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

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PART 5U.K.Trade

CHAPTER 1U.K.Interpretation

Definition of “restricted goods” and “restricted technology”U.K.

F118.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F2Definitions [F3of “interception and monitoring goods” and “interception and monitoring technology”] U.K.

19.—(1) For the purposes of [F4this Part] —

“interception and monitoring goods” means any item mentioned in sub-paragraph (a) or (b), provided that it may be used for interception and monitoring services—

(a)

a relevant Schedule 2A item;

(b)

any tangible storage medium on which interception and monitoring technology is recorded or from which it can be derived;

“interception and monitoring technology” means any thing—

(a)

which is described as software in paragraph 2 of Schedule 2A, provided that it may be used for interception and monitoring services, and

(b)

which is described as software or other technology in paragraph 3 of Schedule 2A,

(but see paragraph (3));

F5...

F5...

F5...

F5...

(2) For the purpose of paragraph (1), “a relevant Schedule 2A item” means any thing described in Schedule 2A, other than—

(a)any thing which is interception and monitoring technology, or

(b)any thing for the time being specified in—

(i)Schedule 2 to the Export Control Order 2008, or

(ii)Annex I of the Dual-Use Regulation.

(3) The definition of “interception and monitoring technology” does not apply to software which is—

(a)generally available to the public, or

(b)in the public domain.

(4) For the purpose of paragraph (3)—

(a)software is “generally available to the public” if—

(i)the software is sold from stock at retail selling points without restriction, by means of—

(aa)over the counter transactions,

(bb)mail order transactions,

(cc)electronic transactions, or

(dd)telephone order transactions, and

(ii)the software is designed for installation by the user without further substantial support by the supplier;

(b)software is “in the public domain” if the software has been made available without restrictions upon its further dissemination (and for this purpose copyright restrictions do not constitute a restriction upon its further dissemination).]

Textual Amendments

[F6Definition of “interception and monitoring services”U.K.

19A.—(1) For the purposes of this Part, “interception and monitoring services” means any service that has as its object or effect the interception of a communication in the course of its transmission by means of a telecommunication system.

(2) A person intercepts a communication in the course of its transmission by means of a telecommunication system if, and only if—

(a)the person does a relevant act in relation to the system, and

(b)the effect of the relevant act is to make any content of the communication available, at a relevant time, to a person who is not the sender or intended recipient of the communication.

(3) In paragraph (2) a “relevant act”, in relation to a telecommunication system, means—

(a)modifying, or interfering with, the system or its operation;

(b)monitoring transmissions made by means of the system;

(c)monitoring transmissions made by wireless telegraphy to or from apparatus that is part of the system.

(4) In paragraph (2), a “relevant time”, in relation to a communication transmitted by means of a telecommunication system, means—

(a)any time while the communication is being transmitted, and

(b)any time when the communication is stored in or by the system (whether before or after its transmission).

(5) For the purpose of paragraph (2), the cases in which any content of a communication is to be taken to be made available to a person at a relevant time include any case in which any of the communication is diverted or recorded at a relevant time so as to make the content of the communication available to a person after that time.

(6) In paragraph (3), references to modifying a telecommunication system include references to attaching any apparatus to, or otherwise modifying or interfering with—

(a)any part of the system, or

(b)any wireless telegraphy apparatus used for making transmissions to or from apparatus that is part of the system.

(7) For the purposes of this regulation, the following definitions also apply—

“apparatus” includes any equipment, machinery or device (whether physical or logical) and any wire or cable;

“communication”, for the purpose of a telecommunication system, includes—

(a)

anything comprising speech, music, sounds, visual images or data of any description, and

(b)

signals serving for the impartation of anything between persons, between a person and a thing or between things, for the actuation or control of any apparatus;

“content”, in relation to a communication and a telecommunication system, means any element of the communication, or any data attached to or logically associated with the communication, which reveals anything of what might reasonably be considered to be the meaning (if any) of the communication, but—

(a)

any meaning arising from the fact of the communication or from any data relating to the transmission of the communication is to be disregarded, and

(b)

anything which is systems data is not content;

“systems data” means any data that enables or facilitates, or identifies or describes anything connected with enabling or facilitating, the functioning of a telecommunication system (including any apparatus forming part of the system);

“a telecommunication system” means a system (including the apparatus comprised in it) that exists for the purpose of facilitating the transmission of communications by any means involving the use of electrical or electromagnetic energy;

“wireless telegraphy” and “wireless telegraphy apparatus” have the same meaning as in sections 116 and 117 of the Wireless Telegraphy Act 2006.]

