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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Sanctions (Overseas Territories) (Amendment of Information Provisions) Order 2018 URL: http://www.bailii.org/uk/legis/num_reg/2018/uksi_20181076_en_1.html |
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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Statutory Instruments
Overseas Territories
Made
10th October 2018
Laid before Parliament
17th October 2018
Coming into force
7th November 2018
At the Court at Buckingham Palace, the 10th day of October 2018
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred on Her by section 1 of the United Nations Act 1946(1), section 112 of the Saint Helena Act 1833(2), the British Settlements Acts 1887 and 1945(3), and all of the other powers enabling Her to do so, is pleased, by and with the advice of Her Privy Council, to order as follows:
1.-(1) This Order may be cited as the Sanctions (Overseas Territories) (Amendment of Information Provisions) Order 2018 and comes into force on 7th November 2018.
(2) This Order extends to the territories listed in the Schedule.
2.-(1) Paragraph 2 of Schedule 3 (evidence and information) to the Lebanon and Syria (United Nations Measures) (Overseas Territories) Order 2006(4) is amended as follows.
(2) In sub-paragraphs (1) to (3), after "relevant institution", in each place it occurs, insert "or relevant business or profession".
(3) In sub-paragraph (4), after "relevant person" insert ", in respect of a relevant institution,".
(4) After sub-paragraph (4), insert-
"(5) In this paragraph, "relevant person", in respect of a relevant business or profession, means-
(a)a customer of the relevant business or profession;
(b)a person who has been a customer of the relevant business or profession since 7th November 2018; or
(c)a person with whom the relevant business or profession has had dealings in the course of its business since then.
(6) In this paragraph, a "relevant business or profession" means any of the following operating in the Territory-
(a)an auditor,
(b)a casino,
(c)a dealer in precious metals or stones,
(d)an external accountant,
(e)an independent legal professional,
(f)a real estate agent,
(g)a tax adviser, and
(h)a trust or company service provider.
(7) For the purpose of sub-paragraph (6)-
"auditor" means a firm or sole practitioner who by way of business provides auditing services to other persons, when providing such services;
"casino" means the holder of a licence to operate a casino in the Territory;
"dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging-
articles made from gold, silver, platinum or palladium, or
precious stones or pearls;
"external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services;
"independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services;
"real estate agent" means a firm or sole practitioner, who by way of business provides real estate agency services to their client in relation to transactions concerning the buying or selling of real estate by their client, when the work is being carried out;
"tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services;
"trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services-
forming companies or other legal persons,
acting, or arranging for another person to act-
as a director or secretary of a company,
as a partner of a partnership, or
in a similar capacity in relation to other legal persons,
providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement,
acting, or arranging for another person to act, as-
a trustee of an express trust or similar legal arrangement, or
a nominee shareholder for a person.
(8) In sub-paragraph (7), "firm" means any entity that, whether or not a legal person, is not an individual, and includes a body corporate and a partnership or other unincorporated association.".
3. The Tunisia (Restrictive Measures) (Overseas Territories) Order 2011(5) is amended as set out in articles 4 and 5.
4. In the section heading following article 9 (licences), at the end, insert "and others".
5.-(1) Article 10 (failure to disclose knowledge or suspicion) is amended as follows.
(2) In paragraphs (1), (2), (4) and (6), after "relevant institution", in each place it occurs, insert "or relevant business or profession".
(3) In paragraph (5), for "In this paragraph "relevant person"", substitute "In this article, "relevant person", in respect of a relevant institution,".
(4) After paragraph (5), insert-
"(5A) In this article, "relevant person", in respect of a relevant business or profession, means-
(a)a customer of the relevant business or profession;
(b)a person who has been a customer of the relevant business or profession at any time on or after 7th November 2018; or
(c)a person with whom the relevant business or profession has had dealings in the course of business on or after that date."
(5) After paragraph (6), insert-
"(7) In this article, a "relevant business or profession" means any of the following operating in the Territory-
(a)an auditor,
(b)a casino,
(c)a dealer in precious metals or stones,
(d)an external accountant,
(e)an independent legal professional,
(f)a real estate agent,
(g)a tax adviser, and
(h)a trust or company service provider.
(8) For the purpose of paragraph (7)-
"auditor" means a firm or sole practitioner who by way of business provides auditing services to other persons, when providing such services;
"casino" means the holder of a licence to operate a casino in the Territory;
"dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging-
articles made from gold, silver, platinum or palladium, or
precious stones or pearls;
"external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services;
"independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services;
"real estate agent" means a firm or sole practitioner, who by way of business provides real estate agency services to their client in relation to transactions concerning the buying or selling of real estate by their client, when the work is being carried out;
"tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services;
"trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services-
forming companies or other legal persons,
acting, or arranging for another person to act-
as a director or secretary of a company,
as a partner of a partnership, or
in a similar capacity in relation to other legal persons,
providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement,
acting, or arranging for another person to act, as-
a trustee of an express trust or similar legal arrangement, or
a nominee shareholder for a person.
(9) In paragraph (8), "firm" means any entity that, whether or not a legal person, is not an individual, and includes a body corporate and a partnership or other unincorporated association.".
6. The Libya (Restrictive Measures) (Overseas Territories) Order 2011(6) is amended as set out in articles 7 and 8.
7. In the section heading following article 29 (miscellaneous), at the end, insert "and others".
8.-(1) Article 30 (failure to disclose knowledge or suspicion) is amended as follows.
(2) In paragraphs (1), (2), (4) and (6), after "relevant institution", in each place it occurs, insert "or relevant business or profession".
(3) In paragraph (5), for "In this paragraph "relevant person"", substitute "In this article, "relevant person", in respect of a relevant institution,".
(4) After paragraph (5), insert-
"(5A) In this article, "relevant person", in respect of a relevant business or profession, means-
(a)a customer of the relevant business or profession;
(b)a person who has been a customer of the relevant business or profession at any time on or after 7th November 2018 and has ceased to be a customer; or
(c)a person with whom the relevant business or profession has had dealings in the course of business on or after that date."
(5) After paragraph (6), insert-
"(7) In this article, a "relevant business or profession" means any of the following operating in the Territory-
(a)an auditor,
(b)a casino,
(c)a dealer in precious metals or stones,
(d)an external accountant,
(e)an independent legal professional,
(f)a real estate agent,
(g)a tax adviser, and
(h)a trust or company service provider.
(8) For the purpose of paragraph (7)-
"auditor" means a firm or sole practitioner who by way of business provides auditing services to other persons, when providing such services;
"casino" means the holder of a licence to operate a casino in the Territory;
"dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging-
articles made from gold, silver, platinum or palladium, or
precious stones or pearls;
"external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services;
"independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services;
"real estate agent" means a firm or sole practitioner, who by way of business provides real estate agency services to their client in relation to transactions concerning the buying or selling of real estate by their client, when the work is being carried out;
"tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services;
"trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services-
forming companies or other legal persons,
acting, or arranging for another person to act-
as a director or secretary of a company,
as a partner of a partnership, or
in a similar capacity in relation to other legal persons,
providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement,
acting, or arranging for another person to act, as-
a trustee of an express trust or similar legal arrangement, or
a nominee shareholder for a person.
