraft)—

(za) in paragraph (A1), in both places it occurs, for “United Kingdom” substitute “Territory” ;

(a) for paragraph (1) substitute—

(1) The Secretary of State, or the Governor (as the case may be), may—

(a) refuse permission under article 135 of the ANO in respect of Belarusian aircraft;

(b) refuse permission under article 137 of the ANO in respect of Belarusian aircraft;

(c) suspend or revoke any permission granted under article 135 of the ANO in respect of Belarusian aircraft;

(d) suspend or revoke any permission granted under article 137 of the ANO in respect of Belarusian aircraft.

(b) in paragraph (2)—

(i) for “United Kingdom”, in both places it occurs, substitute “Territory” ;

(ii) in sub-paragraph (b), for “.” substitute “;” ;

(iii) after sub-paragraph (b) insert—

(c) not to take off, or not to permit the aircraft to take off, from an airport in the Territory;

(d) to take off, or to require the aircraft to take off, from an airport in the Territory;

(e) not to land, or not to permit the aircraft to land, at an airport in the Territory.

(c) in paragraph (3), for “Secretary of State” substitute “Governor” ;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) in paragraph (5), for “Secretary of State” substitute “Governor” ;

(f) at the end insert—

(9) The Secretary of State may direct the Governor to exercise any of the Governor’s powers under paragraphs (3) and (5).

Section 15G

For regulation 29C (directions under regulation 29A: supplementary) substitute—

(29C)

(1) Where a direction is given under regulation 29A(1)(c) or (d) to the extent that the direction conflicts with the requirements of article 12 of the ANO (revocation etc of permissions), those requirements are to be disregarded.

(2) Where a direction is given under regulation 29A which conflicts with a permission under article 135 or 137 of the ANO, the permission is to be disregarded.

(3) In so far as a direction under regulation 29A conflicts with any requirement in the applicable law of the Territory that corresponds to the requirements of section 93 of the Transport Act 2000 or of an order under section 94 of that Act, the direction is to be disregarded.

(4) In so far as a direction under regulation 29A conflicts with the requirements of any other relevant law applicable to the Territory, the requirements are to be disregarded.

(5) The Secretary of State may notify a person that the existence of a direction under regulation 29A, any part of the content of the direction, or anything done under the direction, is to be treated as confidential.

(6) The Governor may notify a person that the existence of a direction issued by the Governor under regulation 29A, any part of the content of the direction, or anything done under the direction, is to be treated as confidential.

(7) A person must not disclose any information if the Secretary of State or the Governor (as the case may be) notifies that person under paragraph (5) or (6) that the information is to be treated as confidential.

(8) For the purposes of this regulation, a “direction” under regulation 29A includes the refusal or revocation of permission under regulation 29A(1).

Section 15H

In regulation 29D (offences), in paragraph (1), for “Secretary of State” substitute “Governor” .

Section 15I

In regulation 29E (interpretation of Part 5A)—

(a) in paragraph (1)—

(i) for the definition of “air traffic control” substitute—

“ air traffic control ” means a person which provides any of the following services in the Territory—

an air traffic control service (which has the meaning that it has in article 3(1) of the ANO), or

a flight information service (which has the meaning that it has in article 3(1) of the ANO);

(ii) for the definition of “the ANO” substitute—

“ the ANO ” means the Air Navigation (Overseas Territories) Order 2013 ;

(iii) at the appropriate places, insert—

“ airport ” means the aggregate of the land, water, buildings and works comprised in an aerodrome within the meaning of article 3(1) of the ANO;

“ airport operator ”, in relation to the Territory, means a person in charge of the operation of an airport in the Territory;

(b) in paragraph (3), after “in that section” insert “, unless otherwise provided in this regulation” .

