The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2023

Amendments to regulation 6 (criteria: meaning of “involved person”)

5.  In regulation 6—

(a) in paragraph (3A)—

(i) in sub-paragraph (c), after “Belarus,” omit “or”;

(ii) in sub-paragraph (d)(ii), after “sub-paragraph (b) or (c)” for “.” substitute “;”;

(iii) after sub-paragraph (d), insert—

“(e) holding the right, directly or indirectly, to nominate at least one director (whether executive or non-executive), trustee or equivalent of—

(i) a Government of Belarus-affiliated entity, or

(ii) a person, other than an individual, which falls within sub-paragraph (b) or (c).”;

(b) after paragraph (3A), insert—

“(3B) For the purposes of this regulation, a person is involved in “conduct destabilising Ukraine or undermining or threatening the territorial integrity, sovereignty or independence of Ukraine” or “obtaining a benefit from or supporting the Government of Belarus through carrying on a relevant business activity” if they work for, or are affiliated to, the Government of Belarus, as—

(a) an aide or adviser to the President of Belarus;

(b) a head or deputy head of any public body, service or committee subordinate to the President of Belarus or the Council of Ministers of the Republic of Belarus, including the Administration of the President of the Republic of Belarus;

(c) a member of the Security Council of Belarus;

(d) a Prime Minister, First Deputy Prime Minister or Deputy Prime Minister of Belarus;

(e) a Minister or Deputy Minister of any Ministry of Belarus;

(f) a Chairperson or member of the Board of Directors of the National Bank of the Republic of Belarus;

(g) a head or deputy head of the Minsk City Executive Committee or any Regional Executive Committee;

(h) a head or deputy head of any other public body, committee or agency of the Government of Belarus;

(i) a member of the armed forces or law-enforcement organs of Belarus holding a rank of Lieutenant-Colonel, or equivalent, or higher;

(j) a member of the Belarussian security and intelligence services of the rank of Lieutenant-Colonel, or equivalent, or higher; or

(k) a director or manager, or equivalent position or higher, of a Government of Belarus-affiliated entity.

(3C) In paragraph (2)(d), being “associated with” a person includes—

(a) obtaining a financial benefit or other material benefit from that person;

(b) being an immediate family member of that person.”;

(c) in paragraph (4), after the definition of “Government of Belarus-affiliated entity”, insert—

““immediate family member” means—

(a)

a wife or husband;

(b)

a civil partner;

(c)

a parent or step-parent;

(d)

a child or step-child;

(e)

a sibling or step-sibling;

(f)

a niece or nephew;

(g)

an aunt or uncle;

(h)

a grandparent;

(i)

a grandchild;”.