Citation, commencement and extent

1.-(1) This Order may be cited as the Burundi (Sanctions) (Overseas Territories) Order 2020 and comes into force immediately after both the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020(2) and the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 4) Regulations 2020(3) have come into force in the United Kingdom.

(2) This Order extends to each British overseas territory listed in Schedule 1.

Extension of the Burundi (Sanctions) (EU Exit) Regulations 2019

2.  The Burundi (Sanctions) (EU Exit) Regulations 2019(4) as 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 Burundi (Sanctions) (EU Exit) Regulations 2019 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.

Article 1(2)

SCHEDULE 1 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

Article 2

SCHEDULE 2 Modifications to be made in the extension of the Burundi (Sanctions) (EU Exit) Regulations 2019 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 regulation 1(2) (commencement).

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-

""financial sanctions licence" means, in relation to the Territory, a licence issued by the Governor under regulation 20(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 "Treasury licence" and "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 "Treasury licence" substitute "financial sanctions licence";

(f) at the end, insert-

"(8) In this regulation-

"territorial sea of the Territory" means the territorial sea as defined in an enactment applicable in the Territory or, in the absence of such an enactment, the territorial sea adjacent to the Territory;

"Territory person" means, in relation to the Territory, a person who is-

4.  In regulation 4 (purposes), for "the regulations contained in this instrument that are made under section 1 of the Act" substitute "these Regulations".

5.  At the end of Part 1 (General), insert-

"Functions of the Governor

4A.-(1) In these Regulations, "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.

(2) 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 these Regulations to any person, or class or description of persons, and any references in these Regulations to the Governor are to be construed accordingly.

(3) In the exercise of any power conferred on the Governor by these Regulations, the Governor is to act in their discretion."

6.  Omit regulation 5 (power to designate persons) (including the heading).

7.  Omit regulation 6 (designation criteria) (including the heading).

8.  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 Governor must-

(a) publish a list of designated persons, and

(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 Governor must not include in the list under paragraph (1) any details of that designation, variation or revocation.

(3) The Governor may publish the list under paragraph (1) in any form the Governor considers appropriate, including by means of a website.

(4) For the purpose of this regulation, "designated person" means any person for the time being designated by the Secretary of State under regulation 5 (as it has effect in the United Kingdom)."

9.  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 "which the Secretary of State has specified is to be treated as confidential under regulation 9(1) (as it has effect in the United Kingdom)";

(d) in paragraph (7)-

(i) for "High Court (in Scotland, the Court of Session)" substitute "Supreme Court of the Territory";

(ii) omit "(in Scotland, an interdict)";

(e) at the end, insert-

"(9) In this regulation, "Supreme Court of the Territory" means-

(a) in relation to Anguilla, Montserrat and the Virgin Islands, the High Court of the Eastern Caribbean Supreme Court;

(b) in relation to the Cayman Islands, the Grand Court of the Cayman Islands;

(c) in relation to the British Antarctic Territory, the British Indian Ocean Territory, the Falkland Islands, Pitcairn, Henderson, Ducie and Oeno Islands, St Helena, Ascension and Tristan da Cunha, South Georgia and the South Sandwich Islands and the Turks and Caicos Islands, the Supreme Court of that territory;

(d) in relation to the Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus, the Senior Judges' Court of those Areas."

10.  In regulation 10 (meaning of "designated person" in Part 3), for "under regulation 5 for the purposes of regulations 11 to 15" substitute "from time to time by the Secretary of State under regulation 5 (as it has effect in the United Kingdom) for the purposes of regulations 11 to 15 (as they have effect in the United Kingdom)".

11.  For regulation 17 (immigration) substitute-

"17.-(1) A person who is designated from time to time by the Secretary of State under regulation 5 (as it has effect in the United Kingdom) for the purposes of regulation 17 (as it has effect in the United Kingdom) must not enter, transit or remain in the Territory.

(2) Paragraph (1) does not apply to a person who-

(a) belongs to the Territory, or

(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 the application of that paragraph to that person would be contrary to the United Kingdom's obligations under-

(a) the European Convention on Human Rights, or

(b) the Refugee Convention.

(4) Paragraph (1) is subject to regulation 22 (immigration directions).

(5) For the purposes of this regulation, a person ("P") belongs to the Territory if-

(a) in respect of Anguilla, P is an Anguillian (within the meaning given to that term in the law of Anguilla);

(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) 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) in respect of Montserrat, P is a Montserratian (within the meaning given to that term in the law of Montserrat);

(e) in respect of Pitcairn, P has the right of abode in Pitcairn under the law of Pitcairn;

(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) in respect of Tristan da Cunha, P has the right of abode in Tristan da Cunha under the law of Tristan da Cunha;

(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) 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).

