MYANMAR-BURMA SANCTIONS (AMENDMENT) REGULATIONS 2018

Transcription

1 Myanmar-Burma Santions (Amendment) Regulations 2018 Regulation 1 Statutory Doument No. 2018/0168 European Communities (Isle of Man) At 1973 MYANMAR-BURMA SANCTIONS (AMENDMENT) REGULATIONS 2018 Laid before Tynwald:18 th July 2018 Coming into operationin aordane with regulation 2 The Counil of Ministers makes the following Regulations under setions 2B and 2C of the European Communities (Isle of Man) At Title These Regulations are the Myanmar-Burma Santions (Amendment) Regulations Commenement These Regulations ome into operation immediately after they are made 1. 3 Amendment of the Myanmar-Burma Santions Regulations 2013 (1) The Myanmar-Burma Santions Regulations are amended as follows. (2) In regulation 3, for the definition of the EU Regulation substitute «the EU Regulation means Counil Regulation (EU) No 401/2013 onerning restritive measures in respet of Myanmar/Burma and repealing Regulation (EC) No 194/2008, as amended by Counil Regulation (EU) 2018/647 of 26 April 2018 amending Regulation (EU) No 401/2013 onerning restritive measures in respet of Myanmar/Burma, 1 Regulations made under setion 2B(1) of the European Communities (Isle of Man) At 1973 must be laid before Tynwald as soon as possible after they are made, and if Tynwald at the sitting at whih the regulations are laid or at the next following sitting resolves that the regulations shall be annulled, the regulations shall upon suh resolution ease to have effet. 2 SD 0172/13. SD 2018/0168 Page 1

2 Regulation 3 Myanmar-Burma Santions (Amendment) Regulations 2018 as these instruments have effet in the Island 3, and a referene to a numbered Artile or Annex (without more) is a referene to the Artile of, or Annex to, the EU Regulation so numbered.». (3) In regulation 4(1), for Artile 2(1), 3(1), 3(2) or 3(3) substitute «, Artile 2(1), 3(1), 3(2), 3a(1), 3a(4), 3b(1), 3(1), 4a(1), 4a(2), 4e(1), 4g or 4h(1)». (4) In regulation 4(2), for Artile 2(2) or 3(4) substitute «Artiles 2(2), 3a(6), 4d(3) or (4)». (5) In regulation 8(2), for 3(2) substitute «3(6)». (6) In the Shedule, for the heading 1, substitute «1 Powers to request information». (7) Omit paragraph 1(2) to the Shedule. (8) In the Shedule, for the heading 2, substitute «2 Failure to omply with request for information». (9) In the Shedule, for paragraph 3 substitute «3 General powers to dislose information (1) The Treasury (or any person authorised by the Treasury as a requesting authority under paragraph 1) may dislose any information obtained by it pursuant to these Regulations to any person for the purpose of failitating or ensuring ompliane with the EU Regulation. (2) The power in sub-paragraph (1) inludes but is not limited to dislosing information to the following persons a polie offier; any person holding or ating in any offie under, or in the servie of (ii) (iii) (iv) the Government of the Island; the Crown in right of the Government of the United Kingdom; the Crown in right of the Sottish Administration, the Northern Ireland Exeutive or the Welsh Government; the States of Jersey, Guernsey or Alderney or the Chief Pleas of Sark; or 3 These EU instruments were applied to the Island, with modifiations, by SD 0171/13 and SD 2018/0167. As the EU Regulation has effet in the Island referenes in the EU Regulation to any of its annexes are onstrued as referenes to those Annexes as amended from time to time. Page 2 SD 2018/0168

3 Myanmar-Burma Santions (Amendment) Regulations 2018 Regulation 3 () (d) (e) (f) (g) (h) (v) the Government of any British overseas territory; any law offier of the Crown in any of the British Islands; the Legal Aid Ageny in England and Wales, the Sottish Legal Aid Board or the Legal Servies Ageny Northern Ireland; the Isle of Man Finanial Servies Authority and any body of any other part of the British Islands exerising an equivalent funtion; any organ of the United Nations; any person in the servie of the United Nations, the Counil of the European Union, the European Commission or the Government of any ountry; any of the ompetent authorities speified in, and for the purpose of ensuring ompliane with, the EU Regulation; or with the onsent of a person who, in the person s own right, is entitled to the information or to possession of the doument, opy or extrat, to any third party. (3) In sub-paragraph (2) in the person s own right means not merely in the apaity as a servant or agent of another person. (4) The purpose of failitating or ensuring ompliane with the EU Regulation inludes but is not limited to the following () monitoring ompliane with, or deteting evasion of, these Regulations or the EU Regulation; giving assistane or o-operation, pursuant to the EU Regulation; or taking any ation with a view to instituting, or otherwise for the purposes of, any proeedings (ii) in the Island for an offene under these Regulations; or in any other part of the British Islands or any British overseas territory, for an offene under a similar provision in any suh jurisdition. (5) A dislosure under sub-paragraph (1) does not breah any obligation of onfidene owed by the person making the dislosure; or any other restrition on the dislosure of information (however imposed). (6) A person ommits an offene if the person, without reasonable exuse, disloses information otherwise than in aordane with sub-paragraph (1). SD 2018/0168 Page 3

4 Regulation 3 Myanmar-Burma Santions (Amendment) Regulations Appliation of provisions (1) Nothing done under this Shedule is to be treated as a breah of any regulation imposed by statute or otherwise. (2) But nothing in this Shedule authorises a dislosure that ontravenes the Data Protetion At 2002; or of interepted material that is not otherwise permitted under the safeguards arrangements relating to a warrant issued under the Intereption of Communiations At (3) Nothing in this Shedule is to be read as requiring a person who has ated as advoate or other legal adviser to any person to dislose any privileged information in their possession in that apaity. (4) This Shedule does not limit the irumstanes in whih information may be dislosed apart from this Shedule. (5) This Shedule does not limit the powers of the Treasury to impose onditions in onnetion with the disharge of its funtions under regulation 5. (6) In this paragraph privileged information means information with respet to whih a laim to legal professional privilege ould be maintained in legal proeedings.». MADE 15:55 31 ST MAY 2018 W GREENHOW Chief Seretary Page 4 SD 2018/0168

5 Myanmar-Burma Santions (Amendment) Regulations 2018 Explanatory Note EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend the Myanmar-Burma Santions Regulations 2013 (SD 0172/13) ( the prinipal Regulations ), to take aount of the amendment of Counil Regulation (EU) No 401/2013 by Counil Regulation (EU) 2018/647, as these EU instruments have effet in the Island by virtue of SD 0171/13 and SD 2018/0167 respetively. These Regulations also amend paragraph 3 to the Shedule to the prinipal Regulations to extend the provisions for the dislosure of information and douments in onnetion with ompliane with the EU Regulation. The replaement provisions orrespond to those ontained in the Terrorism and Other Crime (Finanial Restritions) At 2014, whih applies to the santions regimes onerned with terrorism, ISIL, Al-Qaida and the Taliban. The prinipal Regulations established offenes and penalties for breahes of Counil Regulation (EU) No 401/2013, as applied to the Island, and they provided for the liensing by the Treasury of ativities whih would otherwise be prosribed. SD 2018/0168 Page 5