The Haiti (Sanctions) (Amendment) Regulations 2025
The Haiti (Sanctions) (Amendment) Regulations 2025 amend the 2022 regulations to incorporate UN Security Council Resolution 2752 (2024).
This resolution expands the arms embargo on Haiti to include a broader spectrum of military goods and related items.
The amendments update definitions, clarify prohibitions on the transfer of military technology and the provision of associated financial services or technical assistance, and introduce new offenses relating to these broader sanctions.
The regulations also modify existing penalties to match the updated prohibitions.
Arguments For
Compliance with International Obligations: Aligns UK law with UN Security Council Resolution 2752 (2024), fulfilling the UK's international commitments and maintaining credibility in the global effort to stabilize Haiti.
Strengthened Arms Embargo: Broadens the scope of the arms embargo to include a wider range of military goods and technology, potentially reducing the flow of weapons and resources to armed groups in Haiti and thereby enhancing peace and security.
Improved Enforcement: Clarifies and strengthens the legal framework for enforcing the sanctions related to the broader arms embargo and financial service provision, increasing the effectiveness of measures to restrict harmful activities.
Legal and Historical Basis: The regulations are created under the authority of the Sanctions and Anti-Money Laundering Act 2018, which provides a clear legal basis for implementing and enforcing UN-mandated sanctions.
Arguments Against
Economic Impact on Haiti: The broader scope of sanctions may negatively impact legitimate businesses and the overall Haitian economy, potentially deepening humanitarian challenges.
Implementation Challenges: Effectively monitoring and enforcing the wider scope of the sanctions across diverse trade channels presents significant logistical and practical challenges.
Alternative Approaches: The need to consider alternative approaches to addressing the security issues in Haiti, such as humanitarian aid, conflict resolution, and development initiatives, to achieve a lasting and sustainable peace.
Unintended Consequences: Broader sanctions could lead to unintended consequences, such as harming everyday citizens or hindering essential imports, which may worsen existing humanitarian concerns.
- Citation, commencement and extent (1) These Regulations may be cited as the Haiti (Sanctions) (Amendment) Regulations 2025. (2) These Regulations come into force on 23rd July 2025. (3) These Regulations extend to England and Wales, Scotland and Northern Ireland.
This section provides the official title, effective date (July 23, 2025), and geographical scope of the regulations, confirming their applicability across the entire UK.
- Amendment of the Haiti (Sanctions) Regulations 2022 The Haiti (Sanctions) Regulations 2022 are amended as set out in regulations 3 to 15.
This section indicates that the following sections (Regulations 3-15) detail specific amendments to the existing Haiti (Sanctions) Regulations 2022.
- Amendment to regulation 2 (interpretation) In regulation 2, after the definition of “resolution 2700” insert—“resolution 2752” means resolution 2752 (2024) adopted by the Security Council on 18th October 2024;”.
This regulation adds a definition for "resolution 2752" within Regulation 2, incorporating the text of UN Security Council Resolution 2752 (2024) into the legal framework.
- Amendment to regulation 4 (purposes) In regulation 4—(a) in paragraph (2), for “paragraph 11 of resolution 2653” substitute “paragraph 2 of resolution 2752”; (b) for paragraph (3), substitute—(3) A reference to the obligations that the United Kingdom has by virtue of paragraph 6 of resolution 2653 is to that provision as read with—(a) paragraph 15 of resolution 2653, (b) paragraph 3 of resolution 2700 and (c) paragraph 1 of resolution 2752.”.
Regulation 4 is amended.
Subsection (a) replaces a reference to resolution 2653 with a reference to resolution 2752.
Subsection (b) replaces paragraph (3) in Regulation 4 to include references to paragraphs from resolutions 2653, 2700, and 2752, reflecting the updated UN mandates.
