The Russia (Sanctions) (EU Exit) Regulations 2019

PART 1 U.K. General

Citation and commencement U.K.

1.—(1) These Regulations may be cited as the Russia (Sanctions) (EU Exit) Regulations 2019.

(2) Subject to paragraph (3), these Regulations come into force on exit day.

(3) The following provisions of these Regulations come into force on the day after the day on which the Regulations are made—

(a) this regulation;

(b) regulation 2 (interpretation);

(c) regulation 4 (purposes);

(d) Part 2;

(e) Schedule 1 (rules for interpretation of regulations 7(2) and 16(7)).

Commencement Information

I1 Reg. 1 in force at 11.4.2019, see reg. 1(3)(a)

Interpretation U.K.

2.  In these Regulations—

“the Act” means the Sanctions and Anti-Money Laundering Act 2018;

[F1 “aircraft licence” means a licence under regulation 65A;]

“arrangement” includes any agreement, understanding, scheme, transaction or series of transactions, whether or not legally enforceable (but see paragraph 12 of Schedule 1 for the meaning of that term in that Schedule);

“CEMA” means the Customs and Excise Management Act 1979 M1 ;

“the Commissioners” means the Commissioners for Her Majesty's Revenue and Customs;

“conduct” includes acts and omissions;

“Crimea” means the Autonomous Republic of Crimea and the city of Sevastopol;

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

“the EU Russia Regulations” means the following, as they have effect in EU law—

(a)

Council Regulation (EU) No 269/2014 of 17 March 2014 (concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine) M2 ,

(b)

Council Regulation (EU) No 692/2014 of 23 June 2014 (concerning restrictive measures in response to the illegal annexation of Crimea and Sevastopol) M3 , and

(c)

Council Regulation (EU) No 833/2014 of 31 July 2014 (concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine) M4 ;

[F1 “non-government controlled areas of the Donetsk and Luhansk oblasts” means the parts of the Donetsk oblast and the Luhansk oblast of Ukraine as determined in Decree Number 32/2019 issued by the President of Ukraine on 7th February 2019 under Article 1 of the Law of Ukraine of 18th January 2018 Nr. 2268-VIII “On the Peculiarities of State Policy on Ensuring the State Sovereignty of Ukraine over Temporarily Occupied Territories in Donetsk and Luhansk Oblasts”F2 ;]

[F1 “non-government controlled Ukrainian territory” means Crimea and non-government controlled areas of the Donetsk and Luhansk oblasts;]

[F3 “OFCOM” means the Office of Communications;]

“trade licence” means a licence under regulation 65;

“Treasury licence” means a licence under regulation 64(1); the “Ukraine Financial Sanctions Regulations” means—

(a)

The Ukraine (European Union Financial Sanctions) (No.2) Regulations 2014 M5 , and

(b)

The Ukraine (European Union Financial Sanctions) (No.3) Regulations 2014 M6 ;

“United Kingdom person” has the same meaning as in section 21 of the Act;

“working day” means any day other than—

(a)

Saturday or Sunday,

(b)

Christmas Day or Good Friday, or

(c)

a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

Textual Amendments

F1 Words in reg. 2 inserted (30.3.2022 at 5.00 p.m.) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 7) Regulations 2022 (S.I. 2022/395), regs. 1(2), 3

F2 Law of Ukraine of 18th January 2018 Number 2268-VIII “On the Peculiarities of State Policy on Ensuring the State Sovereignty of Ukraine over Temporarily Occupied Territories in Donetsk and Luhansk Oblasts”. Verkhovna Rada of Ukraine Information of 09.03.2018 - 2018, No 10, p. 67. URL: https://zakon.rada.gov.ua/laws/show/2268-19 (in Ukrainian). Presidential Decree Number 32/2019 “Decree of the President of Ukraine: On the the Borders and the List of Districts, Cities, Settlements and Villages, and parts of their territories, temporarily occupied in Donetsk and Luhansk Oblasts” was issued under Article 1 of that Law on 7th February 2019. URL: https://zakon.rada.gov.ua/laws/show/32/2019 (in Ukrainian). A translation of these documents is available upon request from the Foreign, Commonwealth and Development Office.

