The Russia (Sanctions) (EU Exit) (Amendment) (No. 11) Regulations 2022

Exceptions

10.—(1) Part 7 is amended as follows.

(2) In each of regulation 60ZA(3) to (5), after “A prohibition in” insert “Chapter 2 of Part 5 in so far as it is applied to non-government controlled Ukrainian territory by regulation 53A or Chapter 2A of Part 5 (goods and technology relating to non-government controlled Ukrainian territory),”.

(3) After regulation 60D insert—

“Trade: exceptions in relation to maritime goods and maritime technology

60E.— (1) The prohibitions in Chapter 2 of Part 5—

(a) in so far as they relate to maritime goods, do not apply to the sale, supply, making available or export of such goods, or to the related provision of technical and financial services, funds and brokering necessary for a purpose specified in paragraph (2);

(b) in so far as they relate to maritime technology, do not apply to the sale, supply, making available, transfer or export of such technology, or to the related provision of technical and financial assistance, necessary for a purpose specified in paragraph (2).

(2) The purposes are—

(a) non-military use by a non-military end-user;

(b) humanitarian assistance activity;

(c) addressing a health emergency;

(d) the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety or on the environment; or

(e) providing a response to a natural disaster.

(3) For the purposes of this regulation—

“humanitarian assistance activity” is to be construed in accordance with paragraph A1 of Schedule 5;

“maritime goods” and “maritime technology” respectively have the meanings given in regulation 21 (interpretation of Part 5).

Trade: exceptions in relation to banknotes

60F.— (1) Subject to paragraph (2), the prohibitions in Chapter 4E of Part 5 do not apply to the making available, supply, export or delivery of banknotes where the making available, supply, export or delivery is necessary for the personal use of natural persons travelling to Russia or members of their immediate families travelling with them.

(2) The exception in paragraph (1) applies only to banknotes up to the value of £10,000 or its equivalent in any official currency of the European Union.

(3) The prohibitions in Chapter 4E of Part 5 do not apply to the making available, supply, export or delivery of banknotes where the making available, supply, export or delivery is necessary for the official purposes of diplomatic missions, consular posts or international organisations in Russia enjoying immunities in accordance with international law.

(4) The prohibitions in Chapter 4E of Part 5 do not apply to anything done by a person who did not know and had no reasonable cause to suspect that the banknotes were ultimately—

(a) to be exported, supplied, delivered or made available to a person connected with Russia; or

(b) for use in Russia.

(5) For the purposes of this regulation, “diplomatic mission” and “consular post” are to be construed in accordance with paragraph A1 of Schedule 5.

Trade: exception in relation to certain revenue generating goods consigned from Russia

60G.— (1) The prohibitions in Chapter 4G of Part 5 do not apply to, or in relation to, revenue generating goods which are—

(a) consigned from Russia before 23rd June 2022; and

(b) imported into the United Kingdom before 10th July 2022.

(2) For the purposes of paragraph (1)(a), goods are deemed to have been consigned from Russia at the time when—

(a) they have completed the applicable export formalities, and

(b) where the goods were transported by—

(i) land, they have left Russia;

(ii) sea, the ship on which they were transported has departed a port in Russia for a destination outside Russia;

(iii) air, the aircraft on which they were transported has departed an airport in Russia for a destination outside Russia.”.

(4) In regulation 62(1), after “A prohibition in” insert “Chapter 2 of Part 5 in so far as it is applied to non-government controlled Ukrainian territory by regulation 53A or Chapter 2A of Part 5 (goods and technology relating to non-government controlled Ukrainian territory),”.