Textual Amendments

Interpretation of other expressions used in this PartU.K.

20.—(1) Paragraphs 32 and 36 of Schedule 1 to the Act (trade sanctions) apply for the purpose of interpreting expressions in this Part.

(2) In this Part, any reference to the United Kingdom includes a reference to the territorial sea.

(3) In this Part—

[F7“aluminium” has the meaning given to it in Schedule 2B;]

[F8“banknotes” means—

(a)

sterling denominated banknotes issued by the Bank of England and banks in Scotland and Northern Ireland, and

(b)

banknotes denominated in any official currency of the European Union;]

“brokering service” means any service to secure, or otherwise in relation to, an arrangement, including (but not limited to)—

(a)

the selection or introduction of persons as parties or potential parties to the arrangement,

(b)

the negotiation of the arrangement,

(c)

the facilitation of anything that enables the arrangement to be entered into, and

(d)

the provision of any assistance that in any way promotes or facilitates the arrangement;

[F8“cement” has the meaning given to it in paragraph 2 of Schedule 2J;]

[F8“chemical and biological weapons-related goods” means—

(a)

any thing specified in Part 2 of Schedule 2H, other than chemical and biological weapons-related technology (but see paragraph (4)), and

(b)

any tangible storage medium on which chemical and biological weapons-related technology is recorded or from which it can be derived;]

[F8“chemical and biological weapons-related technology” means any thing specified as technology or software in Part 2 of Schedule 2H, other than technology which is—

(a)

the minimum necessary for—

(i)

the installation, operation, maintenance and repair of any goods which are not subject to a prohibition under this Part, or

(ii)

patent applications,

(b)

in the public domain,

(c)

a medical device, or

(d)

used for basic scientific research;]

[F9“critical-industry goods” means—

(a)

any thing specified in Schedule 2C, other than—

(i)

any thing which is critical-industry technology, or

(ii)

any thing for the time being specified in—

(aa)

Schedule 2 or 3 to the Export Control Order 2008, or

(bb)

Annex I of the Dual-Use Regulation,

(cc)

Schedule 2 (list of internal repression goods and internal repression technology),

(bb)

Schedule 2A (interception and monitoring goods and interception and monitoring technology), and

(b)

any tangible storage medium on which critical-industry technology is recorded or from which it can be derived;]

[F9“critical-industry technology” means any thing described in Schedule 2C as software or technology, other than any thing for the time being specified in—

(a)

Schedule 2 or 3 to the Export Control Order 2008, or

(b)

Annex I of the Dual-Use Regulation,

(c)

Schedule 2 (internal repression goods and internal repression technology),

(d)

Schedule 2A (interception and monitoring goods and interception and monitoring technology);]

[F10“dual-use goods” means—

(a)

any thing for the time being specified in Annex I of the Dual-Use Regulation, other than any thing which is dual-use technology, and

(b)

any tangible storage medium on which dual-use technology is recorded or from which it can be derived;

“dual-use technology” means any thing for the time being specified in Annex I of the Dual-Use Regulation which is described as software or technology;]

[F8“gold” has the meaning given to it in paragraph 3 of Schedule 2J;]

[F8“gold jewellery” has the meaning given to it in paragraph 4 of Schedule 2J;]

[F9“internal repression goods” means—

(a)

any thing specified in Schedule 2, other than—

(i)

any thing which is internal repression technology, or

(ii)

any thing for the time being specified in—

(aa)

Schedule 2 to the Export Control Order 2008, or

(bb)

Annex Ⅰ of the Dual-Use Regulation, and

(b)

any tangible storage medium on which internal repression technology is recorded or from which it can be derived;]

[F9“internal repression technology” means any thing which is described in Schedule 2 as software or technology, within the meaning of that Schedule;]

[F9“iron and steel products” has the meaning given to it in Schedule 2B;]

[F9“luxury goods” means any thing specified in Schedule 2E, other than any thing for the time being specified in—

(a)

Schedules 2 or 3 to the Export Control Order 2008,

(b)

Annex I of the Dual-Use Regulation, or

(c)

Schedule 2C (critical-industry goods and critical-industry technology);]