- Amendment to regulation 14 (interpretation of expressions used in this Part) In regulation 14—(a) for paragraph (3) substitute—(3) In this Part—“brokering service” means any service to secure, or otherwise in relation to, an arrangement, including (but not limited to)—(a) the selection or introduction of persons as parties or potential parties to the arrangement, (b) the negotiation of the arrangement, (c) the facilitation of anything that enables the arrangement to be entered into, and (d) the provision of any assistance that in any way promotes or facilitates the arrangement;“military goods” means— (a) any thing for the time being specified in Schedule 2 to the Export Control Order 2008, other than any thing which is military technology, and (b) any tangible storage medium on which military technology is recorded or from which it can be derived;“military technology” means any thing for the time being specified in Schedule 2 to the Export Control Order 2008 which is described as software or technology;“technical assistance”, in relation to goods or technology, except in regulation 22 (enabling or facilitating the conduct of armed hostilities), means—(a) technical support relating to the repair, development, production, assembly, testing, use or maintenance of the goods or technology, or (b) any other technical service relating to the goods or technology;“transfer” has the meaning given by paragraph 37 of Schedule 1 to the Act; (b) after paragraph (3), insert—(4) For the purposes of this Part, a person is to be regarded as “connected with” Haiti if the person is—(a) an individual who is, or an association or combination of individuals who are, ordinarily resident in Haiti, (b) an individual who is, or an association or combination of individuals who are, located in Haiti, (c) a person, other than an individual, which is incorporated or constituted under the law of Haiti, or (d) a person, other than an individual, which is domiciled in Haiti.”.
Regulation 14 is amended to redefine key terms.
Subsection (a) replaces paragraph (3) with updated definitions for "brokering service," "military goods," "military technology," "technical assistance," and "transfer." Subsection (b) adds paragraph (4), establishing criteria for determining if a person is "connected with" Haiti for sanctions purposes.
- Amendment to regulation 15 (export of small arms, light weapons and ammunition) In regulation 15, in both places it occurs (including the heading), for “small arms, light weapons and ammunition” substitute “military goods”.
This regulation updates Regulation 15 (and its title) to replace the phrase "small arms, light weapons, and ammunition" with the broader term "military goods," reflecting the expanded scope of the arms embargo.
- Amendment to regulation 16 (supply and delivery of small arms, light weapons and ammunition) In regulation 16, in both places it occurs (including the heading), for “small arms, light weapons and ammunition” substitute “military goods”.
Similar to Regulation 6, this amendment updates Regulation 16 (and its title) to use the broader term "military goods" instead of the more specific "small arms, light weapons, and ammunition," aligning with the expanded sanctions.
- Amendments to regulation 17 (making small arms, light weapons and ammunition available) In regulation 17—(a) in the heading, for “small arms, light weapons and ammunition” substitute “military goods and military technology”; (b) in paragraph (1), omit “directly or indirectly make small arms, light weapons and ammunition available to, or for use in, Haiti.”; (c) in paragraph (1), after “not” insert—(a) directly or indirectly make military goods or military technology available to a person connected with Haiti; (b) directly or indirectly make military goods or military technology available for use in Haiti; (d) in paragraph (3), omit “it is a defence for a person charged with that offence (“P”) to show that P did not know and had no reasonable cause to suspect that the goods were for use in Haiti.”; (e) in paragraph (3), after “but” insert—(a) it is a defence for a person charged with the offence of contravening paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Haiti; (b) it is a defence for a person charged with the offence of contravening paragraph (1)(b) to show that the person did not know and had no reasonable cause to suspect that the goods or technology were for use in Haiti.”.
Regulation 17 undergoes multiple amendments.
Subsection (a) updates the title.
Subsection (b) removes some text from paragraph (1).
Subsection (c) adds provisions detailing prohibitions related to making military goods or technology available to those connected with Haiti or for use within Haiti.
Subsections (d) and (e) remove and add related defense arguments related to charges under this regulation.