(9) In paragraph (8), "firm" means any entity that, whether or not a legal person, is not an individual, and includes a body corporate and a partnership or other unincorporated association.".
9. The Egypt (Restrictive Measures) (Overseas Territories) Order 2011(7) is amended as set out in articles 10 and 11.
10. In the section heading following article 9 (licences), at the end, insert "and others".
11.-(1) Article 10 (failure to disclose knowledge or suspicion) is amended as follows.
(2) In paragraphs (1), (2), (4) and (6), after "relevant institution", in each place it occurs, insert "or relevant business or profession".
(3) In paragraph (5), for "In this paragraph "relevant person"", substitute "In this article, "relevant person", in respect of a relevant institution,".
(4) After paragraph (5), insert-
"(5A) In this article, "relevant person", in respect of a relevant business or profession, means-
(a)a customer of the relevant business or profession;
(b)a person who has been a customer of the relevant business or profession at any time on or after 7th November 2018 and has ceased to be a customer; or
(c)a person with whom the relevant business or profession has had dealings in the course of business on or after that date."
(5) After paragraph (6), insert-
"(7) In this article, a "relevant business or profession" means any of the following operating in the Territory-
(a)an auditor,
(b)a casino,
(c)a dealer in precious metals or stones,
(d)an external accountant,
(e)an independent legal professional,
(f)a real estate agent,
(g)a tax adviser, and
(h)a trust or company service provider.
(8) For the purpose of paragraph (7)-
"auditor" means a firm or sole practitioner who by way of business provides auditing services to other persons, when providing such services;
"casino" means the holder of a licence to operate a casino in the Territory;
"dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging-
articles made from gold, silver, platinum or palladium, or
precious stones or pearls;
"external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services;
"independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services;
"real estate agent" means a firm or sole practitioner, who by way of business provides real estate agency services to their client in relation to transactions concerning the buying or selling of real estate by their client, when the work is being carried out;
"tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services;
"trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services-
forming companies or other legal persons,
acting, or arranging for another person to act-
as a director or secretary of a company,
as a partner of a partnership, or
in a similar capacity in relation to other legal persons,
providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement,
acting, or arranging for another person to act, as-
a trustee of an express trust or similar legal arrangement, or
a nominee shareholder for a person.
(9) In paragraph (8), "firm" means any entity that, whether or not a legal person, is not an individual, and includes a body corporate and a partnership or other unincorporated association.".
12. The Belarus (Restrictive Measures) (Overseas Territories) Order 2011(8) is amended as set out in articles 13 and 14.
13. In the section heading following article 20 (licences), at the end, insert "and others".
14.-(1) Article 21 (failure to disclose knowledge or suspicion) is amended as follows.
(2) In paragraphs (1), (2), (4) and (6), after "relevant institution", in each place it occurs, insert "or relevant business or profession".
(3) In paragraph (5), for "In this paragraph "relevant person"", substitute "In this article, "relevant person", in respect of a relevant institution,".
(4) After paragraph (5), insert-
"(5A) In this article, "relevant person", in respect of a relevant business or profession, means-
(a)a customer of the relevant business or profession;
(b)a person who has been a customer of the relevant business or profession at any time on or after 7th November 2018 and has ceased to be a customer; or
(c)a person with whom the relevant business or profession has had dealings in the course of business on or after that date.".
(5) After paragraph (6), insert-
"(7) In this article, a "relevant business or profession" means any of the following operating in the Territory-
(a)an auditor,
(b)a casino,
(c)a dealer in precious metals or stones,
(d)an external accountant,
(e)an independent legal professional,
(f)a real estate agent,
(g)a tax adviser, and
(h)a trust or company service provider.
(8) For the purpose of paragraph (7)-
"auditor" means a firm or sole practitioner who by way of business provides auditing services to other persons, when providing such services;
"casino" means the holder of a licence to operate a casino in the Territory;
"dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging-
articles made from gold, silver, platinum or palladium, or
precious stones or pearls;
"external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services;
"independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services;
"real estate agent" means a firm or sole practitioner, who by way of business provides real estate agency services to their client in relation to transactions concerning the buying or selling of real estate by their client, when the work is being carried out;
"tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services;
"trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services-
forming companies or other legal persons,
acting, or arranging for another person to act-
as a director or secretary of a company,
as a partner of a partnership, or
in a similar capacity in relation to other legal persons,
providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement,
acting, or arranging for another person to act, as-
a trustee of an express trust or similar legal arrangement, or
a nominee shareholder for a person.
(9) In paragraph (8), "firm" means any entity that, whether or not a legal person, is not an individual, and includes a body corporate and a partnership or other unincorporated association.".
15. The Iran (Restrictive Measures) (Overseas Territories) Order 2011(9) is amended as set out in articles 16 and 17.
16. In the section heading following article 9 (licences), at the end, insert "and others".
17.-(1) Article 10 (failure to disclose knowledge or suspicion) is amended as follows.
(2) In paragraphs (1), (2), (4) and (6), after "relevant institution", in each place it occurs, insert "or relevant business or profession".
(3) In paragraph (5), for "In this paragraph "relevant person"", substitute "In this article, "relevant person", in respect of a relevant institution,".
(4) After paragraph (5), insert-
"(5A) In this article, "relevant person", in respect of a relevant business or profession, means-
(a)a customer of the relevant business or profession;
(b)a person who has been a customer of the relevant business or profession at any time on or after 7th November 2018 and has ceased to be a customer; or
(c)a person with whom the relevant business or profession has had dealings in the course of business on or after that date.".
(5) After paragraph (6), insert-
"(7) In this article, a "relevant business or profession" means any of the following operating in the Territory-
(a)an auditor,
(b)a casino,
(c)a dealer in precious metals or stones,
(d)an external accountant,
(e)an independent legal professional,
(f)a real estate agent,
(g)a tax adviser, and
(h)a trust or company service provider.
(8) For the purpose of paragraph (7)-
"auditor" means a firm or sole practitioner who by way of business provides auditing services to other persons, when providing such services;
"casino" means the holder of a licence to operate a casino in the Territory;
"dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging-
articles made from gold, silver, platinum or palladium, or
precious stones or pearls;
"external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services;
"independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services;
"real estate agent" means a firm or sole practitioner, who by way of business provides real estate agency services to their client in relation to transactions concerning the buying or selling of real estate by their client, when the work is being carried out;
"tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services;
"trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services-
forming companies or other legal persons,
acting, or arranging for another person to act-
as a director or secretary of a company,
as a partner of a partnership, or
in a similar capacity in relation to other legal persons,
providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement,
acting, or arranging for another person to act, as-
a trustee of an express trust or similar legal arrangement, or
a nominee shareholder for a person.
(9) In paragraph (8), "firm" means any entity that, whether or not a legal person, is not an individual, and includes a body corporate and a partnership or other unincorporated association.".
18.-(1) Article 41 (information relating to funds etc.) of the Syria (Restrictive Measures) (Overseas Territories) Order 2012(10) is amended as follows.
