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31D.—(1) The prohibitions to which this paragraph applies are not contravened by a relevant activity in relation to any critical-industry goods, critical-industry technology, [F2machinery-related goods, machinery-related technology,] quantum computing and advanced materials goods or quantum computing and advanced materials technology which are—
(a)the personal effects of a person travelling to Belarus,
(b)of a non-commercial nature for the personal use of a person travelling to Belarus and contained in that person’s luggage, or
(c)necessary for the official purposes of a diplomatic mission or consular post in Belarus, or of an international organisation enjoying immunities in accordance with international law.
(2) Paragraph (1) applies to the prohibitions in Chapter 2 of Part 5 (exports to Belarus and related activities), other than the prohibition in regulation 24A (provision of interception and monitoring services).
(3) The prohibitions in regulations 21 to 23 (export of goods, supply and delivery of goods, and making available goods and technology) are not contravened by a relevant activity in relation to any luxury goods which are—
(a)necessary for the official purposes of a diplomatic mission or consular post in Belarus, or of an international organisation enjoying immunities in accordance with international law, or
(b)the personal effects of their staff.
[F3(3A) The prohibitions in regulations 21 to 23 (export of goods, supply and delivery of goods, and making available goods and technology) are not contravened by a relevant activity where—
(a)the luxury goods are gold jewellery;
(b)the relevant activity is the export of those goods to Belarus by a person who is travelling to Belarus (“P”);
(c)the jewellery is—
(i)of a non-commercial nature;
(ii)for the personal use of P or of any immediate family member of P who is travelling with P (“I”); and
(iii)contained in P or I’s luggage;
(d)the gold jewellery is owned by any of the persons referred to in sub-paragraph (c)(ii); and
(e)the jewellery is not intended for sale.
(3B) The prohibitions in Chapter 2B of Part 5 (imports from Belarus and related activities) are not contravened by a relevant activity in relation to any gold, gold jewellery and relevant processed gold which is necessary for the official purposes of a diplomatic mission or consular post in Belarus, or an international organisation enjoying immunities in accordance with international law.
(3C) The prohibitions in Chapter 2B of Part 5 are not contravened by a relevant activity where—
(a)the relevant activity is the import or acquisition of gold jewellery by a person who is travelling to the United Kingdom (“P”);
(b)the gold jewellery is—
(i)of a non-commercial nature;
(ii)for the personal use of P or of any immediate family member of P who is travelling with P (“I”); and
(iii)contained in P or I’s luggage;
(c)the gold jewellery is owned by any of the persons referred to in sub-paragraph (b)(ii); and
(d)the gold jewellery is not intended for sale.]
(4) In this regulation—
[F4(a)“critical-industry goods”, “critical-industry technology”, “gold”, “gold jewellery”, “luxury goods”, “machinery-related goods”, “machinery-related technology”, “quantum computing and advanced materials goods”, “quantum computing and advanced materials technology” and “relevant processed gold” have the meanings given in regulation 20(3) (interpretation of Part 5);]
[F5(aa)“immediate family member” has the meaning given in regulation 6(4);]
(b)“relevant activity” means any activity which would, in the absence of this regulation, contravene the prohibitions mentioned in paragraphs (2) or (3).]
Textual Amendments
F1Regs. 31D-31I inserted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 34
F2Words in reg. 31D(1) inserted (9.6.2023) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/616), regs. 1(2), 11(a)
F3Reg. 31D(3A)-(3C) inserted (9.6.2023) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/616), regs. 1(2), 11(b)
F4Reg. 31D(4)(a) substituted (9.6.2023) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/616), regs. 1(2), 11(2)
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