[F8“machinery-related goods” means any thing falling within Part 2 of Schedule 2I, other than—

(a)

any thing which is machinery-related technology, or

(b)

any thing for the time being specified in—

(i)

Schedule 2 or 3 to the Export Control Order 2008,

(ii)

Annex I of the Dual-Use Regulation, or

(iii)

Schedule 2C (critical-industry goods and critical-industry technology);]

[F8“machinery-related technology” means any thing described in Part 2 of Schedule 2I as software or technology, other than any thing for the time being specified in—

(a)

Schedule 3 to the Export Control Order 2008,

(b)

Annex I of the Dual-Use Regulation, or

(c)

Schedule 2C;]

[F9“military goods” means—

(a)

any thing for the time being specified in Schedule 2 to the Export Control Order 2008, other than any thing which is military technology, and

(b)

any tangible storage medium on which military technology is recorded or from which it can be derived;]

[F9“military technology” means any thing for the time being specified in Schedule 2 to the Export Control Order 2008 which is described as software or technology;]

[F9“mineral products” has the meaning given to it in Schedule 2B;]

[F9“oil refining goods” means—

(a)

any thing specified in Schedule 2F, other than—

(i)

any thing which is oil refining technology, or

(ii)

any thing for the time being specified in—

(aa)

Schedule 3 to the Export Control Order 2008,

(bb)

Annex I of the Dual-Use Regulation, or

(cc)

Schedule 2C (critical-industry goods and critical-industry technology), and

(b)

any tangible storage medium on which oil refining technology is recorded or from which it can be derived;]

[F9“oil refining technology” means any thing described in Schedule 2F as software or technology, other than any thing for the time being specified in —

(a)

Schedule 3 to the Export Control Order 2008,

(b)

Annex 1 of the Dual-Use Regulation, or

(c)

Schedule 2C (critical-industry goods and critical-industry technology);]

“potash” has the meaning given to it in Schedule 2B;

F11...

[F9“quantum computing and advanced materials goods” means—

(a)

any thing specified in Schedule 2G, other than—

(i)

any thing which is quantum computing and advanced materials technology, or

(ii)

any thing for the time being specified in—

(aa)

Schedule 2 or 3 to the Export Control Order 2008,

(bb)

Annex I of the Dual-Use Regulation,

(cc)

Schedule 2C (critical-industry goods and critical-industry technology),

(dd)

Schedule 2F (oil refining goods and oil refining technology), and

(b)

any tangible storage medium on which quantum computing and advanced materials technology is recorded or from which it can be derived;]

[F9“quantum computing and advanced materials technology” means any thing described in Schedule 2G as software or technology, other than anything for the time being specified in—

(a)

Schedule 2 or 3 to the Export Control Order 2008,

(b)

Annex I of the Dual-Use Regulation,

(c)

Schedule 2C (critical-industry goods and critical-industry technology),

(d)

Schedule 2F (oil refining goods and oil refining technology);]

[F8“relevant processed gold” means gold which—

(a)

has been processed in a third country, and

(b)

incorporates gold that, on or after 21st July 2022—

(i)

originated in Belarus, and

(ii)

has been exported from Belarus;]

[F8“rubber” has the meaning given to it in paragraph 5 of Schedule 2J;]

“technical assistance”, in relation to goods or technology, means—

(a)

technical support relating to the repair, development, production, assembly, testing, use or maintenance of the goods or technology, or

(b)

any other technical service relating to the goods or technology;

[F12“tobacco industry goods” has the meaning given to it in Schedule 2B;]

“transfer” has the meaning given by paragraph 37 of Schedule 1 to the Act [F13;]

[F8“wood” has the meaning given to it in paragraph 6 of Schedule 2J.]

[F14(3A) The definition of “chemical and biological weapons-related goods” does not apply to anything specified in Schedule 2H—

(a)which is—

(i)a pharmaceutical formulation designed for human administration in the treatment of a medical condition, and

(ii)pre-packaged for distribution as a medicinal product, or

(b)which is a medical device.]

F15(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I1Reg. 20 not in force at made date, see reg. 1(2)

I2Reg. 20 in force at 31.12.2020 by S.I. 2019/627, reg. 12(2); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER 2U.K.[F16Exports to Belarus and related activities]

Textual Amendments

Export of [F17goods to, or for use in, Belarus] U.K.