Section 15J

In regulation 29F (prohibition on port entry)—

(a) in paragraphs (1) and (2), for “United Kingdom”, in both places it occurs, substitute “Territory” ;

(b) for paragraph (6) substitute—

(6) In paragraph (5), a “ designated person ” means a person for the time being designated by the Secretary of State under regulation 5 (power to designate persons) (as it has effect in the United Kingdom) for the purposes of regulations 29F and 29H to 29J (ships: prohibition on port entry etc.) (as they have effect in the United Kingdom).

Section 15K

In regulation 29G (directions prohibiting port entry)—

(a) in paragraphs (2), (3), (5) and (6), for “Secretary of State”, in each place it occurs, substitute “Governor” ;

(b) in paragraphs (3) and (7), for “United Kingdom”, in both places it occurs, substitute “Territory” ;

(c) after paragraph (6) insert—

(6A) The Secretary of State may direct the Governor to exercise any of the Governor’s powers under this regulation.

Section 15L

In regulation 29H (movement of ships)—

(a) in paragraphs (1), (2), (4) and (5), for “Secretary of State”, in each place it occurs, substitute “Governor” ;

(b) after paragraph (5) insert—

(5A) The Secretary of State may direct the Governor to exercise any of the Governor’s powers under this regulation.

(c) in paragraph (6), for the definition of “designated person” substitute—

“ designated person ” means a person for the time being designated by the Secretary of State under regulation 5 (power to designate persons) (as it has effect in the United Kingdom) for the purposes of regulations 29F and 29H to 29J (ships: prohibition on port entry etc.) (as they have effect in the United Kingdom);

Section 15M

In regulation 29I (detention of ships)—

(a) in paragraphs (1), (2) and (3), for “Secretary of State”, in each place it occurs, substitute “Governor” ;

(b) in paragraphs (4) and (6), for “United Kingdom”, in both places it occurs, substitute “Territory” ;

(c) after paragraph (7) insert—

(7A) The Secretary of State may direct the Governor to exercise any of the Governor’s powers under this regulation.

(d) for paragraph (8) substitute—

(8) Where a detention direction is given under this regulation in relation to a ship, an authorised officer may detain the ship.

(8A) If a ship in respect of which a detention direction has been given to the master proceeds to sea in contravention of the detention direction, the master of the ship commits an offence.

(8B) If a ship in respect of which a detention direction has been given to the master fails to comply with any requirements imposed by the direction, the master of the ship commits an offence.

(8C) The owner of a ship, and any person who sends to sea a ship, in respect of which an offence is committed under paragraph (8A) or (8B), if party or privy to the offence, also commits an offence under that paragraph.

(8D) Any reference in this regulation to proceeding to sea includes a reference to going on a voyage or excursion that does not involve going to sea, and references to sending to sea are to be construed accordingly.

(e) for paragraph (10) substitute—

(10) In this regulation, “ designated person ” means a person for the time being designated by the Secretary of State under regulation 5 (power to designate persons) (as it has effect in the United Kingdom) for the purposes of regulations 29F and 29H to 29J (ships: prohibition on port entry etc.) (as they have effect in the United Kingdom).

Section 15N

In regulation 29J (registration of ships in the United Kingdom)—

(a) in the heading, for “United Kingdom” substitute “Territory” ;

(b) in paragraphs (1) and (2), for “Registrar”, in each place it occurs, substitute “Territory registrar” ;

(c) in paragraph (1), after “Secretary of State” insert “, by the Governor” ;

(d) in paragraph (2), after “Secretary of State” insert “or the Governor” ;

(e) in paragraph (3)—

(i) before sub-paragraph (a) insert—

(za) “ the Territory registrar ”, in relation to the Territory, means the person responsible for the registration of ships in the Territory;

(ii) in sub-paragraph (a), for “register of British ships maintained by the Registrar” substitute “register of British ships in the Territory maintained by the Territory registrar” ;

(iii) for sub-paragraph (b) substitute—

(b) “ designated person ” means a person for the time being designated by the Secretary of State under regulation 5 (power to designate persons) (as it has effect in the United Kingdom) for the purposes of regulations 29F and 29H to 29J (ships: prohibition on port entry etc.) (as they have effect in the United Kingdom);

Section 15O

Omit regulation 29K (specification of ships) (including the heading).