- Insertion of regulations into Part 4 (trade) After regulation 17, insert—18. Transfer of military technology (1) A person must not—(a) transfer military technology to a place in Haiti; (b) transfer military technology to a person connected with Haiti. (2) Paragraph (1) is subject to Part 5 (Exceptions and licences). (3) A person who contravenes a prohibition in paragraph (1) commits an offence, but—(a) it is a defence for a person charged with the offence of contravening paragraph (1)(a) to show that the person did not know and had no reasonable cause to suspect that the transfer was to a place in Haiti; (b) it is a defence for a person charged with the offence of contravening paragraph (1)(b) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Haiti. 19. Technical assistance relating to military goods and military technology (1) A person must not directly or indirectly provide technical assistance relating to military goods or military technology—(a) to a person connected with Haiti, or (b) for use in Haiti. (2) Paragraph (1) is subject to Part 5 (Exceptions and licences). (3) A person who contravenes a prohibition in paragraph (1) commits an offence, but—(a) it is a defence for a person charged with the offence of contravening paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Haiti; (b) it is a defence for a person charged with the offence of contravening paragraph (1)(b) to show that the person did not know and had no reasonable cause to suspect that the goods or technology were for use in Haiti. 20. Financial services and funds relating to military goods and military technology (1) A person must not directly or indirectly provide, to a person connected with Haiti, financial services in pursuance of or in connection with an arrangement whose object or effect is—(a) the export of military goods, (b) the direct or indirect supply or delivery of military goods, (c) directly or indirectly making military goods or military technology available to a person, (d) the transfer of military technology, or (e) the direct or indirect provision of technical assistance relating to military goods or military technology. (2) A person must not directly or indirectly make funds available to a person connected with Haiti in pursuance of or in connection with an arrangement mentioned in paragraph (1). (3) A person must not directly or indirectly provide financial services or funds in pursuance of or in connection with an arrangement whose object or effect is—(a) the export of military goods to, or for use in, Haiti, (b) the direct or indirect supply or delivery of military goods to a place in Haiti, (c) directly or indirectly making military goods or military technology available—(i) to a person connected with Haiti, or (ii) for use in Haiti, (d) the transfer of military technology—(i) to a person connected with Haiti, or (ii) to a place in Haiti, or (e) the direct or indirect provision of technical assistance relating to military goods or military technology—(i) to a person connected with Haiti, or (ii) for use in Haiti. (4) Paragraphs (1) to (3) are subject to Part 5 (Exceptions and licences). (5) A person who contravenes a prohibition in any of paragraphs (1) to (3) commits an offence, but—(a) it is a defence for a person charged with an offence of contravening paragraph (1) or (2) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Haiti; (b) it is a defence for a person charged with an offence of contravening a prohibition in paragraph (3) to show that the person did not know and had no reasonable cause to suspect that the financial services or funds (as the case may be) were provided in pursuance of or in connection with an arrangement mentioned in that paragraph. 21. Brokering services: non-UK activity relating to military goods and military technology (1) A person must not directly or indirectly provide brokering services in relation to an arrangement (“arrangement A”) whose object or effect is—(a) the direct or indirect supply of military goods from a third country to a place in Haiti, (b) directly or indirectly making military goods available in a third country for direct or indirect supply or delivery—(i) to a person connected with Haiti, or (ii) to a place in Haiti, (c) directly or indirectly making military technology available in a third country for transfer—(i) to a person connected with Haiti, or (ii) to a place in Haiti, (d) the transfer of military technology from a place in a third country—(i) to a person connected with Haiti, or (ii) to a place in Haiti, (e) the direct or indirect provision, in a non-UK country, of technical assistance relating to military goods or military technology—(i) to a person connected with Haiti, or (ii) for use in Haiti, (f) the direct or indirect provision, in a non-UK country, of financial services—(i) to a person connected with Haiti, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 20(1), or (ii) where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 20(3), (g) directly or indirectly making funds available, in a non-UK country, to a person connected with Haiti, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 20(1), or (h) the direct or indirect provision of funds from a non-UK country, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 20(3). (2) Paragraph (1) is subject to Part 5 (Exceptions and licences). (3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with that offence to show that the person did not know and had no reasonable cause to suspect that the brokering services were provided in relation to an arrangement mentioned in that paragraph. (4) In this regulation—“non-UK country” means a country that is not the United Kingdom;“third country” means—(a) for the purposes of paragraph (1)(a) and (b), a country that is not the United Kingdom, the Isle of Man or Haiti, and (b) for the purposes of any other provision in paragraph (1), a country that is not the United Kingdom or Haiti. 22. Enabling or facilitating the conduct of armed hostilities (1) A person must not directly or indirectly provide—(a) technical assistance, (b) financial services or funds, or (c) brokering services in relation to an arrangement whose object or effect is to provide, in a non-UK country, anything mentioned in sub-paragraphs (a) to (c), where such provision enables or facilitates the conduct of armed hostilities in Haiti. (2) Paragraph (1) is subject to Part 5 (Exceptions and licences). (3) A person who contravenes the prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with that offence to show that the person did not know and had no reasonable cause to suspect that the provision as mentioned in paragraph (1) would enable or facilitate the conduct of armed hostilities in Haiti. (4) In this regulation—“non-UK country” means a country that is not the United Kingdom;“technical assistance” means the provision of technical support or any other technical service. (5) Nothing in this regulation is to be taken to limit the meaning of any of the prohibitions contained in Part 4.”.