(6) In this regulation-

"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 Convention(6);

"the Refugee Convention" means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention(7);

"Pitcairn" means Pitcairn, Henderson, Ducie and Oeno Islands;

"the Sovereign Base Areas" means the Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus."

12.  In regulation 18 (finance: exceptions from prohibitions)-

(a) omit paragraph (6);

(b) in paragraph (7), for the definition of "relevant institution" substitute-

""relevant institution", in relation to the Territory, means a person domiciled in the Territory who would satisfy the threshold conditions for permission under Part 4A of the Financial Services and Markets Act 2000(8) if it had its registered office (or if it does not have one, its head office) in the United Kingdom.";

(c) omit paragraph (8).

13.  For regulation 18A (finance: exception for authorised conduct in a relevant country) substitute-

"Finance: exceptions for authorised conduct outside the Territory

18A.-(1) Where a person's conduct outside the Territory would, in the absence of this paragraph, contravene a prohibition in any of regulations 11 to 15 (asset-freeze etc.), the prohibition is not contravened if the conduct is authorised by a licence issued under regulation 20 (Treasury licences) (as it has effect in the United Kingdom).

(2) Where a person's conduct in a relevant country would, in the absence of this paragraph, contravene a prohibition in any of regulations 11 to 15 ("the relevant prohibition"), the relevant prohibition is not contravened if the conduct is authorised by a licence or other authorisation which is issued-

(a) under the law of the relevant country, and

(b) for the purpose of disapplying a prohibition in that jurisdiction which corresponds to the relevant prohibition.

(3) In this regulation, "relevant country" means-

(a) any of the Channel Islands;

(b) the Isle of Man;

(c) any British overseas territory other than the Territory."

14.  For regulation 19 (exception for acts done for purposes of national security or prevention of serious crime), substitute-

"19.-(1) Where an act would, in the absence of this paragraph, be prohibited by regulation 9(2) (confidentiality) or any prohibition in Part 3 (Finance), that prohibition does not apply to the act if the act is one which-

(a) a responsible officer has determined would be in the interests of-

(i) national security, or

(ii) the prevention or detection of serious crime in the United Kingdom or elsewhere, or

(b) the Governor, with the consent of the Secretary of State, has determined would be in the interests of the prevention or detection of serious crime in the Territory.

(2) Where, in the absence of this paragraph, a thing would be required to be done under or by virtue of a provision of Part 6 (Information and records), that requirement does not apply if-

(a) a responsible officer has determined that not doing the thing in question would be in the interests of-

(i) national security, or

(ii) the prevention or detection of serious crime in the United Kingdom or elsewhere, or

(b) the Governor, with the consent of the Secretary of State, has determined that not doing the thing in question would be in the interests of the prevention or detection of serious crime in the Territory.

(3) In this regulation, "responsible officer" means a person in the service of the Crown or holding office under the Crown in the United Kingdom, acting in the course of that person's duty."

15.  For regulation 20 (Treasury licences), substitute-

"Financial sanctions licences

20.-(1) The prohibitions in regulations 11 to 15 (asset-freeze etc.) do not apply to anything done under the authority of a licence issued by the Governor under this paragraph.

(2) The Governor may issue a financial sanctions licence only with the consent of the Secretary of State.

(3) The Governor may issue a financial sanctions licence which authorises acts by a particular person only where the Governor considers that it is appropriate to issue the licence for a purpose set out in Schedule 2.

(4) A financial sanctions licence-

(a) must specify the acts authorised by it;

(b) may be general or may authorise acts by a particular person or persons of a particular description;

(c) may-

(i) contain conditions;

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

(5) Where the Governor issues a financial sanctions licence, the Governor may, with the consent of the Secretary of State, vary, revoke or suspend it at any time.

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

(7) Where the Governor issues, varies, revokes or suspends a financial sanctions licence which is general or which authorises acts by persons of a particular description, the Governor must take such steps as the Governor considers appropriate to publicise the issue, variation, revocation or suspension of the licence."

16.  In regulation 21 (finance: licensing offences), for "Treasury licence", in both places it occurs, substitute "financial sanctions licence".

