The Syria (Sanctions) (Overseas Territories) Order 2020

• Citation: S.I. 2020/1580
• Sections: 86

Section 1 Citation, commencement and extent

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

The Syria (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 Syria (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—

...

“ 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 71 (finance: powers to request information),

regulation 72 (finance: production of documents),

regulation 76 (general trade licences: inspection of records),

regulation 77 (disclosure of information),

regulation 77A (finance: disclosure to the Governor),

regulation 78A (suspected ships, aircraft or vehicles), or

regulation 78B (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 61(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 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) 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”.

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 8

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

Requirement to publish a list of designated persons

(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 the Secretary of State under regulation 5 (power to designate persons) (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 10

For regulation 10 (meaning of “ designated person ” in Chapter 1 of 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 11

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Section 12

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Section 13

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Section 14

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Section 15

For regulation 24 (immigration) substitute—

(24)

(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 24 (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 68 (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 16

In regulation 27 (interpretation of other expressions used in Part 5)—

(a) for paragraph (1) substitute—

(1) 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.

(1A) Paragraphs 35 and 36 of Schedule 1 to the Act (trade sanctions) apply for the purpose of interpreting expressions in this Part.

(b) for paragraph (2) substitute—

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

Section 17

In regulation 29 (export prohibition), 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, Syria (as the case may be).

Section 18

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

Section 19

In regulation 35 (prohibitions relating to the associated provision of brokering services: non-UK activity)—

(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 Syria.

Section 20

In regulation 38 (transport of military goods, crude oil and petroleum products)—

(a) 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 Syria.

Section 21

In regulation 39 (transfer of military technology), for “United Kingdom”, in each place it occurs, substitute “Territory”.

Section 22

In regulation 40 (prohibitions relating to the associated provision of financial services and funds)—

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

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

Section 23

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Section 24

In regulation 42 (goods prohibitions relating to gold, precious metals or diamonds)—

(a) in paragraph (3) for “non-UK country”, 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 Syria.

Section 25

In regulation 45 (brokering services: non-UK activity relating to gold, precious metals or diamonds)—

(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 (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 Syria.

Section 26

In regulation 46 (luxury goods), in paragraph (6) for “United Kingdom, the Isle of Man” substitute “Territory”.

Section 27

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Section 28

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Section 29

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Section 30

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Section 31

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Section 32

In regulation 55 (asset-freeze etc: 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 32A

For regulation 55A (asset-freeze etc.: exception from prohibitions for required payments) substitute—

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

(55A)

(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 Chapter 1 of 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 33

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Section 34

In regulation 57 (exceptions relating to petroleum products)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in paragraph (5) for “ Treasury ” substitute “Governor”;

(ba) in paragraph (5A)(c), for “the British Red Cross” substitute “any branch of the British Red Cross in the Territory” ;

(c) in paragraph (7), in paragraph (a) of the definition of “relevant person”, after “of the Government of the United Kingdom” insert “or of the Territory” .

Section 35

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Section 36

For regulation 59A (exception for authorised conduct in a relevant country) substitute—

Exceptions for authorised conduct outside the Territory

(59A)

(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.) or Chapters 2 to 5 of Part 5 (Trade), the prohibition is not contravened if the conduct is authorised by a licence issued under regulation 61 (Treasury licences) (as it has effect in the United Kingdom) or regulation 62 (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 Chapters 2 to 5 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 37

For regulation 60 (exception for acts done for purposes of national security or prevention of serious crime), substitute—

(60)

(1) Where an act would, in the absence of this paragraph, be prohibited by regulation 9(2) (confidentiality) or any prohibition in Part 3 (Finance) or Part 5 (Trade), 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 8 (Information and records) or Part 10 (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 38

For regulation 61 (Treasury licences), substitute—

Financial sanctions licences

(61)

(1) The prohibitions in regulations 11 to 15 (asset-freeze etc.) ... do not apply to anything done under the authority of a licence issued by the Governor under this paragraph.

(2) The Governor may issue a financial sanctions licence only with the consent of the Secretary of State.

(3) The Governor may issue a financial sanctions licence which authorises acts by a particular person only where, in relation to acts which would otherwise be prohibited by regulations 11 to 15, the Governor considers that it is appropriate to issue the licence for a purpose set out in Part 2 of Schedule 6.

Section 39

In regulation 62 (trade licences)—

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

(b) in that paragraph, for “Secretary of State” substitute “Governor”;

(c) at the end insert—

(2) The Governor may issue a licence under paragraph (1) only with the consent of the Secretary of State.

Section 40

In regulation 63 (aircraft licences)—

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

(b) in that paragraph, for “Secretary of State” substitute “Governor”;

(c) at the end insert—

(2) The Governor may issue a licence under paragraph (1) only with the consent of the Secretary of State.

Section 41

In regulation 64 (licences: general provisions)—

(a) in paragraph (1), for “Treasury licences” substitute “financial sanctions licences”;

(b) in paragraph (5), after “a licence may” insert “, with the consent of the Secretary of State,”.

Section 42

In regulation 65 (finance: licensing offences), for “Treasury licence”, in both places it occurs, substitute “financial sanctions licence”.

Section 43

For regulation 68 (section 8B(1) to (3) of Immigration Act 1971: directions) substitute—

Immigration directions

(68)

(1) The Governor may, with the consent of the Secretary of State, direct that, in relation to any person falling within regulation 24 (immigration) whose name is specified, or who is of a specified description, that regulation has effect subject to specified exceptions.

(2) A direction under this regulation—

(a) may contain conditions;

(b) must be of a defined duration (and that duration may be expressed in any way, including, for example, being expressed in a way such that the direction ceases to have effect on, or within a specified period after, the occurrence of a specified event).

(3) The Governor may, with the consent of the Secretary of State, vary, revoke or suspend a direction under this regulation at any time.

(4) On the issue, variation, revocation or suspension of a direction under this regulation, the Governor may take such steps as the Governor considers appropriate to publicise the issue, variation, revocation or suspension of the direction.

(5) In this regulation, “ specified ” means specified in a direction under this regulation.

Section 44

In regulation 69 (finance: reporting obligations)—

(a) for “Treasury”, in each place it occurs, substitute “Governor”;

(b) for paragraph (5) substitute—

(5) A relevant institution must inform the Governor without delay if that institution credits a frozen account in accordance with regulation 55(4) (asset-freeze etc: exceptions from prohibitions).

Section 44A

In regulation 69A (finance: reporting obligations for required payments)—

(a) in paragraphs (1), (2) and (3), for “Treasury” substitute “Governor” ;

(b) in paragraph (5), for “55A(8)”, in both places it occurs, substitute “55A(7)” .