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The ECJU has released an update to the regulations that support UK sanctions on the territory of Haiti.
The Regulation
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 guidance to assist in the implementation of and compliance with The Haiti (Sanctions) Regulations 2022 (the ‘Regulations’), as amended from time to time.
The following regulatory instruments make the amendments to this instrument. Until a consolidated version of the regulation becomes available on legislation.gov.uk, these instruments should be read alongside the original regulatory instrument (above):
- the Sanctions (Humanitarian Exception) Regulations 2023, which came into force on 9th February 2023
- the Haiti (Sanctions) (Amendment) Regulations 2023, which entered into force on 28th December 2023
As required by the Sanctions Act, the document contains guidance on the prohibitions and requirements imposed by the Regulations, providing essential advice on best practices for complying with the prohibitions and requirements, enforcing them, and guiding on the circumstances where these prohibitions do not apply.
The updated sanctions impact areas that include, but are not limited to, Finance, Trade, Maritime Enforcement, Immigration, and Sanctioned Persons.
The document is intended to be read alongside more detailed sanctions guidance published by departments, including the Department for Business and Trade (DBT), Home Office and HM Treasury through the Office of Financial Sanctions Implementation (OFSI), and there are links within the published document to those key sources of sanctions guidance.
The guidance on the published page is designed to give an overview of the prohibitions and requirements in the Regulations and, where appropriate, direct readers to further detailed published guidance.
This guidance is confirmed as current as of the publication date (28th December 2023.)
The Onus of Compliance is on the UK persons interacting with Haiti
The UK Authorities undertake the regular maintenance of published guidance on Sanctions. However, it will be necessary for those UK persons impacted by the updated regulations to ensure that they keep up to date with the compliance restrictions on any affected interaction with Haiti, as the onus is on UK persons to do so.
A link to the guidance is below, with further links within the document.
If there is any doubt about any of the comprehensive impacts of the updated sanctions on interaction with Haiti, or if the guidance is unclear, the ECJU should be contacted directly. Contact details are below:
Haiti sanctions guidance - GOV.UK (www.gov.uk)
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