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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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24 provisions
Title and introductory text
2023 No. 846
Overseas Territories
Sanctions
The Russia (Sanctions) (Overseas Territories) (Amendment) (No. 2) Order 2023
Made
19th July 2023
Coming into force in accordance with article 1
At the Court at Buckingham Palace, the 19th day of July 2023
Present,
The King’s Most Excellent Majesty in Council
His Majesty, in exercise of the powers conferred by section 63(3)(c) and (4) of the Sanctions and Anti-Money Laundering Act 2018, is pleased, by and with the advice of His Privy Council, to make the following Order:
Propose a change1 Citation, commencement and extent
(1) This Order may be cited as the Russia (Sanctions) (Overseas Territories) (Amendment) (No. 2) Order 2023 and, subject to paragraph (2), comes into force on 20th July 2023.
(2) Article 4 comes into force on 30th September 2023.
(3) This Order extends to each British overseas territory listed in the Schedule.
Propose a change2 Amendment of the Russia (Sanctions) (Overseas Territories) Order 2020
Schedule 2 (modifications to be made in the extension of the Russia (Sanctions) (EU Exit) Regulations 2019 to each British overseas territory listed in Schedule 1) to the Russia (Sanctions) (Overseas Territories) Order 2020, is amended as set out in articles 3 to 22.
Propose a change3 Amendment of the Russia (Sanctions) (Overseas Territories) Order 2020
For paragraph 20A, substitute—
20A. For regulation 30B (export of relevant restricted goods), substitute—
30B. (1) The export of relevant restricted goods to, or for use in, non-government controlled Ukrainian territory, is prohibited.
(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).
(3) A person who contravenes the prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1) to show that the person did not know and had no reasonable cause to suspect that the export was to, or the goods were for use in, non-government controlled Ukrainian territory.
Propose a change4 Amendment of the Russia (Sanctions) (Overseas Territories) Order 2020
After paragraph 26D, insert—
26DA. In regulation 46IA (interpretation), in paragraph (1), in the definition of “third country”, for “United Kingdom, the Isle of Man” substitute “Territory”.
26DB. In regulation 46IB (import of relevant processed iron or steel products), after paragraph (2) insert—
(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1) to show that the person did not know and had no reasonable cause to suspect that the goods were relevant processed iron or steel products.
Propose a change5 Amendment of the Russia (Sanctions) (Overseas Territories) Order 2020
Omit paragraph 26J.
Propose a change6 Amendment of the Russia (Sanctions) (Overseas Territories) Order 2020
In paragraph 26K, omit “, in both places it occurs,”.
Propose a change7 Amendment of the Russia (Sanctions) (Overseas Territories) Order 2020
In paragraph 26L, omit “, in both places it occurs,”.
Propose a change8 Amendment of the Russia (Sanctions) (Overseas Territories) Order 2020
After paragraph 26L, insert—
26LA. In regulation 46XA (interpretation), in the definition of “third country” for “United Kingdom, the Isle of Man” substitute “Territory”.
26LB. In regulation 46XB (import of Schedule 3DA revenue generating goods), after paragraph (3) insert—
(4) A person who contravenes a prohibition in paragraph (1) or (2) commits an offence, but—
(a) it is a defence for a person charged with the offence of contravening paragraph (1) to show that the person did not know and had no reasonable cause to suspect that the goods were consigned from Russia;
(b) it a defence for a person charged with the offence of contravening paragraph (2) to show that the person did not know and had no reasonable cause to suspect that the goods originated in Russia.
Propose a change9 Amendment of the Russia (Sanctions) (Overseas Territories) Order 2020
Omit paragraph 26Q.
Propose a change10 Amendment of the Russia (Sanctions) (Overseas Territories) Order 2020
In paragraph 26R, omit “, in both places it occurs,”.
Propose a change11 Amendment of the Russia (Sanctions) (Overseas Territories) Order 2020
In paragraph 26S, omit “, in both places it occurs,”.
Propose a change12 Amendment of the Russia (Sanctions) (Overseas Territories) Order 2020
Omit paragraph 26V.
Propose a change13 Amendment of the Russia (Sanctions) (Overseas Territories) Order 2020
In paragraph 26W, omit “, in both places it occurs,”.
