uksi/2020/642 — The Somalia (Sanctions) (EU Exit) Regulations 2020

2020 No. 642 Exiting The European Union Sanctions The Somalia (Sanctions) (EU Exit) Regulations 2020 Made 25th June 2020 Laid before Parliament 29th June 2020 Coming into force in accordance with regulation 1(2) The Secretary of State , in exercise of the powers conferred by sections 1(1)(a), (c) and (3), 3(1)(a), (b)(i) and (ii), (d)(i) and (ii), 4, 5, 9(2), 10(2) to (4), 11, 13, 15(2)(a) and (b), (3), (4)(b), (5) and (6), 16, 17, 19, 20, 21(1), 54(1) and (2), 56(1) and 62(4) to (6) of, and paragraphs, 2(a)(i) and (b), 3(a) and (b), 4(a)(i) and (b) to (d), 5(a)(i), (ii) and (b), 6(a)(i), (ii) and (b), 7(b), 10(a)(i) and (b), 11(a)(i) and (ii), 13(a) to (c), (g), (h), (i), (k), (l), (m), (n), (q) and (w), 14(a), (f) and (k), and 17(a), 20, 21, 23 and 27 of Schedule 1 to, the Sanctions and Anti-Money Laundering Act 2018 , and having decided, upon consideration of the matters set out in section 2(2) and 56(1) of that Act, that it is appropriate to do so, makes the following Regulations: PART 1 General Citation and commencement 1 1 These Regulations may be cited as the Somalia (Sanctions) (EU Exit) Regulations 2020. 2 These Regulations come into force in accordance with regulations made by the Secretary of State under section 56 of the Act. Interpretation 2 In these Regulations— “ the Act ” means the Sanctions and Anti-Money Laundering Act 2018; “ arrangement ” includes any agreement, understanding, scheme, transaction or series of transactions, whether or not legally enforceable (but see Schedule 1 for the meaning of that term in that Schedule); “ CEMA ” means the Customs and Excise Management Act 1979 ; “ the Commissioners ” means the Commissioners for Her Majesty's Revenue and Customs; “ the Committee ” means the Committee of the United Nations Security Council established in accordance with paragraph 11 of resolution 751 and paragraph 31 of resolution 2713 ; “ conduct ” includes acts and omissions; “ director disqualification licence ” means a licence under regulation 47A; “ document ” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include producing a copy of the information in legible form; “ the Dual-Use Regulation ” means Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items; “ the EU Somalia Regulation 1 ” means Council Regulation (EU) No 147/2003 of 27 January 2003 concerning certain restrictive measures in respect of Somalia as it has effect in EU law; “ the EU Somalia Regulation 2 ” means Council Regulation (EU) No 356/2010 of 26 April 2010 imposing certain specific restrictive measures directed against certain natural or legal persons, entities or bodies, in view of the situation in Somalia as it has effect in EU law; “ humanitarian assistance activity ” includes the work of international and non-governmental organisations carrying out relief activities in Somalia for the benefit of the civilian population there; “ IED component goods ” has the meaning given in regulation 19(1); “ IED components technology ” has the meaning given in regulation 19(1); ... “ resolution 751 ” means resolution 751 (1992) adopted by the Security Council on 24 April 1992; ... “ resolution 1844 ” means resolution 1844 (2008) adopted by the Security Council on 20 November 2008; “ resolution 2002 ” means resolution 2002 (2011) adopted by the Security Council on 29 July 2011; “ resolution 2036 ” means resolution 2036 (2012) adopted by the Security Council on 22 February 2012; “ resolution 2060 ” means resolution 2060 (2012) adopted by the Security Council on 25 July 2012; “ resolution 2093 ” means resolution 2093 (2013) adopted by the Security Council on 6 March 2013; ... “ resolution 2444 ” means resolution 2444 (2018) adopted by the Security Council on 14 November 2018; “ resolution 2498 ” means resolution 2498 (2019) adopted by the Security Council on 15 November 2019; “resolution 2551” means resolution 2551 (2020) adopted by the Security Council on 12 November 2020; “ resolution 2713 ” means resolution 2713 (2023) adopted by the Security Council on 1 December 2023; “ trade licence ” means a licence under regulation 48; “ Treasury licence ” means a licence under regulation 47; “ United Kingdom person ” has the same meaning as in section 21 of the Act. Application of prohibitions and requirements outside the United Kingdom 3 1 A United Kingdom person may contravene a relevant prohibition by conduct wholly or partly outside the United Kingdom. 2 Any person may contravene a relevant prohibition by conduct in the territorial sea. 3 In this regulation a “ relevant prohibition ” means any prohibition imposed by— a regulation 9(2) (confidential information), b Part 3 (Finance), c Part 5 (Trade), or d a condition of a Treasury licence or a trade licence. 4 A United Kingdom person may comply, or fail to comply, with a relevant requirement by conduct wholly or partly outside the United Kingdom. 5 Any person may comply, or fail to comply, with a relevant requirement by conduct in the territorial sea. 6 In this regulation a “ relevant requirement ” means any requirement imposed— a by or under Part 7 (Information and records), or by reason of a request made under a power conferred by that Part, or b by a condition of a Treasury licence or a trade licence. 7 Nothing in this regulation is to be taken to prevent a relevant prohibition or a relevant requirement from applying to conduct (by any person) in the United Kingdom. Purposes 4 1 The regulations contained in this instrument that are made under section 1 of the Act have the following purposes— a compliance with the relevant UN obligations, and b the additional purposes mentioned in paragraph (2). 2 Those additional purposes are— a promoting the peace, stability and security of Somalia; aa supporting the Federal Government of Somalia to promote peace, stability, security and the rule of law; b supporting the Federal Government of Somalia in its efforts to reconstruct the country; ba countering terrorist and armed groups – including, but not limited to, Al-Shabaab – which operate in, from, or pose a threat to, Somalia, including by— i tackling the flow and supply of arms, weapons and ammunition to Somalia contrary to paragraph 4 of resolution 2713 (arms embargo on Al-Shabaab); ii disrupting the financing of terrorism; iii reducing the threat posed by IED component goods and IED component technology; bb supporting the Federal Government of Somalia to counter the threats posed by terrorist and armed groups – including, but not limited to, Al-Shabaab – which operate in, from, or pose a threat to, Somalia; c promoting the effective delivery of the mandates of the regional and international monitoring, peace-support and protection and training missions and mechanisms in Somalia including— i the African Union Transition Mission in Somalia ..., ii the United Nations Assistance Mission in Somalia , iii the United Nations Support Office in Somalia , iv the European Union Training Mission in Somalia , and v the Panel of Experts on Somalia ; d promoting respect for