[F1821.—(1) The export of the following goods to or for use in Belarus is prohibited—

[F19(a)banknotes;

(b)chemical and biological weapons-related goods;

(c)critical-industry goods;

(d)dual-use goods;

(e)interception and monitoring goods;

(f)internal repression goods;

(g)luxury goods;

(h)machinery-related goods;

(i)military goods;

(j)oil refining goods;

(k)quantum computing and advanced materials goods;

(l)tobacco industry goods.]

(2) Paragraph (1) is subject to Part 6 (Exceptions and licences).]

Textual Amendments

Commencement Information

I3Reg. 21 not in force at made date, see reg. 1(2)

I4Reg. 21 in force at 31.12.2020 by S.I. 2019/627, reg. 12(2); 2020 c. 1, Sch. 5 para. 1(1)

Supply and delivery of [F20goods from a third country to Belarus] U.K.

[F2122.—(1) A person must not directly or indirectly supply or deliver the following goods from a third country to a place in Belarus—

[F22(a)banknotes;

(b)chemical and biological weapons-related goods;

(c)critical-industry goods;

(d)dual-use goods;

(e)interception and monitoring goods;

(f)internal repression goods;

(g)luxury goods;

(h)machinery-related goods;

(i)military goods;

(j)oil refining goods;

(k)quantum computing and advanced materials goods;

(l)tobacco industry goods.]

(2) Paragraph (1) is subject to Part 6 (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 goods were destined (or ultimately destined) for Belarus.

(4) In this regulation, “third country” means a country that is not the United Kingdom, the Isle of Man or Belarus.]

Textual Amendments

Commencement Information

I5Reg. 22 not in force at made date, see reg. 1(2)

I6Reg. 22 in force at 31.12.2020 by S.I. 2019/627, reg. 12(2); 2020 c. 1, Sch. 5 para. 1(1)

[F23Making available goods and technology to a person connected with, or for use in, Belarus] U.K.

[F2423.—(1) A person must not—

(a)directly or indirectly make goods or technology to which this paragraph applies available to a person connected with Belarus;

(b)directly or indirectly make goods or technology to which this paragraph applies available for use in Belarus.

(1A) Paragraph (1) applies to—

[F25(a)banknotes;

(b)chemical and biological weapons-related goods and chemical and biological weapons-related technology;

(c)critical-industry goods and critical-industry technology;

(d)dual-use goods and dual-use technology;

(e)interception and monitoring goods and interception and monitoring technology;

(f)internal repression goods and internal repression technology;

(g)luxury goods;

(h)machinery-related goods and machinery-related technology;

(i)military goods and military technology;

(j)oil refining goods and oil refining technology;

(k)quantum computing and advanced materials goods and quantum computing and advanced materials technology;

(l)tobacco industry goods.]

(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—

(a)it is a defence for a person charged with the offence of contravening paragraph (1)(a) (“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 the offence of contravening paragraph (1)(b) to show that the person did not know and had no reasonable cause to suspect that the goods or technology were for use in Belarus.]

Textual Amendments

Commencement Information

I7Reg. 23 not in force at made date, see reg. 1(2)

I8Reg. 23 in force at 31.12.2020 by S.I. 2019/627, reg. 12(2); 2020 c. 1, Sch. 5 para. 1(1)

Transfer of [F26technology to a place in, or person connected with, Belarus] U.K.

24.—(1) A person must not—

(a)transfer [F27technology to which this paragraph applies] to a place in Belarus;

(b)transfer [F28technology to which this paragraph applies] to a person connected with [F29Belarus.]

[F30(1A) Paragraph (1) applies to—

[F31(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.]]

(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—

(a)it is a defence for a person charged with the offence of contravening paragraph (1)(a) to show that the person did not know and had no reasonable cause to suspect that the transfer was to a place in Belarus;

(b)it is a defence for a person charged with the offence of contravening paragraph (1)(b) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Belarus.

Textual Amendments

Commencement Information

I9Reg. 24 not in force at made date, see reg. 1(2)

I10Reg. 24 in force at 31.12.2020 by S.I. 2019/627, reg. 12(2); 2020 c. 1, Sch. 5 para. 1(1)

[F32Provision of interception and monitoring servicesU.K.

24A.—(1) A person must not directly or indirectly provide interception and monitoring services to, or for the benefit of, the Government of Belarus.