Section 15P

For regulation 29L (notification and publicity where specification power used) substitute—

Requirement to publish a list of specified ships

(29L)

(1) Subject to paragraph (2), the Governor must—

(a) publish a list of specified ships, and

(b) keep the list up to date.

(2) Where, in accordance with regulation 29L (notification and publicity where specification power used) (as it has effect in the United Kingdom) the Secretary of State is not required to publicise generally a specification or revocation, the Governor must not include in the list under paragraph (1) any details of that specification or revocation.

(3) The Governor may publish the list under paragraph (1) in any form the Governor considers appropriate, including by means of a website.

Section 15Q

In regulation 29N (interpretation of Part 5B)—

(a) in paragraph (5), in the definition of “specified ship”, after “under regulation 29K (specification of ships)” insert “(as it has effect in the United Kingdom)” ;

(b) in paragraph (6), after “in that section”, insert “, unless otherwise provided in this Part” .

Section 15EA

In regulation 27N(5) (technical assistance relating to aircraft and ships), for the definition of “designated person” substitute—

“ designated person ” means a person for the time being designated by the Secretary of State under regulation 5 (power to designated persons) (as it has effect in the United Kingdom) for the purposes of this regulation (as it has effect in the United Kingdom);

Section 15EB

In regulation 27O (enabling or facilitating military activities)—

(a) in paragraph (1)(d), for “non-UK country” substitute “non-Territory country” ;

(b) in paragraph (4), for ““ non-UK country ” means a country that is not the United Kingdom”” substitute ““ non-Territory country ” means a country that is not the Territory;” .

Section 15FA

In regulation 29(B) (directions under regulation 29A), in paragraph (6), after “Secretary of State” insert “or Governor (as the case may be)” .

Section 15GA

In regulation 29CA (registration of aircraft in the United Kingdom)—

(a) in the heading, for “United Kingdom” substitute “” Territory”;

(b) in each place where it appears in paragraphs (1), (2) and (5), for “CAA” substitute “Governor” ;

(c) in paragraph (3), for “Part 3 (Registration and marking)” substitute “Part 2 (Registration and marking of aircraft)” ;

(d) in paragraph (5), after “in the register” insert “in relation to the Territory” ;

(e) for paragraph (6) substitute—

(6) In this regulation, a “ designated person ” means a person who is designated by the Secretary of State under regulation 5 (power to designate persons) (as it has effect in the United Kingdom) for the purposes of regulation 29A (movement of aircraft) or this regulation (as they have effect in the United Kingdom).

Section 16

In regulation 30 (finance: exceptions from prohibitions)—

(a) omit paragraph (6);

(b) in paragraph (7), for the definition of “relevant institution” substitute—

“relevant institution”, in relation to the Territory, means a person domiciled in the Territory who would satisfy the threshold conditions for permission under Part 4A of the Financial Services and Markets Act 2000 if it had its registered office (or if it does not have one, its head office) in the United Kingdom.

(c) omit paragraph (8).

Section 16A

For regulation 30ZA (asset-freeze etc.: exception from prohibitions for required payments) substitute—

Asset-freeze etc.: exception from prohibitions for required payments

(30ZA)

(1) This regulation applies to required payments within the meaning of paragraph (2).

(2) A required payment is a payment which a designated person is required to make under or by virtue of any enactment which applies in the Territory to—

(a) a government department or body,

(b) a customs authority,

(c) a revenue authority,

(d) a registrar of companies,

(e) a financial regulator,

(f) a land authority, or

(g) a consolidated fund.

(3) The prohibitions in regulations 11 (asset-freeze in relation to designated persons) and 13 (making funds available for benefit of designated persons) are not contravened by a person making a required payment.

(4) Where a required payment is made by a person other than a designated person, the prohibition in regulation 11 is not contravened by the designated person making a reimbursement payment to that person.

