The Myanmar (Sanctions) Regulations 2021

CHAPTER 3 U.K. Dual-use goods and dual-use technology

Interpretation of this Chapter U.K.

29.  For the purposes of this Chapter—

(a) goods are “for military use” if they are—

(i) for use by the Tatmadaw or any other military end-user, or

(ii) for any military use;

(b) technology is “for military use” if it—

(i) relates to military activities carried on or proposed to be carried on by the Tatmadaw or any other military end-user, or

(ii) is for any military use.

Commencement Information

I1 Reg. 29 in force at 29.4.2021 at 5.00 p.m., see reg. 1(3)

Export of dual-use goods U.K.

30.—(1) The export to Myanmar of dual-use goods for military use is prohibited.

(2) The export of dual-use goods for military use in Myanmar is prohibited.

(3) The export of dual-use goods to or for use by the Myanmar security forces is prohibited.

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

Commencement Information

I2 Reg. 30 in force at 29.4.2021 at 5.00 p.m., see reg. 1(3)

Supply and delivery of dual-use goods U.K.

31.—(1) A person must not—

(a) directly or indirectly supply or deliver dual-use goods for military use from a third country to a place in Myanmar;

(b) directly or indirectly supply or deliver dual-use goods from a third country to, or for use by, the Myanmar security forces.

(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—

(i) the goods were destined (or ultimately destined) for Myanmar, or

(ii) the goods were for military use;

(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 goods were supplied or delivered to or for the use of the Myanmar security forces.

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

Commencement Information

I3 Reg. 31 in force at 29.4.2021 at 5.00 p.m., see reg. 1(3)

Making dual-use goods and dual-use technology available U.K.

32.—(1) A person must not—

(a) directly or indirectly make available, to a person connected with Myanmar, dual-use goods for military use or dual-use technology for military use;

(b) directly or indirectly make available dual-use goods for military use in Myanmar or dual-use technology for military use in Myanmar;

(c) directly or indirectly make dual-use goods available to, or for use by, the Myanmar security forces.

(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) (“P”) to show that P did not know and had no reasonable cause to suspect that—

(i) the person was connected with Myanmar, or

(ii) the goods or technology were for military use;

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

(c) it is a defence for a person charged with an offence of contravening paragraph (1)(c) (“P”) to show that P did not know and had no reasonable cause to suspect that the goods were made available to or for the use of the Myanmar security forces.

Commencement Information

I4 Reg. 32 in force at 29.4.2021 at 5.00 p.m., see reg. 1(3)

Transfer of dual-use technology U.K.

33.—(1) A person must not—

(a) transfer dual-use technology for military use to a place in Myanmar;

(b) transfer dual-use technology for military use to a person connected with Myanmar;

(c) transfer dual-use technology to the Myanmar security forces.

(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—

(i) the transfer was to a place in Myanmar, or

(ii) the technology was for military use;

(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—

(i) the person was connected with Myanmar, or

(ii) the technology was for military use;

(c) it is a defence for a person charged with an offence of contravening paragraph (1)(c) (“P”) to show that P did not know and had no reasonable cause to suspect that the technology was transferred to the Myanmar security forces.

Commencement Information

I5 Reg. 33 in force at 29.4.2021 at 5.00 p.m., see reg. 1(3)

Technical assistance relating to dual-use goods and dual-use technology U.K.

34.—(1) A person must not directly or indirectly—

(a) provide technical assistance relating to dual-use goods for military use or dual-use technology for military use to a person connected with Myanmar;

(b) provide technical assistance relating to dual-use goods for military use in Myanmar or dual-use technology for military use in Myanmar;

(c) provide technical assistance relating to dual-use goods or dual-use technology to the Myanmar security forces;

(d) provide technical assistance relating to dual-use goods or dual-use technology for use by the Myanmar security forces.

(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—

(i) the person was connected with Myanmar, or

(ii) the goods or technology were for military use;

(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 goods or technology were for military use in Myanmar;

(c) it is a defence for a person charged with the offence of contravening paragraph (1)(c) (“P”) to show that P did not know and had no reasonable cause to suspect that the technical assistance was provided to the Myanmar security forces;

(d) it is a defence for a person charged with the offence of contravening paragraph (1)(d) (“P”) to show that P did not know and had no reasonable cause to suspect that the goods or technology were for use by the Myanmar security forces.