17.  For regulation 22 (section 8B(1) to (3) of the Immigration Act 1971: directions) substitute-

"Immigration directions

22.-(1) The Governor may, with the consent of the Secretary of State, direct that, in relation to any person falling within regulation 17 (immigration) whose name is specified, or who is of a specified description, that regulation has effect subject to specified exceptions.

(2) A direction under this regulation-

(a) may contain conditions;

(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).

(3) The Governor may, with the consent of the Secretary of State, vary, revoke or suspend a direction under this regulation at any time.

(4) On the issue, variation, revocation or suspension of a direction under this regulation, the Governor may take such steps as the Governor considers appropriate to publicise the issue, variation, revocation or suspension of the direction.

(5) In this regulation, "specified" means specified in a direction under this regulation."

18.  In regulation 23 (finance: reporting obligations)-

(a) for "Treasury", in each place it occurs, substitute "Governor";

(b) for paragraph (5) substitute-

"(5) A relevant institution must inform the Governor without delay if that institution credits a frozen account in accordance with regulation 18(4) (finance: exceptions from prohibitions)."

19.  For regulation 24 ("relevant firm") substitute-

"24.-(1) The following are relevant firms for the purposes of regulation 23-

(a) a relevant institution;

(b) an undertaking that by way of business-

(i) operates a currency exchange office,

(ii) transmits money (or any representation of monetary value) by any means, or

(iii) cashes cheques that are made payable to customers;

(c) a firm or sole practitioner that provides to other persons, by way of business-

(i) accountancy services,

(ii) advice about tax affairs,

(iii) auditing services,

(iv) legal or notarial services, or

(v) trust or company services;

(d) a firm or sole practitioner that carries out, or whose employees carry out, estate agency work;

(e) the holder of a licence to operate a casino in the Territory;

(f) a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging-

(i) articles made from gold, silver, platinum or palladium, or

(ii) precious stones or pearls.

(2) For the purposes of paragraph (1), the following definitions apply-

"estate agency work", in relation to the Territory, is to be read in accordance with section 1 of the Estate Agents Act 1979(9), but as if references in that section to disposing of or acquiring an interest in land included (despite anything in section 2 of that Act) references to disposing of or acquiring an estate or interest in land outside the Territory where that estate or interest is capable of being owned or held as a separate interest;

"firm" means any entity that, whether or not a legal person, is not an individual, and includes a body corporate and a partnership or other unincorporated body;

"relevant institution" has the same meaning as it has in regulation 18;

"trust or company services" means any of the following services-

(3) For the purposes of regulation 23(1), information or another matter comes to a relevant firm "in the course of carrying on its business" if the information or other matter comes to the firm-

(a) in the case of a relevant firm within paragraph (1)(a), in the course of carrying on an activity in respect of which permission under Part 4A of the Financial Services and Markets Act 2000 would be required if it had its registered office (or if it does not have one, its head office) in the United Kingdom, and

(b) in the case of a relevant firm within any other provision of paragraph (1), in the course of carrying on an activity mentioned in that provision."

20.  In regulation 25 (finance: powers to request information)-

(a) in paragraph (1), for "The Treasury" substitute "An authorised officer";

(b) in paragraph (2)-

(i) for "The Treasury", in the first place it occurs, substitute "An authorised officer";

(ii) for "the Treasury", in the second place it occurs, substitute "the authorised officer";

(c) in paragraph (4), for "the Treasury believe" substitute "the authorised officer believes";

(d) in paragraph (5)-

(i) for "The Treasury" substitute "An authorised officer";

(ii) for "Treasury licence" substitute "financial sanctions licence";

(e) for paragraph (6) substitute-

"(6) An authorised officer may request a person to provide information within paragraph (7) if the authorised officer believes that the person may be able to provide the information."

(f) in paragraph (7)-

(i) for "the Treasury" substitute "the authorised officer";

(ii) in sub-paragraph (b)(iii), for "Treasury licence" substitute "financial sanctions licence";

(g) in paragraph (8), for "The Treasury" substitute "The authorised officer";

(h) in paragraph (10), for "the Treasury", in both places it occurs, substitute "the authorised officer".

21.  In regulation 26 (finance: production of documents)-

(a) in paragraph (2), for "the Treasury request that documents be produced, the Treasury" substitute "an authorised officer requests that documents be produced, the authorised officer";

(b) for paragraph (3), substitute-

"(3) Where an authorised officer requests a designated person or a person acting under a financial sanctions licence to produce documents, that person must-

(a) take reasonable steps to obtain the documents (if they are not already in the person's possession or control);

(b) keep the documents under the person's possession or control (except for the purpose of providing them to the authorised officer or as the authorised officer may otherwise permit)."

