My Lords, these instruments were laid between July 2019 and December 2020 under the powers provided by the Sanctions and Anti-Money Laundering Act 2018, also known as the sanctions Act. As noble Lords will be aware, the sanctions Act provides the legal framework within which the UK may impose, update and lift sanctions, whether autonomously or in line with our UN obligations, now that we have left the EU. It is the foundation for an independent sanctions policy in support of our foreign policy and national security interests.
To establish individual sanctions regimes within that framework, we are required to lay statutory instruments. Of the nine instruments we are considering today, seven transition existing EU regimes into UK law. As set out in my letter to parliamentary colleagues of 25 January, the new UK regimes and the measures they contain are intended to have substantially the same effect as those they replace. The two remaining instruments amend the other statutory instruments that establish sanctions regimes.
The amendments in the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 are designed to ensure that our entire suite of sanctions legislation is as consistent and clear in its provisions as possible. Many regimes contain the same sanctions measures and we strive for consistency in language to promote consistency in interpretation, application and enforcement. British businesses often export goods or provide services
to more than one country subject to sanctions, and any inconsistency in the wording of the legislation can cause confusion and increase their compliance costs.
The amendments in Sanctions (EU Exit) (Miscellaneous Amendments) (No. 4) Regulations 2020 ensure that UK persons in the Crown dependencies and overseas territories are not unduly affected by the extraterritorial application of UK law. They create an exception to the extraterritorial prohibition so that a licence from the authorities in that jurisdiction is sufficient to authorise UK persons’ conduct there. Those persons do not then need also to obtain the licence from the UK authorities to avoid committing an offence under UK law.
I would now like to elaborate further on the purposes of the seven regimes which these instruments establish. First, the Bosnia and Herzegovina sanctions regulations are aimed at promoting peace, stability and security in Bosnia and respect for its sovereignty and territorial integrity. They are also intended to encourage compliance with and the implementation of the general framework agreement for peace, which established Bosnia and Herzegovina as a single sovereign state. The regulations permit the imposition of financial and immigration sanctions.
The Burundi sanctions regulations aim to encourage the Government of Burundi to respect democratic principles and institutions, and the rule of law and good governance in Burundi; to participate in negotiations with their political opponents in good faith to bring about a peaceful solution to the political situation; to refrain from policies or activities that repress civil society; and to comply with international human rights law and respect human rights. They permit the imposition of financial and immigration sanctions.
The cyber sanctions regulations are aimed at preventing certain types of cyberactivity that undermine the integrity, prosperity or security of the UK or any other country. They are also intended to prevent certain types of cyberactivity that cause the economic loss or prejudice of commercial interests, undermine the independence or effective functioning of an international organisation, or otherwise affect a significant number of people in an indiscriminate manner. The regulations permit the imposition of financial and immigration sanctions. We have imposed sanctions on the same 12 individuals and entities as were sanctioned in 2020 by the EU. These include actors from Russia, China and the Democratic People’s Republic of Korea.
The Guinea sanctions regulations aim to encourage the Government of Guinea to properly investigate the violent repression that took place on 28 September 2009 and its aftermath, as well as to hold those responsible to account. The regulations permit the imposition of targeted financial and immigration sanctions.
The misappropriation sanctions regulations are aimed at deterring and providing accountability for the misappropriation of state funds from a country outside the UK. They permit the imposition of financial and immigration sanctions. Rather than establish geographical regimes, as existed under EU legislation, this instrument creates a single thematic regime under which designations can be made in respect of misappropriation of state funds taking place anywhere outside the UK, allowing for greater agility and flexibility.
The Nicaragua sanctions regulations are aimed at encouraging the Government of Nicaragua to respect democratic principles and institutions, the separation of powers and the rule of law, to refrain from the repression of civil society and to respect human rights. The regulations permit the imposition of financial and immigration sanctions.
The Unauthorised Drilling Activities in the Eastern Mediterranean (Sanctions) (EU Exit) Regulations 2020 aim to discourage any unauthorised hydrocarbon exploration or production activities in the territorial sea or exclusive economic zone of the Republic of Cyprus or on its continental shelf. They permit the imposition of financial and immigration sanctions.
In conclusion, sanctions are a key part of many of the UK’s political and diplomatic strategies. They also contribute to our efforts to uphold and defend the rules-based international order. The United Kingdom has long been a global leader in this field and this will not change now that we have left the European Union. Our independent sanctions policy allows us to use sanctions to achieve maximum impact by working in a way that is agile, expertise-driven and in support of our values, and enables collaboration with both new and established partners. International co-operation is at the heart of our policy. As I have said a number of times, sanctions are most effective when implemented and enforced collectively. We will continue to co-ordinate closely with our European and other international partners on sanctions, using the excellent relationships and networks we have already established.
These regulations are a crucial part of the legal basis that underpins our sanctions policy and of which the sanctions Act is the keystone. With them in place, we can promote and protect security, stability and prosperity at home and overseas, call for accountability and justice, and deter human rights violations and abuses. In short, they will help us to project the United Kingdom as a force for good in the world. I beg to move.
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