Commencement Information

I6 Reg. 34 in force at 29.4.2021 at 5.00 p.m., see reg. 1(3)

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

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

(a) the export of dual-use goods for military use,

(b) the direct or indirect supply or delivery of dual-use goods for military use,

(c) directly or indirectly making dual-use goods or dual-use technology for military use available to a person,

(d) the transfer of dual-use technology for military use, or

(e) the direct or indirect provision of technical assistance relating to dual-use goods or dual-use technology for military use.

(2) A person must not directly or indirectly make funds available to a person connected with Myanmar in pursuance of or in connection with an arrangement mentioned in paragraph (1).

(3) A person must not directly or indirectly provide, to the Myanmar security forces, financial services or funds in pursuance of or in connection with an arrangement whose object or effect is—

(a) the export of dual-use goods,

(b) the direct or indirect supply or delivery of dual-use goods,

(c) directly or indirectly making dual-use goods or dual-use technology available to a person,

(d) the transfer of dual-use technology, or

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

(4) 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 to Myanmar of dual-use goods for military use,

(b) the export of dual-use goods for military use in Myanmar,

(c) the export of dual-use goods to or for use by the Myanmar security forces,

(d) the direct or indirect supply or delivery of dual-use goods for military use to a place in Myanmar,

(e) the direct or indirect supply or delivery of dual-use goods to, or for use by, the Myanmar security forces,

(f) directly or indirectly making available, to a person connected with Myanmar, dual-use goods for military use or dual-use technology for military use,

(g) directly or indirectly making available dual-use goods for military use in Myanmar or dual-use technology for military use in Myanmar,

(h) directly or indirectly making available dual-use goods or dual-use technology to, or for use by, the Myanmar security forces,

(i) the transfer of dual-use technology for military use—

(i) to a person connected with Myanmar, or

(ii) to a place in Myanmar,

(j) the transfer of dual-use technology to the Myanmar security forces,

(k) the direct or indirect provision of technical assistance relating to dual-use goods for military use or dual-use technology for military use to a person connected with Myanmar,

(l) the direct or indirect provision of technical assistance relating to dual-use goods for military use in Myanmar or dual-use technology for military use in Myanmar,

(m) the direct or indirect provision of technical assistance relating to dual-use goods or dual-use technology to the Myanmar security forces, or

(n) the direct or indirect provision of technical assistance relating to dual-use goods or dual-use technology for use by the Myanmar security forces.

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

(6) A person who contravenes a prohibition in any of paragraphs (1) to (4) commits an offence, but—

(a) it is a defence for a person charged with an offence of contravening a prohibition in 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 Myanmar;

(b) it is a defence for a person charged with an offence of contravening a prohibition in paragraph (3) (“P”) to show that P did not know and had no reasonable cause to suspect that the financial services or funds (as the case may be) were provided to the Myanmar security forces;

(c) it is a defence for a person charged with an offence of contravening a prohibition in paragraph (4) (“P”) to show that P 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.

Commencement Information

I7 Reg. 35 in force at 29.4.2021 at 5.00 p.m., see reg. 1(3)

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

36.—(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 dual-use goods for military use from a third country to a place in Myanmar,

(b) the direct or indirect supply or delivery of dual-use goods to or for use by the Myanmar 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 Myanmar, or

(ii) to a place in Myanmar,

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

(i) to a person connected with Myanmar, or

(ii) to a place in Myanmar,

(e) directly or indirectly making dual-use goods or dual-use technology available to, or for use by, the Myanmar 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 Myanmar, or

(ii) to a place in Myanmar,

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

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

(i) to a person connected with Myanmar, or

(ii) for use in Myanmar,

(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 Myanmar security forces,

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

(i) to a person connected with Myanmar, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 35(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 35(3),

(k) directly or indirectly making funds available, in a non-UK country, to a person connected with Myanmar, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 35(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 35(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;

“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 Myanmar, and

(b)

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

Commencement Information

I8 Reg. 36 in force at 29.4.2021 at 5.00 p.m., see reg. 1(3)