22.  In regulation 27 (finance: information offences), in paragraph (1)(d), for "the Treasury" substitute "an authorised officer".

23.  In regulation 28 (disclosure of information)-

(a) in paragraph (1), for "Secretary of State or the Treasury" substitute "Governor or an authorised officer";

(b) in paragraph (2)-

(i) after sub paragraph (c) insert-

"(ca) taking any action with a view to instituting, or otherwise for the purposes of, any proceedings in the Territory for an offence under any provisions of these Regulations;";

(ii) in sub-paragraph (d)(i), after "Regulations" insert "(as they have effect in the United Kingdom)";

(iii) in sub-paragraph (e), after "any British overseas territory" insert "other than the Territory";

(iv) in sub-paragraph (g), for "United Kingdom" substitute "Territory";

(c) in paragraph (3)-

(i) in sub-paragraph (f), for "United Kingdom" substitute "Territory";

(ii) in sub-paragraph (j), for "Secretary of State or the Treasury (as the case may be) consider" substitute "Governor considers".

24.  In regulation 29 (Part 6: supplementary)-

(a) for paragraph (2) substitute-

"(2) But nothing in that regulation authorises a disclosure that would contravene the data protection legislation if that legislation were applicable to the Territory."

(b) in paragraph (5), for "Treasury licence" substitute "financial sanctions licence";

(c) after paragraph (5) insert-

"(5A) An authorised officer must, if requested to do so, produce evidence of their authority before exercising any power conferred by this Part."

(d) in paragraph (6), in the definition of "privileged information", omit "(in Scotland, to confidentiality of communications)".

25.  In Part 7 (Enforcement), at the beginning insert-

"Search warrants

29A.-(1) A magistrate or justice of the peace may issue a search warrant if satisfied by information on oath that-

(a) there is reasonable cause to suspect that a relevant offence under these Regulations has been, or is being, or is about to be, committed, and

(b) evidence in relation to the offence is to be found on a ship, aircraft, vehicle or premises specified in the information.

(2) A search warrant issued under this regulation is a warrant empowering an authorised officer to enter and search the ship, aircraft, vehicle or premises specified in the information, at any time within one month from the date of the warrant.

(3) The powers conferred on an authorised officer by a search warrant under this regulation include powers to-

(a) in the case of a power to enter a ship, aircraft or vehicle, stop that ship, aircraft or vehicle;

(b) enter any land, where such entry appears to the authorised officer to be necessary in order to enter the ship, aircraft, vehicle or premises specified in the information;

(c) take such other persons and such equipment on to the ship, aircraft, vehicle or premises as appear to the authorised officer to be necessary;

(d) inspect and seize any thing found in the course of a search if the authorised officer has reasonable cause to suspect that-

(i) it is evidence in relation to a relevant offence under these Regulations, or

(ii) it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed;

(e) take copies of any document.

(4) An authorised officer who enters a ship, aircraft, vehicle or premises under a search warrant issued under this regulation may-

(a) search any person found on the ship, aircraft, vehicle or premises whom the officer has reasonable cause to suspect to be in possession of any thing which may be required as evidence for the purposes of proceedings in respect of a relevant offence under these Regulations, and

(b) seize any such thing found in such a search.

(5) Any thing seized under paragraphs (3)(d) or (4)(b) may be retained for so long as is necessary in all the circumstances.

(6) A search of a person under paragraph (4)(a) must be carried out by a person of the same sex.

(7) An authorised officer may use reasonable force, if necessary, in the exercise of any power conferred by this regulation.

(8) An authorised officer must, if requested to do so, produce evidence of their authority before exercising any power conferred by this regulation.

(9) Nothing in this regulation affects any other provision of law conferring powers, imposing restrictions or enabling restrictions to be imposed in respect of ships, aircraft or vehicles.

(10) For the purposes of this regulation-

"aircraft" has the same meaning as it has in section 6(9) of the Act;

"information on oath" includes any other form of application for a search warrant applicable in the Territory;

"justice of the peace" includes other competent judicial authorities within the Territory responsible for issuing search warrants;

"relevant offence" means an offence which is punishable with a term of imprisonment of more than 6 months;

"ship" has the same meaning as it has in section 7(14) of the Act;

"vehicle" means a land transport vehicle."