humanitarian assistance activities in Somalia; e promoting compliance with the rules of international humanitarian law applicable to the armed conflicts in Somalia; f promoting respect for human rights in Somalia, including, in particular, respect for— i the right to life of persons in Somalia; ii the right of persons in Somalia not to be held in slavery or required to perform forced or compulsory labour; iii the right of persons not to be subjected to cruel, inhuman or degrading treatment or punishment in Somalia; iv the right to liberty and security of persons in Somalia, including freedom from arbitrary arrest, unlawful detention or enforced disappearance; v the right to a fair trial of persons charged with criminal offences in Somalia; vi the right of journalists, human rights defenders, civil society activists and other persons in Somalia to freedom of expression and peaceful assembly; vii the enjoyment of rights and freedoms in Somalia without discrimination, including on the basis of a person's sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status, otherwise than by compliance with the relevant UN obligations. 3 In this regulation, “ the relevant UN obligations ” means the obligations that the United Kingdom has by virtue of— a paragraph 4 of resolution 2713 (arms embargo on Al-Shabaab); b paragraph 3 of resolution 1844 (asset-freeze etc.) to take the measures required by that provision in respect of persons for the time being named for the purposes of that provision by the Security Council or the Committee; c the obligations that the United Kingdom has by virtue of paragraph 3 of resolution 1844 (asset-freeze etc.) in respect of persons— i acting on behalf of or at the direction of, or ii owned or controlled by, the persons for the time being named by the Security Council or the Committee for the purposes of paragraph 3 of resolution 1844; d paragraph 7 of resolution 1844 (targeted arms embargo) to take the measures required by that provision in respect of persons for the time being named for the purposes of that provision by the Security Council or the Committee; e paragraph 22 of resolution 2036 (charcoal ban); and f paragraph 26 of resolution 2498 and paragraph 26 of resolution 2551 (IED components ban). 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 In paragraphs (3)(b) to (d), any reference to persons named by the Security Council or Committee for the purposes of a provision mentioned therein includes persons so named by virtue of— a paragraph 8 of resolution 1844; b paragraphs 1, 2 and 3 of resolution 2002; c paragraph 23 of resolution 2036; d paragraph 1, 2 and 3 of resolution 2060; e paragraph 43 of resolution 2093; ... f paragraph 50 of resolution 2444 ; and g paragraph 25 of resolution 2713. PART 2 Designation of persons Power to designate persons 5 1 The Secretary of State may designate persons by name in accordance with regulation 5A (conditions for the designation of persons by name) for the purposes of any of the following— a regulations 12 to 16 (asset freeze etc.); aa regulation 17A (director disqualification sanctions); b regulation 18 (immigration); c regulations 28 to 34 (targeted arms embargo) and regulation 35 (enabling or facilitating the conduct of armed hostilities: designated persons). 2 The Secretary of State may designate different persons for the purposes of different provisions mentioned in paragraph (1). Conditions for the designation of persons by name 5A 1 The Secretary of State may choose whether to designate a person under regulation 5 (power to designate persons) under— a the standard procedure, or b the urgent procedure. 2 Paragraph (3) applies where the Secretary of State chooses to designate a person under regulation 5 under the standard procedure. 3 The Secretary of State may not designate a person except where condition A is met. 4 Condition A is that the Secretary of State has reasonable grounds to suspect that that person is an involved person. 5 Paragraphs (6) to (8) apply where the Secretary of State chooses to designate a person under regulation 5 under the urgent procedure. 6 The Secretary of State may designate a person where condition A is not met, but conditions B and C are met. 7 The person ceases to be a designated person at the end of the period of 56 days beginning with the day following the day on which the person became a designated person unless, within that period, the Secretary of State certifies that— a condition A is met, or b conditions B and C continue to be met. 8 Where the Secretary of State makes a certification under paragraph (7)(b), the designation ceases to have effect at the end of the period of 56 days beginning with the day immediately following the period mentioned in paragraph (7), unless within that period the Secretary of State certifies that condition A is met. 9 Condition B is that relevant provision (whenever made) applies to, or in relation to, the person under the law of— a the United States of America; b the European Union; c Australia; d Canada. 10 Condition C is that the Secretary of State considers that it is in the public interest to make designations under the urgent procedure. 11 For the purposes of condition B, “relevant provision” is provision that the Secretary of State considers— a corresponds, or is similar, to the type of sanction or sanctions in these Regulations, or b is made for purposes corresponding, or similar, to any purpose of any type of sanction or sanctions in these Regulations. 12 In this regulation, “ involved person ” has the meaning given in regulation 6 (designation criteria: meaning of “involved person”). Designation criteria: meaning of “involved person” 6 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 For the purposes of regulation 5A (conditions for the designation of persons by name) , an “ involved person ” means a person who— a is or has been involved in a relevant activity, b is owned or controlled directly or indirectly (within the meaning of regulation 7) by a person who is or has been so involved, c is acting on behalf of or at the direction of a person who is or has been so involved, or d is a member of, or associated with, a person who is or has been so involved. 