This Statutory Instrument corrects an error in S.I. 2023/1367and is being issued free of charge to all known recipients of that Statutory Instrument.

Regulations made by the Secretary of State, laid before Parliament under section 55(3) of the Sanctions and Anti-Money Laundering Act 2018, for approval by resolution of each House of Parliament within twenty-eight days beginning with the first day on which any provision of the Regulations comes into force (as provided for in section 56(5) of that Act), subject to extension for periods of dissolution, prorogation or adjournment for more than four days.

Statutory Instruments

2024 No. 643

Sanctions

The Sanctions (EU Exit) (Miscellaneous Amendments and Revocations) Regulations 2024

Made

14th May 2024

Laid before Parliament

15th May 2024

Coming into force

16th May 2024

The Secretary of State( 1), considering that the condition in section 45(2) of the Sanctions and Anti-Money Laundering Act 2018( 2) is met, makes the following Regulations in exercise of the powers conferred by sections 1( 3), 3A(1)( 4), 5, 10(2), 15(2)(b)( 5) and (3A), 16, 17( 6), 17A( 7), 45 and 54(1)(a) and (2) of, and paragraphs 2 to 7, 11, 13, 14 and 17 of Schedule 1 to, the Sanctions and Anti-Money Laundering Act 2018.

PART 1 Introductory

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Sanctions (EU Exit) (Miscellaneous Amendments and Revocations) Regulations 2024.

(2) These Regulations come into force on 16th May 2024.

(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.

PART 2 Amendment of Sanctions Regulations

Amendment of the Venezuela (Sanctions) (EU Exit) Regulations 2019

2.—(1) The Venezuela (Sanctions) (EU Exit) Regulations 2019( 8) are amended as follows.

(2) In regulation 2 (interpretation), in the appropriate place insert—

““ director disqualification licence ” means a licence under regulation 35A; ”.

(3) In regulation 5(1) (power to designate persons)—

(a) omit “and” following sub-paragraph (a),

(b) after sub-paragraph (a) insert—

“(aa) regulation 16A (Director disqualification sanctions); ”.

(4) After regulation 16 (circumventing etc prohibitions), insert—

“PART 3A Director disqualification sanctions

Director disqualification sanctions

16A. A person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation is a person subject to director disqualification sanctions for the purposes of—

(a) section 11A of the Company Directors Disqualification Act 1986( 9) , and

(b) Article 15A of the Company Directors Disqualification (Northern Ireland) Order 2002( 10) . ”.

(5) After regulation 35 (Treasury licences), insert—

“Director disqualification licences

35A. The Secretary of State may issue a licence in relation to any person who is designated under regulation 5 for the purposes of regulation 16A (director disqualification sanctions) providing that the prohibitions in—

(a) section 11A(1) of the Company Directors Disqualification Act 1986, and

(b) Article 15A(1) of the Company Directors Disqualification (Northern Ireland) Order 2002,

do not apply to anything done under the authority of that licence. ”.

(6) In regulation 37(1) (licences: general provisions), after “Treasury licences” insert “, director disqualification licences”.

(7) After regulation 38 (finance: licensing offences), insert—

“Director disqualification: licensing offences

38A.— (1) A person (“ P ”) commits an offence if P knowingly or recklessly—

(a) provides information that is false in a material respect, or

(b) provides or produces a document that is not what it purports to be,

for the purpose of obtaining a director disqualification licence (whether for P or anyone else).

(2) A person who purports to act under the authority of a director disqualification licence but who fails to comply with any condition of the licence commits an offence.

(3) A licence in respect of which an offence under paragraph (1) has been committed is to be treated as void from the time at which it was issued. ”.

(8) In regulation 49(1)(b)(i) (disclosure of information), after “Part 3 (Finance),” insert “Part 3A (Director disqualification sanctions),”.

(9) In regulation 51(3) (penalties for offences), in the opening words, after “9(6) (confidentiality),” insert “38A (director disqualification: licensing offences),”.

(10) In regulation 56 (trade enforcement: application of CEMA), after paragraph (3), insert—

“(3A) The Commissioners( 11) may not investigate the suspected commission of a relevant offence( 12) listed in paragraph (3B), (3C) or (3D) unless the suspected offence has been the subject of—

(a) a referral to the Commissioners by the Secretary of State, or

(b) a decision by the Commissioners to treat the suspected offence as if it had been referred to them under sub-paragraph (a).

(3B) Paragraph (3A) applies to the suspected commission of an offence under regulation 30(4) (provision of military-related services).

(3C) Paragraph (3A) also applies to the suspected commission of a relevant offence under any of regulations 39(1), 39(2), 47(6) and 48(5) insofar as—

(a) the suspected offence relates to a licence issued under regulation 36 (trade licences), and

(b) the prohibited activity authorised by that licence would, if no licence had been issued, amount to an offence specified in paragraph (3B).

(3D) Paragraph (3A) also applies to the suspected commission of a relevant offence under regulation 31(2) (circumventing etc prohibitions), insofar as the prohibited activity to which the suspected offence relates is the circumvention of, or enabling or facilitation of a contravention of, a prohibition in relation to an offence specified in paragraph (3B). ”.

Amendment of the Republic of Guinea-Bissau (Sanctions) (EU Exit) Regulations 2019

3.—(1) The Republic of Guinea-Bissau (Sanctions) (EU Exit) Regulations 2019( 13) are amended as follows.

(2) In regulation 2 (interpretation), in the appropriate place insert—

““ director disqualification licence ” means a licence under regulation 20A; ”.

(3) In regulation 5(1) (power to designate persons)—

(a) omit “and” following sub-paragraph (a);

(b) after sub-paragraph (a) insert—

“(aa) regulation 16A (Director disqualification sanctions); ”.

(4) After regulation 16 (circumventing etc prohibitions), insert—

“PART 3A Director disqualification sanctions

Director disqualification sanctions

16A. A person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation is a person subject to director disqualification sanctions for the purposes of—

(a) section 11A of the Company Directors Disqualification Act 1986, and

(b) Article 15A of the Company Directors Disqualification (Northern Ireland) Order 2002. ”.

(5) After regulation 20 (Treasury licences), insert—

“Director disqualification licences

20A. The Secretary of State may issue a licence in relation to any person who is designated under regulation 5 for the purposes of regulation 16A (director disqualification sanctions) providing that the prohibitions in—

(a) section 11A(1) of the Company Directors Disqualification Act 1986, and

(b) Article 15A(1) of the Company Directors Disqualification (Northern Ireland) Order 2002,

do not apply to anything done under the authority of that licence. ”.

(6) In regulation 21(1) (licences: general provisions), after “Treasury licences” insert “and director disqualification licences”.

(7) After regulation 22 (finance: licensing offences), insert—

“Director disqualification: licensing offences

22A.— (1) A person (“ P ”) commits an offence if P knowingly or recklessly—

(a) provides information that is false in a material respect, or

(b) provides or produces a document that is not what it purports to be,

for the purpose of obtaining a director disqualification licence (whether for P or anyone else).

(2) A person who purports to act under the authority of a director disqualification licence but who fails to comply with any condition of the licence commits an offence.

(3) A licence in respect of which an offence under paragraph (1) has been committed is to be treated as void from the time at which it was issued. ”.

(8) In regulation 29(1)(b)(i) (disclosure of information), for “or Part 3 (Finance),” substitute “, Part 3 (Finance) or Part 3A (Director disqualification sanctions)”.