26.  For regulation 30 (penalties for offences) substitute-

"30.-(1) Paragraphs (3) to (5) apply to-

(a) Anguilla;

(b) British Antarctic Territory;

(c) British Indian Ocean Territory;

(d) Cayman Islands;

(e) Montserrat;

(f) Pitcairn, Henderson, Ducie and Oeno Islands;

(g) Turks and Caicos Islands;

(h) Virgin Islands.

(2) Paragraphs (6) to (8) apply to-

(a) Falkland Islands;

(b) St Helena, Ascension and Tristan da Cunha;

(c) South Georgia and the South Sandwich Islands;

(d) the Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus.

(3) A person who commits an offence under any provision of Part 3 (Finance) or regulation 21 (finance: licensing offences) 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 7 years, or a fine, or both.

(4) A person who commits an offence under regulation 9(6) (confidentiality) 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.

(5) A person who commits an offence under regulation 23(6) or 27 (information offences in connection with Part 3) is liable, 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.

(6) A person who commits an offence under any provision of Part 3 (Finance) or regulation 21 (finance: licensing offences) is liable on conviction to imprisonment for a term not exceeding 7 years, or a fine, or both.

(7) A person who commits an offence under regulation 9(6) (confidentiality) is liable on conviction to imprisonment for a term not exceeding 2 years, or a fine, or both.

(8) A person who commits an offence under regulation 23(6) or 27 (information offences in connection with Part 3) is liable on 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.

(9) Where a fine in this regulation is expressed to be a sum in sterling or its equivalent in the currency of the Territory, the Governor may issue guidance specifying how to calculate the amount in the currency of the Territory which is to be considered equivalent to that sum in sterling."

27.  For regulation 32 (jurisdiction to try offences) substitute-

"32.  Wherever an offence under these Regulations is committed (whether in the Territory or outside the Territory)-

(a) proceedings for the offence may be taken at any place in the Territory, and

(b) the offence may for all incidental purposes be treated as having been committed at any such place."

28.  After regulation 32 (jurisdiction to try offences), insert-

"Consent to prosecutions

32A.-(1) Proceedings for an offence under these Regulations must not be instituted in the Territory except with the consent of the principal public officer of the Territory responsible for criminal prosecutions.

(2) Nothing in paragraph (1) prevents-

(a) the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of an offence under these Regulations, or

(b) the remand in custody or on bail of any person charged with such an offence."

29.  For regulation 33 (procedure for offences by unincorporated bodies) substitute-

"33.  Any provision in an enactment which applies in the Territory in relation to criminal proceedings brought against a body corporate applies also for the purposes of proceedings in the Territory for an offence under these Regulations brought against an unincorporated body."

30.  In regulation 34 (time limit for proceedings for summary offences), omit paragraph (4).

31.  Omit regulation 35 (application of Chapter 1 of Part 2 of the Serious Organised Crime and Police Act 2005(10)) (including the heading).

32.  In regulation 36 (notices)-

(a) in paragraph (1), for "regulation 20 (Treasury licences)" substitute "regulation 20 (financial sanctions licences)";

(b) in paragraph (5)(b), for "United Kingdom", in both places it occurs, substitute "Territory";

(c) in paragraph (6), in the definition of "registered company", for "United Kingdom" substitute "Territory".

33.  Omit regulation 37 (revocation of the Burundi Council Regulation) (including the heading).

34.  Omit regulations 38 and 39 (other revocations and amendments) (including the heading).

35.  In regulation 40 (transitional provision: Treasury licences)-

(a) in the heading, for "Treasury licences" substitute "financial sanctions licences";

(b) in paragraph (1)(a), for "Treasury under regulation 9 of the 2015 Regulations" substitute "Governor under article 7 of the 2015 Order";

(c) in paragraph (2), for "Treasury under regulation 20(1) (treasury licences)" substitute "Governor under regulation 20(1) (financial sanctions licences)";

(d) in paragraph (3), for "2015 Regulations" substitute "2015 Order";

(e) in paragraph (4), before sub-paragraph (a), insert-

"(za) the 2015 Order,";

(f) in paragraph (5)(a), for "2015 Regulations" substitute "2015 Order";

(g) in paragraph (6), for "(treasury licences)" substitute "(financial sanctions licences)";

(h) in paragraph (7)-

(i) at the appropriate place, insert-

""the 2015 Order" means the Burundi (Sanctions) (Overseas Territories) Order 2015(11);";

(ii) for the definition of "the relevant date" substitute-

""the relevant date" means the date on which Part 3 comes into force."

