The Russia (Sanctions) (Overseas Territories) Order 2020

• Citation: S.I. 2020/1571
• Sections: 187

Section 1 Citation, commencement and extent

(1) This Order may be cited as the Russia (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 Russia (Sanctions) (EU Exit) Regulations 2019

The Russia (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 Russia (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 paragraphs (2) and (3).

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) a member of Her Majesty's forces in the Territory,

(b) a police or customs officer of the Territory,

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

(i) regulation 72 (finance: powers to request information),

(ii) regulation 73 (finance: production of documents),

(iii) regulation 75 (trade: information powers),

(iv) regulation 77 (general trade licences: inspection of records),

(v) regulation 78 (disclosure of information),

(vi) regulation 79A (suspected ships, aircraft or vehicles),

(via) regulation 78A (finance: disclosure to the Governor), or

(vii) regulation 79B (search warrants), or

(d) 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 64(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—

(a) an aircraft registered in the Territory, or

(b) 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—

(a) an individual ordinarily resident in the Territory who is—

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

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

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

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

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

(a) a ship registered in the Territory, or

(b) 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”;

(iii) in the definition of “working day”, for paragraph (c), substitute—

(c) a day which is a public holiday in the Territory.

(c) after that paragraph insert—

(2) 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) in paragraph (3)(da), for “regulation 57L(6) (disclosure of confidential information)” substitute “regulation 57L(7) (disclosure of confidential information)” ;

(g) in paragraph (5), for “regulation 57J(3) (direction by air traffic control to operator or pilot of Russian aircraft)” substitute “regulation 57J(3)(a) or (b) (certain directions by air traffic control to operator or pilot of Russian aircraft)” .

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 7

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

Section 7A

Omit regulation 6A (conditions for the designation of persons by description) (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 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 ”) substitute—

(10) In this Chapter, 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 11

In regulation 16 (dealing with transferable securities or money-market instruments)—

(a) in paragraph (2)(b)(i) and paragraph (4)(b)(i), for “non-UK country” substitute “ non-Territory country ” ;

(aa) in paragraph (4B)—

(i) for “1st March 2022” substitute “14th April 2022” ;

(ii) in sub-paragraph (a)(i), for “United Kingdom” substitute “Territory” ;

(b) in paragraph (10), for the definition of “non-UK country”, substitute—

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

Section 12

In regulation 17 (loans and credit arrangements), in paragraph (5)—

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

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

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) in the definition of “category 1 loan”—

(i) in paragraph (b)(ii)(aa), for “non-UK country” substitute “non-Territory country” ;

(ii) in paragraph (c), for “IP completion day” substitute “Part 3 first came into force” ;

(e) in the definition of “category 2 loan”—

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

(ii) in paragraph (c), for “1st March 2022” substitute “14th April 2022” .

Section 12A

In regulation 17A (correspondent banking relationships and processing payments )—

(a) in paragraph (1)—

(i) for “UK credit or financial institution”, in both places it occurs, substitute “Territory credit or financial institution” ;

(ii) in sub-paragraph (c), for “non-UK credit or financial institution” substitute “non-Territory credit or financial institution” ;

(b) in paragraph (2)—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) in sub-paragraph (b), for “UK credit or financial institution” substitute “Territory credit or financial institution” ;

(iii) in sub-paragraph (c), for “non-UK credit or financial institution” substitute “non-Territory credit or financial institution” ;

(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) in paragraph (6)—

(i) for the definition of “designated person” substitute—

“ 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 regulation 17A (correspondent banking relationships etc.)(as it has effect in the United Kingdom);

(ii) at the appropriate place insert—

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

...

(iii) for the definition of “non-UK credit or financial institution” substitute—

“ non-Territory credit or financial institution ” means—

a person, other than an individual, domiciled in a non-Territory country which would satisfy the threshold conditions for permission under Part 4A of the Financial Services and Markets Act 2000 (permission to carry on regulated activities) if it had its registered office (or if it does not have one, its head office) in the United Kingdom, or

an undertaking, other than a Territory credit or financial institution, which by way of business—

operates a currency exchange office,

transmits money (or any representation of monetary value) by any means, or

cashes cheques that are made payable to customers;

(iv) for the definition of “UK credit or financial institution” substitute—

“ Territory credit or financial institution ” means—

a person, other than an individual, domiciled in the Territory which would satisfy the threshold conditions for permission under Part 4A of the Financial Services and Markets Act 2000 (permission to carry on regulated activities) if it had its registered office (or if it does not have one, its head office) in the United Kingdom, or

an undertaking domiciled in the Territory which by way of business—

operates a currency exchange office,

transmits money (or any representation of monetary value) by any means, or

cashes cheques that are made payable to customers.

Section 12B

In regulation 19A (interpretation of Part 3)—

(a) in paragraph (1)—

(i) for the definition of “credit or financial institution” substitute—

“ credit or financial institution ” means a Territory credit or financial institution or a non-Territory credit or financial institution;

(ii) in the definition of “Government of Russia”, after “regulation 6” insert “(as it has effect in the United Kingdom)” ;

(b) in paragraph (3)—

(i) in sub-paragraph (a), for “non-UK credit or financial institution” substitute “non-Territory credit or financial institution” ;

(ii) in sub-paragraph (b), for “UK credit or financial institution” substitute “Territory credit or financial institution” .

