The Russia (Sanctions) (EU Exit) (Amendment) (No. 4) Regulations 2023

Amendment of regulation 85 (trade enforcement: application of CEMA)

19.—(1) Regulation 85 is amended as follows.

(2) In paragraph (3B)—

(a) after “the following provisions—” insert—

“(za) regulation 24(3) insofar as it relates to the prohibition at regulation 24(1)(c);

(zb) regulation 29A(3);”;

(b) omit sub-paragraphs (a) and (b);

(c) after sub-paragraph (d) insert—

“(da) regulation 46A(4);”;

(d) after sub-paragraph (e) insert—

“(ea) regulation 46BA(3) (technical assistance relating to luxury goods) insofar as the technical assistance provided relates to the supply or delivery of luxury goods from a third country to a place in Russia;

(eb) regulation 46BB(3) (financial services and funds relating to luxury goods) insofar as it relates to the prohibition at—

(i) regulation 46BB(1)(b) and insofar as the financial services or funds provided relate to the supply or delivery of luxury goods from a third country to a place in Russia;

(ii) regulation 46BB(1)(c) and insofar as the financial services or funds provided relate to the supply or delivery of luxury goods from a third country to a place in Russia;

(iii) regulation 46BB(1)(d) and insofar as the financial services or funds provided relate to the provision of technical assistance for the supply or delivery of luxury goods from a third country to a place in Russia;

(ec) regulation 46BC(4) (brokering services relating to luxury goods) insofar as it relates to the prohibition at—

(i) regulation 46BC(2)(b) and insofar as the brokering services provided relate to the supply or delivery of luxury goods from a third country to a place in Russia;

(ii) regulation 46BC(2)(c) and insofar as the brokering services provided relate to the supply or delivery of luxury goods from a third country to a place in Russia;

(iii) regulation 46BC(2)(d) and insofar as the brokering services provided relate to the provision of technical assistance for the supply or delivery of luxury goods from a third country to a place in Russia;”;

(e) after sub-paragraph (h) insert—

“(ha) regulation 46II(3);”;

(f) after sub-paragraph (j) insert—

“(ja) regulation 46XD(3);

(jb) regulation 46XE(3) insofar as it relates to the prohibition at 46XE(1)(c);

(jc) regulation 46XF(3) insofar as it relates to the prohibition at 46XF(1)(c);”.

(3) After paragraph (3B) insert—

“(3BA) In paragraph (3B)(ea) to (ec), “third country” means a country that is not the United Kingdom, the Isle of Man or Russia.

(3BB) Paragraph (3A) also applies to the suspected commission of a relevant offence under regulation 55(2), insofar as the activity to which the suspected offence relates is the circumvention of, or enabling or facilitation of a contravention of, a prohibition in relation to an offence specified in paragraph (3B).”.

(4) In paragraph (3C)—

(a) for “Regulations 85(3A)” substitute “Paragraph (3A)”;

(b) after “68(1),” insert “68(2),”.