(2) In paragraphs (1), (2), (4) and (6), after "relevant institution", in each place it occurs, insert "or relevant business or profession".
(3) For paragraph (5), substitute-
"(5) In this article, "relevant person", in respect of a relevant institution, means-
(a)a customer of the relevant institution;
(b)a person who has been a customer of the relevant institution at any time on or after the date on which this Order comes into force and has ceased to be a customer; or
(c)a person with whom the relevant institution, has had dealings in the course of business on or after that date.".
(4) After paragraph (5), insert-
"(5A) In this article, "relevant person", in respect of a relevant business or profession, means-
(a)a customer of the relevant business or profession;
(b)a person who has been a customer of the relevant business or profession at any time on or after 7th November 2018 and has ceased to be a customer; or
(c)a person with whom the relevant business or profession, has had dealings in the course of business on or after that date.".
(5) After paragraph (7), insert-
"(8) In this article, a "relevant business or profession" means any of the following operating in the Territory-
(a)an auditor,
(b)a casino,
(c)a dealer in precious metals or stones,
(d)an external accountant,
(e)an independent legal professional,
(f)a real estate agent,
(g)a tax adviser, and
(h)a trust or company service provider.
(9) For the purpose of paragraph (8)-
"auditor" means a firm or sole practitioner who by way of business provides auditing services to other persons, when providing such services;
"casino" means the holder of a licence to operate a casino in the Territory;
"dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging-
articles made from gold, silver, platinum or palladium, or
precious stones or pearls;
"external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services;
"independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services;
"real estate agent" means a firm or sole practitioner, who by way of business provides real estate agency services to their client in relation to transactions concerning the buying or selling of real estate by their client, when the work is being carried out;
"tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services;
"trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services-
forming companies or other legal persons,
acting, or arranging for another person to act-
as a director or secretary of a company,
as a partner of a partnership, or
in a similar capacity in relation to other legal persons,
providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement,
acting, or arranging for another person to act, as-
a trustee of an express trust or similar legal arrangement, or
a nominee shareholder for a person.
(10) In paragraph (9), "firm" means any entity that, whether or not a legal person, is not an individual, and includes a body corporate and a partnership or other unincorporated association.".
19. The Afghanistan (United Nations Measures) (Overseas Territories) Order 2012(11) is amended as set out in articles 20 and 21.
20. In the section heading following article 21 (contravention and circumvention of prohibitions), at the end, insert "and others".
21.-(1) Article 22 (failure to disclose knowledge or suspicion) is amended as follows.
(2) In paragraphs (1), (2), (4) and (6), after "relevant institution", in each place it occurs, insert "or relevant business or profession".
(3) In paragraph (5), after "relevant person", insert ", in respect of a relevant institution,".
(4) After paragraph (5), insert-
"(5A) In this article, "relevant person", in respect of a relevant business or profession, means-
(a)a customer of the relevant business or profession;
(b)a person who has been a customer of the relevant business or profession at any time on or after 7th November 2018 and has ceased to be a customer; or
(c)a person with whom the relevant business or profession, has had dealings in the course of business on or after that date.".
(5) After paragraph (6), insert-
"(7) In this article, a "relevant business or profession" means any of the following operating in the Territory-
(a)an auditor,
(b)a casino,
(c)a dealer in precious metals or stones,
(d)an external accountant,
(e)an independent legal professional,
(f)a real estate agent,
(g)a tax adviser, and
(h)a trust or company service provider.
(8) For the purpose of paragraph (7)-
"auditor" means a firm or sole practitioner who by way of business provides auditing services to other persons, when providing such services;
"casino" means the holder of a licence to operate a casino in the Territory;
"dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging-
articles made from gold, silver, platinum or palladium, or
precious stones or pearls;
"external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services;
"independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services;
"real estate agent" means a firm or sole practitioner, who by way of business provides real estate agency services to their client in relation to transactions concerning the buying or selling of real estate by their client, when the work is being carried out;
"tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services;
"trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services-
forming companies or other legal persons,
acting, or arranging for another person to act-
as a director or secretary of a company,
as a partner of a partnership, or
in a similar capacity in relation to other legal persons,
providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement,
acting, or arranging for another person to act, as-
a trustee of an express trust or similar legal arrangement, or
a nominee shareholder for a person.
(9) In paragraph (8), "firm" means any entity that, whether or not a legal person, is not an individual, and includes a body corporate and a partnership or other unincorporated association.".
22.-(1) Article 6 (information relating to funds etc.) of the Eritrea (Sanctions) (Overseas Territories) Order 2012(12) is amended as follows.
(2) In paragraphs (2), (3), (5) and (6), after "relevant institution", in each place it occurs, insert "or relevant business or profession".
(3) After paragraph (7), insert-
"(8) For the purposes of this article, "customer", in relation to a relevant business or profession, includes-
(a)a person who is or has been a customer of the relevant business or profession at any time since 7th November 2018, or
(b)a person with whom the relevant business or profession has had dealings in the course of its business since 7th November 2018.
(9) In this article, a "relevant business or profession" means any of the following operating in the Territory-
(a)an auditor,
(b)a casino,
(c)a dealer in precious metals or stones,
(d)an external accountant,
(e)an independent legal professional,
(f)a real estate agent,
(g)a tax adviser, and
(h)a trust or company service provider.
(10) For the purpose of paragraph (9)-
"auditor" means a firm or sole practitioner who by way of business provides auditing services to other persons, when providing such services;
"casino" means the holder of a licence to operate a casino in the Territory;
"dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging-
articles made from gold, silver, platinum or palladium, or
precious stones or pearls;
"external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services;
"independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services;
"real estate agent" means a firm or sole practitioner, who by way of business provides real estate agency services to their client in relation to transactions concerning the buying or selling of real estate by their client, when the work is being carried out;
"tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services;
"trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services-
forming companies or other legal persons,
acting, or arranging for another person to act-
as a director or secretary of a company,
as a partner of a partnership, or
in a similar capacity in relation to other legal persons,
providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement,
acting, or arranging for another person to act, as-
a trustee of an express trust or similar legal arrangement, or
a nominee shareholder for a person.
(11) In paragraph (10), "firm" means any entity that, whether or not a legal person, is not an individual, and includes a body corporate and a partnership or other unincorporated association.".
23.-(1) Article 6 (information relating to funds etc.) of the Zimbabwe (Sanctions) (Overseas Territories) Order 2012(13) is amended as follows.
(2) In paragraphs (2), (3), (5) and (6), after "relevant institution", in each place it occurs, insert "or relevant business or profession".
(3) After paragraph (7), insert-
"(8) For the purposes of this article, "customer", in relation to a relevant business or profession, includes-
(a)a person who is or has been a customer of the relevant business or profession at any time since 7th November 2018, or
(b)a person with whom the relevant business or profession has had dealings in the course of its business since 7th November 2018.
(9) In this article, a "relevant business or profession" means any of the following operating in the Territory-
(a)an auditor,
(b)a casino,
(c)a dealer in precious metals or stones,
(d)an external accountant,
(e)an independent legal professional,
(f)a real estate agent,
(g)a tax adviser, and
(h)a trust or company service provider.
