The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2023

Amendments to regulation 20 (interpretation of other expressions used in this Part)

7.  In regulation 20—

(a) in paragraph (3)—

(i) in the definition of “transfer”, after “Schedule 1 to the Act” for “.” substitute “;”;

(ii) insert the following definitions in the appropriate places—

““banknotes” means—

(a)

sterling denominated banknotes issued by the Bank of England and banks in Scotland and Northern Ireland, and

(b)

banknotes denominated in any official currency of the European Union;”;

““cement” has the meaning given to it in paragraph 2 of Schedule 2J;”;

““chemical and biological weapons-related goods” means—

(a)

any thing specified in Part 2 of Schedule 2H, other than chemical and biological weapons-related technology (but see paragraph (4)), and

(b)

any tangible storage medium on which chemical and biological weapons-related technology is recorded or from which it can be derived;”;

““chemical and biological weapons-related technology” means any thing specified as technology or software in Part 2 of Schedule 2H, other than technology which is—

(a)

the minimum necessary for—

(i)

the installation, operation, maintenance and repair of any goods which are not subject to a prohibition under this Part, or

(ii)

patent applications,

(b)

in the public domain,

(c)

a medical device, or

(d)

used for basic scientific research;”;

““gold” has the meaning given to it in paragraph 3 of Schedule 2J;”;

““gold jewellery” has the meaning given to it in paragraph 4 of Schedule 2J;”;

““machinery-related goods” means any thing falling within Part 2 of Schedule 2I, other than—

(a)

any thing which is machinery-related technology, or

(b)

any thing for the time being specified in—

(i)

Schedule 2 or 3 to the Export Control Order 2008(1),

(ii)

Annex I of the Dual-Use Regulation(2), or

(iii)

Schedule 2C (critical-industry goods and critical-industry technology);”;

““machinery-related technology” means any thing described in Part 2 of Schedule 2I as software or technology, other than any thing for the time being specified in—

(a)

Schedule 3 to the Export Control Order 2008,

(b)

Annex I of the Dual-Use Regulation, or

(c)

Schedule 2C;”;

““relevant processed gold” means gold which—

(a)

has been processed in a third country, and

(b)

incorporates gold that, on or after 21st July 2022—

(i)

originated in Belarus, and

(ii)

has been exported from Belarus;”;

““rubber” has the meaning given to it in paragraph 5 of Schedule 2J;”;

““wood” has the meaning given to it in paragraph 6 of Schedule 2J.”;

(b) after regulation 20(3), insert—

“(3A) The definition of “chemical and biological weapons-related goods” does not apply to anything specified in Schedule 2H—

(a) which is—

(i) a pharmaceutical formulation designed for human administration in the treatment of a medical condition, and

(ii) pre-packaged for distribution as a medicinal product, or

(b) which is a medical device.”.

(1)

S.I. 2008/3231. Schedule 2 was substituted by S.I. 2017/85 and Schedule 3 was substituted by S.I. 2010/2007. Subsequent amendments to those Schedules were made by S.I. 2012/1910; S.I. 2014/1069; S.I. 2015/940; S.I. 2017/85; S.I 2017/697; S.I. 2018/165; S.I. 2018/939; S.I. 2019/137; S.I. 2019/989; S.I. 2019/1159; S.I. 2020/1502; S.I. 2021/586; S.I. 2022/1042 and S.I. 2023/302. There are other instruments which amend other parts of the Order, which are not relevant to these Regulations.

(2)

See regulation 2 of the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019 for the definition of “the Dual-Use Regulation”.