(2) Paragraph (1) is subject to Part 6 (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 (“P”) to show that P did not know and had no reasonable cause to suspect that the services were provided to or for the benefit of the Government of Belarus.]

Textual Amendments

Technical assistance relating to [F33certain goods and technology] U.K.

25.—(1) A person must not directly or indirectly provide technical assistance relating to [F34goods or technology to which this paragraph applies] —

(a)to a person connected with Belarus, or

(b)for use in Belarus.

[F35(1A) Paragraph (1) applies to—

[F36(a)chemical and biological weapons-related goods and chemical and biological weapons-related technology;

(b)critical-industry goods and critical-industry technology;

(c)dual-use goods and dual-use technology;

(d)interception and monitoring goods and interception and monitoring technology;

(e)internal repression goods and internal repression technology;

(f)machinery-related goods and machinery-related technology;

(g)military goods and military technology;

(h)oil refining goods and oil refining technology;

(i)quantum computing and advanced materials goods and quantum computing and advanced materials technology.]]

(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—

(a)it is a defence for a person charged with the offence of contravening paragraph (1)(a) (“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 the offence of contravening paragraph (1)(b) to show that the person did not know and had no reasonable cause to suspect that the goods or technology were for use in Belarus.

Textual Amendments

Commencement Information

I11Reg. 25 not in force at made date, see reg. 1(2)

I12Reg. 25 in force at 31.12.2020 by S.I. 2019/627, reg. 12(2); 2020 c. 1, Sch. 5 para. 1(1)

Financial services and funds relating to [F37certain 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 [F38relevant] goods,

(b)the direct or indirect supply or delivery of [F38relevant] goods,

(c)directly or indirectly making [F38relevant] goods or [F38relevant] technology available to a person,

(d)the transfer of [F38relevant] technology, or

(e)the direct or indirect provision of technical assistance relating to [F38relevant] goods or [F38relevant] 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 [F39relevant] goods to, or for use in, Belarus,

(b)the direct or indirect supply or delivery of [F39relevant] goods to a place in Belarus,

(c)directly or indirectly making [F39relevant] goods or [F39relevant] technology available—

(i)to a person connected with Belarus, or

(ii)for use in Belarus,

(d)the transfer of [F39relevant] 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 [F39relevant] goods or [F39relevant] 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.

[F40(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

Commencement Information

I13Reg. 26 not in force at made date, see reg. 1(2)

I14Reg. 26 in force at 31.12.2020 by S.I. 2019/627, reg. 12(2); 2020 c. 1, Sch. 5 para. 1(1)

Brokering services: [F41certain arrangements relating to non-UK activities] U.K.

27.—(1) A person 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 [F42relevant] goods from a third country to a place in Belarus,

(b)directly or indirectly making [F42relevant] goods available in a third country for direct or indirect supply or delivery—

(i)to a person connected with Belarus, or

(ii)to a place in Belarus,

(c)directly or indirectly making [F42relevant] technology available in a third country for transfer—

(i)to a person connected with Belarus, or

(ii)to a place in Belarus,

(d)the transfer of [F42relevant] technology from a place in a third country—

(i)to a person connected with Belarus, or

(ii)to a place in Belarus,

(e)the direct or indirect provision, in a non-UK country, of technical assistance relating to [F42relevant] goods or [F42relevant] technology—

(i)to a person connected with Belarus, or

(ii)for use in Belarus,

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

(i)to a person connected with Belarus, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 26(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 26(3),

(g)directly or indirectly making funds available, in a non-UK country, to a person connected with Belarus where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 26(1), or

(h)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 26(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 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.

(4) In this regulation—

“non-UK country” means a country that is not the United Kingdom;

[F43“relevant goods” and “relevant technology” have the meanings given in regulation 26;]

“third country” means—

(a)

for the purposes of paragraph (1)(a) and (b), a country that is not the United Kingdom, the Isle of Man or Belarus, and

(b)

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

Textual Amendments

Commencement Information

I15Reg. 27 not in force at made date, see reg. 1(2)

I16Reg. 27 in force at 31.12.2020 by S.I. 2019/627, reg. 12(2); 2020 c. 1, Sch. 5 para. 1(1)

F44CHAPTER 2AU.K.Dual-use goods, dual-use technology and related activities

Textual Amendments

Interpretation of this ChapterU.K.