(10) For the purpose of paragraph (9)-
"auditor" means a firm or sole practitioner who by way of business provides auditing services to other persons, when providing such services;
"casino" means the holder of a licence to operate a casino in the Territory;
"dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging-
articles made from gold, silver, platinum or palladium, or
precious stones or pearls;
"external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services;
"independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services;
"real estate agent" means a firm or sole practitioner, who by way of business provides real estate agency services to their client in relation to transactions concerning the buying or selling of real estate by their client, when the work is being carried out;
"tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services;
"trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services-
forming companies or other legal persons,
acting, or arranging for another person to act-
as a director or secretary of a company,
as a partner of a partnership, or
in a similar capacity in relation to other legal persons,
providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement,
acting, or arranging for another person to act, as-
a trustee of an express trust or similar legal arrangement, or
a nominee shareholder for a person.
(11) In paragraph (10), "firm" means any entity that, whether or not a legal person, is not an individual, and includes a body corporate and a partnership or other unincorporated association.".
24.-(1) Article 6 (information relating to funds etc.) of the Somalia (Sanctions) (Overseas Territories) Order 2012(14) is amended as follows.
(2) In paragraphs (2), (3), (5) and (6), after "relevant institution", in each place it occurs, insert "or relevant business or profession".
(3) After paragraph (7) insert-
"(8) For the purposes of this article, "customer", in relation to a relevant business or profession, includes-
(a)a person who is or has been a customer of the relevant business or profession at any time since 7th November 2018, or
(b)a person with whom the relevant business or profession has had dealings in the course of its business since 7th November 2018.
(9) In this article, a "relevant business or profession" means any of the following operating in the Territory-
(a)an auditor,
(b)a casino,
(c)a dealer in precious metals or stones,
(d)an external accountant,
(e)an independent legal professional,
(f)a real estate agent,
(g)a tax adviser, and
(h)a trust or company service provider.
(10) For the purpose of paragraph (9)-
"auditor" means a firm or sole practitioner who by way of business provides auditing services to other persons, when providing such services;
"casino" means the holder of a licence to operate a casino in the Territory;
"dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging-
articles made from gold, silver, platinum or palladium, or
precious stones or pearls;
"external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services;
"independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services;
"real estate agent" means a firm or sole practitioner, who by way of business provides real estate agency services to their client in relation to transactions concerning the buying or selling of real estate by their client, when the work is being carried out;
"tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services;
"trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services-
forming companies or other legal persons,
acting, or arranging for another person to act-
as a director or secretary of a company,
as a partner of a partnership, or
in a similar capacity in relation to other legal persons,
providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement,
acting, or arranging for another person to act, as-
a trustee of an express trust or similar legal arrangement, or
a nominee shareholder for a person.
(11) In paragraph (10), "firm" means any entity that, whether or not a legal person, is not an individual, and includes a body corporate and a partnership or other unincorporated association.".
25.-(1) Article 6 (information relating to funds etc.) of the Democratic People's Republic of Korea (Sanctions) (Overseas Territories) Order 2012(15) is amended as follows.
(2) In paragraphs (2), (3), (5) and (6), after "relevant institution", in each place it occurs, insert "or relevant business or profession".
(3) After paragraph (7) insert-
"(8) For the purposes of this article, "customer", in relation to a relevant business or profession, includes-
(a)a person who is or has been a customer of the relevant business or profession at any time since 7th November 2018, or
(b)a person with whom the relevant business or profession has had dealings in the course of its business since 7th November 2018.
(9) In this article, a "relevant business or profession" means any of the following operating in the Territory-
(a)an auditor,
(b)a casino,
(c)a dealer in precious metals or stones,
(d)an external accountant,
(e)an independent legal professional,
(f)a real estate agent,
(g)a tax adviser, and
(h)a trust or company service provider.
(10) For the purpose of paragraph (9)-
"auditor" means a firm or sole practitioner who by way of business provides auditing services to other persons, when providing such services;
"casino" means the holder of a licence to operate a casino in the Territory;
"dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging-
articles made from gold, silver, platinum or palladium, or
precious stones or pearls;
"external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services;
"independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services;
"real estate agent" means a firm or sole practitioner, who by way of business provides real estate agency services to their client in relation to transactions concerning the buying or selling of real estate by their client, when the work is being carried out;
"tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services;
"trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services-
forming companies or other legal persons,
acting, or arranging for another person to act-
as a director or secretary of a company,
as a partner of a partnership, or
in a similar capacity in relation to other legal persons,
providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement,
acting, or arranging for another person to act, as-
a trustee of an express trust or similar legal arrangement, or
a nominee shareholder for a person.
(11) In paragraph (10), "firm" means any entity that, whether or not a legal person, is not an individual, and includes a body corporate and a partnership or other unincorporated association.".
26.-(1) Article 6 (information relating to funds etc.) of the Guinea-Bissau (Sanctions) (Overseas Territories) Order 2012(16) is amended as follows.
(2) In paragraphs (2), (3), (5) and (6), after "relevant institution", in each place it occurs, insert "or relevant business or profession".
(3) After paragraph (7) insert-
"(8) For the purposes of this article, "customer", in relation to a relevant business or profession, includes-
(a)a person who is or has been a customer of the relevant business or profession at any time since 7th November 2018, or
(b)a person with whom the relevant business or profession has had dealings in the course of its business since 7th November 2018.
(9) In this article, a "relevant business or profession" means any of the following operating in the Territory-
(a)an auditor,
(b)a casino,
(c)a dealer in precious metals or stones,
(d)an external accountant,
(e)an independent legal professional,
(f)a real estate agent,
(g)a tax adviser, and
(h)a trust or company service provider.
(10) For the purpose of paragraph (9)-
"auditor" means a firm or sole practitioner who by way of business provides auditing services to other persons, when providing such services;
"casino" means the holder of a licence to operate a casino in the Territory;
"dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging-
articles made from gold, silver, platinum or palladium, or
precious stones or pearls;
"external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services;
"independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services;
"real estate agent" means a firm or sole practitioner, who by way of business provides real estate agency services to their client in relation to transactions concerning the buying or selling of real estate by their client, when the work is being carried out;
"tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services;
"trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services-
forming companies or other legal persons,
acting, or arranging for another person to act-
as a director or secretary of a company,
as a partner of a partnership, or
in a similar capacity in relation to other legal persons,
providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement,
acting, or arranging for another person to act, as-
a trustee of an express trust or similar legal arrangement, or
a nominee shareholder for a person.
(11) In paragraph (10), "firm" means any entity that, whether or not a legal person, is not an individual, and includes a body corporate and a partnership or other unincorporated association.".
27.-(1) Article 6 (information relating to funds etc.) of the Guinea (Sanctions) (Overseas Territories) Order 2013(17) is amended as follows.
(2) In paragraphs (2), (3), (5) and (6), after "relevant institution", in each place it occurs, insert "or relevant business or profession".