(9) In regulation 31(3) (penalties for offences), after “under regulation” insert “22A (director disqualification: licensing offences),”.

Amendment of the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019

4.—(1) The Republic of Belarus (Sanctions) (EU Exit) Regulations 2019( 14) are amended as follows.

(2) In regulation 2 (interpretation), in the appropriate place insert—

““ director disqualification licence ” means a licence under regulation 32A; ”.

(3) In regulation 5(1) (power to designate persons)—

(a) omit “and” following sub-paragraph (a);

(b) after sub-paragraph (a) insert—

“(aa) regulation 16A (Director disqualification sanctions); ”.

(4) After regulation 16 (circumventing etc prohibitions), insert—

“PART 3A Director disqualification sanctions

Director disqualification sanctions

16A. A person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation is subject to director disqualification sanctions for the purposes of—

(a) section 11A of the Company Directors Disqualification Act 1986, and

(b) Article 15A of the Company Directors Disqualification (Northern Ireland) Order 2002. ”.

(5) In regulation 20(3) (interpretation of other expressions used in this Part), before the entry for “banknotes” insert—

““ aluminium ” has the meaning given to it in Schedule 2B; ”.

(6) In regulation 27I (import of goods originating in, or consigned from, Belarus)—

(a) in paragraph (3), before sub-paragraph (a) insert—

“(za) aluminium; ”;

(b) in paragraph (5), for “and regulation 27J” substitute “, regulation 27J and regulation 27K”.

(7) In regulation 27J(2) (acquisition of goods connected to Belarus) before sub-paragraph (a) insert—

“(za) aluminium. ”.

(8) In regulation 27K(3) (supply and delivery of goods to places outside the UK), before sub-paragraph (a) insert—

“(za) aluminium; ”.

(9) In regulation 27L(1) (technical assistance relating to certain activities)—

(a) in sub-paragraph (a), for “or wood” substitute “, wood or aluminium”;

(b) in sub-paragraph (b), for “or wood” substitute “, wood or aluminium”;

(d) for sub-paragraph (d) substitute—

“(d) the direct or indirect supply or delivery of cement, gold and gold jewellery which has been exported from Belarus on or after the relevant day, mineral products, potash, relevant processed gold, rubber, wood or aluminium from a place in a non-UK country to a place in a different non-UK country where the cement, gold and gold jewellery which has been exported from Belarus on or after the relevant day, mineral products, potash, relevant processed gold, rubber, wood or aluminium, originate in Belarus ”.

(10) In regulation 27M(1) (financial services, funds and brokering services relating to certain activities)—

(a) in sub-paragraph (a), for “or wood” substitute “, wood or aluminium”;

(b) in sub-paragraph (b), for “or wood” substitute “, wood or aluminium”;

(d) for sub-paragraph (d) substitute—

(11) In regulation 31D (trade: exceptions relating to travellers, diplomatic missions and international organisations), in paragraph (4), after sub-paragraph (a) insert—

“(aa) “ immediate family member ” has the meaning given in regulation 6(4); ”.

(12) After regulation 32 (Treasury licences), insert—

“Director disqualification licences

32A. The Secretary of State may issue a licence in relation to any person who is designated under regulation 5 for the purposes of regulation 16A (director disqualification sanctions) providing that the prohibitions in—

(a) section 11A(1) of the Company Directors Disqualification Act 1986, and

(b) Article 15A(1) of the Company Directors Disqualification (Northern Ireland) Order 2002,

do not apply to anything done under the authority of that licence. ”.

(13) In regulation 34(1) (licences: general provisions), after “Treasury licences,” insert “director disqualification licences,”.

(14) After regulation 35 (finance: licensing offences), insert—

“Director disqualification: licensing offences

35A.— (1) A person (“ P ”) commits an offence if P knowingly or recklessly—

(a) provides information that is false in a material respect, or

(b) provides or produces a document that is not what it purports to be,

for the purpose of obtaining a director disqualification licence (whether for P or anyone else).

(2) A person who purports to act under the authority of a director disqualification licence but who fails to comply with any condition of the licence commits an offence.

(3) A licence in respect of which an offence under paragraph (1) has been committed is to be treated as void from the time at which it was issued. ”.

(15) After regulation 38 (finance: reporting obligations), insert—

“Designated persons: reporting obligations

38A.— (1) A designated person who is a United Kingdom person( 15) must, by the end of the period specified in paragraph (3) or (4) (as the case may be), inform the Treasury of —

(a) the nature and value of any funds or economic resources which that person owns, holds or controls in any jurisdiction, and

(b) the location of those funds or economic resources.

(2) A designated person who is not a United Kingdom person must, by the end of the period specified in paragraph (3) or (4) (as the case may be), inform the Treasury of —

(a) the nature and value of any funds or economic resources which that person owns, holds or controls in the United Kingdom, and

(b) the location of those funds or economic resources.

(3) Where a person is a designated person immediately before the day on which this regulation comes into force (“ the relevant day ”), the designated person must give the information in paragraph (1) or (2) (as the case may be) to the Treasury by the end of the period of 10 weeks starting on the relevant day.

(4) Where a person is not a designated person immediately before the relevant day but becomes a designated person on or after that day, the designated person must give the information in paragraph (1) or (2) (as the case may be) to the Treasury by the end of the period of 10 weeks starting on the day on which the person becomes a designated person.

(5) Where a designated person has provided information to the Treasury under paragraph (1) or (2), that person must inform the Treasury as soon as practicable of any change to the nature, value or location of the funds or economic resources.

(6) A person who—

(a) without reasonable excuse, refuses or fails to comply with the requirement in paragraph (1), (2) or (5) (as the case may be), or

(b) knowingly or recklessly, gives information under paragraph (1), (2) or (5) (as the case may be) which is false in a material particular,

commits an offence.

(7) In this regulation, “ designated person ” has the meaning given in regulation 10 (meaning of “ designated person ” in Part 3)( 16) . ”.

(16) In regulation 46(1)(b)(i) (disclosure of information), after “Part 3 (Finance),” insert “Part 3A (Director disqualification sanctions),”.

(17) In regulation 48 (penalties for offences)—

(a) in paragraph (3), in the opening words, after “9(6) (confidentiality),” insert “35A (director disqualification: licensing offences),”;

(b) in paragraph (4), in the opening words, after “38(6),” insert “38A(6) (designated persons: reporting obligations),”.

(18) In regulation 53 (trade enforcement: application of CEMA)—

(a) in paragraph (3A), for “(a “suspected offence”)”, substitute “, (3C) or (3D)”;

(b) in paragraph (3B)—

(i) in sub-paragraph (a), at the end insert “insofar as it does not relate to chemical and biological weapons-related goods, dual-use goods, interception and monitoring goods, internal repression goods, and military goods”;

(ii) after sub-paragraph (a) insert—

“(aa) regulation 23(3) insofar as it does not relate to the import or export of goods or the transfer of technology to or from the UK, to chemical and biological weapons-related goods and chemical and biological weapons-related technology, dual-use goods and dual-use technology, interception and monitoring goods and interception and monitoring technology, internal repression goods and internal repression technology, or military goods and military technology,

(ab) regulation 24(3) insofar as it does not relate to the import or export of goods or the transfer of technology to or from the UK, to chemical and biological weapons-related goods and chemical and biological weapons-related technology, dual-use goods and dual-use technology, interception and monitoring goods and interception and monitoring technology, internal repression goods and internal repression technology, or military goods and military technology, ”;

