Open at the publisher →
In force since 2023-12-28, as the publisher states.
Copy read on 2026-11-10. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
sha256 dbea357b9525db5998b0fcbe26af448431a0c23a8aacd9da91a3757aae74c20a
17 provisions
Title and introductory text
2023 No. 1383
Overseas Territories
Sanctions
The Haiti (Sanctions) (Overseas Territories) (Amendment) Order 2023
Made
13th December 2023
Coming into force
28th December 2023
At the Court at Buckingham Palace, the 13th day of December 2023
Present,
The King’s Most Excellent Majesty in Council
His Majesty, in exercise of the powers conferred on Him 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 Haiti (Sanctions) (Overseas Territories) (Amendment) Order 2023 and comes into force on 28th December 2023.
(2) This Order extends to each British overseas territory listed in the Schedule.
Propose a change2 Amendment of the Haiti (Sanctions) (Overseas Territories) Order 2022
Schedule 2 (modifications to be made in the extension of the Haiti (Sanctions) Regulations 2022 to each British overseas territory listed in Schedule 1) to the Haiti (Sanctions) (Overseas Territories) Order 2022, is amended as follows.
Propose a change3 Amendment of the Haiti (Sanctions) (Overseas Territories) Order 2022
In paragraph 2, in the definition of “authorised officer”, in sub-paragraph (c), after paragraph (iii), insert—
(iiia) regulation 36B (general trade licences: inspection of records),
.
Propose a change4 Amendment of the Haiti (Sanctions) (Overseas Territories) Order 2022
For paragraph 8 substitute—
8. In regulation 15 (export of small arms, light weapons and ammunition), at the end insert—
(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) (“P”) to show that P did not know and had no reasonable cause to suspect that the export was to, or for use in, Haiti.
.
Propose a change5 Amendment of the Haiti (Sanctions) (Overseas Territories) Order 2022
In paragraph 9, for “military goods” substitute “small arms, light weapons and ammunition”.
Propose a change6 Amendment of the Haiti (Sanctions) (Overseas Territories) Order 2022
Omit paragraphs 10 and 11.
Propose a change7 Amendment of the Haiti (Sanctions) (Overseas Territories) Order 2022
In paragraph 13, in the substituted text, in paragraph (1), after “regulation 29 (Treasury licences) (as it has effect in the United Kingdom)” insert “or regulation 29A (trade licences) (as it has effect in the United Kingdom)”.
Propose a change8 Amendment of the Haiti (Sanctions) (Overseas Territories) Order 2022
After paragraph 15 insert—
15A. In regulation 29A (trade licences)—
(a) the existing text become paragraph (1);
(b) in that paragraph, for “Secretary of State”, substitute “Governor”;
(c) at the end insert—
(2) The Governor may issue a licence under paragraph (1) only with the consent of the Secretary of State.
.
Propose a change9 Amendment of the Haiti (Sanctions) (Overseas Territories) Order 2022
In paragraph 22, in the substituted text, in paragraph (8) after “would” insert “, unless done under the authority of a trade licence,”.
Propose a change10 Amendment of the Haiti (Sanctions) (Overseas Territories) Order 2022
In paragraph 23, renumber the inserted regulation 36A (trade: information offences) as “36ZA”.
Propose a change11 Amendment of the Haiti (Sanctions) (Overseas Territories) Order 2022
After paragraph 23, insert—
23A. In regulation 36A(4) (general trade licences: records), for “Secretary of State” substitute “Governor”.
23B. In regulation 36B (general trade licences: inspection of records)—
(a) in paragraph (1), for “A person authorised by the Secretary of State or the Commissioners (an “official”)” substitute “An authorised officer”;
(b) in paragraphs (2) to (5), for “official”, in each place it occurs, substitute “authorised officer”;
(c) in paragraph (5)(a), for “official’s functions” substitute “authorised officer’s functions”.
.
Propose a change12 Amendment of the Haiti (Sanctions) (Overseas Territories) Order 2022
In paragraph 24, in paragraph (b)(ii)(bb), for “military goods” substitute “small arms, light weapons and ammunition”.
Propose a change13 Amendment of the Haiti (Sanctions) (Overseas Territories) Order 2022
In paragraph 26, before sub-paragraph (a) insert—
(za) in paragraph (1) for “finance: disclosure to the Treasury” substitute “finance: disclosure to the Governor”.
.
Propose a change14 Amendment of the Haiti (Sanctions) (Overseas Territories) Order 2022
In paragraph 27, in the inserted text, in regulation 39B (search warrants), for paragraph (5)(b) substitute—
(b) where that thing is small arms, light weapons or ammunition and is not authorised by a trade licence, may be forfeited, disposed of or transferred as appropriate.
.
Propose a change15 Amendment of the Haiti (Sanctions) (Overseas Territories) Order 2022
In paragraph 28, in the substituted text—
(a) after paragraph (4), insert—
(4B) A person who commits an offence under regulation 30A, 36A(6) or 36B(5) (offences in connection with trade licences) is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding £5,000 or its equivalent in the currency of the Territory, or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.
;
(b) in paragraph (6), for “36A” substitute “36ZA”;
(c) after paragraph (8), insert—
(8B) A person who commits an offence under regulation 30A, 36A(6) or 36B(5) (offences in connection with trade licences) is liable on conviction to imprisonment for a term not exceeding 2 years, or a fine, or both.
;
(d) in paragraph (10), for “36A” substitute “36ZA”.
Propose a changeSCHEDULE British overseas territories
Article 1(2)
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