(3) After paragraph (7) insert-
"(8) For the purposes of this article, "customer", in relation to a relevant business or profession, includes-
(a)a person who is or has been a customer of the relevant business or profession at any time since 7th November 2018, or
(b)a person with whom the relevant business or profession has had dealings in the course of its business since 7th November 2018.
(9) In this article, a "relevant business or profession" means any of the following operating in the Territory-
(a)an auditor,
(b)a casino,
(c)a dealer in precious metals or stones,
(d)an external accountant,
(e)an independent legal professional,
(f)a real estate agent,
(g)a tax adviser, and
(h)a trust or company service provider.
(10) For the purpose of paragraph (9)-
"auditor" means a firm or sole practitioner who by way of business provides auditing services to other persons, when providing such services;
"casino" means the holder of a licence to operate a casino in the Territory;
"dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging-
articles made from gold, silver, platinum or palladium, or
precious stones or pearls;
"external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services;
"independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services;
"real estate agent" means a firm or sole practitioner, who by way of business provides real estate agency services to their client in relation to transactions concerning the buying or selling of real estate by their client, when the work is being carried out;
"tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services;
"trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services-
forming companies or other legal persons,
acting, or arranging for another person to act-
as a director or secretary of a company,
as a partner of a partnership, or
in a similar capacity in relation to other legal persons,
providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement,
acting, or arranging for another person to act, as-
a trustee of an express trust or similar legal arrangement, or
a nominee shareholder for a person.
(11) In paragraph (10), "firm" means any entity that, whether or not a legal person, is not an individual, and includes a body corporate and a partnership or other unincorporated association.".
28.-(1) Article 6 (information relating to funds etc.) of the Ukraine (Sanctions) (Overseas Territories) (No. 3) Order 2014(18) is amended as follows.
(2) In paragraphs (2), (3), (5) and (6), after "relevant institution", in each place it occurs, insert "or relevant business or profession".
(3) After paragraph (7) insert-
"(8) For the purposes of this article, "customer", in relation to a relevant business or profession, includes-
(a)a person who is or has been a customer of the relevant business or profession at any time since 7th November 2018, or
(b)a person with whom the relevant business or profession has had dealings in the course of its business since 7th November 2018.
(9) In this article, a "relevant business or profession" means any of the following operating in the Territory-
(a)an auditor,
(b)a casino,
(c)a dealer in precious metals or stones,
(d)an external accountant,
(e)an independent legal professional,
(f)a real estate agent,
(g)a tax adviser, and
(h)a trust or company service provider.
(10) For the purpose of paragraph (9)-
"auditor" means a firm or sole practitioner who by way of business provides auditing services to other persons, when providing such services;
"casino" means the holder of a licence to operate a casino in the Territory;
"dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging-
articles made from gold, silver, platinum or palladium, or
precious stones or pearls;
"external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services;
"independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services;
"real estate agent" means a firm or sole practitioner, who by way of business provides real estate agency services to their client in relation to transactions concerning the buying or selling of real estate by their client, when the work is being carried out;
"tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services;
"trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services-
forming companies or other legal persons,
acting, or arranging for another person to act-
as a director or secretary of a company,
as a partner of a partnership, or
in a similar capacity in relation to other legal persons,
providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement,
acting, or arranging for another person to act, as-
a trustee of an express trust or similar legal arrangement, or
a nominee shareholder for a person.
(11) In paragraph (10), "firm" means any entity that, whether or not a legal person, is not an individual, and includes a body corporate and a partnership or other unincorporated association.".
29.-(1) Article 6 (information relating to funds etc.) of the Ukraine (Sanctions) (Overseas Territories) (No. 2) Order 2014(19) is amended as follows.
(2) In paragraphs (2), (3), (5) and (6), after "relevant institution", in each place it occurs, insert "or relevant business or profession".
(3) After paragraph (7) insert-
"(8) For the purposes of this article, "customer", in relation to a relevant business or profession, includes-
(a)a person who is or has been a customer of the relevant business or profession at any time since 7th November 2018, or
(b)a person with whom the relevant business or profession has had dealings in the course of its business since 7th November 2018.
(9) In this article, a "relevant business or profession" means any of the following operating in the Territory-
(a)an auditor,
(b)a casino,
(c)a dealer in precious metals or stones,
(d)an external accountant,
(e)an independent legal professional,
(f)a real estate agent,
(g)a tax adviser, and
(h)a trust or company service provider.
(10) For the purpose of paragraph (9)-
"auditor" means a firm or sole practitioner who by way of business provides auditing services to other persons, when providing such services;
"casino" means the holder of a licence to operate a casino in the Territory;
"dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging-
articles made from gold, silver, platinum or palladium, or
precious stones or pearls;
"external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services;
"independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services;
"real estate agent" means a firm or sole practitioner, who by way of business provides real estate agency services to their client in relation to transactions concerning the buying or selling of real estate by their client, when the work is being carried out;
"tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services;
"trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services-
forming companies or other legal persons,
acting, or arranging for another person to act-
as a director or secretary of a company,
as a partner of a partnership, or
in a similar capacity in relation to other legal persons,
providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement,
acting, or arranging for another person to act, as-
a trustee of an express trust or similar legal arrangement, or
a nominee shareholder for a person.
(11) In paragraph (10), "firm" means any entity that, whether or not a legal person, is not an individual, and includes a body corporate and a partnership or other unincorporated association.".
30.-(1) Article 6 (information relating to funds etc.) of the Central African Republic (Sanctions) (Overseas Territories) Order 2014(20) is amended as follows.
(2) In paragraphs (2), (3), (5) and (6), after "relevant institution", in each place it occurs, insert "or relevant business or profession".
(3) After paragraph (7) insert-
"(8) For the purposes of this article, "customer", in relation to a relevant business or profession, includes-
(a)a person who is or has been a customer of the relevant business or profession at any time since 7th November 2018, or
(b)a person with whom the relevant business or profession has had dealings in the course of its business since 7th November 2018.
(9) In this article, a "relevant business or profession" means any of the following operating in the Territory-
(a)an auditor,
(b)a casino,
(c)a dealer in precious metals or stones,
(d)an external accountant,
(e)an independent legal professional,
(f)a real estate agent,
(g)a tax adviser, and
(h)a trust or company service provider.
(10) For the purpose of paragraph (9)-
"auditor" means a firm or sole practitioner who by way of business provides auditing services to other persons, when providing such services;
"casino" means the holder of a licence to operate a casino in the Territory;
"dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging-
articles made from gold, silver, platinum or palladium, or
precious stones or pearls;
"external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services;
"independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services;
"real estate agent" means a firm or sole practitioner, who by way of business provides real estate agency services to their client in relation to transactions concerning the buying or selling of real estate by their client, when the work is being carried out;
"tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services;
"trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services-
forming companies or other legal persons,
acting, or arranging for another person to act-
as a director or secretary of a company,
as a partner of a partnership, or
in a similar capacity in relation to other legal persons,
providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement,
acting, or arranging for another person to act, as-
a trustee of an express trust or similar legal arrangement, or
a nominee shareholder for a person.
(11) In paragraph (10), "firm" means any entity that, whether or not a legal person, is not an individual, and includes a body corporate and a partnership or other unincorporated association.".
