The Russia, Crimea and Sevastopol (Sanctions) (Overseas Territories) Order 2014

Interpretation

3.—(1) In this Order, unless otherwise provided—

“aircraft” means a fixed wing, swivel wing, rotary wing, tilt rotor or tilt wing airborne vehicle or helicopter;

“assistance” means any form of assistance, including advice, training, technical assistance, financing and financial assistance, investment services, brokering services or other services, and the transfer of financial resources and services;

“brokering services” means—

(a)

the negotiation or arrangement of transactions for the purchase, sale or supply of goods and technology or of financial and technical services, including from a third country to any other third country, or

(b)

the selling or buying of goods and technology or of financial and technical services, including where they are located in third countries for their transfer to another third country;

“commander”, in relation to an aircraft, means the member of the flight crew designated as commander of the aircraft by the operator of the aircraft, or, if there is no operator, the person who is for the time being the pilot in command of the aircraft;

“the Council Regulation” means Council Regulation (EU) No. 269/2014 adopted by the Council of the European Union on 17th March 2014(1) concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine;

“the Crimea and Sevastopol Regulation” means Council Regulation (EU) No 692/2014 adopted by the Council of the European Union on 23rd June 2014(2) concerning restrictive measures in response to the illegal annexation of Crimea and Sevastopol;

“designated person” means any person, entity or body listed in Annex I to the Council Regulation;

“document” includes information recorded in any form, and in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;

“dual-use goods and technology” means the items listed in Annex I to Council Regulation (EC) No 428/2009(3);

“exploitation” means the exploration, prospecting for, extraction, refining and management of oil, gas and mineral resources and provision of related geological services but does not include maintenance to ensure the safety of existing infrastructure;

“export” includes shipment as stores;

“financing and financial assistance” includes grants, loans and export credit insurance, insurance and reinsurance;

“funds” means financial assets and benefits of every kind, including (but not limited to)—

(a)

cash, cheques, claims on money, drafts, money orders and other payment instruments,

(b)

deposits with relevant institutions or other entities, balances on accounts, debts and debt obligations,

(c)

publicly and privately traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts,

(d)

interest, dividends or other income on or value accruing from or generated by assets,

(e)

credit, rights of set-off, guarantees, performance bonds or other financial commitments,

(f)

letters of credit, bills of lading and bills of sale,

(g)

documents providing evidence of an interest in funds or financial resources, or

(h)

any other instrument of export financing;

“goods” includes items, materials and equipment;

“goods originating in Crimea or Sevastopol” means goods which are wholly obtained from Crimea or in Sevastopol or which have undergone their last substantial transformation there in accordance with the meaning of those terms set out in Articles 23 and 24 of Council Regulation (EEC) No 2913/92 of 12 October 1992(4);

“Governor” means the Governor or other officer administering the Government of the Territory;

“insurance” means an undertaking or commitment where a natural or legal person is obliged, in return for a payment, to provide another person, in the event of materialisation of a risk, with an indemnity or a benefit as determined by the undertaking or commitment;

“investment services” means—

(a)

the reception and transmission of orders relating to one or more financial instruments;

(b)

the execution of orders on behalf of clients;

(c)

dealing on own account;

(d)

portfolio management;

(e)

investment advice;

(f)

the underwriting of financial instruments or the placing of financial instruments on a firm commitment basis;

(g)

the placing of financial instruments without a firm commitment basis; or

(h)

any service relating to the admission to trading on a regulated market or trading on a multilateral trading facility;

“master”, in relation to a ship, includes any persons for the time being in charge of the ship;

“mineral resources” means the minerals listed in Annex II of the Crimea and Sevastopol Regulation;

“money-market instruments” means those classes of instruments which are normally dealt in on the money market, such as treasury bills, certificates of deposit and commercial papers but excluding instruments of payment;

“officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body corporate or any person who has purported to act in any such capacity;