27A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Export of dual-use goodsU.K.

27B.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supply and delivery of dual-use goodsU.K.

27C.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Making dual-use goods and dual-use technology availableU.K.

27D.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of dual-use technologyU.K.

27E.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Technical assistance relating to dual-use goods and dual-use technologyU.K.

27F.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial services and funds relating to dual-use goods and dual-use technologyU.K.

27G.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Brokering services: non-UK activity relating to dual-use goods and dual-use technologyU.K.

27H.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F45CHAPTER 2BU.K.[F46Imports from Belarus and related activities]

Textual Amendments

Import of [F47goods originating in, or consigned from, Belarus] U.K.

27I.—(1) The import of goods to which this paragraph applies which originate in Belarus is prohibited.

(2) The import of goods to which this paragraph applies which are consigned from Belarus is prohibited.

(3) Paragraphs (1) and (2) apply to—

[F48(za)aluminium;]

[F49(a)arms and related materiel;

(b)cement;

(c)gold and gold jewellery which has been exported from Belarus on or after the relevant day;

(d)iron and steel products;

(e)mineral products;

(f)potash;

(g)relevant processed gold;

(h)rubber;

(i)wood.]

(4) Paragraphs (1) and (2) are subject to Part 6 (Exceptions and licences).

[F50(5) In this regulation [F51, regulation 27J and regulation 27K] “arms and related materiel” means—

(a)military goods, and

(b)any thing which falls within chapter 93 of the Goods Classification Table, other than military goods.

(6) For the purposes of the definition of “arms and related materiel”, whether a thing “falls within chapter 93 of the Goods Classification Table” is to be interpreted in accordance with paragraph 1 of Schedule 2B.]

[F52(7) In this Chapter, “relevant day” means the day on which this paragraph comes into force.]

Textual Amendments

Acquisition of [F53goods connected to Belarus] U.K.

27J.—(1) A person must not directly or indirectly acquire goods to which this paragraph applies—

(a)which originate in Belarus;

(b)which are located in Belarus.

(2) Paragraph (1) applies to—

[F54(za)aluminium.]

[F55(a)arms and related materiel;

(b)cement;

(c)gold and gold jewellery which has been exported from Belarus on or after the relevant day;

(d)iron and steel products;

(e)mineral products;

(f)potash;

(g)rubber;

(h)wood.]

(3) A person must not directly or indirectly acquire potash [F56, military goods or military technology] from a person connected with Belarus.

(4) Paragraphs (1) and (3) are subject to Part 6 (Exceptions and licences).

(5) A person who contravenes a prohibition in paragraph (1) or (3) commits an offence, but—

(a)it is a defence for a person charged with the offence of contravening paragraph (1)(a) to show that the person did not know and had no reasonable cause to suspect that the goods originated in Belarus;

(b)it is a defence for a person charged with the offence of contravening paragraph (1)(b) to show that the person did not know and had no reasonable cause to suspect that the goods were located in Belarus;

(c)it is a defence for a person charged with the offence of contravening paragraph (3) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Belarus.

Textual Amendments

Supply and delivery of [F57goods to places outside the UK] U.K.

27K.—(1) A person must not directly or indirectly supply or deliver goods to which this paragraph applies from a place in Belarus to a third country.

(2) A person must not directly or indirectly supply or deliver goods to which this paragraph applies from a place in a non-UK country to a place in a different non-UK country where those goods originate in Belarus.

[F58(3) Paragraph (1) applies to—

[F59(za)aluminium;]

[F60(a)arms and related materiel;

(b)cement;

(c)gold and gold jewellery which has been exported from Belarus on or after the relevant day;

(d)iron and steel products;

(e)mineral products;

(f)potash;

(g)rubber;

(h)wood.]

(3A) Paragraph (2) applies to—

[F61(a)cement;

(b)gold and gold jewellery which has been exported from Belarus on or after the relevant day;

(c)mineral products;

(d)potash;

(e)rubber;

(f)wood.]]

(4) Paragraphs (1) and (2) are subject to Part 6 (Exceptions and licences).

(5) A person who contravenes a prohibition in paragraph (1) or (2) commits an offence, but—

(a)it is a defence for a person charged with the offence of contravening paragraph (1) to show that the person did not know and had no reasonable cause to suspect that the supply or delivery was from a place in Belarus, whether directly or indirectly;

(b)it is a defence for a person charged with the offence of contravening paragraph (2) to show that the person did not know and had no reasonable cause to suspect that the goods originated in Belarus.

