UK Chemical weapons sanctions updated guidance

UPDATES

As required by section 43 of the Sanctions and Anti-Money Laundering Act 2018 (‘the Sanctions Act’), the Secretary of State for Foreign, Commonwealth and Development Affairs has provided this guidance to assist in the implementation of, and compliance with,

• The Chemical Weapons (Sanctions) (EU Exit) Regulations 2019 (the ‘Regulations’), as amended from time to time.
• https://www.legislation.gov.uk/uksi/2019/618/contents

The following instruments have made amendments to this instrument. If a consolidated version is not yet available on legislation.gov.uk, these instruments should be read alongside the original instrument:

• The Sanctions (Miscellaneous Amendments) (No.2) Regulations 2020 https://www.legislation.gov.uk/uksi/2020/590/contents
• The Sanctions (Miscellaneous Amendments) (No.4) Regulations 2020 https://www.legislation.gov.uk/uksi/2020/951/contents

THE REGULATIONS

• Impose financial, director disqualification and immigration sanctions for the purpose of deterring the proliferation and use of chemical weapons, including encouraging the effective implementation of the Chemical Weapons Convention.
• Achieve the stated purpose, the Regulations impose a number of prohibitions and requirements.
• Enforce these, the Regulations establish penalties and offences, which are set out in detail in the corresponding report under section 18 of the Sanctions Act in relation to criminal offences.

• THE CHEMICAL WEAPONS (SANCTIONS) (EU EXIT) REGULATIONS 2019 - REPORT UNDER SECTION 18 OF THE SANCTIONS AND ANTI-MONEY LAUNDERING ACT 2018 IN RELATION TO CRIMINAL OFFENCES
• http://www.legislation.gov.uk/uksi/2019/618/pdfs/uksiod_20190618_en_001.pdf

The prohibitions and requirements imposed by the Regulations apply within the territory of the United Kingdom (UK) (including Northern Ireland) and in relation to the conduct of all UK persons wherever they are in the world. UK persons include British nationals, as well as all bodies incorporated or constituted under the law of any part of the UK. Accordingly, the prohibitions and requirements imposed by the Regulations apply to all companies established in any part of the UK, and they also apply to branches of UK companies operating overseas.

It is prohibited to intentionally participate in any activities if you know that the object or effect of them is directly or indirectly to circumvent the prohibitions imposed by the Regulations or to or to enable or facilitate the contravention of those prohibitions.

If you are unclear about any aspect of the Regulations, in particular about whether action you are considering taking could contravene the Regulations, you are advised to seek independent legal advice.

Prohibitions and requirements for the financial, director disqualification and immigration sanctions contained in the Regulations are set out below.

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• As required by the Sanctions Act, this document
• Contains guidance on the prohibitions and requirements imposed by the Regulations. It additionally provides guidance on best practice for complying with the prohibitions and requirements; the enforcement of them; and circumstances where they do not apply.
• Is intended to be read alongside more detailed sanctions guidance published by departments including the Home Office and HM Treasury, through the Office of Financial Sanctions Implementation (OFSI).
• Contains links to those key sources of sanctions guidance, which will be regularly maintained and updated on GOV.UK. It is designed to give an overview of the prohibitions and requirements in the Regulations and, where appropriate, direct readers to further detailed guidance.
• Is current on the date of publication.
• IN HERE https://www.gov.uk/government/publications/chemical-weapons-sanctions-guidance/chemical-weapons-sanctions-guidance