The Iran (Sanctions) (Human Rights) (Overseas Territories) Order 2020

JurisdictionUK Non-devolved
CitationSI 2020/1598

2020 No. 1598

Overseas Territories

Sanctions

The Iran (Sanctions) (Human Rights) (Overseas Territories) Order 2020

Made 16th December 2020

Coming into force in accordance with article 1(1)

At the Court at Windsor Castle, the 16th day of December 2020

Present,

The Queen’s Most Excellent Majesty in Council

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 20181, is pleased, by and with the advice of Her Privy Council, to make the following Order:

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) This Order may be cited as the Iran (Sanctions) (Human Rights) (Overseas Territories) Order 2020 and comes into force immediately after both the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 20202and the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 4) Regulations 20203have come into force in the United Kingdom.

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

S-2 Extension of the Iran (Sanctions) (Human Rights) (EU Exit) Regulations 2019

Extension of the Iran (Sanctions) (Human Rights) (EU Exit) Regulations 2019

2. The Iran (Sanctions) (Human Rights) (EU Exit) Regulations 20194as amended from time to time extend to each British overseas territory listed in Schedule 1 with the modifications specified in Schedule 2.

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

Extension of the Sanctions and Anti-Money Laundering Act 2018

3. 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 Iran (Sanctions) (Human Rights) (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.

Richard Tilbrook

Clerk of the Privy Council

SCHEDULE 1

Article 1(2)

British overseas territories

Anguilla

British Antarctic Territory

British Indian Ocean Territory

Cayman Islands

Falkland Islands

Montserrat

Pitcairn, Henderson, Ducie and Oeno Islands

St Helena, Ascension and Tristan da Cunha

South Georgia and the South Sandwich Islands

The Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus

Turks and Caicos Islands

Virgin Islands

SCHEDULE 2

Article 2

Modifications to be made in the extension of the Iran (Sanctions) (Human Rights) (EU Exit) Regulations 2019 to each British overseas territory listed in Schedule 1

SCH-2.1

1 In regulation 1 (citation and commencement)—

SCH-2.a

a in the heading, omit “and commencement”;

SCH-2.b

b omit paragraph (2).

SCH-2.2

2 In regulation 2 (interpretation)—

SCH-2.a

a the existing text becomes paragraph (1);

SCH-2.b

b in that paragraph—

SCH-2.i

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 43 (finance: powers to request information),

(ii) regulation 44 (finance: production of documents),

(iii) regulation 46 (trade: information powers),

(iv) regulation 48 (general trade licences: inspection of records),

(v) regulation 49 (disclosure of information),

(vi) regulation 50A (suspected ships, aircraft or vehicles), or

(vii) regulation 50B (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 35(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 19815is 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.”;

SCH-2.ii

ii omit the definitions of—

SCH-2.aa

aa “the Commissioners”,

SCH-2.bb

bb “Treasury licence”, and

SCH-2.cc

cc “United Kingdom person”;

SCH-2.c

c after that paragraph insert—

SCH-2.2

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

SCH-2.3

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

SCH-2.a

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

SCH-2.b

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

SCH-2.c

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

SCH-2.d

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

SCH-2.e

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

SCH-2.4

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

SCH-2.5

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

SCH-2.4A

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.”

SCH-2.6

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

SCH-2.7

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

SCH-2.8

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

SCH-2.8

Requirement to publish a list of designated persons

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

(a)

(a) publish a list of designated persons, and

(b)

(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).”

SCH-2.9

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

SCH-2.a

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

SCH-2.b

b omit paragraph (1);

SCH-2.c

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)”;

SCH-2.d

d in paragraph (7)—

SCH-2.i

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

SCH-2.ii

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

SCH-2.e

e at the end insert—

SCH-2.9

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 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...

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