3 In this regulation a “ relevant activity ” means— a the commission of a serious human rights violation or abuse, or violation of international humanitarian law in Somalia, including in particular, in relation to— i deliberate targeting of civilians, schools and hospitals; ii rape and other forms of sexual and gender-based violence; iii recruitment or use of children in armed conflicts; iv abduction or enforced disappearances; v the forced displacement of civilians; vi any of the rights referred to in regulation 4(2)(f); b obstruction of the delivery or distribution of, or access to, humanitarian assistance in Somalia; c an attack against, or obstruction of, diplomatic personnel in Somalia, or the regional or international monitoring, peace-support or protection and training missions and mechanisms mentioned in ... regulation 4(2)(c); d the misappropriation of Somali state funds, or taking action that may lead to such misappropriation; e the resale, supply or delivery, transfer or making available of Somali military goods or technology to, or for use by, any person who is not a relevant entity; f the illicit export of charcoal from Somalia or the direct or indirect import of charcoal from Somalia; fa association or affiliation with, or activity in support of, terrorist or armed groups, including— i the provision or supply of arms, weapons or ammunition where such flow or supply is not in compliance with paragraph 4 of resolution 2713 (arms embargo on Al-Shabaab); ii the provision of IED components goods or IED components technology to a terrorist or armed group; iii recruitment of persons to terrorist or armed groups; iv the dissemination of extremist material ; g any other acts that threaten the peace, security or stability of Somalia, including, in particular, acts that threaten the peace and reconciliation process in Somalia, or obstruct, undermine or threaten the Federal Government of Somalia and the political process in Somalia. 4 Any reference in this regulation to being involved in a relevant activity includes being so involved in whatever way, and wherever, any actions constituting the involvement take place, and in particular includes— a being responsible for, engaging in, providing support for, or promoting, any such activity; b providing financial services, or making available funds or economic resources, that could contribute to any such activity; c being involved in the unauthorised supply of military goods or military technology to Somalia, or in providing financial services or other assistance relating to such supply; d being involved in any trade in goods which could contribute to acts which threaten the peace, security or stability of Somalia, including, in particular, trade via ports controlled by Al-Shabaab which benefits a designated person; e assisting the contravention or circumvention of any relevant provision. 5 In this regulation— a “ relevant provision ” means— i any provision of Part 3 (Finance) or Part 5 (Trade); ii any provision of the law of a country other than the United Kingdom made for purposes corresponding to a purpose of any provision of Part 3 or Part 5; iii any provision of the resolutions mentioned in regulation 4(3); b “ relevant entity ” in relation to Somali military goods or technology, means— i the intended original recipient of Somali military goods or technology, ii any regional or international monitoring, peace-support or protection and training missions and mechanisms in Somalia including those mentioned in regulation 4(2)(c), or iii any person employed by, or otherwise acting under the direction or control of any of the entities mentioned in (i) or (ii); c “ Somali military goods or technology ” means military goods or military technology exported, supplied or delivered, transferred or made available, to or for the benefit of— i the Somali National Security Forces, or ii a Federal or other state security institution in Somalia providing security for the people of Somalia ; d “ extremist material ” means that which— i promotes an extremist ideology, or ii foments, justifies or glorifies terrorist violence; e “ extremist ideology ” means the promotion or advancement of an ideology based on violence, hatred or intolerance that aims to— i negate or destroy the fundamental rights or freedoms of others, ii undermine, overturn or replace democracy or democratic rights, or iii intentionally create a permissive environment for others to achieve the results in (i) or (ii). 6 Nothing in any sub-paragraph of paragraphs (3) or (4) is to be taken to limit the meaning of any of the other sub-paragraphs of those paragraphs. 7 In this regulation, “military goods” and “military technology” have the meanings given by Part 5. Meaning of “owned or controlled directly or indirectly” 7 1 A person who is not an individual (“C”) is “owned or controlled directly or indirectly” by another person (“P”) if either of the following two conditions is met (or both are met). 2 The first condition is that P— a holds directly or indirectly more than 50% of the shares in C, b holds directly or indirectly more than 50% of the voting rights in C, or c holds the right directly or indirectly to appoint or remove a majority of the board of directors of C. 3 Schedule 1 contains provision applying for the purpose of interpreting paragraph (2). 4 The second condition is that it is reasonable, having regard to all the circumstances, to expect that P would (if P chose to) be able, in most cases or in significant respects, by whatever means and whether directly or indirectly, to achieve the result that affairs of C are conducted in accordance with P's wishes. Notification and publicity where designation power used 8 1 Paragraph (2) applies where the Secretary of State— a has made a designation under regulation 5, or b has by virtue of section 22 of the Act varied or revoked a designation made under that regulation. 2 The Secretary of State— a must without delay take such steps as are reasonably practicable to inform the designated person of the designation, variation or revocation, and b must take steps to publicise the designation, variation or revocation. 3 The information given under paragraph (2)(a)— a where the Secretary of State designates a person under the standard procedure, must include a statement of reasons; b where the Secretary of State designates a person under the urgent procedure, must include a statement— i that the designation is made under the urgent procedure, ii identifying the relevant provision by reference to which the Secretary of State considers that condition B is met in relation to the person, and iii setting out why the Secretary of State considers that condition C is met. 3A Where the Secretary of State designates a person under the urgent procedure, the Secretary of State must, after the end of the period mentioned in paragraph (7) of regulation 5A (conditions for the designation of persons by name) or, if the Secretary of State has made a certification under paragraph (7)(b) of that regulation, the period mentioned in paragraph (8) of that regulation, but otherwise without delay— a in a case where the person ceases to be a designated person, take such steps as are reasonably practicable to inform the person that they have ceased to be a designated person, or b in any other case, take such steps as are reasonably practicable to give the person a statement of reasons. 4 In this regulation, a “ statement of reasons ” means a brief statement of the matters that the Secretary of State knows, or has reasonable grounds to suspect, in relation to the person— a in the case of a designation under the standard procedure, which have led the Secretary of State to make the designation, and b in the case of a designation under the urgent procedure, as a result of which the person does not cease to be a designated person at the end of the period mentioned in regulation 5A(7) or (8) (as the case may be). 