31.-(1) Article 6 (information relating to funds etc.) of the South Sudan (Sanctions) (Overseas Territories) Order 2014(21) is amended as follows.
(2) In paragraphs (2), (3), (5) and (6), after "relevant institution", in each place it occurs, insert "or relevant business or profession".
(3) After paragraph (7) insert-
"(8) For the purposes of this article, "customer", in relation to a relevant business or profession, includes-
(a)a person who is or has been a customer of the relevant business or profession at any time since 7th November 2018, or
(b)a person with whom the relevant business or profession has had dealings in the course of its business since 7th November 2018.
(9) In this article, a "relevant business or profession" means any of the following operating in the Territory-
(a)an auditor,
(b)a casino,
(c)a dealer in precious metals or stones,
(d)an external accountant,
(e)an independent legal professional,
(f)a real estate agent,
(g)a tax adviser, and
(h)a trust or company service provider.
(10) For the purpose of paragraph (9)-
"auditor" means a firm or sole practitioner who by way of business provides auditing services to other persons, when providing such services;
"casino" means the holder of a licence to operate a casino in the Territory;
"dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging-
articles made from gold, silver, platinum or palladium, or
precious stones or pearls;
"external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services;
"independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services;
"real estate agent" means a firm or sole practitioner, who by way of business provides real estate agency services to their client in relation to transactions concerning the buying or selling of real estate by their client, when the work is being carried out;
"tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services;
"trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services-
forming companies or other legal persons,
acting, or arranging for another person to act-
as a director or secretary of a company,
as a partner of a partnership, or
in a similar capacity in relation to other legal persons,
providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement,
acting, or arranging for another person to act, as-
a trustee of an express trust or similar legal arrangement, or
a nominee shareholder for a person.
(11) In paragraph (10), "firm" means any entity that, whether or not a legal person, is not an individual, and includes a body corporate and a partnership or other unincorporated association.".
32.-(1) Article 6 (information relating to funds etc.) of the Sudan (Sanctions) (Overseas Territories) Order 2014(22) is amended as follows.
(2) In paragraphs (2), (3), (5) and (6), after "relevant institution", in each place it occurs, insert "or relevant business or profession".
(3) After paragraph (7) insert-
"(8) For the purposes of this article, "customer", in relation to a relevant business or profession, includes-
(a)a person who is or has been a customer of the relevant business or profession at any time since 7th November 2018, or
(b)a person with whom the relevant business or profession has had dealings in the course of its business since 7th November 2018.
(9) In this article, a "relevant business or profession" means any of the following operating in the Territory-
(a)an auditor,
(b)a casino,
(c)a dealer in precious metals or stones,
(d)an external accountant,
(e)an independent legal professional,
(f)a real estate agent,
(g)a tax adviser, and
(h)a trust or company service provider.
(10) For the purpose of paragraph (9)-
"auditor" means a firm or sole practitioner who by way of business provides auditing services to other persons, when providing such services;
"casino" means the holder of a licence to operate a casino in the Territory;
"dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging-
articles made from gold, silver, platinum or palladium, or
precious stones or pearls;
"external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services;
"independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services;
"real estate agent" means a firm or sole practitioner, who by way of business provides real estate agency services to their client in relation to transactions concerning the buying or selling of real estate by their client, when the work is being carried out;
"tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services;
"trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services-
forming companies or other legal persons,
acting, or arranging for another person to act-
as a director or secretary of a company,
as a partner of a partnership, or
in a similar capacity in relation to other legal persons,
providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement,
acting, or arranging for another person to act, as-
a trustee of an express trust or similar legal arrangement, or
a nominee shareholder for a person.
(11) In paragraph (10), "firm" means any entity that, whether or not a legal person, is not an individual, and includes a body corporate and a partnership or other unincorporated association.".
33.-(1) Article 6 (information relating to funds etc.) of the Yemen (Sanctions) (Overseas Territories) (No.2) Order 2015(23) is amended as follows.
(2) In paragraphs (2), (3), (5) and (6), after "relevant institution", in each place it occurs, insert "or relevant business or profession".
(3) After paragraph (7) insert-
"(8) For the purposes of this article, "customer", in relation to a relevant business or profession, includes-
(a)a person who is or has been a customer of the relevant business or profession at any time since 7th November 2018, or
(b)a person with whom the relevant business or profession has had dealings in the course of its business since 7th November 2018.
(9) In this article, a "relevant business or profession" means any of the following operating in the Territory-
(a)an auditor,
(b)a casino,
(c)a dealer in precious metals or stones,
(d)an external accountant,
(e)an independent legal professional,
(f)a real estate agent,
(g)a tax adviser, and
(h)a trust or company service provider.
(10) For the purpose of paragraph (9)-
"auditor" means a firm or sole practitioner who by way of business provides auditing services to other persons, when providing such services;
"casino" means the holder of a licence to operate a casino in the Territory;
"dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging-
articles made from gold, silver, platinum or palladium, or
precious stones or pearls;
"external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services;
"independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services;
"real estate agent" means a firm or sole practitioner, who by way of business provides real estate agency services to their client in relation to transactions concerning the buying or selling of real estate by their client, when the work is being carried out;
"tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services;
"trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services-
forming companies or other legal persons,
acting, or arranging for another person to act-
as a director or secretary of a company,
as a partner of a partnership, or
in a similar capacity in relation to other legal persons,
providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement,
acting, or arranging for another person to act, as-
a trustee of an express trust or similar legal arrangement, or
a nominee shareholder for a person.
(11) In paragraph (10), "firm" means any entity that, whether or not a legal person, is not an individual, and includes a body corporate and a partnership or other unincorporated association.".
34.-(1) Article 6 (information relating to funds etc.) of the Democratic Republic of the Congo (Sanctions) (Overseas Territories) Order 2015(24) is amended as follows.
(2) In paragraphs (2, (3), (5) and (6), after "relevant institution", in each place it occurs, insert "or relevant business or profession".
(3) After paragraph (7) insert-
"(8) For the purposes of this article, "customer", in relation to a relevant business or profession, includes-
(a)a person who is or has been a customer of the relevant business or profession at any time since 7th November 2018, or
(b)a person with whom the relevant business or profession has had dealings in the course of its business since 7th November 2018.
(9) In this article, a "relevant business or profession" means any of the following operating in the Territory-
(a)an auditor,
(b)a casino,
(c)a dealer in precious metals or stones,
(d)an external accountant,
(e)an independent legal professional,
(f)a real estate agent,
(g)a tax adviser, and
(h)a trust or company service provider.
(10) For the purpose of paragraph (9)-
"auditor" means a firm or sole practitioner who by way of business provides auditing services to other persons, when providing such services;
"casino" means the holder of a licence to operate a casino in the Territory;
"dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging-
articles made from gold, silver, platinum or palladium, or
precious stones or pearls;
"external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services;
"independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services;
"real estate agent" means a firm or sole practitioner, who by way of business provides real estate agency services to their client in relation to transactions concerning the buying or selling of real estate by their client, when the work is being carried out;
"tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services;
"trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services-
forming companies or other legal persons,
acting, or arranging for another person to act-
as a director or secretary of a company,
as a partner of a partnership, or
in a similar capacity in relation to other legal persons,
providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement,
acting, or arranging for another person to act, as-
a trustee of an express trust or similar legal arrangement, or
a nominee shareholder for a person.
