General licence - IOM/2022/RUS029
The Treasury has the power to issue General Licences for financial and trade sanctions regimes under a number of Regulations.
On 23 August 2022, the Treasury issued General licence - IOM/2022/RUS029 under regulation 64 of the Russia Sanctions (EU Exit) Regulations 2019, as they apply to the Isle of Man by the Russia Sanctions (Application) Regulations 2020 [SD 2020/0504] (“the Regulations”).
Any persons intending to use General Licence IOM/2022/RUS029 should consult the copy of the Licence for full details of the permissions and usage requirements which can be found attached to this release.
General licence - IOM/2022/RUS029 allow Crown Servants, Contractors, & their Family Members to carry out activities in their personal capacity which would otherwise be prohibited.
For the purposes of General Licence IOM/2022/RUS029 a Crown Servant means an individual holding office or employment under the Crown.
A Contractor means an individual who is not a Crown Servant, but who has been contracted by the Crown to provide goods or services within or in relation to the Crown’s operations in Russia.
A Family Member means a member of the family forming part of the household of a Crown Servant or Contractor, namely:
(a) A spouse;
(b) A civil partner;
(c) An established partner; and,
(d) Dependent children up to the age of 18, or up to the age of 21 and in full-time education.
A Visiting Family Member mean:
(a) The spouse of a Crown servant, or Contractor;
(b) The civil partner of a Crown servant, or Contractor;
(c) The established partner of a Crown servant or contractor;
(d) Any parent or other ascendant of:
(i) a Crown servant or Contractor; or,
(ii) the spouse, civil partner or established partner of a Crown servant or Contractor;
(e) Any child or other descendant of:
(i) a Crown servant or Contractor; or,
(ii) the spouse, civil partner or established partner of a Crown servant or contractor;
(f) Any individual who is a brother or sister of:
(i) a Crown servant or Contractor; or,
(ii) the spouse, civil partner or established partner of a Crown servant or contractor;
(iii) the child or other descendant of that individual (i.e. nephews and nieces etc)..
A Person is an individual, a body of persons corporate or unincorporate, any organisation or any association or combination of persons; and a Relevant Institution is:
- a person who is licensed under the Financial Services Act 2008 (of Tynwald) to carry on a regulated activity within the meaning of section 3 of that Act;
- a person who is authorised or registered under the Insurance Act 2008 (of Tynwald) or holds a permit under that Act;
- a person who is registered under the Moneylenders Act 1991 (of Tynwald) to carry on the business of lending money;
- a person who is acting as a trustee or an administrator of a retirement benefits scheme within the meaning of the Retirement Benefits Schemes Act 2008 (of Tynwald)
Under General Licence IOM/2022/RUS029 and where Crown immunity does not apply to activities by reason of non-application of the Russia Regulations to the Crown, a Crown Servant, Contractor, Family Member or Visiting Family Member may carry out activities in their personal capacity in Russia which would otherwise be prohibited by regulations 11-15 and 17A of the Russia Regulations. In the case of a Visiting Family Member, the permission in paragraph 4.1 extends only to those activities which arise as a result of their being in Russia to visit the household of a Crown Servant or Contractor.
General
The permissions in General Licence IOM/2022/RUS029 which the person carrying out the act knows, or has reasonable grounds for suspecting, will result in funds or economic resources being made available in breach of The Russia Regulations, save as permitted under licences granted under the Russia Regulations.
The General Licence takes effect from the date of issue.
Further details of the sanctions regime related to Russia may be found on the Customs and Excise pages of the Isle of Man Government website.