5 Matters that would otherwise be required by paragraph (4) to be included in a statement of reasons may be excluded from it where the Secretary of State considers that they should be excluded— a in the interests of national security or international relations, b for reasons connected with the prevention or detection of serious crime in the United Kingdom or elsewhere, or c in the interests of justice. 6 The steps taken under paragraph (2)(b) must— a unless one or more of the restricted publicity conditions is met, be steps to publicise generally— i the designation, variation or revocation, and ii in the case of a designation, the statement of reasons; b if one or more of those conditions is met, be steps to inform only such persons as the Secretary of State considers appropriate of the designation, variation or revocation and (in the case of a designation) of the contents of the statement of reasons. 7 The “restricted publicity conditions” are as follows— a the designation is of a person believed by the Secretary of State to be an individual under the age of 18; b the Secretary of State considers that disclosure of the designation, variation or revocation should be restricted— i in the interests of national security or international relations, ii for reasons connected with the prevention or detection of serious crime in the United Kingdom or elsewhere, or iii in the interests of justice. 8 Paragraph (9) applies if— a when a designation is made one or more of the restricted publicity conditions is met, but b at any time when the designation has effect, it becomes the case that none of the restricted publicity conditions is met. 9 The Secretary of State must— a take such steps as are reasonably practicable to inform the designated person that none of the restricted publicity conditions is now met, and b take steps to publicise generally the designation and the statement of reasons relating to it. Confidential information in certain cases where designation power used 9 1 Where the Secretary of State in accordance with regulation 8(7)(b) informs only certain persons of a designation, variation or revocation and (in the case of a designation) of the contents of the statement of reasons, the Secretary of State may specify that any of that information is to be treated as confidential. 2 A person (“P”) who— a is provided with information that is to be treated as confidential in accordance with paragraph (1), or b obtains such information, must not, subject to paragraph (3), disclose it if P knows, or has reasonable cause to suspect, that the information is to be treated as confidential. 3 The prohibition in paragraph (2) does not apply to any disclosure made by P with lawful authority. 4 For this purpose information is disclosed with lawful authority only if and to the extent that— a the disclosure is by, or is authorised by, the Secretary of State, b the disclosure is by or with the consent of the person who is or was the subject of the designation, c the disclosure is necessary to give effect to a requirement imposed under or by virtue of these Regulations or any other enactment, or d the disclosure is required, under rules of court, tribunal rules or a court or tribunal order, for the purposes of legal proceedings of any description. 5 This regulation does not prevent the disclosure of information that is already, or has previously been, available to the public from other sources. 6 A person who contravenes the prohibition in paragraph (2) commits an offence. 7 The High Court (in Scotland, the Court of Session) may, on the application of— a the person who is the subject of the information, or b the Secretary of State, grant an injunction (in Scotland, an interdict) to prevent a breach of the prohibition in paragraph (2). 8 In paragraph (4)(c), “ enactment ” has the meaning given by section 54(6) of the Act. Designation of persons named by or under UN Security Council Resolutions 10 1 Each person for the time being named by the Security Council or the Committee for the purposes of paragraph 3 of resolution 1844 is a designated person for the purposes of regulations 12 to 16 (asset-freeze etc.) (whose purposes include compliance with the UN obligations mentioned in regulation 4(3)(b) ). 2 Each person for the time being named by the Security Council or the Committee for the purposes of paragraph 7 of resolution 1844 is a designated person for the purposes of regulations 28 to 34 (targeted arms embargo) and regulation 35 (enabling or facilitating the conduct of armed hostilities: designated persons) (whose purposes include compliance with the UN obligations mentioned in regulation 4(3)(d)). 3 Nothing in this regulation affects the power under regulation 5 to designate persons (in addition to those designated by this regulation) for the purpose of those regulations mentioned in paragraphs (1) and (2). PART 3 Finance Meaning of “designated person” in Part 3 11 In this Part a “ designated person ” means— a a person who is designated under regulation 5 (power to designate persons) for the purposes of regulations 12 to 16 (asset-freeze etc.), or b a person who is a designated person for the purposes of those regulations by reason of regulation 10(1) (designation of persons named by or under UN Security Council Resolutions). Asset-freeze in relation to designated persons 12 1 A person (“P”) must not deal with funds or economic resources owned, held or controlled by a designated person if P knows, or has reasonable cause to suspect, that P is dealing with such funds or economic resources. 2 Paragraph (1) is subject to Part 6 (Exceptions and licences). 3 A person who contravenes the prohibition in paragraph (1) commits an offence. 4 For the purposes of paragraph (1), a person “deals with” funds if the person— a uses, alters, moves, transfers or allows access to the funds, b deals with the funds in any other way that would result in any change in volume, amount, location, ownership, possession, character or destination, or c makes any other change, including portfolio management, that would enable use of the funds. 5 For the purposes of paragraph (1), a person “deals with” economic resources if the person— a exchanges the economic resources for funds, goods or services, or b uses the economic resources in exchange for funds, goods or services (whether by pledging them as security or otherwise). 6 The reference in paragraph (1) to funds or economic resources that are “owned, held or controlled” by a person includes, in particular, a reference to— a funds or economic resources in which the person has any legal or equitable interest, regardless of whether the interest is held jointly with any other person and regardless of whether any other person holds an interest in the funds or economic resources; b any tangible property (other than real property), or bearer security, that is comprised in funds or economic resources and is in the possession of the person. 