(iii) after sub-paragraph (b) insert—

“(ba) regulation 25(3) insofar as it does not relate to the import or export of goods or the transfer of technology to or from the UK, to chemical and biological weapons-related goods and chemical and biological weapons-related technology, dual-use goods and dual-use technology, interception and monitoring goods and interception and monitoring technology, internal repression goods and internal repression technology, or military goods and military technology,

(bb) regulation 26(5) insofar as it does not relate to the import or export of goods or the transfer of technology to or from the UK, to chemical and biological weapons-related goods and chemical and biological weapons-related technology, dual-use goods and dual-use technology, interception and monitoring goods and interception and monitoring technology, internal repression goods and internal repression technology, or military goods and military technology, ”;

(iv) in sub-paragraph (c), at the end insert—

“insofar as the offence does not relate to the import or export of goods or transfer of technology to or from the UK, chemical and biological weapons-related goods and chemical and biological weapons-related technology, dual-use goods and dual-use technology, interception and monitoring goods and interception and monitoring technology, internal repression goods and internal repression technology, or military goods and military technology ”;

(v) after sub-paragraph (c) insert—

“(ca) regulation 27J(5) insofar as the offence does not relate to the import or export of goods or arms and related materiel, ”;

(vi) in sub-paragraph (d), at the end insert “insofar as the offence does not relate to arms and related materiel”;

(vii) in sub-paragraph (e), for “insofar as it applies to the prohibitions at regulation 27L(1)(c) and (d)”, substitute “insofar as the offence does not relate to the import or export of goods”;

(viii) in sub-paragraph (f), “for insofar as it applies to the prohibitions at regulation 27M(1)(c) and (d)” substitute “insofar as the offence does not relate to the import or export of goods or the transfer of technology to or from the UK”;

(ix) in sub-paragraph (g), for “insofar as it applies to any activity prohibited under regulation 27M(2) which relates to arrangements described in sub-paragraphs 27M(1)(c) and (d)”, substitute “insofar as it does not relate to the import or export of goods or the transfer of technology to or from the UK”;

(x) after sub-paragraph (g) insert—

“(ga) regulation 27N(4), insofar as the offence does not relate to the import or export of goods or the transfer of technology to or from the UK,

(gb) regulation 27O(3), ”;

“(3D) Paragraph (3A) also applies to the suspected commission of a relevant offence under regulation 28(2) (circumventing etc prohibitions) insofar as the prohibited activity to which the suspected offence relates is the circumvention of, or enabling or facilitation of a contravention of, a prohibition in relation to an offence specified in paragraph (3B). ”;

(d) after paragraph (6) insert—

“(7) Any term in this regulation that is defined in Chapter 1 (Interpretation) of Part 5 (Trade) bears the same meaning as in that Chapter of that Part. ”.

(19) In regulation 56 (monetary penalties)( 17), after “of the Act” insert “, or regulation 38A (designated persons: reporting obligations)”.

(20) After regulation 56B (OFCOM: monetary penalties: procedural rights), insert—

“Treasury: power to impose monetary penalties

56C.— (1) The Treasury may impose a monetary penalty on a person if it is satisfied, on the balance of probabilities, that the person has committed an offence under regulation 38A(6) (designated persons: reporting obligations).

(2) For the purposes of paragraph (1), any requirement for the person to have acted without reasonable excuse, or with knowledge or recklessness, is to be ignored.

(3) The amount of the penalty under paragraph (1) is to be such amount as the Treasury may determine but it may not exceed the permitted maximum.

(4) Where it is possible to estimate the value of the funds or economic resources of which the Treasury has not been informed under regulation 38A(1), (2) or (5) (as the case may be), the permitted maximum is the greater of—

(a) £1,000,000, and

(b) 50% of the value of the funds or economic resources of which the Treasury has not been informed.

(5) In any other case, the permitted maximum is £1,000,000.

(6) Any monetary penalty payable under this regulation is recoverable by the Treasury as a civil debt.

(7) Any monetary penalty received by the Treasury by virtue of this regulation must be paid into the Consolidated Fund.

(8) The Treasury may publish reports at such intervals as it considers appropriate in cases where—

(a) a monetary penalty has not been imposed under this regulation, but

(b) the Treasury is satisfied, on the balance of probabilities, that a person has committed an offence under a provision referred to in paragraph (1).

Treasury monetary penalties: procedural rights

56D.— (1) Before imposing a monetary penalty on a person under regulation 56C (Treasury: power to impose monetary penalties), the Treasury must inform the person of its intention to do so.

(2) The Treasury must also—

(a) explain the grounds for imposing the penalty,

(b) specify the amount of the penalty,

(d) specify the period within which any such representations must be made.

(3) If (having considered any representations), the Treasury decides to impose the penalty, the Treasury must—

(a) inform the person of its decision,

(b) explain that the person is entitled to seek a review by a Minister of the Crown, and

(4) If the person seeks a review, the Minister may—

(a) uphold the decision to impose the penalty and its amount,

(b) uphold the decision to impose the penalty but substitute a different amount, or

(5) If on a review under paragraph (4) the Minister decides to uphold the Treasury’s decision to impose the penalty and its amount, or to uphold the Treasury’s decision to impose the penalty but to substitute a different amount, the person may appeal (on any ground) to the Upper Tribunal.

(6) On an appeal under paragraph (5), the Upper Tribunal may quash the Minister’s decision and if it does so may—

(a) quash the Treasury’s decision to impose the penalty,

(b) uphold that decision but substitute a different amount for the amount determined by the Treasury (or, in a case where the Minister substituted a different amount, by the Minister).

(7) In this regulation, “ Minister of the Crown ” means the holder of an office in His Majesty’s Government in the United Kingdom. ”.

(21) In Schedule 2B (iron and steel products, potash, mineral products, and tobacco industry goods)—

(a) in the heading, after “iron and steel products,”, insert “aluminium,”;

(b) in paragraph 2, before the entry for “potash”, insert—

““ aluminium ” means any thing which falls within commodity code 76; ”.

(22) In Schedule 2C (critical-industry goods and critical-industry technology)—

(a) in paragraph 1 (interpretation), after sub-paragraph (2) insert—

“(2A) In this Schedule a thing “falls within” a commodity code if it is, or would be, classified under that commodity code, as set out in the Goods Classification Table.

(2B) For the purposes of this Schedule—

“ commodity code ” includes a code denoting a heading or sub-heading;

“ the Goods Classification Table ” means the table so named in Annex Ⅰ in Part Three of the Tariff of the United Kingdom;

“ the Tariff of the United Kingdom ” means the document containing the legal classification and import rate for products being imported into the United Kingdom, entitled “The Tariff of the United Kingdom” as revised or reissued from time to time, including by any document published under regulations made under section 8(1) of the Taxation (Cross-border Trade) Act 2018( 18) replacing the same in whole or in part. ”.