(5) The reference in paragraph (3) to a person making a required payment includes a designated person, but only where they are making a required payment on their own behalf.

(6) For the purposes of this regulation, references to a designated person are to be read as including a person who is owned or controlled directly or indirectly (within the meaning of regulation 7) by the designated person.

(7) In this regulation—

“ designated person ” has the same meaning as it has in Part 3 (finance);

“ reimbursement payment ” means a repayment from the designated person to the person who made a required payment which is of the same amount as that required payment.

Section 17

For regulation 30A (exceptions for authorised conduct outside the Territory) substitute—

Exceptions for authorised conduct outside the Territory

(30A)

(1) Where a person’s conduct outside the Territory would, in the absence of this paragraph, contravene a prohibition in any of regulations 11 to 15 (asset-freeze etc.), 15B (loans and credit arrangements) , 15C (insurance and reinsurance services), 15CA (provision of financial services relating to foreign reserve and asset management) or Chapters 2, ... 2B or 2C (Trade), the prohibition is not contravened if the conduct is authorised by a licence issued under regulation 32 (Treasury licences) (as it has effect in the United Kingdom) or regulation 33 (trade licences) (as it has effect in the United Kingdom).

(2) Where a person’s conduct in a relevant country would, in the absence of this paragraph, contravene a prohibition in any of regulations 11 to 15 or Chapter 2 or 3 of Part 5 (“the relevant prohibition”), the relevant prohibition is not contravened if the conduct is authorised by a licence or other authorisation which is issued—

(a) under the law of the relevant country, and

(b) for the purpose of disapplying a prohibition in that jurisdiction which corresponds to the relevant prohibition.

(3) In this regulation—

“ relevant country ” means—

any of the Channel Islands,

the Isle of Man, or

any British overseas territory other than the Territory.

Section 18

For regulation 31 (exception for acts done for purposes of national security or prevention of serious crime) substitute—

(31)

(1) Where an act would, in the absence of this paragraph, be prohibited by regulation 9(2) (confidential information in certain cases) or any prohibition in Part 3 (Finance), Part 5 (Trade) , Part 5A (Aircraft) or Part 5B (Ships) , that prohibition does not apply to the act if the act is one which—

(a) a responsible officer has determined would be in the interests of—

(i) national security, or

(ii) the prevention or detection of serious crime in the United Kingdom or elsewhere, or

(b) the Governor, with the consent of the Secretary of State, has determined would be in the interests of the prevention or detection of serious crime in the Territory.

(2) Where, in the absence of this paragraph, a thing would be required to be done under or by virtue of a provision of Part 5A (Aircraft), Part 7 (Information and records) or Part 9 (Maritime enforcement), that requirement does not apply if—

(a) a responsible officer has determined that not doing the thing in question would be in the interests of—

(i) national security, or

(ii) the prevention or detection of serious crime in the United Kingdom or elsewhere, or

(b) the Governor, with the consent of the Secretary of State, has determined that not doing the thing in question would be in the interests of the prevention or detection of serious crime in the Territory.

(3) In this regulation, “ responsible officer ” means a person in the service of the Crown or holding office under the Crown in the United Kingdom, acting in the course of that person’s duty.

Section 18A

In regulation 31A (exceptions relating to loans and credit arrangements) ...—

(a) in paragraph (2), for “paragraph 1(c)” substitute “paragraph 1(b)” ;

(b) in paragraph (3)(b)(i), for “United Kingdom” substitute “Territory” .

Section 18B

In regulation 31B (exceptions relating to insurance and reinsurance services) —

(a) in paragraph (1), for “United Kingdom”, in each place it occurs, substitute “Territory” ;

(b) in paragraph (1)(b) omit “diplomatic mission or”.

Section 18C

In regulation 31C(2) (trade: exceptions relating to mineral products for personal or humanitarian use), for “27K (supply and delivery of goods to places outside the UK)” substitute “27K (supply and delivery of goods to places outside the Territory)” .