7 For the purposes of paragraph (1), funds or economic resources are to be treated as owned, held or controlled by a designated person if they are owned, held or controlled by a person who is owned or controlled directly or indirectly (within the meaning of regulation 7) by the designated person. 8 For the avoidance of doubt, the reference in paragraph (1) to a designated person includes P if P is a designated person. Making funds available to designated persons 13 1 A person (“P”) must not make funds available directly or indirectly to a designated person if P knows, or has reasonable cause to suspect, that P is making the funds so available. 2 Paragraph (1) is subject to Part 6 (Exceptions and licences). 3 A person who contravenes the prohibition in paragraph (1) commits an offence. 4 The reference in paragraph (1) to making funds available indirectly to a designated person includes, in particular, a reference to making them available to a person who is owned or controlled directly or indirectly (within the meaning of regulation 7) by the designated person. Making funds available for benefit of designated persons 14 1 A person (“P”) must not make funds available to any person for the benefit of a designated person if P knows, or has reasonable cause to suspect, that P is making the funds so available. 2 Paragraph (1) is subject to Part 6 (Exceptions and licences). 3 A person who contravenes the prohibition in paragraph (1) commits an offence. 3A The reference in paragraph (1) to making funds available to any person for the benefit of a designated person includes making funds available for the benefit of a person who is owned or controlled directly or indirectly (within the meaning of regulation 7) by the designated person (and references to designated person in paragraph (4) are to be read accordingly). 4 For the purposes of this regulation— a funds are made available for the benefit of a designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit, and b “ financial benefit ” includes the discharge (or partial discharge) of a financial obligation for which the designated person is wholly or partly responsible. Making economic resources available to designated persons 15 1 A person (“P”) must not make economic resources available directly or indirectly to a designated person if P knows, or has reasonable cause to suspect— a that P is making the economic resources so available, and b that the designated person would be likely to exchange the economic resources for, or use them in exchange for, funds, goods or services. 2 Paragraph (1) is subject to Part 6 (Exceptions and licences). 3 A person who contravenes the prohibition in paragraph (1) commits an offence. 4 The reference in paragraph (1) to making economic resources available indirectly to a designated person includes, in particular, a reference to making them available to a person who is owned or controlled directly or indirectly (within the meaning of regulation 7) by the designated person. Making economic resources available for benefit of designated persons 16 1 A person (“P”) must not make economic resources available to any person for the benefit of a designated person if P knows, or has reasonable cause to suspect, that P is making the economic resources so available. 2 Paragraph (1) is subject to Part 6 (Exceptions and licences). 3 A person who contravenes the prohibition in paragraph (1) commits an offence. 3A The reference in paragraph (1) to making economic resources available to any person for the benefit of a designated person includes making economic resources available for the benefit of a person who is owned or controlled directly or indirectly (within the meaning of regulation 7) by the designated person (and references to designated person in paragraph (4) are to be read accordingly). 4 For the purposes of paragraph (1)— a economic resources are made available for the benefit of a designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit, and b “ financial benefit ” includes the discharge (or partial discharge) of a financial obligation for which the designated person is wholly or partly responsible. Circumventing etc. prohibitions 17 1 A person must not intentionally participate in activities knowing that the object or effect of them is, whether directly or indirectly— a to circumvent any of the prohibitions in regulations 12 to 16 (asset-freeze etc.), or b to enable or facilitate the contravention of any such prohibition. 2 A person who contravenes the prohibition in paragraph (1) commits an offence. PART 3A Director disqualification sanctions Director disqualification sanctions 17A 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. PART 4 Immigration Immigration 18 A person who is designated under regulation 5 for the purposes of this regulation is an excluded person for the purposes of section 8B of the Immigration Act 1971 . PART 5 Trade CHAPTER 1 Interpretation Definitions relating to goods and technology prohibited under Part 5 19 1 In this Part— “ charcoal ” has the meaning given to it in Part 2 of Schedule 2; “ IED component goods ” means— any thing described as an IED component in Part 3 of Schedule 2 other than— any thing which is IED component technology, or any thing for the time being specified in Schedule 2 to the Export Control Order 2008 , and any tangible storage medium on which IED component technology is recorded or from which it can be derived; “ IED component technology ” means any thing described in Part 3 of Schedule 2 as software or technology; “ military goods ” means— any thing for the time being specified in Schedule 2 to the Export Control Order 2008, other than any thing which is military technology, and any tangible storage medium on which military technology is recorded or from which it can be derived; “ military technology ” means any thing for the time being specified in Schedule 2 to the Export Control Order 2008 which is described as software or technology; Interpretation of other expressions used in this Part 20 1 Paragraphs 32 and 36 of Schedule 1 to the Act (trade sanctions) apply for the purpose of interpreting expressions in this Part. 2 In this Part any reference to the United Kingdom includes a reference to the territorial sea. 3 In this Part— “ brokering service ” means any service to secure, or otherwise in relation to, an arrangement, including (but not limited to)— the selection or introduction of persons as parties or potential parties to the arrangement, the negotiation of the arrangement, the facilitation of anything that enables the arrangement to be entered into, and the provision of any assistance that in any way promotes or facilitates the arrangement; “ designated person ” means a person— who is designated under regulation 5(1)(c) for the purposes of regulations 28 to 35, or who is a designated person by reason of regulation 10(2); except in regulations 35 and 36, “ technical assistance ”, in relation to goods or technology, means— technical support relating to the repair, development, production, assembly, testing, use or maintenance of the goods or technology, or any other technical service relating to the goods or technology; “ transfer ” has the meaning given by paragraph 37 of Schedule 1 to the Act. 4 For the purposes of this Part, a person is to be regarded as “connected with” Somalia if the person is— a an individual who is, or an association or combination of individuals who are, ordinarily resident in Somalia, b an individual who is, or an association or combination of individuals who are, located in Somalia, c a person, other than an individual, which is incorporated or constituted under the law of Somalia, or d a person other than an individual, which is domiciled in Somalia. CHAPTER 2 Trade prohibitions relating to military goods, military technology, IED component goods and IED component technology Export of goods 21 1 The export of military goods or IED component goods to, or for use in, Somalia is prohibited. 