Regulations 18 through 22 are added to Part 4.
Regulation 18 prohibits the transfer of military technology to Haiti or persons connected with it.
Regulations 19 and 20 prohibit the provision of technical assistance and financial services related to military goods and technology to Haiti or those connected with it.
Regulation 21 prohibits brokering services related to military goods and technology.
Regulation 22 prohibits any actions enabling or facilitating armed hostilities in Haiti.
Each regulation specifies that violations are offences, but provides potential defenses based on knowledge or reasonable suspicion.
- Amendment to regulation 36 (application of information powers under CEMA) In regulation 36(2)(a), for “small arms, light weapons and ammunition” substitute “military goods”.
This regulation amends Regulation 36(2)(a), replacing "small arms, light weapons, and ammunition" with "military goods" to maintain consistency with the broader scope of the arms embargo.
- Amendment to regulation 37 (disclosure of information) In regulation 37(2)(d)(ii), for “small arms, light weapons and ammunition” substitute “military goods”.
Regulation 37(2)(d)(ii) is amended, replacing the specific term "small arms, light weapons, and ammunition" with the broader term "military goods" within the regulations' relevant provisions.
- Amendment to regulation 46 (trade offences in CEMA: modification of a penalty) In regulation 46(1), for “small arms, light weapons and ammunition” substitute “military goods”.
Similar to previous amendments, Regulation 46(1) is updated to replace "small arms, light weapons, and ammunition" with "military goods" to align with the expanded definition of restricted items.
- Amendment to regulation 48 (monetary penalties) In regulation 48—(a) in sub-paragraph (a), for “small arms, light weapons and ammunition available” substitute “military goods and military technology”; (a) after sub-paragraph (a), insert—(b) regulation 18(1)(b) (transfer of military technology); (c) regulation 20(1) and (2) (financial services relating to military goods and military technology); (d) regulation 21(1)(f)(i) and (g) (brokering services relating to financial services and funds); (e) regulation 22(1) (enabling or facilitating the conduct of armed hostilities).”.
Regulation 48 is amended to update monetary penalties.
Subsection (a) updates the reference from "small arms, light weapons, and ammunition" to "military goods and military technology." Subsection (a) adds new sub-paragraphs (b) through (e) specifying the newly defined offenses related to military technology transfers, financial services, brokering services, and facilitating armed hostilities.
- Amendment to regulation 49 (exercise of maritime enforcement powers) In regulation 49—(a) in sub-paragraphs 2(a) and 2(b) for “small arms, light weapons and ammunition” substitute “military goods”; (b) in sub-paragraph 2(c) for “small arms, light weapons and ammunition” substitute “military goods and military technology”; (c) after sub-paragraph 2(c) insert—(d) the prohibition in regulation 18(1)(a) or (b) (transfer of military technology); (e) the prohibition imposed by a condition of a trade licence in relation to a prohibition mentioned in sub-paragraphs (a) to (d).”.
Regulation 49, pertaining to maritime enforcement powers, is updated.
Subsections (a) and (b) replace the phrase "small arms, light weapons, and ammunition" with "military goods" and "military goods and military technology" respectively.
Subsection (c) adds sub-paragraphs (d) and (e) to include prohibitions related to military technology transfers and trade license conditions based on previous prohibitions within the regulation.
- Omission of Schedule 1A (Definition of small arms, light weapons and ammunition) Omit Schedule 1A.
Schedule 1A, defining "small arms, light weapons, and ammunition," is removed as it is superseded by the broader definition of "military goods" within the amended regulations.