(b) in Part 2 (Electronics), at the end insert—

“Any thing that falls within the following commodity codes—

Commodity Code	Description
8525.89	Television cameras, digital cameras and video camera recorders
8532.21	Other fixed capacitors: Tantalum capacitors
8532.24	Other fixed capacitors: Ceramic dielectric, multilayer
8534.00	Printed circuits
8536.69	Coaxial connectors; cylindrical multicontact connectors; rack and panel connectors; printed circuit connectors; ribbon or flat cable connectors; other
8536.90	Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits: Other apparatus
8541.10	Diodes, other than photosensitive or light-emitting diodes
8541.21	Transistors, other than photosensitive, with a dissipation rate of less than 1W
8541.29	Transistors, other than photosensitive, Nesoi
8541.30	Thyristors, diacs and triacs, other than photosensitive devices
8541.49	Photosensitive semiconductor devices: Other
8541.51	Semiconductor-based transducers
8541.59	Semiconductor devices, Nesoi
8541.60	Mounted piezoelectric crystals
8542.31	Electronic integrated circuits: Processors and controllers, whether or not combined with memories, convertors, logic circuits, amplifiers, clock and timing circuits, or other circuits
8542.32	Electronic integrated circuits: Memories
8542.33	Electronic integrated circuits: Amplifiers
8542.39	Electronic integrated circuits: Other
8543.20	Signal generators
9027.50	Other instruments and apparatus using optical radiations (ultraviolet, visible, infrared)
9030.20	Oscilloscopes, spectrum analyzers and other instruments and apparatus for measuring or checking electrical quantities: Oscilloscopes and oscillographs
9030.32	Other instruments and apparatus, for measuring or checking voltage, current, resistance or power: Multimeters, with a recording device
9030.39	Other instruments and apparatus, for measuring or checking voltage, current, resistance or power: Other, with a recording device
9030.82	Oscilloscopes, spectrum analyzers and other instruments and apparatus for measuring or checking electrical quantities: For measuring or checking semiconductor wafers or devices ”.

“Any thing falling within—

(a) a commodity code mentioned in column 1 of the following table, and

(b) the description in column 2 corresponding to that code.

Commodity Code	Description
9013.80	Other optical devices, appliances and instruments not elsewhere specified
9014.20	Instruments and appliances for aeronautical or space navigation (other than compasses)
9014.80	Other navigational instruments and appliances ”;

(d) in Part 8 (Aerospace and propulsion) before entry 9A990 insert—

“Any thing falling within—

(a) chapter 88,

(b) a commodity code mentioned in column 1 of the following table, and

Commodity Code	Description
2710 19 83	Hydraulic oils
2710 19 99	Other lubricating oils and other oils
ex 6813 20 00	Brake discs and pads
6813 81 00	Brake linings and pads
8411 11	Turbojets of a thrust <= 25 kn
8411 12	Turbojets of a thrust > 25 kn
8411 21	Turbopropellers of a power <= 1 100 kw
8411 22	Turbopropellers of a power > 1 100 kw
8411 91	Parts of turbojets or turbopropellers, n.e.s.
8517 71 00	Aerials and aerial reflectors of all kinds; parts suitable for use therewith
8517 79 00	Other parts
9024 10	Machines and appliances for testing the hardness, strength, compressibility, elasticity or other mechanical properties of materials: Machines and appliances for testing metals
9026	Instruments and apparatus for measuring or checking the flow, level, pressure or other variables of liquids or gases (for example, flow meters, level gauges, manometers, heat meters), excluding instruments and apparatus of heading 9014, 9015, 9028 or 9032 ”.

(23) In Schedule 2H (Chemical and biological weapons-related goods and chemical and biological weapons-related technology), in Part 2 (Chemical and biological weapons-related goods and chemical and biological weapons-related technology), in the table headed “Other related items”, in the entry for 1C991 (vaccines, immunotoxins, medical products, diagnostic and food testing kits)—

(a) in paragraph c.1—

(i) for “1C351.d.3”, substitute “1C351.d.1”;

(ii) for “1C351.d.6”, substitute “1C351.d.3”;

(b) in paragraph c.2—

(i) for “C351.d.3”, substitute “1C351.d.1”;

(ii) for “1C351.d.6”, substitute “1C351.d.3”;

(d) in paragraph d.2 for “1C351.d.6”, substitute “1C351.d.3”;

(e) in paragraph d.3—

(i) for “1C351.d.3”, substitute “1C351.d.1”;

(ii) for “1C351.d.6”, substitute “1C351.d.3”.

(24) In Schedule 2I (Machinery-related goods and machinery-related technology)—

(a) in the table in paragraph 2—

(i) after the entry for commodity code “8484” insert—

“8486.10	Machines and apparatus: For the manufacture of boules or wafers
8486.20	Machines and apparatus: For the manufacture of semiconductor devices or of electronic integrated circuits
8486.40	Machines and apparatus: For the manufacture or repair of masks and reticles; for assembling semiconductors devices; for lifting, handling, loading or unloading of semiconductor devices ”;

(ii) for the entry for commodity code “8548” substitute—

“8548

Electrical parts of machinery or apparatus, not specified or included elsewhere in chapter 85 ”.

(b) in paragraph 3, for “paragraphs 2 and 3” substitute “paragraph 2”;

Amendment of the Zimbabwe (Sanctions) (EU Exit) Regulations 2019

5.—(1) The Zimbabwe (Sanctions) (EU Exit) Regulations 2019( 19) are amended as follows.

(2) In regulation 2 (interpretation), in the appropriate place insert—

““ director disqualification licence ” means a licence under regulation 33A; ”.

(3) In regulation 5(1) (power to designate persons)

(a) omit “and” following sub-paragraph (a),

(b) after sub-paragraph (a) insert—

“(aa) regulation 16A (director disqualification sanctions). ”.

(4) After regulation 16 (circumventing etc prohibitions), insert—

“PART 3A Director disqualification sanctions

Director disqualification sanctions

16A. A person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation is a person subject to director disqualification sanctions for the purposes of—

(a) section 11A of the Company Directors Disqualification Act 1986, and

(b) Article 15A of the Company Directors Disqualification (Northern Ireland) Order 2002. ”.

(5) After regulation 33 (Treasury licences), insert—

“Director disqualification licences

33A. The Secretary of State may issue a licence in relation to any person who is designated under regulation 5 for the purposes of regulation 16A (director disqualification sanctions) providing that the prohibitions in—

(a) section 11A(1) of the Company Directors Disqualification Act 1986, and

(b) Article 15A(1) of the Company Directors Disqualification (Northern Ireland) Order 2002,

do not apply to anything done under the authority of that licence. ”.

(6) In regulation 35 (licences: general provisions), after “Treasury licences” insert “, director disqualification licences”.

(7) After regulation 36 (finance: licensing offences), insert—

“Director disqualification: licensing offences

36A.— (1) A person (“ P ”) commits an offence if P knowingly or recklessly—

(a) provides information that is false in a material respect, or

(b) provides or produces a document that is not what it purports to be,

for the purpose of obtaining a director disqualification licence (whether for P or anyone else).

(2) A person who purports to act under the authority of a director disqualification licence but who fails to comply with any condition of the licence commits an offence.

(3) A licence in respect of which an offence under paragraph (1) has been committed is to be treated as void from the time at which it was issued. ”.

(8) In regulation 47(1)(b)(i) (disclosure of information), after “Part 3 (finance),” insert “Part 3A (director disqualification sanctions) or”.

(9) In regulation 49(3) (penalties for offences), in the opening words, after “9(6) (confidentiality),” insert “36A (director disqualification: licensing offences),”.

(10) In regulation 54 (trade enforcement: application of CEMA), after paragraph (3), insert—

“(3A) The Commissioners may not investigate the suspected commission of a relevant offence listed in paragraph (3B), (3C) or (3D), unless the suspected offence has been the subject of—

(a) a referral to the Commissioners by the Secretary of State, or

(b) a decision by the Commissioners to treat the suspected offence as if it had been referred to them under sub-paragraph (a).

