SCHEDULE
Article 2
Modifications to be made in the extension of the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019 to the Isle of Man
1. In regulation 1 (citation and commencement)—
(a) in the heading, omit “and commencement”;
(b) omit paragraph (2).
2. In regulation 2 (interpretation)—
(a) in paragraph (1)—
(i) omit the definition of “the Amendment Regulations 2021”;
(ii) for the definition of “CEMA” substitute—
““” means the Customs and Excise Management Act 1986 (of Tynwald)4;”;
(iii) omit the definition of “the Commissioners”;
(iv) in the definition of “the Dual-Use Regulation”, after “dual-use items” insert5;
(v) in the definition of “the EU Belarus Regulation”, for “as it has effect in EU law”, substitute ;
(vi) omit the definitions of “serious human rights violation or abuse” and “United Kingdom person”;
(vii) in the appropriate place, insert—
““” means the Department of Home Affairs of the Isle of Man established under section 1 of the Government Departments Act 1987 (of Tynwald)6;”;
““” means the Export Control Order 2008, as it has effect in the Isle of Man from time to time7;”;
““” means a person who is—
(a) an individual ordinarily resident in the Isle of Man 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 19818is 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 the Isle of Man;”;
““” means the territorial sea adjacent to the Isle of Man;”;
““” has the meaning given in the Interpretation Act 2015 (of Tynwald);”;
(b) after paragraph (2) insert—
“3 In these Regulations, all references to Manx legislation (within the meaning of section 9 of the Interpretation Act 2015 (of Tynwald)) are to be construed as references to that legislation as amended from time to time.”
3. In regulation 3 (application of prohibitions and requirements outside the United Kingdom)—
(a) in the heading, for “United Kingdom” substitute ;
(b) in paragraphs (1) and (4), for “A United Kingdom person” substitute ;
(c) in paragraphs (1), (4) and (7), for “United Kingdom” substitute ;
(d) in paragraphs (2) and (5), after “in the territorial sea” insert ;
(e) in paragraph (5), for “(direction by air traffic control to operator or pilot of Belarusian aircraft)” substitute .
4. Omit regulation 5 (power to designate persons) (including the heading).
5. Omit regulation 6 (designation criteria) (including the heading).
6. 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 Treasury 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 Treasury must not include in the list under paragraph (1) any details of that designation, variation or revocation.
(3) The Treasury may publish the list under paragraph (1) in any form the Treasury considers appropriate, including by means of a website.
(4) For the purpose of this regulation, “” means any person for the time being designated by the Secretary of State under regulation 5 (as it has effect in the United Kingdom).”
7. 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 ;
(d) in paragraph (4)(c), for “enactment” substitute ;
(e) for paragraph (7), substitute—
“7 The High Court of Justice of the Isle of Man may, on the application of—
(a) the person who is the subject of the information,
(b) the Treasury, or
(c) the Secretary of State,
grant an injunction to prevent a breach of the prohibition in paragraph (2).”
(f) omit paragraph (8).
8. In regulation 10 (meaning of “” in Part 3), for “under regulation 5 for the purposes of regulations 11 to 15” substitute .
9. In regulations 15A (dealing with transferable securities or money-market instruments), 15B (loans and credit arrangements) and 15C (insurance and reinsurance services), for “the Amendment Regulations 2021 come into force”, in each place it occurs, substitute .
10. In regulation 15D (interpretation of terms relating to other financial restrictions)—
(a) for the definition of “credit or financial institution” substitute—
““” means a person, other than an individual, which is domiciled in Belarus which, if they were acting in the Isle of Man, would be—
(a) carrying on a regulated activity within the meaning of the Financial Services Act 2008 (of Tynwald)9;
(b) carrying on insurance business, acting as an insurance intermediary or acting as an insurance manager within the meaning of the Insurance Act 2008 (of Tynwald)10;
(c) acting as a trustee or an administrator of a retirement benefits scheme within the meaning of the Retirement Benefits Schemes Act 2000 (of Tynwald)11;
(d) carrying on the business of lending money within the meaning of the Moneylenders Act 1991 (of Tynwald)12;”;
(b) for the definition of “non-UK country” substitute—
““” means a country that is not the Isle of Man;”; and
(c) in the definition of “relevant person” for “non-UK country” substitute .
11. For regulation 17 (immigration) substitute—
“17. A person who is designated from time to time by the Secretary of State under regulation 5 (designation of persons) (as it has effect in the United Kingdom) for the purposes of regulation 17 (immigration) (as it has effect in the United Kingdom) is an excluded person for the purposes of section 8B of the Immigration Act 197113(as it has effect in the Isle of Man).”
12. In regulation 19A (definition of “interception and monitoring services”), in the definitions of “wireless telegraphy” and “wireless telegraphy apparatus” in paragraph (7), after “Wireless Telegraphy Act 2006” insert 14.
13. In regulation 20 (interpretation of other expressions used in this Part)—
(a) for paragraph (1) substitute—
“1 For the purposes of this Part—
(a) “” means export from the Isle of Man,
(b) goods removed to the United Kingdom from the Isle of Man are not to be regarded as exported, and
(c) goods transported out of the Isle of Man by aircraft or ship as stores within the meaning of CEMA (see section 184(1) and (4) of that Act) are to be regarded as exported.
1A For the purposes of this Part—
(a) “” means import into the Isle of Man, and
(b) goods removed to the Isle of Man from the United Kingdom are not to be regarded as imported.
1B Paragraph 36 of Schedule 1 to the Act (trade sanctions) applies for the purpose of interpreting expressions in this Part.”
(b) for paragraph (2) substitute—
“2 In this Part, any reference to the Isle of Man includes a reference to the territorial sea of the Isle of Man.”
14. In regulation 27 (brokering services: non-UK activity relating to restricted goods and restricted technology)—
(a) in...
