The Republic of Belarus (Sanctions) (EU Exit) Regulations 2019

Financial services and funds relating to [F1 certain arrangements] U.K.

26.—(1) A person must not directly or indirectly provide, to a person connected with Belarus, financial services in pursuance of or in connection with an arrangement whose object or effect is—

(a) the export of [F2 relevant] goods,

(b) the direct or indirect supply or delivery of [F2 relevant] goods,

(c) directly or indirectly making [F2 relevant] goods or [F2 relevant] technology available to a person,

(d) the transfer of [F2 relevant] technology, or

(e) the direct or indirect provision of technical assistance relating to [F2 relevant] goods or [F2 relevant] technology.

(2) A person must not directly or indirectly make funds available to a person connected with Belarus 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 [F3 relevant] goods to, or for use in, Belarus,

(b) the direct or indirect supply or delivery of [F3 relevant] goods to a place in Belarus,

(c) directly or indirectly making [F3 relevant] goods or [F3 relevant] technology available—

(i) to a person connected with Belarus, or

(ii) for use in Belarus,

(d) the transfer of [F3 relevant] technology—

(i) to a person connected with Belarus, or

(ii) for use in Belarus, or

(e) the direct or indirect provision of technical assistance relating to [F3 relevant] goods or [F3 relevant] technology—

(i) to a person connected with Belarus,

(ii) for use in Belarus.

(4) Paragraphs (1) to (3) are subject to Part 6 (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 Belarus;

(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.

[F4 (6) In this regulation—

“relevant goods” means—

(a)

chemical and biological weapons-related goods;

(b)

critical-industry goods;

(c)

dual-use goods;

(d)

interception and monitoring goods;

(e)

internal repression goods;

(f)

machinery-related goods;

(g)

military goods;

(h)

oil refining goods;

(i)

quantum computing and advanced materials goods;

“relevant technology” means—

(a)

chemical and biological weapons-related technology;

(b)

critical-industry technology;

(c)

dual-use technology;

(d)

interception and monitoring technology;

(e)

internal repression technology;

(f)

machinery-related technology;

(g)

military technology;

(h)

oil refining technology;

(i)

quantum computing and advanced materials technology.]

Textual Amendments

F1 Words in reg. 26 heading substituted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 17(g)(i)

F2 Word in reg. 26(1) substituted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 17(g)(ii)

F3 Word in reg. 26(3) substituted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 17(g)(ii)

F4 Reg. 26(6) substituted (9.6.2023) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/616), regs. 1(2), 8(f)

Commencement Information

I1 Reg. 26 not in force at made date, see reg. 1(2)

I2 Reg. 26 in force at 31.12.2020 by S.I. 2019/627, reg. 12(2); 2020 c. 1, Sch. 5 para. 1(1)