36.  In regulation 41 (transitional provisions: prior obligations)-

(a) in paragraph (2)(b), for "(Treasury licences purposes)" substitute "(financial sanctions licences: purposes)";

(b) in paragraph (3), for the definition of "the relevant date" substitute-

""the relevant date" means the date on which Part 3 comes into force."

37.  In Schedule 2 (Treasury licences: purposes)-

(a) in the heading, for "Treasury licences" substitute "Financial sanctions licences";

(b) in the shoulder note, for "Regulation 20(2)" substitute "Regulation 20(3)";

(c) in the definition of "frozen funds or economic resources" in paragraph 1, for "the designation of that person for the purpose of that regulation" substitute "that person being a designated person for the purposes of Part 3 (Finance) as defined in regulation 10 (meaning of "designated person" in Part 3)";

(d) in paragraph 6(b)(ii) (pre-existing judicial decisions etc), for "United Kingdom" substitute "Territory".

EXPLANATORY NOTE

(This note is not part of the Order)

This Order extends with modifications the Burundi (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/1142) ("the Burundi Sanctions Regulations") as amended from time to time to all British overseas territories except Bermuda and Gibraltar (which implement sanctions under their own legislative arrangements).

Section 63(3)(c) of the Sanctions and Anti-Money Laundering Act 2018 (c.13) ("the Sanctions Act") provides that Her Majesty may by Order in Council provide for any provision of Part 1 of that Act, or any regulations under Part 1 of that Act, to extend with or without modifications to any of the British overseas territories. Section 63(4) provides that this includes the power to extend any regulations as amended from time to time.

The Burundi Sanctions Regulations were made under Part 1 of the Sanctions Act to establish a sanctions regime for the purpose of encouraging the Government of Burundi to (a) respect democratic principles and institutions, the rule of law and good governance in Burundi; (b) participate in negotiations with its political opponents in good faith to bring about a peaceful solution to the political situation in Burundi; (c) refrain from policies or activities which repress civil society in Burundi; (d) comply with international human rights law and to respect human rights, including in particular, to respect (i) the right to life of persons in Burundi; (iii) the right of persons not to be subjected to torture or cruel, inhuman or degrading treatment or punishment in Burundi, including in the context of rape, other forms of sexual violence and gender based violence; (iii) the right to liberty and security of persons in Burundi, including freedom from arbitrary arrest, detention or enforced disappearance; (iv) the rights of journalists, human rights defenders and other persons in Burundi, to freedom of expression and peaceful assembly.

The Burundi Sanctions Regulations, as modified and extended to the British overseas territories listed in Schedule 1 by this Order ("the modified Regulations"), provide that a person designated by the Secretary of State for being, or having been, involved in specified activities, is a designated person for the purposes of the modified Regulations. Designated persons may be excluded from a territory and may be made subject to financial sanctions, including having their funds or economic resources frozen.

The modified Regulations provide for certain exceptions to this sanctions regime (for example to allow for frozen accounts to be credited with interest or other earnings and to allow acts done for the purpose of national security or the prevention of serious crime). The Governor of a British overseas territory to which the modified Regulations extend may, with the consent of the Secretary of State, issue a licence in respect of activities that would otherwise be prohibited under the modified Regulations. Schedule 2 sets out the purposes for which the Governor may issue such licences. The modified Regulations also require the Governor of the territory to publish an up-to-date list of designated persons.

The modified Regulations prescribe powers for the provision and sharing of information to enable the effective implementation and enforcement of the sanctions regime. The modified Regulations also prescribe enforcement powers for the issue of a search warrant. The modified Regulations make it a criminal offence to contravene, or circumvent, any of the prohibitions in the modified Regulations and prescribe the penalties that apply to such offences.

This Order also extends to the territories for the purposes of the modified Regulations specific provisions of Part 1 of the Sanctions Act, namely provisions relating to protection for acts done for purposes of compliance, Crown application and saving for prerogative powers.

The modifications set out in Schedule 2 to this Order include modifications to provisions in the Burundi Sanctions Regulations which are prospectively amended by the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590) and the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 4) Regulations 2020 (S.I. 2020/951) ("the amending regulations"). Therefore, article 1(1) provides that this Order comes into force immediately after both the amending regulations have come into force in the United Kingdom. The amending regulations will be brought into force on a day yet to be appointed by the Secretary of State in regulations under section 56 of the Sanctions Act.

An Impact Assessment has not been prepared for this instrument: the territorial extent of the instrument and the modified Regulations is the British overseas territories listed in Schedule 1, and no, or no significant, impact is foreseen on the private, voluntary or public sectors in the United Kingdom.