The Sanctions (Overseas Territories) (Amendment) Order 2020

• Citation: S.I. 2020/1582
• Sections: 3

Section 1 Citation, commencement and extent

(1) This Order may be cited as the Sanctions (Overseas Territories) (Amendment) Order 2020 and comes into force immediately after the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 3) Regulations 2020 have come into force in the United Kingdom.

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

Section 2 Amendment of the Global Human Rights Sanctions (Overseas Territories) Order 2020

(1) The Global Human Rights Sanctions (Overseas Territories) Order 2020 is amended as follows.

(2) In Schedule 2 (modifications to be made in the extension of the Global Human Rights Sanctions Regulations 2020 to each British overseas territory listed in Schedule 1)—

(a) in paragraph 8—

(i) for sub-paragraph (d) substitute—

(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)”;

(ii) after sub-paragraph (d) insert—

(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.

(b) for paragraph 10 substitute—

(10) For regulation 17 (immigration) substitute—

(17)

(1) A person who is designated from time to time by the Secretary of State under regulation 5 (as it has effect in the United Kingdom) for the purposes of regulation 17 (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 24 (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 4th November 1950 and the Protocols to the Convention ;

“ the Refugee Convention ” means the Convention relating to the Status of Refugees done at Geneva on 28th 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.

(c) for paragraph 17 substitute—

(17) For regulation 24 (section 8B(1) to (3) of the Immigration Act 1971: directions) substitute—

Immigration directions

(24)

(1) The Governor may, with the consent of the Secretary of State, direct that, in relation to any person falling within regulation 17 (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 3 Amendment of the Lebanon (Sanctions) (Overseas Territories) Order 2020

(1) The Lebanon (Sanctions) (Overseas Territories) Order 2020 is amended as follows.

(2) In Schedule 2 (modifications to be made in the extension of the Lebanon (Sanctions) (EU Exit) Regulations 2020 to each British overseas territory listed in Schedule 1)—

(a) in paragraph 2(b)(i), for the inserted definition of “authorised officer” substitute—

“ 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 19 (information powers),

regulation 21 (general trade licences: inspection of records),

regulation 22 (disclosure of information),

regulation 23A (suspected ships, aircraft or vehicles), or

regulation 23B (search warrants), or

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

(b) for paragraph 7 substitute—

(7) In regulation 7 (export of military 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, Lebanon (as the case may be).

(c) for paragraph 16 substitute—

(16) In regulation 21 (general trade licences: inspection of records)—

(a) in paragraph (1), for “A person authorised by the Secretary of State or the Commissioners (an “official”)” substitute “An authorised officer”;

(b) in paragraphs (2) to (5), for “official”, in each place it occurs, substitute “authorised officer”;

(c) in paragraph (5)(a), for “official’s functions” substitute “authorised officer’s functions”.

(d) for paragraph 30 substitute—

(30) In regulation 33 (maritime enforcement officers)—

(a) in paragraph (1)—

(i) omit sub-paragraphs (b), (d), (e), (f) and (h);

(ii) for sub-paragraph (c) substitute—

(c) a police officer of the Territory;

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

(g) a customs officer of the Territory.

(b) omit paragraph (2).