The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022

PART 9 Transitional provision and consequential amendments

Transitional provision: trade licences

45.—(1) Paragraph (2) applies in relation to a relevant authorisation which—

(a) was in effect immediately before the relevant date, and

(b) authorises an act which would (on and after the relevant date, and in the absence of paragraph (2)) be prohibited by Part 5 (Trade) of the 2019 Regulations,

and such a licence or authorisation is referred to in this regulation as an “existing trade licence”.

(2) A licence is deemed to have been issued at the beginning of the relevant date by the Secretary of State under regulation 33 (trade licences) of the 2019 Regulations—

(a) disapplying every provision of Part 5 of the 2019 Regulations which would, in the absence of this paragraph, prohibit any act authorised by the existing trade licence, and

(b) otherwise in the same terms as the existing trade licence.

(3) In this regulation—

“2019 Regulations” means the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019;

“relevant authorisation” means a licence or authorisation granted by the Secretary of State under—

(a)

the Export Control Order 2008,

(b)

the Dual-Use Regulation,

(c)

Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items(1) as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement(2), or

(d)

Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (recast)(3) as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;

“relevant date” means the date on which these Regulations come into force.

Amendment of the Merchant Shipping (Registration of Ships) Regulations 1993

46.—(1) Regulation 1 (citation, commencement and interpretation) of the Merchant Shipping (Registration of Ships) Regulations 1993(4) is amended as follows.

(2) In paragraph (2)—

(a) in the definition of “relevant provisions of the sanctions regulations”—

(i) at the end of paragraph (a), omit “or”;

(ii) at the end of paragraph (b), insert “or”;

(iii) after paragraph (b) insert—

“(c) regulation 29J(1) (registration of ships in the United Kingdom) of the Belarus (Sanctions) (EU Exit) Regulations 2019;”.

(b) in the definition of “termination directions”—

(i) at the end of paragraph (a), omit “or”;

(ii) at the end of paragraph (b), insert “or”;

(iii) after paragraph (b), insert—

“(c) regulation 29J(2) (registration of ships in the United Kingdom) of the Belarus (Sanctions) (EU Exit) Regulations 2019;”.

(1)

OJ No. L 134, 29.5.2009, p. 1; relevant amending instruments are OJ No. L 326, 8.12.2011, p. 26, OJ No. L 173, 12.6.2014, and OJ No. L 428, 30.12.2019, p. 1.

(2)

A copy of the EU withdrawal agreement may be found online at https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration.

(3)

OJ L 206, 11.6.2021.

(4)

S.I. 1993/3138. Regulation 1 was amended by S.I. 2022/203 and S.I. 2022/241. There are other amendments not relevant to these Regulations.