F3 Words in reg. 2 inserted (29.4.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 9) Regulations 2022 (S.I. 2022/477), regs. 1(2), 3

Commencement Information

I2 Reg. 2 in force at 11.4.2019, see reg. 1(3)(b)

Marginal Citations

M1 1979 c.2. Amendments have been made to this Act and are cited, where relevant, in respect of the applicable regulations.

M2 OJ L 78, 17.3.2014, p. 6–15.

M3 OJ L 183 24.6.2014, p. 9.

M4 OJ L 229, 31.7.2014, p. 1–11.

M5 S.I. 2014/693, as modified by the Wales Act 2014 (c.29), section 4(4)(a) and amended by S.I. 2017/560, S.I. 2017/754 and S.I. 2018/682 and as prospectively amended by S.I. 2018/1149.

M6 S.I. 2014/2054, as amended by S.I. 2014/2445, S.I. 2014/3230, S.I. 2017/560, S.I. 2017/754, 2018/682 and as prospectively amended by S.I. 2018/1149.

Application of prohibitions and requirements outside the United Kingdom U.K.

3.—(1) A United Kingdom person may contravene a relevant prohibition by conduct wholly or partly outside the United Kingdom.

(2) Any person may contravene a relevant prohibition by conduct in the territorial sea.

(3) In this regulation a “relevant prohibition” means any prohibition imposed—

(a) by regulation 9(2) [F4 or 9B(2)] (confidential information),

(b) by Part 3 (Finance),

(c) by Part 5 (Trade),

[F5 (d) under Part 6 (Ships),]

[F6 (da) by regulation 57L(6) (disclosure of confidential information), or]

(e) by a condition of a Treasury licence or a trade licence.

(4) A United Kingdom person may comply, or fail to comply, with a relevant requirement by conduct wholly or partly outside the United Kingdom.

(5) Any person may comply, or fail to comply, with a relevant requirement [F7 or a requirement imposed by a direction under regulation 57J(3) (direction by air traffic control to operator or pilot of Russian aircraft),] [F8 or a requirement imposed by a condition of an aircraft licence,] by conduct in the territorial sea.

(6) In this regulation a “relevant requirement” means any requirement imposed—

(a) by or under Part 8 (Information and records), or by reason of a request made under a power conferred by [F9 that Part,]

(b) by a condition of a Treasury licence or a [F10 trade licence, or]

[F11 (c) by a direction under regulation 57C (movement of ships).]

(7) Nothing in this regulation is to be taken to prevent a relevant prohibition or a relevant requirement from applying to conduct (by any person) in the United Kingdom.

Textual Amendments

F4 Words in reg. 3(3)(a) inserted (30.3.2022 at 5.00 p.m.) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 7) Regulations 2022 (S.I. 2022/395), regs. 1(2), 4(a)

F5 Words in reg. 3(3)(d) substituted (8.3.2022 at 5.00 p.m.) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 6) Regulations 2022 (S.I. 2022/241), regs. 1(2), 3(a)(i)

F6 Reg. 3(3)(da) inserted (8.3.2022 at 5.00 p.m.) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 6) Regulations 2022 (S.I. 2022/241), regs. 1(2), 3(a)(ii)

F7 Words in reg. 3(5) inserted (8.3.2022 at 5.00 p.m.) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 6) Regulations 2022 (S.I. 2022/241), regs. 1(2), 3(b)

F8 Words in reg. 3(5) inserted (30.3.2022 at 5.00 p.m.) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 7) Regulations 2022 (S.I. 2022/395), regs. 1(2), 4(b)

F9 Words in reg. 3(6)(a) substituted (1.3.2022 at 3.00 p.m.) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/203), regs. 1(2), 3(a)

F10 Words in reg. 3(6)(b) substituted (1.3.2022 at 3.00 p.m.) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/203), regs. 1(2), 3(b)

F11 Reg. 3(6)(c) inserted (1.3.2022 at 3.00 p.m.) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/203), regs. 1(2), 3(c)

Commencement Information

I3 Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Purposes U.K.

4.  The regulations contained in this instrument that are made under section 1 of the Act are for the purposes of encouraging Russia to cease actions destabilising Ukraine or undermining or threatening the territorial integrity, sovereignty or independence of Ukraine.

Commencement Information

I4 Reg. 4 in force at 11.4.2019, see reg. 1(3)(c)