The Burma (Sanctions) (EU Exit) Regulations 2019

[F1 Brokering services: non-UK activity relating to dual-use goods and dual-use technology U.K.

28H.— (1) A person (“P”) 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 or delivery of dual-use goods for military use from a third country to a place in Burma;

(b) the direct or indirect supply or delivery of dual-use goods to or for use by the Burma security forces;

(c) directly or indirectly making dual-use goods for military use available in a third country for direct or indirect supply or delivery—

(i) to a person connected with Burma, or

(ii) to a place in Burma;

(d) directly or indirectly making dual-use technology for military use available in a third country for transfer—

(i) to a person connected with Burma, or

(ii) to a place in Burma;

(e) directly or indirectly making dual-use goods or dual-use technology available to or for use by the Burma security forces;

(f) the transfer of dual-use technology for military use from a place in a third country—

(i) to a person connected with Burma, or

(ii) to a place in Burma;

(g) the transfer of dual-use technology from a place in a third country to the Burma security forces;

(h) the direct or indirect provision, in a non-UK country, of technical assistance relating to dual-use goods for military use or dual-use technology for military use—

(i) to a person connected with Burma, or

(ii) for use in Burma;

(i) the direct or indirect provision, in a non-UK country, of technical assistance relating to dual-use goods or dual-use technology to the Burma security forces.

(j) the direct or indirect provision, in a non-UK country, of financial services—

(i) to a person connected with Burma, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 28G(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 28G(3);

(k) directly or indirectly making funds available, in a non-UK country, to a person connected with Burma, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 28G(1); or

(l) 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 28G(3).

(2) Paragraph (1) is subject to Part 6 (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 (“P”) to show that P 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 (c), a country that is not the United Kingdom, the Isle of Man or Burma,

(b)

for the purposes of any other provision of paragraph (1), a country that is not the United Kingdom or Burma.]

Textual Amendments

F1 Pt. 5 Ch. 2A inserted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 4(9); S.I. 2020/1514, reg. 4