| Jurisdiction | UK Non-devolved |
| Citation | SI 2020/1591 |
| Year | 2020 |
2020 No. 1591
Overseas Territories
Sanctions
The Mali (Sanctions) (Overseas Territories) Order 2020
Made 16th December 2020
Laid before Parliament 23th 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
Under Article 41 of the Charter of the United Nations the Security Council of the United Nations has, by a resolution adopted on 5th September 2017, called upon Her Majesty’s Government in the United Kingdom to apply certain measures to give effect to decisions of that Council in relation to Mali1:
Her Majesty, in exercise of the powers conferred on Her by section 1 of the United Nations Act 19462and section 63(3)(c) and (4) of the Sanctions and Anti-Money Laundering Act 20183, is pleased, by and with the advice of Her Privy Council, to make the following Order:
Citation, commencement and extent
1.—(1) This Order may be cited as the Mali (Sanctions) (Overseas Territories) Order 2020 and comes into force immediately after the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 5) Regulations 20204have come into force in the United Kingdom.
(2) This Order extends to each British overseas territory listed in Schedule 1.
Extension of the Mali (Sanctions) (EU Exit) Regulations 2020
2. The Mali (Sanctions) (EU Exit) Regulations 20205as amended from time to time extend to each British overseas territory listed in Schedule 1 with the modifications specified in Schedule 2.
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 Mali (Sanctions) (EU Exit) Regulations 2020 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.
Exclusion of UN designated persons from the Territory
4.—(1) A person who is for the time being named for the purposes of paragraph 1 of resolution 2374 by the Security Council or the Committee must not enter, transit or remain in the Territory.
(2) Paragraph (1) does not apply to a person who—
(a)
(a) belongs to the Territory, or
(b)
(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—
(a)
(a) the application of that paragraph to that person would be contrary to the United Kingdom’s obligations under—
(i) the European Convention on Human Rights, or
(ii) the Refugee Convention, or
(b)
(b) the person has been exempted from the application of paragraph (1) under a process applying by virtue of a resolution adopted by the Security Council.
(4) The Governor may, with the consent of the Secretary of State, direct that, in relation to any person falling within paragraph (1) whose name is specified, or who is of a specified description, that paragraph has effect subject to specified exceptions.
(5) A direction under this article—
(a)
(a) may contain conditions;
(b)
(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).
(6) The Governor may, with the consent of the Secretary of State, vary, revoke or suspend a direction under this article at any time.
(7) On the issue, variation, revocation or suspension of a direction under this article, the Governor may take such steps as the Governor considers appropriate to publicise the issue, variation, revocation or suspension of the direction.
(8) 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 this article to any person, or class or description of persons, and any references in this article to the Governor are to be construed accordingly.
(9) In the exercise of any power conferred on the Governor by this article, the Governor is to act in their discretion.
(10) In the application of this article to a particular British overseas territory, the expression “the Territory” means that territory.
(11) For the purposes of this article, a person (“P”) belongs to the Territory if—
(a)
(a) in respect of Anguilla, P is an Anguillian (within the meaning given to that term in the law of Anguilla);
(b)
(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)
(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)
(d) in respect of Montserrat, P is a Montserratian (within the meaning given to that term in the law of Montserrat);
(e)
(e) in respect of Pitcairn, P has the right of abode in Pitcairn under the law of Pitcairn;
(f)
(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)
(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)
(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)
(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).
(12) In this article—
“the Committee” means the Committee of the Security Council established in accordance with paragraph 9 of resolution 2374;
“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 Convention6;
“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;
“Pitcairn” means Pitcairn, Henderson, Ducie and Oeno Islands;
“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention7;
“resolution 2374” means resolution 2374 (2017) adopted by the Security Council on 5 September 2017;
“Security Council” means the Security Council of the United Nations;
“the Sovereign Base Areas” means the Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus;
“specified” means specified in a direction under this article.
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 Mali (Sanctions) (EU Exit) Regulations 2020 to each British overseas territory listed in Schedule 1
1 In regulation 1 (citation and commencement)—
a in the heading, omit “and commencement”;
b omit paragraph (2).
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) 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 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);”;
““financial sanctions licence” means, in relation to the Territory, a licence issued by the Governor under regulation 22(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.”;
ii omit the definitions of—
aa “Treasury licence”, and
bb “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.”
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...
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