(3B) Paragraph (3A) applies to the suspected commission of an offence under regulation 28(4) (provision of military-related services).

(3C) Paragraph (3A) also applies to the suspected commission of a relevant offence under any of regulations 37(1) or (2), 45(6) and 46(5) insofar as—

(a) the suspected offence relates to a licence issued under regulation 34 (trade licences), and

(b) the activity authorised by that licence would, if no licence had been issued, amount to an offence specified in paragraph (3B).

(3D) Paragraph (3A) also applies to the suspected commission of a relevant offence under regulation 29(2) (circumventing etc. prohibitions), insofar as the prohibited activity to which the suspected offence relates is the circumvention of, or enabling or facilitation of a contravention of, a prohibition in relation to an offence specified in paragraph (3B). ”.

Amendment of the Chemical Weapons (Sanctions) (EU Exit) Regulations 2019

6.—(1) The Chemical Weapons (Sanctions) (EU Exit) Regulations 2019( 20) are amended as follows.

(2) In regulation 2 (interpretation), in the appropriate place insert—

““ director disqualification licence ” means a licence under regulation 20A; ”.

(3) In regulation 5(1) (power to designate persons), after sub-paragraph (a), insert—

“(aa) regulation 16A (director disqualification sanctions); ”.

(4) After regulation 16 (circumventing etc prohibitions), insert—

“PART 3A Director disqualification sanctions

Director disqualification sanctions

16A. A person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation is a person subject to director disqualification sanctions for the purposes of—

(a) section 11A of the Company Directors Disqualification Act 1986, and

(b) Article 15A of the Company Directors Disqualification (Northern Ireland) Order 2002. ”.

(5) After regulation 20 (Treasury licences), insert—

“Director disqualification licences

(a) section 11A(1) of the Company Directors Disqualification Act 1986, and

(b) Article 15A(1) of the Company Directors Disqualification (Northern Ireland) Order 2002,

do not apply to anything done under the authority of that licence. ”.

(6) In regulation 21(1) (licences: general provisions), after “Treasury licences” insert “and director disqualification licences”.

(7) After regulation 22 (finance: licensing offences), insert—

“Director disqualification: licensing offences

22A.— (1) A person (“ P ”) commits an offence if P knowingly or recklessly—

(a) provides information that is false in a material respect, or

(b) provides or produces a document that is not what it purports to be,

for the purpose of obtaining a director disqualification licence (whether for P or anyone else).

(2) A person who purports to act under the authority of a director disqualification licence but who fails to comply with any condition of the licence commits an offence.

(3) A licence in respect of which an offence under paragraph (1) has been committed is to be treated as void from the time at which it was issued. ”.

(8) In regulation 29(1)(b)(i) (disclosure of information), for “or Part 3 (Finance)” substitute “, Part 3 (Finance) or Part 3A (Director disqualification sanctions)”.

(9) In the opening words of regulation 31(2) (penalties for offences), after “regulation 9(6) (confidentiality)” insert “or 22A (director disqualification: licensing offences)”.

Amendment of the Syria (Sanctions) (EU Exit) Regulations 2019

7.—(1) The Syria (Sanctions) (EU Exit) Regulations 2019( 21) are amended as follows.

(2) In regulation 2 (interpretation), in the appropriate place insert—

““ director disqualification licence ” means a licence under regulation 61A; ”.

(3) In regulation 5(1) (power to designate persons), after sub-paragraph (a), insert—

“(aa) regulation 23A (director disqualification sanctions); ”.

(4) After regulation 23 (interpretation of Part 3), insert—

“PART 3A Director disqualification sanctions

Director disqualification sanctions

23A. A person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation is a person subject to director disqualification sanctions for the purposes of—

(a) section 11A of the Company Directors Disqualification Act 1986, and

(b) Article 15A of the Company Directors Disqualification (Northern Ireland) Order 2002. ”.

(5) After regulation 61 (Treasury licences), insert—

“Director disqualification licences

61A. The Secretary of State may issue a licence in relation to any person who is designated under regulation 5 for the purposes of regulation 23A (director disqualification sanctions) providing that the prohibitions in—

(a) section 11A(1) of the Company Directors Disqualification Act 1986, and

(b) Article 15A(1) of the Company Directors Disqualification (Northern Ireland) Order 2002,

do not apply to anything done under the authority of that licence. ”.

(6) In regulation 64(1) (licences: general provisions), after “Treasury licences” insert “, director disqualification licences”.

(7) After regulation 65 (finance: licensing offences), insert—

“Director disqualification: licensing offences

65A.— (1) A person (“ P ”) commits an offence if P knowingly or recklessly—

(a) provides information that is false in a material respect, or

(b) provides or produces a document that is not what it purports to be,

for the purpose of obtaining a director disqualification licence (whether for P or anyone else).

(2) A person who purports to act under the authority of a director disqualification licence but who fails to comply with any condition of the licence commits an offence.

(3) A licence in respect of which an offence under paragraph (1) has been committed is to be treated as void from the time at which it was issued. ”.

(8) In regulation 77(1)(b)(i) (disclosure of information), after “Part 3 (Finance),” insert “Part 3A (Director disqualification sanctions),”.

(9) In regulation 79(3) (penalties for offences), after “57(6) (exceptions relating to petroleum products: notification requirement),” insert “65A (director disqualification: licensing offences),”.

(10) In regulation 84 (trade enforcement: application of CEMA)—

(a) after paragraph (3), insert—

“(3A) The Commissioners may not investigate the suspected commission of a relevant offence listed in paragraph (3B), (3C) or (3D), unless the suspected offence has been the subject of—

(a) a referral to the Commissioners by the Secretary of State, or

(b) a decision by the Commissioners to treat the suspected offence as if it had been referred to them under sub-paragraph (a).

(3B) Paragraph (3A) applies to the suspected commission of an offence under any of the following provisions—

(a) regulation 30(3) (supply and delivery prohibition) insofar as the offence does not relate to goods relating to chemical and biological weapons, interception and monitoring goods, or internal repression goods,

(b) regulation 31(3) (prohibition in connection with making goods and technology available) insofar as the offence does not relate to the import or export of goods or the transfer of technology to or from the UK, to goods relating to chemical and biological weapons, technology relating to chemical and biological weapons, interception and monitoring goods and interception and monitoring technology, or internal repression goods and internal repression technology,

(c) regulation 33(3) (prohibition relating to the associated provision of technical assistance) insofar as the offence does not relate to the import or export of goods or the transfer of technology to or from the UK, to goods relating to chemical and biological weapons, technology relating to chemical and biological weapons, interception and monitoring goods and interception and monitoring technology, or internal repression goods and internal repression technology,

(d) regulation 34(5) (prohibitions relating to the associated provision of financial services and funds) insofar as the offence does not relate to the import or export of goods or the transfer of technology to or from the UK, to goods relating to chemical and biological weapons, technology relating to chemical and biological weapons, interception and monitoring goods and interception and monitoring technology, or internal repression goods and internal repression technology,

(e) regulation 35(3) (prohibitions relating to the associated provision of brokering services: non-UK activity) insofar as the offence does not relate to the import or export of goods or the transfer of technology to or from the UK, to goods relating to chemical and biological weapons, technology relating to chemical and biological weapons, interception and monitoring goods and technology, or internal repression goods and internal repression technology,

(f) regulation 37(4) (acquisition of military goods and technology, crude oil and petroleum products) insofar as the offence does not relate to the import or export of goods or the transfer of technology to or from the UK, to military goods and technology,