(6) In this regulation—

“non-UK country” means a country that is not the United Kingdom or the Isle of Man;

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

Textual Amendments

Technical assistance relating to [F62certain activities] U.K.

27L.—(1) A person must not directly or indirectly provide technical assistance relating to—

(a)the import of [F63cement, gold and gold jewellery which has been exported from Belarus on or after the relevant day, iron and steel products, mineral products, potash, relevant processed gold, rubber [F64, wood or aluminium]] which—

(i)originate in Belarus, or

(ii)are consigned from Belarus;

(b)the direct or indirect acquisition of [F65cement, gold and gold jewellery which has been exported from Belarus on or after the relevant day, iron and steel products, mineral products, potash, relevant processed gold, rubber [F66, wood or aluminium]] —

(i)originating in Belarus, or

(ii)located in Belarus;

(c)the direct or indirect supply or delivery of [F67cement, gold and gold jewellery which has been exported from Belarus on or after the relevant day, iron and steel products, mineral products, potash, relevant processed gold, rubber [F68, wood or aluminium]] from a place in Belarus to a third country;

[F69(d)the direct or indirect supply or delivery of cement, gold and gold jewellery which has been exported from Belarus on or after the relevant day, mineral products, potash, relevant processed gold, rubber, wood or aluminium from a place in a non-UK country to a place in a different non-UK country where the cement, gold and gold jewellery which has been exported from Belarus on or after the relevant day, mineral products, potash, relevant processed gold, rubber, wood or aluminium, originate in Belarus.]

(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—

(a)it is a defence for a person charged with an offence of contravening paragraph 1(a), 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;

(b)it is a defence for a person charged with an offence of contravening paragraph 1(b), to show that the person did not know and had no reasonable cause to suspect that the technical assistance related to an acquisition described in that paragraph;

(c)it is a defence for a person charged with an offence of contravening paragraph 1(c) or (d), to show that the person did not know and had no reasonable cause to suspect that the technical assistance related to a supply or delivery described in paragraph (c) or (d), as applicable.

(4) In this regulation—

“non-UK country” means a country that is not the United Kingdom or the Isle of Man;

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

Textual Amendments

Financial services, funds and brokering services relating to [F70certain arrangements] U.K.

27M.—(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—

(a)the import of [F71cement, gold and gold jewellery which has been exported from Belarus on or after the relevant day, iron and steel products, mineral products, potash, relevant processed gold, rubber [F72, wood or aluminium]] which—

(i)originate in Belarus, or

(ii)are consigned from Belarus;

(b)the direct or indirect acquisition of [F73cement, gold and gold jewellery which has been exported from Belarus on or after the relevant day, iron and steel products, mineral products, potash, relevant processed gold, rubber [F74, wood or aluminium]] —

(i)originating in Belarus, or

(ii)located in Belarus;

(c)the direct or indirect supply or delivery of [F75cement, gold and gold jewellery which has been exported from Belarus on or after the relevant day, iron and steel products, mineral products, potash, relevant processed gold, rubber [F76, wood or aluminium]] from a place in Belarus to a third country;

[F77(d)the direct or indirect supply or delivery of cement, gold and gold jewellery which has been exported from Belarus on or after the relevant day, mineral products, potash, relevant processed gold, rubber, wood or aluminium from a place in a non-UK country to a place in a different non-UK country where the cement, gold and gold jewellery which has been exported from Belarus on or after the relevant day, mineral products, potash, relevant processed gold, rubber, wood or aluminium originate in Belarus.]

(2) A person must not directly or indirectly provide brokering services in relation to any arrangements described in paragraph (1).

(3) Paragraphs (1) and (2) are subject to Part 6 (Exceptions and licences).

(4) 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.

(5) A person who contravenes a prohibition in paragraph (2) 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.

(6) In this regulation—

“non-UK country” means a country that is not the United Kingdom or the Isle of Man;

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

Textual Amendments

CHAPTER 2CU.K. [F78Other trade prohibitions]

Textual Amendments

Technical assistance relating to aircraft [F79and ships] U.K.

27N.—(1) A person must not directly or indirectly provide technical assistance to, or for the benefit of, [F80any designated person, where the assistance relates to an aircraft or a ship.]