Section 12AA

In regulation 18C (trust services), in paragraph (7) for the definition of “designated person” substitute—

“ 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 regulation 18C (trust services)(as it has effect in the United Kingdom);

Section 13

For regulation 20 (immigration) substitute—

(20)

(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 20 (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 69 (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 14

In regulation 21 (interpretation of other expressions used in this Part)—

(a) in paragraph (4), for “Paragraphs 32 to 36” substitute “ Paragraphs 35 and 36 ” ;

(aa) after paragraph 4D insert—

(4E) 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.

(4F) For the purposes of this Part, “ import ” means import into the Territory.

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) for paragraph (5) substitute—

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

Section 15

In regulation 22 (export of restricted goods) , 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, Russia.

(4) A person who contravenes the prohibition in paragraph (1A) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1A) to show that the person did not know and had no reasonable cause to suspect that the export was for the placing on board of a Russian-flagged vessel.

Section 16

In regulation 23 (import of arms and related materiel), after paragraph (4) insert—

(4A) A person who contravenes a prohibition in paragraphs (1) or (2) commits an offence, but—

(a) 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 goods were consigned from Russia;

(b) it a defence for a person charged with the offence of contravening paragraph (2) to show that the person did not know and had no reasonable cause to suspect that the goods originated in Russia.

Section 17

In regulation 24 (supply and delivery of restricted goods) , in paragraph (4) for “United Kingdom, the Isle of Man” substitute “ Territory ” .

Section 18

In regulation 26 (transfer of restricted technology) , in paragraph (1)(c), for “United Kingdom”, in both places it occurs, substitute “ Territory ” .

Section 19

In regulation 29 (brokering services: non-UK activity relating to restricted goods and restricted technology) —

(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 Russia.

Section 20

In regulation 30 (enabling or facilitating military activities)—

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

(b) in paragraph (4), for the definition of “non-UK country” substitute—

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

Section 20A

For regulation 30B (export of relevant restricted goods), substitute—

(30B)

(1) The export of relevant restricted goods to, or for use in, non-government controlled Ukrainian territory, is prohibited.

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes the 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, non-government controlled Ukrainian territory.

Section 20B

In regulation 30C (supply and delivery of relevant restricted goods), in paragraph (4) for “United Kingdom or the Isle of Man” substitute “Territory” .

Section 21

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Section 22

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Section 23

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Section 24

In regulation 40 (export of energy-related goods), 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, Russia.

Section 25

In regulation 41 (supply and delivery of energy-related goods), in paragraph (4) for “United Kingdom, the Isle of Man” substitute “ Territory ” .

Section 26

In regulation 45 (brokering services: non-UK activity relating to energy-related goods ...)—

(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 Russia.

Section 26A

In regulation 46A (technical assistance relating to aircraft and ships), in paragraph (5) 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 regulation 46A (technical assistance relating to aircraft and ships)(as it has effect in the United Kingdom);

Section 26B

In regulation 46B (luxury goods)—

(a) after paragraph (3) insert—

(3A) A person who contravenes the 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, Russia.

(b) in paragraph (5), for “United Kingdom, the Isle of Man” substitute “Territory” .

Section 26C

In regulation 46D (import of iron and steel products), at the end insert—

(4) A person who contravenes a prohibition in paragraph (1) or (2) commits an offence, but—

(a) 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 products were consigned from Russia;

(b) it is a defence for a person charged with the offence of contravening paragraph (2) to show that the person did not know and had no reasonable cause to suspect that the products originated in Russia.

Section 26D

In regulation 46F (supply and delivery of iron and steel products), in paragraph (4), for “United Kingdom, the Isle of Man” substitute “Territory” .

Section 26E

In regulation 46L (banknotes), in paragraph (5)—

(a) omit the “and” after sub-paragraph (a);

(b) in sub-paragraph (b), at the end insert “; and” ;

(c) after sub-paragraph (b), insert—

(c) banknotes denominated in any official currency of the Territory.

Section 26F

In regulation 46N (jet fuel and fuel additives), in paragraph (5) for “United Kingdom, the Isle of Man” substitute “Territory” .

Section 26G

In regulation 46R (interpretation) for “United Kingdom, the Isle of Man” substitute “Territory” .

Section 26H

In regulation 46S (import of revenue generating goods), after paragraph (3), insert—

(4) A person who contravenes a prohibition in paragraph (1) or (2) commits an offence, but—

(a) 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 goods were consigned from Russia;

(b) it is a defence for a person charged with the offence of contravening paragraph (2) to show that the person did not know and had no reasonable cause to suspect that the goods originated in Russia.

Section 26I

In regulation 46T (acquisition of revenue generating goods), in paragraph (1) for “United Kingdom” substitute “Territory” .

Section 26J

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Section 26K

In regulation 46V (technical assistance relating to revenue generating goods), in paragraph (1) for “United Kingdom” ... substitute “Territory” .

Section 26L

In regulation 46W (financial services and funds relating to revenue generating goods), in paragraph (1) for “United Kingdom” ... substitute “Territory” .

Section 26M

In regulation 46Y (G7 dependency and further goods list goods), in paragraph (5) for “United Kingdom, the Isle of Man” substitute “Territory” .