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The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2023

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Amendments to regulation 31D (trade: exceptions relating to travellers, diplomatic missions and international organisations)

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11.  In regulation 31D—

(a)in paragraph (1), after “critical-industry technology,” add “machinery-related goods, machinery-related technology,”;

(b)after paragraph (3), insert—

(3A) The prohibitions in regulations 21 to 23 (export of goods, supply and delivery of goods, and making available goods and technology) are not contravened by a relevant activity where—

(a)the luxury goods are gold jewellery;

(b)the relevant activity is the export of those goods to Belarus by a person who is travelling to Belarus (“P”);

(c)the jewellery is—

(i)of a non-commercial nature;

(ii)for the personal use of P or of any immediate family member of P who is travelling with P (“I”); and

(iii)contained in P or I’s luggage;

(d)the gold jewellery is owned by any of the persons referred to in sub-paragraph (c)(ii); and

(e)the jewellery is not intended for sale.

(3B) The prohibitions in Chapter 2B of Part 5 (imports from Belarus and related activities) are not contravened by a relevant activity in relation to any gold, gold jewellery and relevant processed gold which is necessary for the official purposes of a diplomatic mission or consular post in Belarus, or an international organisation enjoying immunities in accordance with international law.

(3C) The prohibitions in Chapter 2B of Part 5 are not contravened by a relevant activity where—

(a)the relevant activity is the import or acquisition of gold jewellery by a person who is travelling to the United Kingdom (“P”);

(b)the gold jewellery is—

(i)of a non-commercial nature;

(ii)for the personal use of P or of any immediate family member of P who is travelling with P (“I”); and

(iii)contained in P or I’s luggage;

(c)the gold jewellery is owned by any of the persons referred to in sub-paragraph (b)(ii); and

(d)the gold jewellery is not intended for sale.;

(2) in paragraph (4), for subparagraph (a) substitute—

“critical-industry goods”, “critical-industry technology”, “gold”, “gold jewellery”, “luxury goods”, “machinery-related goods”, “machinery-related technology”, “quantum computing and advanced materials goods”, “quantum computing and advanced materials technology” and “relevant processed gold” have the meanings given in regulation 20(3) (interpretation of Part 5);.

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