PART 1General

Citation and commencementI11

1

These Regulations may be cited as the Nicaragua (Sanctions) (EU Exit) Regulations 2020.

2

These Regulations come into force in accordance with regulations made under section 56 of the Act.

InterpretationI22

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 paragraph 12 of Schedule 1 for the meaning of that term in that Schedule);

  • “conduct” includes acts and omissions;

  • “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 EU Nicaragua Regulation” means Council Regulation (EU) 2019/1716 of 14 October 2019 concerning restrictive measures in view of the situation in Nicaragua M1, as it has effect in EU law;

  • “serious human rights violation or abuse” means a serious violation or abuse of any of the human rights specified in regulation 4(c);

  • “Treasury licence” means a licence under regulation 20(1);

  • “United Kingdom person” has the same meaning as in section 21 of the Act.

Annotations:
Commencement Information
I2

Reg. 2 in force at 14.12.2020 by S.I. 2020/1514, reg. 8(1)

Marginal Citations
M1

OJ No. L 262, 15.10.2019, p.1.

Application of prohibitions and requirements outside the United KingdomI43

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), or

c

a condition of a Treasury 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 6 (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.

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.

PurposesI34

The purposes of the regulations contained in this instrument that are made under section 1 of the Act are to encourage the Government of Nicaragua to—

a

respect democratic principles and institutions, the separation of powers and the rule of law in Nicaragua;

b

refrain from actions, policies and activities which repress civil society in Nicaragua;

c

comply with international human rights law and to respect human rights, including in particular to—

i

respect the right to life of persons in Nicaragua;

ii

respect the right of persons not to be subjected to torture or cruel, inhuman or degrading treatment or punishment in Nicaragua, including inhuman and degrading conditions in prisons;

iii

respect the right to liberty and security, including refraining from arbitrary arrest and detention of persons in Nicaragua;

iv

afford persons in Nicaragua charged with criminal offences the right to a fair trial;

v

afford journalists, human rights defenders and other persons in Nicaragua the right to freedom of expression, association and peaceful assembly;

vi

secure the human rights of persons in Nicaragua 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.