(g) regulation 38(5) (transport of military goods, crude oil and petroleum products) insofar as it does not relate to military goods,

(h) regulation 40(3) (prohibitions relating to the associated provision of financial services and funds) insofar as the offence does not relate to the import or export of goods or the transfer of technology to or from the UK, or does not relate to arms and related materiel or military goods and technology,

(i) regulation 41(4) (bank notes or coinage) insofar as the offence does not relate to the import or export of goods,

(j) regulation 42(5) (goods prohibitions relating to gold, precious metals or diamonds) insofar as the offence does not relate to the import or export of goods,

(k) regulation 43(3) (technical assistance relating to gold, precious metals or diamonds) insofar as the offence does not relate to the import or export of goods,

(l) regulation 44(5) (financial services and funds relating to gold, precious metals or diamonds) insofar as the offence does not relate to the import or export of goods,

(m) regulation 45(4) (brokering services: non-UK activity relating to gold, precious metals or diamonds) insofar as the offence does not relate to the import or export of goods,

(n) regulation 45(5) insofar as the offence does not relate to the import or export of goods,

(o) regulation 46(5) (luxury goods) insofar as the offence does not relate to the import or export of goods,

(p) regulation 47(5) (electricity production) insofar as the offence does not relate to the import or export of goods, or

(q) regulation 48(3) (provision of interception and monitoring services).

(3C) Paragraph (3A) also applies to the suspected commission of a relevant offence under any of regulations 66(1) and (2), 75(6) and 76(5) insofar as—

(a) the suspected offence relates to a licence issued under regulation 62 (trade licences), and

(b) the activity authorised by that licence would, if no licence had been issued, amount to an offence specified in paragraph (3B).

(3D) Paragraph (3A) also applies to the suspected commission of a relevant offence under regulation 49(2) (circumventing etc prohibitions) insofar as the prohibited activity to which the suspected offence relates is the circumvention of, or enabling or facilitation of a contravention of, a prohibition in relation to an offence specified in paragraph (3B). ”;

(b) after paragraph (6) insert—

“(7) Any term in this regulation that is defined in Chapter 1 (Interpretation) of Part 5 (Trade) bears the same meaning as in that Chapter of that Part. ”.

Amendment of the Russia (Sanctions) (EU Exit) Regulations 2019

8.—(1) The Russia (Sanctions) (EU Exit) Regulations 2019( 22) are amended as follows.

(2) In regulation 2 (interpretation), in the appropriate place insert—

““ director disqualification licence ” means a licence under regulation 64A; ”.

(3) In regulation 5(1) (power to designate persons), after sub-paragraph (ab), insert—

“(ac) regulation 19B (director disqualification sanctions); ”.

(4) After regulation 19A (interpretation of Part 3), insert—

“PART 3A Director disqualification sanctions

Director disqualification sanctions

19B. A person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation is a person subject to director disqualification sanctions for the purposes of—

(a) section 11A of the Company Directors Disqualification Act 1986, and

(b) Article 15A of the Company Directors Disqualification (Northern Ireland) Order 2002. ”.

(5) In regulation 60GC(2)(d) (trade: exception in respect of the acquisition of diamonds and diamond jewellery), for “prohibition at”, substitute “an arrangement falling within”.

(6) After regulation 64 (Treasury licences), insert—

“Director disqualification licences

64A. The Secretary of State may issue a licence in relation to any person who is designated under regulation 5 for the purposes of regulation 19B (director disqualification sanctions) providing that the prohibitions in—

(a) section 11A(1) of the Company Directors Disqualification Act 1986, and

(b) Article 15A(1) of the Company Directors Disqualification (Northern Ireland) Order 2002,

do not apply to anything done under the authority of that licence. ”.

(7) In regulation 66(1) (licences: general provisions), after “Treasury licences,” insert “director disqualification licences,”.

(8) After regulation 67 (finance: licensing offences), insert—

“Director disqualification: licensing offences

67A.— (1) A person (“ P ”) commits an offence if P knowingly or recklessly—

(a) provides information that is false in a material respect, or

(b) provides or produces a document that is not what it purports to be,

for the purpose of obtaining a director disqualification licence (whether for P or anyone else).

(2) A person who purports to act under the authority of a director disqualification licence but who fails to comply with any condition of the licence commits an offence.

(3) A licence in respect of which an offence under paragraph (1) has been committed is to be treated as void from the time at which it was issued. ”.

(9) In regulation 78(1)(b)(i) (disclosure of information), after “Part 3 (Finance),” insert “Part 3A (Director disqualification sanctions),”.

(10) In regulation 80(3) (penalties for offences), in the opening words, after “9B(6) (confidentiality),” insert “67A (director disqualification: licensing offences),”.

(11) In regulation 85 (trade enforcement: application of CEMA)—

(a) in paragraph (3B)—

(i) in sub-paragraph (za) for “insofar as it relates to the prohibition at regulation 24(1)(c)” substitute “insofar as the offence does not relate to dual-use goods, military goods, or defence and security goods”;

(ii) after sub-paragraph (za) insert—

“(zaa) regulation 25(3) insofar as it does not relate to the import or export of goods or the transfer of technology to or from the UK, to dual-use goods and dual-use technology, military goods and military technology, or defence and security goods and defence and security technology;

(zab) regulation 26(3) insofar as it does not relate to the import or export of goods or the transfer of technology to or from the UK, to dual-use goods and dual use technology, military goods and military technology, or defence and security goods and defence and security technology;

(zac) regulation 27(3) insofar as it does not relate to the import or export of goods or the transfer of technology to or from the UK, to dual-use goods and dual use technology, military goods and military technology, or defence and security goods and defence and security technology;

(zad) regulation 28(7) insofar as it does not relate to the import or export of goods or the transfer of technology to or from the UK, to dual-use goods and dual-use technology, military goods and military technology, or defence and security goods and defence and security technology;

(zae) regulation 29(3) insofar as it does not relate to the import or export of goods or the transfer of technology to or from the UK, to dual-use goods and dual use technology, military goods and military technology, or defence and security goods and defence and security technology; ”;

(iii) in sub-paragraph (zb), after “regulation 29A(3)” insert “insofar as it does not relate to the import or export of goods”;

(iv) after sub-paragraph (zb) insert—

“(zc) regulation 30(3); ”;

(v) after sub-paragraph (c) insert—

“(ca) regulation 42(3) insofar as it does not relate to the import or export of goods;

(cb) regulation 43(3) insofar as it does not relate to the import or export of goods;

(cc) regulation 44(5) insofar as it does not relate to the import or export of goods; ”;

(vi) in sub-paragraph (d), after “regulation 45(3)” insert “insofar as it does not relate to the import or export of goods”;

(vii) after sub-paragraph (d) insert—

“(dza) regulation 46(3); ”;

(viii) in sub-paragraph (da), after “regulation 46A(4)” insert “insofar as it does not relate to the import or export of goods or the transfer of technology to or from the UK”;

(ix) in sub-paragraph (e), for “insofar as it relates to the prohibition at regulation 46B(2)(a)” substitute “insofar as it does not relate to the import or export of goods”;

(x) in sub-paragraph (ea), for “insofar as the technical assistance provided relates to the supply or delivery of luxury goods from a third country to a place in Russia” substitute “insofar as it does not relate to the import or export of goods”;

(xi) in sub-paragraph (eb), for “insofar as it relates to the prohibition at” to the end substitute “insofar as it does not relate to the import or export of goods”;

