Her Majesty, in exercise of the powers conferred on Her by section 63(3)(c) and (4) of the Sanctions and Anti-Money Laundering Act 2018( 1), is pleased, by and with the advice of Her Privy Council, to make the following Order:
(2) This Order extends to each British overseas territory listed in Schedule 1.
(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.
Modifications to be made in the extension of the Global Human Rights Sanctions Regulations 2020 to each British overseas territory listed in Schedule 1
1. In regulation 1 (citation and commencement)â€”
(a) in the heading, omit â€œand commencementâ€;
(b) omit paragraph (2).
2. In regulation 2 (interpretation)â€”
(a) the existing text becomes paragraph (1);
(b) in that paragraphâ€”
(i) in the appropriate places, insert the following definitionsâ€”
â€œâ€œauthorised officerâ€ means, in relation to the Territoryâ€”
(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 byâ€”
(i) regulation 27 (finance: powers to request information),
(ii) regulation 28 (finance: production of documents),
(iii) regulation 30 (disclosure of information), or
(iv) regulation 31A (search warrants), or
(d) any person acting under the authority of a person falling within any of paragraphs (a) to (c);â€;
â€œâ€œfinancial sanctions licenceâ€ means, in relation to the Territory, a licence issued by the Governor under regulation 20(1);â€;
â€œâ€œthe Governorâ€ is to be read in accordance with regulation 4A;â€;
â€œâ€œHer Majesty's forcesâ€ does not include a force of any country, other than the United Kingdom, that is a member of the Commonwealth;â€;
(ii) omit the definition of â€œTreasury licenceâ€;
(c) after that paragraph insertâ€”
â€œ(2) In the application of these Regulations to a particular British overseas territory, the expression â€œthe Territoryâ€ means that territory.â€
3. In regulation 3 (application of prohibitions and requirements outside the United Kingdom)â€”
(a) in the heading, for â€œUnited Kingdomâ€ substitute â€œTerritoryâ€;
(b) in paragraphs (1) and (4), for â€œUnited Kingdom personâ€ substitute â€œTerritory personâ€;
(c) in paragraphs (1), (4) and (7), for â€œUnited Kingdomâ€ substitute â€œTerritoryâ€;
(d) in paragraphs (2) and (5), after â€œin the territorial seaâ€ insert â€œof the Territoryâ€;
(e) in paragraphs (3) and (6), for â€œTreasury licenceâ€ substitute â€œfinancial sanctions licenceâ€;
(f) at the end, insertâ€”
â€œ(8) In this regulationâ€”
â€œterritorial sea of the Territoryâ€ 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;
â€œTerritory personâ€ means, in relation to the Territory, a person who isâ€”
(a) an individual ordinarily resident in the Territory who isâ€”
(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( 3) 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.â€
4. At the end of Part 1 (General), insertâ€”
â€œFunctions of the Governor
4A.â€”(1) In these Regulations, â€œthe Governorâ€ 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.â€
5. Omit regulation 5 (power to designate persons) (including the heading).
6. Omit regulation 6 (designation criteria) (including the heading).
7. For regulation 8 (notification and publicity where designation power used), substituteâ€”
â€œRequirement to publish a list of designated persons
8.â€”(1) Subject to paragraph (2), the Governor mustâ€”
(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, â€œdesignated personâ€ means any person for the time being designated by the Secretary of State under regulation 5 (as it has effect in the United Kingdom).â€
8. In regulation 9 (confidential information in certain cases where designation power used)â€”
(a) in the heading, omit â€œwhere designation power usedâ€;
(b) omit paragraph (1);
(c) in paragraph (2)(a), for â€œthat is to be treated as confidential in accordance with paragraph (1)â€ substitute â€œwhich the Secretary of State has specified is to be treated as confidential under regulation 9(1) (as it has effect in the United Kingdom)â€;
(d) omit paragraph (7).
9. In regulation 10 (meaning of â€œdesignated personâ€ in Part 3), for â€œunder regulation 5 for the purposes of regulations 11 to 15â€ substitute â€œfrom time to time by the Secretary of State under regulation 5 (as it has effect in the United Kingdom) for the purposes of regulations 11 to 15 (as they have effect in the United Kingdom)â€.
10. For regulation 17 (immigration) substituteâ€”
â€œ17.â€”(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 or remain in the Territory.
(2) 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 underâ€”
(a) the European Convention on Human Rights, or
(b) the Refugee Convention.
(3) Paragraph (1) is subject to regulation 24 (immigration directions).
(4) In this regulationâ€”
â€œthe European Convention on Human Rightsâ€ 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( 4);
â€œthe Refugee Conventionâ€ means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention( 5).â€
11. In regulation 18 (finance: exceptions from prohibitions)â€”
(a) omit paragraph (6);
(b) in paragraph (7), for the definition of â€œrelevant institutionâ€ substituteâ€”
â€œâ€œrelevant institutionâ€, 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( 6) if it had its registered office (or if it does not have one, its head office) in the United Kingdom.â€;
(c) omit paragraph (8).
12. For regulation 19 (exception for acts done for purposes of national security or prevention of serious crime), substituteâ€”
â€œ19.â€”(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), that prohibition does not apply to the act if the act is one whichâ€”
(a) a responsible officer has determined would be in the interests ofâ€”
(i) national security, or