The Libya (Sanctions) (EU Exit) Regulations 2020

CHAPTER 1 Trade prohibitions related to goods and technology

Export of restricted goods

23.—(1) The export of restricted goods to, or for use in, Libya is prohibited.

(2) Paragraph (1) is subject to Part 8 (Exceptions and licences).

Import of arms and related materiel and internal repression goods

24.—(1) The import of the following goods which are consigned from Libya is prohibited—

(a) arms and related materiel;

(b) internal repression goods.

(2) The import of goods mentioned in paragraph (1) which originate in Libya, is prohibited.

(3) Paragraphs (1) and (2) are subject to Part 8 (Exceptions and licences).

Supply and delivery of certain goods

25.—(1) A person must not—

(a) directly or indirectly supply or deliver restricted goods from a third country to a place in Libya;

(b) directly or indirectly supply or deliver military goods or internal repression goods from a place in Libya to a third country.

(2) Paragraph (1) is subject to Part 8 (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 goods were destined (or ultimately destined) for Libya.

(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 supply or delivery was from a place in Libya, whether directly or indirectly.

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

Making available or acquiring certain goods and technology

26.—(1) A person must not—

(a) directly or indirectly make restricted goods or restricted technology available to a person connected with Libya;

(b) directly or indirectly make restricted goods or restricted technology available for use in Libya;

(c) directly or indirectly acquire military goods, internal repression goods or restricted technology from a person connected with Libya;

(d) directly or indirectly acquire military goods, internal repression goods or restricted technology which originate in Libya;

(e) directly or indirectly acquire military goods, internal repression goods or restricted technology located in Libya.

(2) Paragraph (1) is subject to Part 8 (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) or (c) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Libya;

(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 Libya;

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

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

Transfer of restricted technology

27.—(1) A person must not—

(a) transfer restricted technology to a place in Libya;

(b) transfer restricted technology to a person connected with Libya;

(c) transfer restricted technology to persons outside the United Kingdom or to a place outside the United Kingdom, where the transfer is from a place in Libya.

(2) Paragraph (1) is subject to Part 8 (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 Libya;

(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 Libya;

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

Technical assistance relating to restricted goods and restricted technology

28.—(1) A person must not directly or indirectly provide technical assistance relating to restricted goods or restricted technology—

(a) to a person connected with Libya, or

(b) for use in Libya.

(2) Paragraph (1) is subject to Part 8 (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 Libya;

(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 Libya.

Financial services and funds relating to restricted goods and restricted technology

29.—(1) A person must not directly or indirectly provide, to a person connected with Libya, financial services in pursuance of or in connection with an arrangement whose object or effect is—

(a) the export of restricted goods,

(b) the direct or indirect supply or delivery of restricted goods,

(c) directly or indirectly making restricted goods or restricted technology available to a person,

(d) the transfer of restricted technology, or

(e) the direct or indirect provision of technical assistance relating to restricted goods or restricted technology.

(2) A person must not directly or indirectly make funds available to a person connected with Libya 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 restricted goods to, or for use in, Libya,

(b) the direct or indirect supply or delivery of restricted goods to a place in Libya,

(c) directly or indirectly making restricted goods or restricted technology available—

(i) to a person connected with Libya, or

(ii) for use in Libya,

(d) the transfer of restricted technology—

(i) to a person connected with Libya, or

(ii) to a place in Libya, or

(e) the direct or indirect provision of technical assistance relating to restricted goods or military technology—

(i) to a person connected with Libya, or

(ii) for use in Libya.

(4) Paragraphs (1) to (3) are subject to Part 8 (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 the 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 Libya;

(b) it is a defence for a person charged with the 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.

Brokering services: non-UK activity relating to restricted goods and restricted technology

30.—(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 restricted goods from a third country to a place in Libya,

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

(i) to a person connected with Libya, or

(ii) to a place in Libya,

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

(i) to a person connected with Libya, or

(ii) to a place in Libya,

(d) the transfer of restricted technology from a place in a third country—

(i) to a person connected with Libya, or

(ii) to a place in Libya,

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

(i) to a person connected with Libya, or

(ii) for use in Libya,

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

(i) to a person connected with Libya, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 29(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 29(3),

(g) directly or indirectly making funds available, in a non-UK country, to a person connected with Libya, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 29(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 29(3).

(2) Paragraph (1) is subject to Part 8 (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;

“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 Libya,

(b)

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