(11) In paragraph (10), "firm" means any entity that, whether or not a legal person, is not an individual, and includes a body corporate and a partnership or other unincorporated association.".
35.-(1) Article 6 (information relating to funds etc.) of the Iraq (Sanctions) (Overseas Territories) Order 2015(25) is amended as follows.
(2) In paragraphs (2), (3), (5) and (6), after "relevant institution", in each place it occurs, insert "or relevant business or profession".
(3) After paragraph (7) insert-
"(8) For the purposes of this article, "customer", in relation to a relevant business or profession, includes-
(a)a person who is or has been a customer of the relevant business or profession at any time since 7th November 2018, or
(b)a person with whom the relevant business or profession has had dealings in the course of its business since 7th November 2018.
(9) In this article, a "relevant business or profession" means any of the following operating in the Territory-
(a)an auditor,
(b)a casino,
(c)a dealer in precious metals or stones,
(d)an external accountant,
(e)an independent legal professional,
(f)a real estate agent,
(g)a tax adviser, and
(h)a trust or company service provider.
(10) For the purpose of paragraph (9)-
"auditor" means a firm or sole practitioner who by way of business provides auditing services to other persons, when providing such services;
"casino" means the holder of a licence to operate a casino in the Territory;
"dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging-
articles made from gold, silver, platinum or palladium, or
precious stones or pearls;
"external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services;
"independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services;
"real estate agent" means a firm or sole practitioner, who by way of business provides real estate agency services to their client in relation to transactions concerning the buying or selling of real estate by their client, when the work is being carried out;
"tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services;
"trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services-
forming companies or other legal persons,
acting, or arranging for another person to act-
as a director or secretary of a company,
as a partner of a partnership, or
in a similar capacity in relation to other legal persons,
providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement,
acting, or arranging for another person to act, as-
a trustee of an express trust or similar legal arrangement, or
a nominee shareholder for a person.
(11) In paragraph (10), "firm" means any entity that, whether or not a legal person, is not an individual, and includes a body corporate and a partnership or other unincorporated association.".
36.-(1) Article 6 (information relating to funds etc.) of the Burundi (Sanctions) (Overseas Territories) Order 2015(26) is amended as follows.
(2) In paragraphs (2), (3), (5) and (6), after "relevant institution", in each place it occurs, insert "or relevant business or profession".
(3) After paragraph (7) insert-
"(8) For the purposes of this article, "customer", in relation to a relevant business or profession, includes-
(a)a person who is or has been a customer of the relevant business or profession at any time since 7th November 2018, or
(b)a person with whom the relevant business or profession has had dealings in the course of its business since 7th November 2018.
(9) In this article, a "relevant business or profession" means any of the following operating in the Territory-
(a)an auditor,
(b)a casino,
(c)a dealer in precious metals or stones,
(d)an external accountant,
(e)an independent legal professional,
(f)a real estate agent,
(g)a tax adviser, and
(h)a trust or company service provider.
(10) For the purpose of paragraph (9)-
"auditor" means a firm or sole practitioner who by way of business provides auditing services to other persons, when providing such services;
"casino" means the holder of a licence to operate a casino in the Territory;
"dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging-
articles made from gold, silver, platinum or palladium, or
precious stones or pearls;
"external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services;
"independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services;
"real estate agent" means a firm or sole practitioner, who by way of business provides real estate agency services to their client in relation to transactions concerning the buying or selling of real estate by their client, when the work is being carried out;
"tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services;
"trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services-
forming companies or other legal persons,
acting, or arranging for another person to act-
as a director or secretary of a company,
as a partner of a partnership, or
in a similar capacity in relation to other legal persons,
providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement,
acting, or arranging for another person to act, as-
a trustee of an express trust or similar legal arrangement, or
a nominee shareholder for a person.
(11) In paragraph (10), "firm" means any entity that, whether or not a legal person, is not an individual, and includes a body corporate and a partnership or other unincorporated association.".
37.-(1) Article 8 (information relating to funds etc.) of the Iran (Sanctions) (Overseas Territories) Order 2016(27) is amended as follows.
(2) In paragraphs (2), (3), (5) and (6), after "relevant institution", in each place it occurs, insert "or relevant business or profession".
(3) After paragraph (7) insert-
"(8) In this article, "customer", in relation to a relevant business or profession, includes-
(a)a person who is or has been a customer of the relevant business or profession at any time since 7th November 2018, or
(b)a person with whom the relevant business or profession has had dealings in the course of its business since 7th November 2018.
(9) In this article, a "relevant business or profession" means any of the following operating in the Territory-
(a)an auditor,
(b)a casino,
(c)a dealer in precious metals or stones,
(d)an external accountant,
(e)an independent legal professional,
(f)a real estate agent,
(g)a tax adviser, and
(h)a trust or company service provider.
(10) For the purpose of paragraph (9)-
"auditor" means a firm or sole practitioner who by way of business provides auditing services to other persons, when providing such services;
"casino" means the holder of a licence to operate a casino in the Territory;
"dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging-
articles made from gold, silver, platinum or palladium, or
precious stones or pearls;
"external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services;
"independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services;
"real estate agent" means a firm or sole practitioner, who by way of business provides real estate agency services to their client in relation to transactions concerning the buying or selling of real estate by their client, when the work is being carried out;
"tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services;
"trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services-
forming companies or other legal persons,
acting, or arranging for another person to act-
as a director or secretary of a company,
as a partner of a partnership, or
in a similar capacity in relation to other legal persons,
providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement,
acting, or arranging for another person to act, as-
a trustee of an express trust or similar legal arrangement, or
a nominee shareholder for a person.
(11) In paragraph (10), "firm" means any entity that, whether or not a legal person, is not an individual, and includes a body corporate and a partnership or other unincorporated association.".
38.-(1) Article 7 (information relating to funds etc.) of the ISIL (Da'esh) and Al-Qaida (Sanctions) (Overseas Territories) Order 2016(28) is amended as follows.
(2) In paragraphs (2), (3), (5) and (6), after "relevant institution", in each place it occurs, insert "or relevant business or profession".
(3) After paragraph (7) insert-
"(8) For the purposes of this article, "customer", in relation to a relevant business or profession, includes-
(a)a person who is or has been a customer of the relevant business or profession at any time since 7th November 2018, or
(b)a person with whom the relevant business or profession has had dealings in the course of its business since 7th November 2018.
(9) In this article, a "relevant business or profession" means any of the following operating in the Territory-
(a)an auditor,
(b)a casino,
(c)a dealer in precious metals or stones,
(d)an external accountant,
(e)an independent legal professional,
(f)a real estate agent,
(g)a tax adviser, and
(h)a trust or company service provider.