“operator”, in relation to an aircraft or vehicle, means the person for the time being having the management of the aircraft or vehicle;

“owner”, in relation to a ship, where the owner is not the operator, means the operator and any person to whom it is chartered;

“person” means any natural or legal person, entity or body;

“refining” means processing, conditioning and preparation for sale;

“reinsurance” means the activity consisting in accepting risks ceded by an insurance undertaking or by another reinsurance undertaking or, in the case of the association of underwriters known as Lloyd’s, the activity consisting in accepting risks, ceded by any member of Lloyd’s, by an insurance or reinsurance undertaking other than the association of underwriters known as Lloyd’s;

“relevant institution” means—

(a)

any person who may lawfully accept deposits in or from within the Territory by way of business, or

(b)

any society established lawfully in the Territory whose principal purpose is the making of loans secured on residential property where such loans are funded substantially by its members;

“restricted goods” means—

(a)

the goods, software and technology specified in Schedule 2 to the Export Control Order 2008(5), and

(b)

so far as not covered by paragraph (a), the goods, software and technology specified in the Common Military List of the European Union(6) as amended from time to time;

“the Russia Sanctions Regulation” means Council Regulation (EU) No 833/2014 adopted by the Council of the European Union on 31st July 2014(7) concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine;

“ship” includes every description of vessel used in navigation;

“shipment” includes loading into an aircraft;

“stores” means goods for use in a ship or aircraft and includes fuel and spare parts and other articles of equipment, whether or not for immediate fitting, but excludes any goods for use in a ship or aircraft as merchandise for sale by retail to persons carried in them;

“technical assistance” means any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services, including verbal forms of assistance;

“the Territory” has the meaning given in article 2(4);

“transfer” in relation to funds means—

(a)

any transaction carried out on behalf of a payer through a payment service provider by electronic means, with a view to making funds available to a payee at a payment service provider, regardless of whether the payer and the payee are the same person, or

(b)

any transaction by non-electronic means such as in cash, cheques or accountancy orders, with a view to making funds available to a payee regardless of whether the payer and payee are the same person;

“transferable securities” means the following classes of securities which are negotiable on the capital market, with the exception of instruments of payment—

(a)

shares in companies and other securities equivalent to shares in companies, partnerships or other entities, and depositary receipts in respect of shares;

(b)

bonds or other forms of securitised debt, including depositary receipts in respect of such securities;

(c)

any other securities giving the right to acquire or sell any such transferable securities;

“vehicle” means land transport vehicle.

(2) For the purpose of the definition of “relevant institution” in paragraph (1)—

(a) the activity of accepting deposits has the meaning given by section 22 of the Financial Services and Markets Act 2000(8), taken with Schedule 2 to that Act and any order under section 22 of that Act, and

(b) a person is not regarded as accepting deposits by way of business if—

(i) the person does not hold himself or herself out as accepting deposits on a day to day basis, and

(ii) any deposits which the person accepts are accepted only on particular occasions, whether or not involving the issue of any securities.

(3) In determining for the purposes of paragraph (2)(b) whether deposits are accepted only on particular occasions, regard is to be had to the frequency of those occasions and to any characteristics distinguishing them from each other.

(4) An expression used in this Order and in either the Council Regulation or the Crimea and Sevastopol Regulation or the Russia Sanctions Regulation has the meaning given in the relevant Regulation.

(5) A reference in this Order to any enactment (including legislation of the European Union) or statutory instrument is to be construed as a reference to that enactment or instrument as amended from time to time.

(1)

O.J. L.78 17.03.2014 p.6.

(2)

O.J. L. 183 24.6.2014, p.9.

(3)

O.J. L. 134 29.5.2009, p.1.

(4)

O.J. L. 302, 19.10.1992, p.1.

(5)

S.I. 2008/3231.

(6)

O.J. C. 85 22.3.2012, p.1.

(7)

O.J. L. 229 31.7.2014, p.1.

(8)

2000 c.8.