(2) Paragraph (1) does not apply to any technical assistance which is prohibited under [F81regulation 25 (technical assistance relating to certain goods and technology).]

(3) Paragraph (1) is subject to Part 6 (Exceptions and licences).

(4) A person who contravenes the 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 technical assistance was provided to or for the benefit of a [F82designated person].

[F83(5) In this regulation—

“aircraft” includes unmanned aircraft and aircraft capable of spaceflight activities;

“designated person” means a person designated under regulation 5 (power to designate persons) for the purposes of this regulation;

“ship” includes every description of vessel (including a hovercraft) used in navigation;

“spaceflight activities” has the meaning given in section 1(6) of the Space Industry Act 2018.]]

Textual Amendments

[F84Enabling or facilitating military activitiesU.K.

27O.—(1) A person must not directly or indirectly provide—

(a)technical assistance,

(b)armed personnel,

(c)financial services or funds, or

(d)brokering services in relation to an arrangement whose object or effect is to provide, in a non-UK country, anything mentioned in sub-paragraphs (a) to (c),

where such provision enables or facilitates the conduct of military activities carried on or proposed to be carried on by the Belarusian military or any other military end-user who is a person connected with Belarus.

(2) Paragraph (1) is subject to Part 6 (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 provision as mentioned in paragraph (1) would enable or facilitate the conduct of military activities carried on or proposed to be carried on by the Belarusian military or any other military end-user who is a person connected with Belarus.

(4) In this regulation—

“non-UK country” means a country that is not the United Kingdom;

“technical assistance” means the provision of technical support or any other technical service.

(5) Nothing in this regulation is to be taken to limit the meaning of any of the prohibitions contained in this Part.]

Textual Amendments

[F85CHAPTER 2DU.K.Internet services

Textual Amendments

Preventing provision of internet services to or for the benefit of designated personsU.K.

27P.—(1) A person who provides a social media service must take reasonable steps to prevent content that is generated directly on the service, or uploaded to or shared on the service, by a designated person being encountered by a user of the service in the United Kingdom.

(2) A person who provides an internet access service must take reasonable steps to prevent a user of the service in the United Kingdom from accessing, by means of that service, an internet service provided by a designated person.

(3) A person who provides an application store through which an application for an internet service may be downloaded or otherwise accessed must take reasonable steps to prevent a user of the application store in the United Kingdom from downloading or otherwise accessing, by means of that application store, an internet service provided by a designated person.

(4) A person who fails to comply with the requirement in paragraph (1), paragraph (2) or paragraph (3) commits an offence.

(5) In this regulation—

“content” means anything communicated by means of an internet service, whether publicly or privately, including written material or messages, oral communications, photographs, videos, visual images, music and data of any description;

“designated person” means a person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation;

“encounter”, in relation to content, means read, view, hear or otherwise experience content;

“internet access service” means a service that provides access to virtually all (or just some) of the end points of the internet;

“internet service” means a service that is made available by means of the internet;

“social media service” has the meaning given by section 43(3) of the Finance Act 2020.]

CHAPTER 3U.K.Further provision

Circumventing etc prohibitionsU.K.

28.—(1) A person must not intentionally participate in activities knowing that the object or effect of them is, whether directly or indirectly—

(a)to circumvent any of the prohibitions in [F86Chapter 2 F87..., 2B or 2C] of this Part, or

(b)to enable or facilitate the contravention of any such prohibition.

(2) A person who contravenes a prohibition in paragraph (1) commits an offence.

Textual Amendments

Commencement Information

I17Reg. 28 not in force at made date, see reg. 1(2)

I18Reg. 28 in force at 31.12.2020 by S.I. 2019/627, reg. 12(2); 2020 c. 1, Sch. 5 para. 1(1)

DefencesU.K.

29.—(1) Paragraph (2) applies where a person relies on a defence under [F88Chapter 2 F89..., 2B or 2C] of this Part.

(2) If evidence is adduced which is sufficient to raise an issue with respect to the defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

Textual Amendments

Commencement Information

I19Reg. 29 not in force at made date, see reg. 1(2)

I20Reg. 29 in force at 31.12.2020 by S.I. 2019/627, reg. 12(2); 2020 c. 1, Sch. 5 para. 1(1)

Yn ôl i’r brig

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