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

Other trade prohibitions

20.  In Chapter 2C of Part 5 (Aircraft)—

(a) in the chapter heading, for “Aircraft” substitute “Other trade prohibitions”;

(b) in the heading to regulation 27N (technical assistance relating to aircraft), after “aircraft” insert “and ships”;

(c) in regulation 27N—

(i) in paragraph (1), for “any person” to the end, substitute “any designated person, where the assistance relates to an aircraft or a ship.”;

(ii) in paragraph (2), for the words “regulation 25” to the end, substitute “regulation 25 (technical assistance relating to certain goods and technology).”;

(iii) in paragraph (4), for “person designated under regulation 5(1)(c)”, substitute “designated person”;

(iv) for paragraph (5), substitute—

“(5) In this regulation—

“aircraft” includes unmanned aircraft and aircraft capable of spaceflight activities;

“designated person” means a person designated under regulation 5 (power to designate persons) for the purposes of this regulation;

“ship” includes every description of vessel (including a hovercraft) used in navigation;

“spaceflight activities” has the meaning given in section 1(6) of the Space Industry Act 2018(1).”;

(d) after regulation 27N, insert—

“Enabling or facilitating military activities

27O.— (1) A person must not directly or indirectly provide—

(a) technical assistance,

(b) armed personnel,

(c) financial services or funds, or

(d) brokering services in relation to an arrangement whose object or effect is to provide, in a non-UK country, anything mentioned in sub-paragraphs (a) to (c),

where such provision enables or facilitates the conduct of military activities carried on or proposed to be carried on by the Belarusian military or any other military end-user who is a person connected with Belarus.

(2) Paragraph (1) is subject to Part 6 (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 provision as mentioned in paragraph (1) would enable or facilitate the conduct of military activities carried on or proposed to be carried on by the Belarusian military or any other military end-user who is a person connected with Belarus.

(4) In this regulation—

“non-UK country” means a country that is not the United Kingdom;

“technical assistance” means the provision of technical support or any other technical service.

(5) Nothing in this regulation is to be taken to limit the meaning of any of the prohibitions contained in this Part.”.

(1)

2018 c. 5.