Комментарии Министерства иностранных дел и дел Содружества (Foreign and Commonwealth Office) для всех использующих закон лиц. Раскрывается история и порядок введения правил закона; цели законодателя, стоящие за формулировками положений. Полный текст оригинала на английском языке.

Понедельник, 08 июля 2019

Schedule 1: Trade sanctions

Schedule 1 provides further detail on trade sanctions that can be put in place.

Part 1 - Trade sanctions

Part 1 of the schedule sets out the different types of trade sanctions.

Paragraph 2 deals with the export of specified goods. Regulations may provide for the prevention of exports to, or for the benefit of, prescribed countries, and for exports to, or for the benefit of, three categories of persons. These three categories are used throughout the schedule and cover:

designated persons (see section 9);

persons connected with a country prescribed in the regulations. Section 62(6) specifies that regulations can set out the nature of the connection between the persons and the prescribed country. This category could capture all persons connected to a country in a specified way;

a prescribed description of persons connected with a prescribed country. Section 62(6) specifies that regulations can set out the nature of the connection between them and the prescribed country. This category could capture groups of persons connected to a country in a specified way.

Paragraph 3 deals with imports of goods. Amongst other things, regulations may prohibit the import of goods originating or consigned from a prescribed country. This can cover goods originating in a prescribed country that are routed through a third country and vice versa. "Origin" is defined in paragraph 35(b).

Paragraph 4 deals with movement of specified goods outside the UK. An example of a measure falling under this power would be a prohibition on the brokering of military goods from outside the UK to a prescribed country.

Paragraph 5 is about transfer of specified technology. Technology in this case is defined in paragraph 37, and refers in general to information and software. An example of a measure falling under this power would be a prohibition on the transfer of military technology to a prescribed country.

Paragraphs 6 and 7 provide that sanctions regulations can prevent specified goods or technology from being made available or acquired. "Making available" in this sense is intended to cover situations other than export where goods are made available. It could include the gifting, delivery or disposal of goods and technology. "Acquisition" is defined in paragraph 35(a).

Paragraphs 8 and 9 are about preventing land from being made available or acquired. An example of a measure falling under this power would be a prohibition on the purchase of land in a prescribed country.

Paragraph 10 is about restricting activities that relate to military activities. An example of a measure falling under this power would be a prohibition on the provision of technical assistance relating to military activities in a prescribed country.

Paragraphs 11 to 14 deal with provision and procurement of services. An example of a measure falling under this power would be a prohibition on the provision of services related to a specific industry in a prescribed country.

Paragraphs 13 and 14 make clear that the sanctions regulations can restrict services that are connected to other sanctions prohibitions or connected to particular projects, industries, sectors, infrastructure, aircraft, ships, services or other activities. An example of a measure falling under this power would be a prohibition on the provision of technical assistance relating to the export of military goods to a prescribed country.

Paragraph 15 makes clear that sanctions regulations can place restrictions on goods, technology and services connected with vessels that are designated under UN Security Council resolutions.

Paragraph 16 provides that sanctions regulations can deal with objects of cultural interest. An example of a measure falling under this power would be a prohibition on the purchase of objects of cultural interest that have been removed from a prescribed country.

Part 2 - Further provision

Part 2 of the schedule makes further provision about trade sanctions.

Paragraphs 17 to 20 are about how goods, services and technology can be described in sanctions regulations. For example, paragraph 17 makes clear that goods may be described by reference to a use to which they may be put, the types of users of the goods, the industries, sectors, infrastructure or projects to which they may relate or the place where they originate.

Paragraphs 21 to 23 make clear that the sanctions regulations can include cross-references to other legislation and lists. This would serve to make it easier to interpret sanctions regulations. This includes references to orders made under the Export Control Act 2002 (paragraph 21), to EU lists (paragraph 22) and to other technical lists, including those related to the UK’s UN obligations (paragraph 23).

Paragraphs 24 and 25 make clear that the movement of vehicles, ships and aircraft under their own power may be counted as exports or imports.

Paragraph 26 enables vessels to be described by reference to a UN instrument on an ambulatory basis.

Paragraph 27 allows regulations to modify, up to a maximum of 10 years, the period of imprisonment in relation to offences under the Customs and Excise Management Act 1979.

Paragraph 28 enables sanctions regulations to modify provisions of the Customs and Excise Management Act 1979 that apply in relation to the enforcement of prohibitions or requirements contained in sanctions regulations.

Paragraph 29 specifies that regulations made under Part 1 of Schedule 1 may not have the effect of prohibiting or regulating certain specified activities, unless the interference by the regulations in the freedom to carry on the activity in question is necessary (and no more than necessary).

Paragraph 30 states that it is for the appropriate Minister to determine that any interference in any of the activities described in paragraph 29 is necessary, in light of the circumstances prevailing at the time, having considered the reasons for seeking to control the activity in question and the need to respect the freedom to carry on the activity.

Paragraph 31 specifies that references to goods, technology, land, or services being moved, made available, acquired, provided, procured or received are reference to those things being done directly or indirectly.

Paragraphs 32 and 33 define ‘export’ and ‘import’ for the purposes of the Schedule, and specify that goods moved between the Isle of Man and the United Kingdom are not to be regarded as exports or imports. This is due to the fact that the Isle of Man forms part of a joint customs area with the United Kingdom. This is in line with section 11(3) of the Export Control Act 2002 and section 8(1)(a) of the Import, Export and Customs Powers (Defence) Act 1939.

Paragraph 34 specifies that goods imported into the Isle of Man in contravention of a prohibition, where a corresponding prohibition applies to the import of goods of that kind to the UK pursuant to a purpose mentioned in paragraph 3, may be regarded as imported if they are subsequently moved from the Isle of Man to the United Kingdom.

Paragraphs 35 to 37 define certain terms and are self-explanatory.

Paragraph 38 makes clear that references to services in Schedule 1 may include financial services.

Юридический перевод с английского и немецкого языка.

Москва.

Перевод с английского и немецкого языка: 400 руб./стр.

Стоимость перевода новых редакций ранее переведенных документов: 200 руб./стр.

Перевод законов: индивидуально (пишите).

Подробнее о стоимости и услугах переводчика.

Image

translate@en-cn.ru

Copyright © 2014-2020. Переводчик с английского и немецкого. Москва.