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The Russia (Sanctions) (EU Exit) (Amendment) Regulations 2023

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Insertion of Chapter 4CA in Part 5 and associated provision

This section has no associated Explanatory Memorandum

3.—(1) After regulation 46I (brokering services relating to iron and steel products) insert—

CHAPTER 4CAIron and steel products processed in a third country and associated provision

Interpretation

46IA.(1) In this Chapter—

iron or steel product” means any thing specified in Schedule 3B (Iron and steel products);

relevant day” means 30th September 2023;

relevant processed iron or steel product” means any iron or steel product which—

(a)

has been processed in a third country; and

(b)

which incorporates one or more iron or steel products originating in Russia;

third country” means a country that is not the United Kingdom, the Isle of Man or Russia.

(2) For the purposes of the definition of “relevant processed iron or steel product” in paragraph (1), an iron or steel product is processed where it is—

(a)altered;

(b)transformed in any way; or

(c)subjected to any other type of operation or process.

Import of relevant processed iron or steel products

46IB.(1) The import of a relevant processed iron or steel product, on or after the relevant day, is prohibited.

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

Technical assistance relating to relevant processed iron or steel products

46IC.(1) A person must not directly or indirectly provide technical assistance relating to the import of a relevant processed iron or steel product.

(2) Paragraph (1) is subject to Part 7 (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 technical assistance related to an import described in that paragraph.

Financial services and funds relating to relevant processed iron or steel products

46ID.(1) 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 the import of a relevant processed iron or steel product.

(2) Paragraph (1) is subject to Part 7 (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 financial services or funds (as the case may be) were provided in pursuance of or in connection with an arrangement mentioned in that paragraph.

Brokering services relating to relevant processed iron or steel products

46IE.(1) A person must not directly or indirectly provide brokering services in the pursuance of, or in connection, with any arrangement described in regulation 46ID.

(2) Paragraph (1) is subject to Part 7 (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 brokering services were provided in relation to an arrangement mentioned in that paragraph..

(2) In regulation 86 (trade offences in CEMA: modification of penalty) in paragraph (1) after “46D” insert “, 46IB”.

(3) In regulation 89 (maritime enforcement) in paragraph (2) insert before sub-paragraph (cba)—

(cbza)a prohibition in regulation 46IB (trade sanctions in relation to relevant processed iron or steel products);.

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