2 Paragraph (1) is subject to Part 6 (Exceptions and licences). Supply and delivery of goods 22 1 A person must not directly or indirectly supply or deliver military goods or IED component goods from a third country to a place in Somalia. 2 Paragraph (1) is subject to Part 6 (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 that offence to show that the person did not know and had no reasonable cause to suspect that the goods were destined (or ultimately destined) for Somalia. 4 In this regulation, “ third country ” means a country that is not the United Kingdom, the Isle of Man or Somalia. Making goods and technology available 23 1 A person must not— a directly or indirectly make military goods, IED component goods, military technology or IED component technology available to a person connected with Somalia; b directly or indirectly make military goods, IED component goods, military technology or IED component technology available for use in Somalia. 2 Paragraph (1) is subject to Part 6 (Exceptions and licences). 3 A person who contravenes a prohibition in paragraph (1) commits an offence, but— a it is a defence for a person charged with the offence of contravening paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Somalia; b it is a defence for a person charged with the offence of contravening paragraph (1)(b) to show that the person did not know and had no reasonable cause to suspect that the goods or technology were for use in Somalia. Transfer of technology 24 1 A person must not— a transfer military technology or IED component technology to a place in Somalia; b transfer military technology or IED component technology to a person connected with Somalia. 2 Paragraph (1) is subject to Part 6 (Exceptions and licences). 3 A person who contravenes a prohibition in paragraph (1) commits an offence, but— a it is a defence for a person charged with the offence of contravening paragraph (1)(a) to show that the person did not know and had no reasonable cause to suspect that the transfer was to a place in Somalia. b it is a defence for a person charged with the offence of contravening paragraph (1)(b) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Somalia. Technical assistance relating to military goods and military technology 25 1 A person must not directly or indirectly provide technical assistance relating to military goods or military technology— a to a person connected with Somalia, or b for use in Somalia. 2 Paragraph (1) is subject to Part 6 (Exceptions and licences). 3 A person who contravenes a prohibition in paragraph (1) commits an offence, but— a it is a defence for a person charged with the offence of contravening paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Somalia. b it is a defence for a person charged with the offence of contravening paragraph 1(b) to show that the person did not know and had no reasonable cause to suspect that the goods or technology were for use in Somalia. Financial services and funds relating to military goods and military technology 26 1 A person must not directly or indirectly provide to a person connected with Somalia financial services in pursuance of or in connection with, an arrangement whose object or effect is— a the export of military goods, b the direct or indirect supply or delivery of military goods, c directly or indirectly making military goods or military technology available to a person, d the transfer of military technology, or e the direct or indirect provision of technical assistance relating to military goods or military technology. 2 A person must not directly or indirectly make funds available to a person connected with Somalia in pursuance of or in connection with an arrangement mentioned in paragraph (1). 3 A person must not directly or indirectly provide financial services or funds in pursuance of or in connection with an arrangement whose object or effect is— a the export of military goods to, or for use in, Somalia, b the direct or indirect supply or delivery of military goods to a place in Somalia, c directly or indirectly making military goods or military technology available— i to a person connected with Somalia, or ii for use in Somalia, d the transfer of military technology— i to a person connected with Somalia, or ii to a place in Somalia, or e the direct or indirect provision of technical assistance relating to military goods or military technology— i to a person connected with Somalia, or ii for use in Somalia. 4 Paragraphs (1) to (3) are subject to Part 6 (Exceptions and licences). 5 A person who contravenes a prohibition in any of paragraphs (1) to (3) commits an offence, but— a it is a defence for a person charged with an offence of contravening paragraph (1) or (2) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Somalia; b it is a defence for a person charged with an offence of contravening a prohibition in paragraph (3) to show that the person did not know and had no reasonable cause to suspect that the financial services or funds (as the case may be) were provided in pursuance of or in connection with an arrangement mentioned in that paragraph. Brokering services: non-UK activity relating to military goods and military technology 27 1 A person must not directly or indirectly provide brokering services in relation to an arrangement (“arrangement A”) whose object or effect is— a the direct or indirect supply or delivery of military goods from a third country to a place in Somalia, b directly or indirectly making military goods available in a third country for direct or indirect supply or delivery— i to a person connected with Somalia, or ii to a place in Somalia, c directly or indirectly making military technology available in a third country for transfer— i to a person connected with Somalia, or ii to a place in Somalia, d the transfer of military technology from a place in a third country— i to a person connected with Somalia, ii to a place in Somalia, e the direct or indirect provision, in a non-UK country, of technical assistance relating to military goods or military technology— i to a person connected with Somalia, ii to a place in Somalia, f the direct or indirect provision, in a non-UK country, of financial services— i to a person connected with Somalia, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 26(1), or ii where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 26(3), g directly or indirectly making funds available, in a non-UK country, to a person connected with Somalia, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 26(1), or h the direct or indirect provision of funds from a non-UK country, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 26(3). 