The Russia (Sanctions) (EU Exit) (Amendment) (No. 10) Regulations 2022

Further prohibitions relating to certain goods and services

8.  After regulation 46I (inserted by regulation 7), insert—

“CHAPTER 4D Interception and monitoring services

Interpretation

46J.   In this Chapter, “Government of Russia” has the meaning given in regulation 6(7);

Interception and monitoring services

46K.— (1) A person must not directly or indirectly provide interception and monitoring services to, or for the benefit of, the Government of Russia.

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes the prohibition in paragraph (1) commits an offence, but it is a defence for a person (“P”) charged with that offence 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 Russia.

Supply and delivery of interception and monitoring services

46L.— (1) A person must not directly or indirectly supply or deliver interception and monitoring services to, or for the benefit of, the Government of Russia from a third country.

(2) Paragraph (1) is subject to Part 7 (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 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 to the Government of Russia, whether directly or indirectly.

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

CHAPTER 4E Banknotes

Banknotes

46M.— (1) The export of banknotes to, or for use in, Russia is prohibited.

(2) A person must not directly or indirectly—

(a) supply or deliver banknotes to a person connected with Russia;

(b) make banknotes available to a person connected with Russia; or

(c) make banknotes available for use in Russia.

(3) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences).

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

(5) In this regulation, “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.

CHAPTER 4F Jet fuel and fuel additives

Interpretation

46N.   In this Chapter, “jet fuel and fuel additives” means the goods listed under that heading in Part 8 of Schedule 2A(1).

Jet fuel and fuel additives

46O.— (1) The export of jet fuel and fuel additives to, or for use in, Russia is prohibited.

(2) A person must not directly or indirectly—

(a) supply or deliver jet fuel and fuel additives from a third country to a place in Russia;

(b) make jet fuel and fuel additives available to a person connected with Russia;

(c) make jet fuel and fuel additives available for use in Russia.

(3) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences).

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

(a) it is a defence for a person charged with the offence of contravening paragraph (2)(a) to show that the person did not know and had no reasonable cause to suspect that the jet fuel and fuel additives were destined (or ultimately destined) for Russia;

(b) it is a defence for a person charged with the offence of contravening paragraph (2)(b) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Russia;

(c) it is a defence for a person charged with the offence of contravening paragraph (2)(c) to show that the person did not know and had no reasonable cause to suspect that the jet fuel and fuel additives were for use in Russia.

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

Technical assistance relating to jet fuel and fuel additives

46P.— (1) A person must not directly or indirectly provide technical assistance relating to jet fuel and fuel additives—

(a) to a person connected with Russia; or

(b) for use in Russia.

(2) Paragraph (1) is subject to Part 7 (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 was to be provided to a person connected with Russia;

(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 jet fuel and fuel additives for use in Russia.

Financial services and funds relating to jet fuel and fuel additives

46Q.— (1) A person must not directly or indirectly provide, to a person connected with Russia, financial services in pursuance of or in connection with an arrangement whose object or effect is—

(a) the export of jet fuel and fuel additives;

(b) the direct or indirect supply or delivery of jet fuel and fuel additives;

(c) directly or indirectly making jet fuel and fuel additives available to a person connected with Russia; or

(d) the direct or indirect provision of technical assistance relating to jet fuel and fuel additives.

(2) A person must not directly or indirectly make funds available to a person connected with Russia 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 jet fuel and fuel additives to, or for use in, Russia;

(b) the direct or indirect supply or delivery of jet fuel and fuel additives to a place in Russia;

(c) directly or indirectly making jet fuel and fuel additives available—

(i) to a person connected with Russia, or

(ii) for use in Russia; or

(d) the direct or indirect provision of technical assistance relating to jet fuel and fuel additives—

(i) to a person connected with Russia, or

(ii) for use in Russia.

(4) Paragraphs (1) to (3) are subject to Part 7 (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 Russia;

(b) it is a defence for a person charged with the offence of contravening 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 relating to jet fuel and fuel additives

46R.— (1) A person must not directly or indirectly provide brokering services to a person connected with Russia in relation to an arrangement whose object or effect is—

(a) the export of jet fuel and fuel additives;

(b) the direct or indirect supply or delivery of jet fuel and fuel additives;

(c) directly or indirectly making jet fuel and fuel additives available to a person connected with Russia; or

(d) the direct or indirect provision of technical assistance relating to jet fuel and fuel additives.

(2) Paragraph (1) is subject to Part 7 (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.

CHAPTER 4G Revenue generating goods

Interpretation

46S.   In this Chapter—

“revenue generating goods” means any thing specified in Schedule 3D(2);

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

Import of revenue generating goods

46T.— (1) The import of revenue generating goods which are consigned from Russia is prohibited.

(2) The import of revenue generating goods which originate in Russia is prohibited.

(3) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences).

Acquisition of revenue generating goods

46U.— (1) A person must not directly or indirectly acquire revenue generating goods which—

(a) originate in Russia; or

(b) are located in Russia,

with the intention of those goods entering the United Kingdom.

(2) Paragraph (1) is subject to Part 7 (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 originated in Russia;

(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 Russia.

Supply and delivery of revenue generating goods

46V.— (1) A person must not directly or indirectly supply or deliver revenue generating goods from a place in Russia into the United Kingdom.

(2) Paragraph (1) is subject to Part 7 (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 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 Russia, whether directly or indirectly.

Technical assistance relating to revenue generating goods

46W.— (1) A person must not directly or indirectly provide technical assistance relating to—

(a) the import of revenue generating goods which—

(i) originate in Russia, or

(ii) are consigned from Russia;

(b) the direct or indirect acquisition of revenue generating goods which—

(i) originate in Russia, or

(ii) are located in Russia,

with the intention of those goods entering the United Kingdom;

(c) the direct or indirect supply or delivery of revenue generating goods from a place in Russia into the United Kingdom.

(2) Paragraph (1) is subject to Part 7 (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), 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 that paragraph.

Financial services and funds relating to revenue generating goods

46X.— (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 revenue generating goods which—

(i) originate in Russia, or

(ii) are consigned from Russia; or

(b) the direct or indirect acquisition of revenue generating goods which—

(i) originate in Russia, or

(ii) are located in Russia,

with the intention of those goods entering the United Kingdom;

(c) the direct or indirect supply or delivery of revenue generating goods from a place in Russia into the United Kingdom.

(2) Paragraph (1) is subject to Part 7 (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 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 relating to revenue generating goods

46Y.— (1) A person must not directly or indirectly provide brokering services in relation to any arrangements described in regulation 46X(1)(a) to (c).

(2) Paragraph (1) is subject to Part 7 (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.”.

(1)

Those goods are inserted into Part 8 by regulation 11(5) and Schedule 2.

(2)

Schedule 3D is inserted by regulation 11(8) and Schedule 3.