(xii) in sub-paragraph (ec), for “insofar as it relates to the prohibition at” to the end substitute “insofar as it does not relate to the import or export of goods”;

(xiii) after sub-paragraph (ec) insert—

“(ed) regulation 46E(3) insofar as it does not relate to the import or export of goods; ”;

(xiv) in sub-paragraph (g), for “insofar as it relates to the prohibition at regulation 46G)(1)(c)” substitute “insofar as it does not relate to the import or export of goods”;

(xv) in sub-paragraph (h), for “insofar as it relates to the prohibition at regulation 46H(1)(c)” substitute “insofar as it does not relate to the import or export of goods”;

(xvi) before sub-paragraph (ha) insert—

“(hza) regulation 46I(3) insofar as it does not relate to the import or export of goods;

(hzb) regulation 46IH(3) insofar as it does not relate to the import or export of goods; ”;

(xvii) after sub-paragraph (i) insert—

“(ia) regulation 46L(4) insofar as it does not relate to the import or export of goods; ”;

(xviii) in sub-paragraph (j), for “insofar as it relates to the prohibition at regulation 46N(2)(a)” substitute “insofar as it does not relate to the import or export of goods”;

(xix) after sub-paragraph (j) insert—

“(jza) regulation 46O(3) insofar as it does not relate to the import or export of goods;

(jzb) regulation 46P(5) insofar as it does not relate to the import or export of goods;

(jzc) regulation 46Q(3) insofar as it does not relate to the import or export of goods;

(jzd) regulation 46XC(3) insofar as it does not relate to the import or export of goods; ”;

(xx) in sub-paragraph (jb), for “insofar as it relates to the prohibition at 46XE(1)(c)” substitute “insofar as it does not relate to the import or export of goods”;

(xxi) in sub-paragraph (jc), for “insofar as it relates to the prohibition at 46XF(1)(c)” substitute “insofar as it does not relate to the import or export of goods”;

(xxii) after sub-paragraph (jc) insert—

“(jd) regulation 46XG(3) insofar as it does not relate to the import or export of goods; ”;

(xxiii) in sub-paragraph (k), for “insofar as it relates to the prohibition at regulation 46Y(2)(a)” substitute “insofar as it does not relate to the import or export of goods”;

(xxiv) after sub-paragraph (k) insert—

“(ka) regulation 46Z(3) insofar as it does not relate to the import or export of goods;

(kb) regulation 46Z1(5) insofar as it does not relate to the import or export of goods; ”;

(xxv) in sub-paragraph (l), for “insofar as it relates to the prohibitions at regulation 46Z2(1)(e), (f) and (g)” substitute “insofar as it does not relate to the import or export of goods”;

(xxvi) after sub-paragraph (l) insert—

“(la) regulation 46Z5(3) insofar as it does not relate to the import or export of goods;

(lb) regulation 46Z7(3) insofar as it does not relate to the import or export of goods;

(lc) regulation 46Z8(3) insofar as it does not relate to the import or export of goods;

(ld) regulation 46Z9(3) insofar as it does not relate to the import or export of goods; ”;

(xxvii) after sub-paragraph (r) insert—

“(rza) regulation 46Z12(3) insofar as it does not relate to the import or export of goods;

(rzb) regulation 46Z14(3) insofar as it does not relate to the import or export of goods;

(rzc) regulation 46Z15(3) insofar as it does not relate to the import or export of goods;

(rzd) regulation 46Z16(3) insofar as it does not relate to the import or export of goods; ”;

(xxviii) in sub-paragraph (ra), for “insofar as the acquisition does not relate to the import of diamonds or diamond jewellery” substitute “insofar as it does not relate to the import or export of goods”;

(xxix) in sub-paragraph (rc), for “insofar as it relates to the prohibitions at regulation 46Z16N(1)(b) and (c)” substitute “insofar as it does not relate to the import or export of goods”;

(xxx) in sub-paragraph (rd), for “insofar as it relates to the prohibitions at regulation 46Z16O(1)(b) and (c)” substitute “insofar as it does not relate to the import or export of goods”;

(xxxi) in sub-paragraph (re), for “insofar as the brokering services provided relate to any arrangements described in regulation 46Z16O(1)(b) or (c)” substitute “insofar as it does not relate to the import or export of goods”;

(xxxii) in sub-paragraph (s), for “insofar as it relates to the prohibition at regulation 46Z30(2)(a)” substitute “insofar as it does not relate to the import or export of goods”;

(xxxiii) after sub-paragraph (s) insert—

“(sa) regulation 46Z31(3) insofar as it does not relate to the import or export of goods;

(sb) regulation 46Z32(5) insofar as it does not relate to the import or export of goods; ”;

(xxxiv) in sub-paragraph (t), for “insofar as it relates to the prohibitions at regulation 46Z33(1)(e), (f) and (g)” substitute “insofar as it does not relate to the import or export of goods”;

(xxxv) after sub-paragraph (u) insert—

“(ua) regulation 50(3) insofar as it does not relate to the import or export of goods;

(ub) regulation 51(3) insofar as it does not relate to the import or export of goods;

(uc) regulation 52(5) insofar as it does not relate to the import or export of goods; ”;

(xxxvi) in sub-paragraph (v), after “regulation 53(3)” insert “insofar as it does not relate to the import or export of goods”;

(b) after paragraph (6) insert—

“(7) Any term in this regulation that is defined in Chapter 1 (Interpretation) of Part 5 (Trade) bears the same meaning as in that Chapter of that Part. ”.

Amendment of the Guinea (Sanctions) (EU Exit) Regulations 2019

9.—(1) The Guinea (Sanctions) (EU Exit) Regulations 2019( 23) are amended as follows.

(2) In regulation 2 (interpretation), in the appropriate place insert—

““ director disqualification licence ” means a licence under regulation 20A; ”.

(3) In regulation 5(1) (power to designate persons)—

(a) omit “and” following sub-paragraph (a);

(b) after sub-paragraph (a), insert—

“(aa) regulation 16A (director disqualification sanctions). ”.

(4) After regulation 16 (circumventing etc prohibitions), insert—

“PART 3A Director disqualification sanctions

Director disqualification sanctions

16A. A person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation is a person subject to director disqualification sanctions for the purposes of—

(a) section 11A of the Company Directors Disqualification Act 1986( 24) , and

(b) Article 15A of the Company Directors Disqualification (Northern Ireland) Order 2002. ”.

(5) In regulation 20 (Treasury licences) omit paragraphs (3) to (6).

(6) After regulation 20 insert—

“Director disqualification licences

(a) section 11A(1) of the Company Directors Disqualification Act 1986, and

(b) Article 15A(1) of the Company Directors Disqualification (Northern Ireland) Order 2002,

do not apply to anything done under the authority of that licence.

Licences: general provisions

20B.— (1) This regulation applies in relation to Treasury licences and director disqualification licences.

(2) A licence must specify the acts authorised by it.

(3) A licence may be general or may authorise acts by a particular person or persons of a particular description.

(4) A licence may—

(a) contain conditions;

(b) be of indefinite duration or a defined duration.

(5) A person who issues a licence may vary, revoke or suspend it at any time.

(6) A person who issues, varies, revokes or suspends a licence which authorises acts by a particular person must give written notice to that person of the issue, variation, revocation or suspension of the licence.

(7) A person who issues, varies, revokes or suspends a general licence or a licence which authorises acts by persons of a particular description must take such steps as that person considers appropriate to publicise the issue, variation, revocation or suspension of the licence. ”.