2 Paragraph (1) is subject to Part 6 (Exceptions and licences). 3 A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with that offence to show that the person did not know and had no reasonable cause to suspect that the brokering services were provided in relation to an arrangement mentioned in that paragraph. 4 In this regulation— “ non-UK country ” means a country that is not the United Kingdom; “ third country ” means— for the purposes of paragraph (1)(a) and (b), a country that is not the United Kingdom, the Isle of Man or Somalia, and for the purposes of any other provision of paragraph (1), a country that is not the United Kingdom or Somalia. CHAPTER 3 Targeted arms embargo Export of military goods 28 1 The export of military goods to a designated person is prohibited. 2 Paragraph (1) is subject to Part 6 (Exceptions and licences). Supply and delivery of military goods 29 1 A person must not directly or indirectly supply or deliver military goods from a third country to a designated person. 2 Paragraph (1) is subject to Part 6 (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 that offence (“P”) to show that P did not know and had no reasonable cause to suspect that the person to whom the goods were supplied or delivered was a designated person. 4 In this regulation “ third country ” means a country that is not the United Kingdom or the Isle of Man. Making military goods and military technology available 30 1 A person must not directly or indirectly make military goods or military technology available to a designated person. 2 Paragraph (1) is subject to Part 6 (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 that offence (“P”) to show that P did not know and had no reasonable cause to suspect that the person to whom the goods or technology were made available was a designated person. Transfer of military technology 31 1 A person must not transfer military technology to a designated person. 2 Paragraph (1) is subject to Part 6 (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 that offence (“P”) to show that P did not know and had no reasonable cause to suspect that the person to whom the technology was transferred was a designated person. Technical assistance relating to military goods and military technology 32 1 A person must not directly or indirectly provide technical assistance relating to military goods or military technology to a designated person. 2 Paragraph (1) is subject to Part 6 (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 that offence (“P”) to show that P did not know and had no reasonable cause to suspect that the person to whom the technical assistance was provided was a designated person. Financial services and funds relating to military goods and military technology 33 1 A person must not directly or indirectly provide financial services to a designated person in pursuance of or in connection with an arrangement whose object or effect is— a the export of military goods, b the direct or indirect supply or delivery of military goods, c directly or indirectly making military goods or military technology available to a person, d the transfer of military technology, or e the direct or indirect provision of technical assistance relating to military goods or military technology. 2 A person must not directly or indirectly make funds available to a designated person in pursuance of or in connection with an arrangement mentioned in paragraph (1). 3 A person must not directly or indirectly provide financial services or funds in pursuance of or in connection with an arrangement whose object or effect is— a the export of military goods to a designated person, b the direct or indirect supply or delivery of military goods to a designated person, c directly or indirectly making military goods or military technology available to a designated person, d the transfer of military technology to a designated person, or e the direct or indirect provision of technical assistance relating to military goods or military technology to a designated person. 4 Paragraphs (1) to (3) are subject to Part 6 (Exceptions and licences). 5 A person who contravenes a prohibition in any of paragraphs (1) to (3) commits an offence but— a 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 person to whom the financial services were provided was a designated person; b it is a defence for a person charged with the offence of contravening paragraph (2) (“P”) to show that P did not know and had no reasonable cause to suspect that the person to whom the funds were made available was a designated person; c it is a defence for a person charged with the offence of contravening paragraph (3) to show that the person did not know and had no reasonable cause to suspect that the financial services or funds (as the case may be) were provided in pursuance of or in connection with an arrangement mentioned in that paragraph. Brokering services: non-UK activity relating to military goods and military technology 34 1 A person must not directly or indirectly provide brokering services in relation to an arrangement (“arrangement A”) whose object or effect is— a the direct or indirect supply or delivery of military goods from a non-UK country to a designated person; b directly or indirectly making military goods available in a non-UK country for direct or indirect supply or delivery to a designated person; c directly or indirectly making military technology available in a non-UK country for transfer to a designated person; d the transfer of military technology from a place in a non-UK country to a designated person; e the direct or indirect provision, in a non-UK country, of technical assistance relating to military goods or military technology to a designated person; f the direct or indirect provision, in a non-UK country, of financial services— i to a designated person where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 33(1); or ii where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 33(3); g directly or indirectly making funds available in a non-UK country to, or for the benefit of, a designated person where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 33(1); or h the direct or indirect provision of funds from a non-UK country, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 33(3). 2 Paragraph (1) is subject to Part 6 (Exceptions and licences). 3 A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with that offence to show that the person did not know and had no reasonable cause to suspect that the brokering services were provided in relation to an arrangement mentioned in that paragraph. 