(10) For the purpose of paragraph (9)-
"auditor" means a firm or sole practitioner who by way of business provides auditing services to other persons, when providing such services;
"casino" means the holder of a licence to operate a casino in the Territory;
"dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging-
articles made from gold, silver, platinum or palladium, or
precious stones or pearls;
"external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services;
"independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services;
"real estate agent" means a firm or sole practitioner, who by way of business provides real estate agency services to their client in relation to transactions concerning the buying or selling of real estate by their client, when the work is being carried out;
"tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services;
"trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services-
forming companies or other legal persons,
acting, or arranging for another person to act-
as a director or secretary of a company,
as a partner of a partnership, or
in a similar capacity in relation to other legal persons,
providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement,
acting, or arranging for another person to act, as-
a trustee of an express trust or similar legal arrangement, or
a nominee shareholder for a person.
(11) In paragraph (10), "firm" means any entity that, whether or not a legal person, is not an individual, and includes a body corporate and a partnership or other unincorporated association.".
39.-(1) Article 6 (information relating to funds etc.) of the Mali (Sanctions) (Overseas Territories) Order 2017(29) is amended as follows.
(2) In paragraphs (2), (3), (5) and (6), after "relevant institution", in each place it occurs, insert "or relevant business or profession".
(3) After paragraph (7) insert-
"(8) For the purposes of this article, "customer", in relation to a relevant business or profession, includes-
(a)a person who is or has been a customer of the relevant business or profession at any time since 7th November 2018, or
(b)a person with whom the relevant business or profession has had dealings in the course of its business since 7th November 2018.
(9) In this article, a "relevant business or profession" means any of the following operating in the Territory-
(a)an auditor,
(b)a casino,
(c)a dealer in precious metals or stones,
(d)an external accountant,
(e)an independent legal professional,
(f)a real estate agent,
(g)a tax adviser, and
(h)a trust or company service provider.
(10) For the purpose of paragraph (9)-
"auditor" means a firm or sole practitioner who by way of business provides auditing services to other persons, when providing such services;
"casino" means the holder of a licence to operate a casino in the Territory;
"dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging-
articles made from gold, silver, platinum or palladium, or
precious stones or pearls;
"external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services;
"independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services;
"real estate agent" means a firm or sole practitioner, who by way of business provides real estate agency services to their client in relation to transactions concerning the buying or selling of real estate by their client, when the work is being carried out;
"tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services;
"trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services-
forming companies or other legal persons,
acting, or arranging for another person to act-
as a director or secretary of a company,
as a partner of a partnership, or
in a similar capacity in relation to other legal persons,
providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement,
acting, or arranging for another person to act, as-
a trustee of an express trust or similar legal arrangement, or
a nominee shareholder for a person.
(11) In paragraph (10), "firm" means any entity that, whether or not a legal person, is not an individual, and includes a body corporate and a partnership or other unincorporated association.".
40.-(1) Article 6 (information relating to funds etc.) of the Venezuela (Sanctions) (Overseas Territories) Order 2018(30) is amended as follows.
(2) In paragraphs (2), (3), (5) and (6), after "relevant institution", in each place it occurs, insert "or relevant business or profession".
(3) After paragraph (7) insert-
"(8) For the purposes of this article, "customer", in relation to a relevant business or profession, includes-
(a)a person who is or has been a customer of the relevant business or profession at any time since 7th November 2018, or
(b)a person with whom the relevant business or profession has had dealings in the course of its business since 7th November 2018.
(9) In this article, a "relevant business or profession" means any of the following operating in the Territory-
(a)an auditor,
(b)a casino,
(c)a dealer in precious metals or stones,
(d)an external accountant,
(e)an independent legal professional,
(f)a real estate agent,
(g)a tax adviser, and
(h)a trust or company service provider.
(10) For the purpose of paragraph (9)-
"auditor" means a firm or sole practitioner who by way of business provides auditing services to other persons, when providing such services;
"casino" means the holder of a licence to operate a casino in the Territory;
"dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging-
articles made from gold, silver, platinum or palladium, or
precious stones or pearls;
"external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services;
"independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services;
"real estate agent" means a firm or sole practitioner, who by way of business provides real estate agency services to their client in relation to transactions concerning the buying or selling of real estate by their client, when the work is being carried out;
"tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services;
"trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services-
forming companies or other legal persons,
acting, or arranging for another person to act-
as a director or secretary of a company,
as a partner of a partnership, or
in a similar capacity in relation to other legal persons,
providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement,
acting, or arranging for another person to act, as-
a trustee of an express trust or similar legal arrangement, or
a nominee shareholder for a person.
(11) In paragraph (10), "firm" means any entity that, whether or not a legal person, is not an individual, and includes a body corporate and a partnership or other unincorporated association.".
Richard Tilbrook
Clerk of the Privy Council
Article 1(2)
Anguilla
British Antarctic Territory
British Indian Ocean Territory
Cayman Islands
Falkland Islands
Montserrat
Pitcairn, Henderson, Ducie and Oeno Islands
St Helena, Ascension and Tristan da Cunha
South Georgia and the South Sandwich Islands
The Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus
Turks and Caicos Islands
Virgin Islands
(This note is not part of the Order)
This Order amends certain Orders, which relate to the implementation of sanctions measures in the Overseas Territories, and makes specific provision relating to the enforcement of financial sanctions measures.
The Orders being amended contain provisions which impose requirements on certain financial institutions to provide information to the Governor of the relevant territory if they know or suspect that a customer is the subject of an asset freeze for the purposes of the relevant financial sanctions regime, or has committed certain offences under the relevant Order.
The amendments made by this Order extend these requirements, including offences associated with failure to comply, to certain businesses and professions, namely auditors, casinos, dealers in precious metals and stones, external accountants, independent legal professionals, real estate agents, tax advisors, and trust or company service providers.
S.I. 2006/311, to which there are amendments not relevant to this Order.
S.I. 2011/748, to which there are amendments not relevant to this Order.
S.I. 2011/1080; relevant amending instruments are S.I. 2011/2717, 2012/356.
S.I. 2011/1679, to which there are amendments not relevant to this Order.
S.I. 2011/2440, amended by S.I. 2011/2988; there are other amending instruments but none is relevant.
S.I. 2011/2989, to which there are amendments not relevant to this Order.
S.I. 2012/1755, amended by S.I. 2012/3069; there are other amending instruments, but none is relevant.
S.I. 2012/1758, to which there are amendments not relevant to this Order.
S.I. 2012/2751, to which there are amendments not relevant to this Order.
S.I. 2012/2753, to which there are amendments not relevant to this Order.
S.I. 2012/3065, to which there are amendments not relevant to this Order.
S.I. 2012/3066; relevant amending instruments are S.I. 2016/630, 2017/1277.
S.I. 2012/3068, to which there are amendments not relevant to this Order.
S.I. 2013/244, to which there are amendments not relevant to this Order.
S.I. 2014/1368, to which there are amendments not relevant to this Order.
S.I. 2014/2703, to which there are amendments not relevant to this Order.
S.I. 2015/1382, amended by S.I. 2017/160.
S.I. 2016/371, to which there are amendments not relevant to this Order.