Propose a change14 Amendment of the Russia (Sanctions) (Overseas Territories) Order 2020
In paragraph 26X, omit “, in both places it occurs,”.
Propose a change15 Amendment of the Russia (Sanctions) (Overseas Territories) Order 2020
Omit paragraph 26Z1.
Propose a change16 Amendment of the Russia (Sanctions) (Overseas Territories) Order 2020
In paragraph 26Z2, omit “in both places it occurs,”.
Propose a change17 Amendment of the Russia (Sanctions) (Overseas Territories) Order 2020
In paragraph 26Z3, omit “in both places it occurs,”.
Propose a change18 Amendment of the Russia (Sanctions) (Overseas Territories) Order 2020
For paragraph 28, substitute—
28. For regulation 48 (export of infrastructure-related goods to non-government controlled Ukrainian territory), substitute—
48. (1) The export of infrastructure-related goods to, or for use in, non-government controlled Ukrainian territory, is prohibited.
(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).
(3) A person who contravenes the prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1) to show that the person did not know and had no reasonable cause to suspect that the export was to, or the goods were for use in, non-government controlled Ukrainian territory.
Propose a change19 Amendment of the Russia (Sanctions) (Overseas Territories) Order 2020
After paragraph 30, insert—
30A. In regulation 53A (application of prohibitions and requirements in Chapter 2 of Part 5 to non-government controlled Ukrainian territory) omit paragraphs (2) and (3).
30B. In regulation 54D (legal advisory services)—
(a) in paragraph (1)—
(i) for “United Kingdom person” substitute “Territory person”;
(ii) for “United Kingdom”, in the second place it occurs, substitute “Territory”;
(b) in paragraph (2)(a)(i) and (2)(b)(i), for “United Kingdom person” substitute “Territory person”;
(c) in paragraph (2)(a)(ii) and (2)(b)(ii), for “United Kingdom” substitute “Territory”
.
Propose a change20 Amendment of the Russia (Sanctions) (Overseas Territories) Order 2020
In paragraph 34C—
(a) after sub-paragraph (c) insert—
(ca) in paragraph (5)(a), for “UK subsidiary undertaking” substitute “Territory subsidiary undertaking”;
;
(b) after sub-paragraph (d) insert—
(da) in paragraph (5A), in sub-paragraph (a)—
(i) for “UK undertaking” substitute “Territory undertaking”;
(ii) for “UK statutory or regulatory obligations” substitute “applicable statutory or regulatory obligations in the Territory”;
;
(c) in sub-paragraph (e), after paragraph (ii) insert—
(iii) for the definition of “UK subsidiary undertaking” substitute—
“Territory subsidiary undertaking” means a subsidiary undertaking that is incorporated or formed under the law of the Territory;
;
(iv) for the definition of “UK undertaking” substitute—
“Territory undertaking” means an undertaking within the meaning given in section 1161 of the Companies Act 2006 (as it applies in the United Kingdom) that is incorporated or formed under the law of the Territory.”
Propose a change21 Amendment of the Russia (Sanctions) (Overseas Territories) Order 2020
After paragraph 34C, insert—
34CA. In regulation 60DB (trade: exception relating to legal advisory services), in paragraph (2) for “UK statutory or regulatory obligations” substitute “applicable statutory or regulatory obligations in the Territory”
.
Propose a change22 Amendment of the Russia (Sanctions) (Overseas Territories) Order 2020
After paragraph 34D, insert—
34DA. In regulation 60G (trade: exception in relation to certain goods consigned from Russia), in paragraph (1A)(b), for “United Kingdom” substitute “Territory”.
34DB. In regulation 60GA (trade: exception in respect of the acquisition of iron and steel products), in paragraph (1), for “United Kingdom or the Isle of Man” substitute “Territory”.
34DC. In regulation 60GB (trade: exception in respect of the acquisition of Schedule 3DA revenue generating goods), in paragraph (1)—
(a) for “United Kingdom or the Isle of Man” substitute “Territory”;
(b) for “United Kingdom national”, in both places it occurs, substitute “Territory person, who is an individual,”.
Propose a changeSCHEDULE British overseas territories
Article 1(3)
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
Propose a change