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The Russia (Sanctions) (EU Exit) (Amendment) (No. 4) Regulations 2023
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- 2023 No. 1364
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Insertion of regulations 46BA, 46BB and 46BC (luxury goods)
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5. In Chapter 4B, after regulation 46B insert—
“Technical assistance relating to luxury goods
46BA.—(1) A person must not directly or indirectly provide technical assistance relating to luxury goods—
(a)to a person connected with Russia, or
(b)for use in Russia.
(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).
(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but—
(a)it is a defence for a person charged with an offence of contravening paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Russia;
(b)it is a defence for a person charged with an offence of contravening paragraph (1)(b) to show that the person did not know and had no reasonable cause to suspect that the luxury goods were for use in Russia.
Financial services and funds relating to luxury goods
46BB.—(1) A person must not directly or indirectly provide financial services or funds in pursuance of or in connection with an arrangement whose object or effect is—
(a)the export of luxury goods to, or for use in, Russia;
(b)the direct or indirect supply or delivery of luxury goods to a place in Russia;
(c)directly or indirectly making luxury goods available—
(i)to a person connected with Russia, or
(ii)for use in Russia; or
(d)the direct or indirect provision of technical assistance relating to luxury goods—
(i)to a person connected with Russia, or
(ii)for use in Russia.
(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).
(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening that paragraph to show that the person did not know and had no reasonable cause to suspect that the financial services or funds (as the case may be) were provided in pursuance of or in connection with an arrangement mentioned in that paragraph.
Brokering services relating to luxury goods
46BC.—(1) A person must not directly or indirectly provide brokering services relating to luxury goods—
(a)to a person connected with Russia; or
(b)for use in Russia.
(2) A person must not directly or indirectly provide brokering services in pursuance of or in connection with an arrangement whose object or effect is—
(a)the export of luxury goods to, or for use in, Russia;
(b)the direct or indirect supply or delivery of luxury goods to a place in Russia;
(c)directly or indirectly making luxury goods available—
(i)to a person connected with Russia, or
(ii)for use in Russia; or
(d)the direct or indirect provision of technical assistance relating to luxury goods—
(i)to a person connected with Russia, or
(ii)for use in Russia.
(3) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences).
(4) A person who contravenes a prohibition in any of paragraph (1) or (2) commits an offence, but—
(a)it is a defence for a person charged with an offence of contravening paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the brokering services were provided to person who was connected with Russia;
(b)it is a defence for a person charged with an offence of contravening paragraph (1)(b) (“P”) to show that P did not know and had no reasonable cause to suspect that the brokering services were provided in relation to goods which were for use in Russia;
(c)it is a defence for a person charged with the offence of contravening paragraph (2) to show that the person did not know and had no reasonable cause to suspect that the brokering services were provided in pursuance of or in connection with an arrangement mentioned in that paragraph.”.
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