4 In this regulation— “ non-UK country ” means— for the purposes of paragraph (1)(a) and (b), a country that is not the United Kingdom or the Isle of Man; and for the purposes of any other provision of paragraph (1), a country that is not the United Kingdom. CHAPTER 4 Enabling or facilitating the conduct of armed hostilities Enabling or facilitating the conduct of armed hostilities: designated persons 35 1 A person must not directly or indirectly provide to a designated person— a technical assistance, b armed personnel, c financial services or funds, or d brokering services in relation to an arrangement whose object or effect is to provide, in a non-UK country, anything mentioned in sub-paragraphs (a) to (c), where such provision enables or facilitates the conduct of armed hostilities in Somalia. 2 Paragraph (1) is subject to Part 6 (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 that offence (“P”) to show that— a P did not know and had no reasonable cause to suspect that the person to whom, or for whose benefit, the technical assistance, armed personnel, financial services or funds or brokering services were provided was a designated person, or b P did not know and had no reasonable cause to suspect that the provision as mentioned in paragraph (1) would enable or facilitate the conduct of armed hostilities in Somalia. 4 In this regulation— “ non-UK country ” means a country that is not the United Kingdom; “ technical assistance ” means the provision of technical support or any other technical service. 5 Nothing in this regulation is to be taken to limit the meaning of any of the prohibitions contained in Chapter 2 or 3 of this Part. Enabling or facilitating the conduct of armed hostilities 36 1 A person must not directly or indirectly provide to a person other than a designated person— a technical assistance, b armed personnel, c financial services or funds, or d brokering services in relation to an arrangement whose object or effect is to provide, in a non-UK country, any of the services mentioned in sub-paragraphs (a) to (c). where such provision enables or facilitates the conduct of armed hostilities in Somalia. 2 Paragraph (1) is subject to Part 6 (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 that offence to show that the person did not know and had no reasonable cause to suspect that the provision as mentioned in paragraph (1) would enable or facilitate the conduct of armed hostilities in Somalia. 4 In this regulation— “ non-UK country ” means a country that is not the United Kingdom; “ technical assistance ” means the provision of technical support or any other technical service. 5 Nothing in this regulation is to be taken to limit the meaning of any of the prohibitions contained in Chapter 2 or 3 of this Part. CHAPTER 5 Trade prohibitions relating to import, purchase and transportation Import of charcoal 37 1 The import of charcoal consigned from Somalia is prohibited. 2 The import of charcoal originating from Somalia is prohibited. 3 Paragraphs (1) and (2) are subject to Part 6 (Exceptions and licences). Purchase etc. of charcoal 38 1 A person must not— a directly or indirectly acquire charcoal which originates in Somalia; b directly or indirectly acquire charcoal which is located in Somalia. 2 Paragraph (1) is subject to Part 6 (Exceptions and licences). 3 A person who contravenes a prohibition in paragraph (1) commits an offence, but— a it is a defence for a person charged with the offence of contravening paragraph 1(a) to show that the person did not know and had no reasonable cause to suspect that the charcoal originated in Somalia; b it is a defence for a person charged with the offence of contravening paragraph 1(b) to show that the person did not know and had no reasonable cause to suspect that the charcoal was located in Somalia. Transport of charcoal 39 1 A person must not directly or indirectly supply or deliver charcoal from a place in Somalia to a third country where the charcoal— a originates in Somalia, or b is consigned from Somalia. 2 A person must not directly or indirectly supply or deliver charcoal from a place in a non-UK country to a place in a different non-UK country where the charcoal originates in Somalia. 3 Paragraphs (1) and (2) are subject to Part 6 (Exceptions and licences). 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)(a) or (2) to show that the person did not know and had no reasonable cause to suspect that the charcoal originated in Somalia; b it is a defence for a person charged with the offence of contravening paragraph (1)(b) to show that the person did not know and had no reasonable cause to suspect that the charcoal was consigned from Somalia. 5 In this regulation— “ non-UK country ” means a country that is not the United Kingdom or the Isle of Man; “ third country ” means a country that is not the United Kingdom, the Isle of Man or Somalia. Prohibitions relating to the associated provision of financial services and funds 40 1 A person must not directly or indirectly provide financial services or funds in pursuance of or in connection with an arrangement whose object or effect is— a the import of charcoal which— i originates in Somalia, or ii is consigned from Somalia; b the direct or indirect acquisition of charcoal which— i originates in Somalia, or ii is consigned from Somalia; c the direct or indirect supply or delivery of charcoal from a place in Somalia to a third country, where the charcoal— i originates in Somalia, or ii is consigned from Somalia; d the direct or indirect supply or delivery of charcoal from a place in a non-UK country to a place in a different non-UK country where the charcoal originates in Somalia. 2 Paragraph (1) is subject to Part 6 (Exceptions and licences). 3 A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with an offence of contravening a prohibition in paragraph (1) to show that the person did not know and had no reasonable cause to suspect that the financial services or funds (as the case may be) were provided in pursuance of or in connection with an arrangement mentioned in that paragraph. 4 For the purposes of paragraph (1)(c), the term “ third country ” has the same meaning as in regulation 39(5). 5 For the purposes of paragraph (1)(d), the term “ non-UK country ” has the same meaning as in regulation 39(5). CHAPTER 6 Further provision Circumventing etc. prohibitions 41 1 A person must not intentionally participate in activities knowing that the object or effect of them is, whether directly or indirectly— a to circumvent any of the prohibitions in Chapters 2 to 5 of this Part, or b to enable or facilitate the contravention of any such prohibition. 2 A person who contravenes a prohibition in paragraph (1) commits an offence. Trade: end-use control 41A 1 This regulation applies where— a a United Kingdom person (“ P ”) has been informed by the Secretary of State that goods or any technology related to the export of the goods (or both) are or may be intended, in their entirety or in part, for export, transfer or use in Somalia, or to a person connected with