(7) After regulation 21 (finance: licensing offences), insert—

“Director disqualification: licensing offences

21A.— (1) A person (“ P ”) commits an offence if P knowingly or recklessly—

(a) provides information that is false in a material respect, or

(b) provides or produces a document that is not what it purports to be,

for the purpose of obtaining a director disqualification licence (whether for P or anyone else).

(2) A person who purports to act under the authority of a director disqualification licence but who fails to comply with any condition of the licence commits an offence.

(3) A licence in respect of which an offence under paragraph (1) has been committed is to be treated as void from the time at which it was issued. ”.

(8) In regulation 28(1)(b)(i) (disclosure of information), for “or Part 3 (Finance),” substitute “, Part 3 (Finance) or Part 3A (Director disqualification sanctions),”.

(9) In the opening words of regulation 30(2) (penalties for offences), after “9(6) (confidentiality)” insert “or 21A (director disqualification: licensing offences)”.

(10) In regulation 36 (notices), for “regulation 20 (Treasury licences)” substitute “regulation 20B(6) (Licences: general provisions)”.

Amendment of the Cyber (Sanctions) (EU Exit) Regulations 2020

10.—(1) The Cyber (Sanctions) (EU Exit) Regulations 2020( 25) are amended as follows.

(2) In regulation 2 (interpretation), in the appropriate place insert—

““ director disqualification licence ” means a licence under regulation 20A; ”.

(3) In regulation 5(1) (power to designate persons), after sub-paragraph (a), insert—

“(aa) regulation 16A (director disqualification sanctions); ”.

(4) After regulation 16 (circumventing etc. prohibitions), insert—

“PART 3A Director disqualification sanctions

Director disqualification sanctions

16A. A person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation is a person subject to director disqualification sanctions for the purposes of—

(a) section 11A of the Company Directors Disqualification Act 1986, and

(b) Article 15A of the Company Directors Disqualification (Northern Ireland) Order 2002. ”.

(5) In regulation 20 (Treasury licences) omit paragraphs (2), (4), (5) and (6).

(6) After regulation 20 insert—

“Director disqualification licences

(a) section 11A(1) of the Company Directors Disqualification Act 1986, and

(b) Article 15A(1) of the Company Directors Disqualification (Northern Ireland) Order 2002,

do not apply to anything done under the authority of that licence.

Licences: general provisions

20B.— (1) This regulation applies in relation to Treasury licences and director disqualification licences.

(2) A licence must specify the acts authorised by it.

(3) A licence may be general or may authorise acts by a particular person or persons of a particular description.

(4) A licence may—

(a) contain conditions;

(b) be of indefinite duration or a defined duration.

(5) A person who issues a licence may vary, revoke or suspend it at any time.

(7) After regulation 21 (finance: licensing offences), insert—

“Director disqualification: licensing offences

21A.— (1) A person (“ P ”) commits an offence if P knowingly or recklessly—

(a) provides information that is false in a material respect, or

(b) provides or produces a document that is not what it purports to be,

for the purpose of obtaining a licence (whether for P or anyone else).

(2) A person who purports to act under the authority of a director disqualification licence but who fails to comply with any condition of the licence commits an offence.

(3) A licence in respect of which an offence under paragraph (1) has been committed is to be treated as void from the time at which it was issued. ”

(8) In regulation 28(1)(b)(i) (disclosure of information), for “or Part 3 (Finance),” substitute “, Part 3 (Finance) or Part 3A (Director disqualification sanctions),”.

(9) In regulation 30(2) (penalties for offences), after “9(6) (confidentiality)” insert “or 21A (director disqualification: licensing offences)”.

(10) In regulation 36 (notices), for “regulation 20 (Treasury licences)” substitute “regulation 20B(6) (Licences: general provisions)”.

Amendment of the Bosnia and Herzegovina (Sanctions) (EU Exit) Regulations 2020

11.—(1) The Bosnia and Herzegovina (Sanctions) (EU Exit) Regulations 2020( 26) are amended as follows.

(2) In regulation 2 (interpretation), in the appropriate place insert—

““ director disqualification licence ” means a licence under regulation 20A; ”.

(3) In regulation 5(1) (power to designate persons), after sub-paragraph (a), insert—

“(aa) regulation 16A (director disqualification sanctions); ”.

(4) After regulation 16 (circumventing etc. prohibitions), insert—

“PART 3A Director disqualification sanctions

Director disqualification sanctions

16A. A person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation is a person subject to director disqualification sanctions for the purposes of—

(a) section 11A of the Company Directors Disqualification Act 1986, and

(b) Article 15A of the Company Directors Disqualification (Northern Ireland) Order 2002. ”.

(5) In regulation 20 (Treasury licences) omit paragraphs (3) to (6).

(6) After regulation 20 insert—

“Director disqualification licences

(a) section 11A(1) of the Company Directors Disqualification Act 1986, and

(b) Article 15A(1) of the Company Directors Disqualification (Northern Ireland) Order 2002,

do not apply to anything done under the authority of that licence.

Licences: general provisions

20B.— (1) This regulation applies in relation to Treasury licences and director disqualification licences.

(2) A licence must specify the acts authorised by it.

(3) A licence may be general or may authorise acts by a particular person or persons of a particular description.

(4) A licence may—

(a) contain conditions;

(b) be of indefinite duration or a defined duration.

(5) A person who issues a licence may vary, revoke or suspend it at any time.

(7) In regulation 21—

(a) for the heading substitute “Notices”;

(b) in paragraph (1), for “regulation 20 (Treasury licences)” substitute “regulation 20B(6) (Licences: general provisions)”.

(8) After regulation 22 (finance: licensing offences), insert—

“Director disqualification: licensing offences

22A.— (1) A person (“ P ”) commits an offence if P knowingly or recklessly—

(a) provides information that is false in a material respect, or

(b) provides or produces a document that is not what it purports to be,

for the purpose of obtaining a director disqualification licence (whether for P or anyone else).

(2) A person who purports to act under the authority of a director disqualification licence but who fails to comply with any condition of the licence commits an offence.

(3) A licence in respect of which an offence under paragraph (1) has been committed is to be treated as void from the time at which it was issued. ”.

(9) In regulation 29(1)(b)(i) (disclosure of information), for “or Part 3 (Finance),” substitute “, Part 3 (Finance) or Part 3A (Director disqualification sanctions),”.

(10) In the opening words of regulation 31(2) (penalties for offences), after “9(6) (confidentiality)” insert “or 22A (director disqualification: licensing offences)”.

Amendment of the Nicaragua (Sanctions) (EU Exit) Regulations 2020

12.—(1) The Nicaragua (Sanctions) (EU Exit) Regulations 2020( 27) are amended as follows.

(2) In regulation 2 (interpretation), in the appropriate place insert—

““ director disqualification licence ” means a licence under regulation 20A; ”.

(3) In regulation 5(1) (power to designate persons), after sub-paragraph (a), insert—

“(aa) regulation 16A (director disqualification sanctions). ”.

(4) After regulation 16 (circumventing etc. prohibitions), insert—

“PART 3A Director disqualification sanctions

Director disqualification sanctions

16A. A person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation is a person subject to director disqualification sanctions for the purposes of—

(a) section 11A of the Company Directors Disqualification Act 1986, and

(b) Article 15A of the Company Directors Disqualification (Northern Ireland) Order 2002. ”.

(5) In regulation 20 (Treasury licences), omit paragraphs (3) to (6).