Explanatory Note
(This note is not part of the Order)
This Order extends with modifications the Cyber (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/597) ("the Cyber Sanctions Regulations") as amended from time to time to all British overseas territories except Bermuda and Gibraltar (which implement sanctions under their own legislative arrangements).
Section 63(3)(c) of the Sanctions and Anti-Money Laundering Act 2018 (c.13) ("the Sanctions Act") provides that Her Majesty may by Order in Council provide for any provision of Part 1 of that Act, or any regulations under Part 1 of that Act, to extend with or without modifications to any of the British overseas territories. Section 63(4) provides that this includes the power to extend any regulations as amended from time to time.
The Cyber Sanctions Regulations were made under Part 1 of the Sanctions Act to establish a sanctions regime for the purpose of furthering the prevention of relevant cyber activity (as defined in regulation 4 of the Regulations).
The Cyber Sanctions Regulations, as modified and extended to the British overseas territories listed in Schedule 1 by this Order ("the modified Regulations"), provide that a person designated by the Secretary of State for being, or having been, involved in relevant cyber activity, is a designated person for the purposes of the modified Regulations. Designated persons may be excluded from a territory and may be made subject to financial sanctions, including having their funds or economic resources frozen.