The Sanctions (EU Exit) (Miscellaneous Amendments and Revocations) Regulations 2024

Amendment of the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019

4.—(1) The Republic of Belarus (Sanctions) (EU Exit) Regulations 2019(1) are amended as follows.

(2) In regulation 2 (interpretation), in the appropriate place insert—

““director disqualification licence” means a licence under regulation 32A;”.

(3) In regulation 5(1) (power to designate persons)—

(a) omit “and” following sub-paragraph (a);

(b) after sub-paragraph (a) insert—

“(aa) regulation 16A (Director disqualification sanctions);”.

(4) After regulation 16 (circumventing etc prohibitions), insert—

“PART 3A Director disqualification sanctions

Director disqualification sanctions

16A.   A person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation is subject to director disqualification sanctions for the purposes of—

(a) section 11A of the Company Directors Disqualification Act 1986, and

(b) Article 15A of the Company Directors Disqualification (Northern Ireland) Order 2002.”.

(5) In regulation 20(3) (interpretation of other expressions used in this Part), before the entry for “banknotes” insert—

““aluminium” has the meaning given to it in Schedule 2B;”.

(6) In regulation 27I (import of goods originating in, or consigned from, Belarus)—

(a) in paragraph (3), before sub-paragraph (a) insert—

“(za) aluminium;”;

(b) in paragraph (5), for “and regulation 27J” substitute “, regulation 27J and regulation 27K”.

(7) In regulation 27J(2) (acquisition of goods connected to Belarus) before sub-paragraph (a) insert—

“(za) aluminium.”.

(8) In regulation 27K(3) (supply and delivery of goods to places outside the UK), before sub-paragraph (a) insert—

“(za) aluminium;”.

(9) In regulation 27L(1) (technical assistance relating to certain activities)—

(a) in sub-paragraph (a), for “or wood” substitute “, wood or aluminium”;

(b) in sub-paragraph (b), for “or wood” substitute “, wood or aluminium”;

(c) in sub-paragraph (c), for “or wood” substitute “, wood or aluminium”;

(d) for sub-paragraph (d) substitute—

“(d) the direct or indirect supply or delivery of cement, gold and gold jewellery which has been exported from Belarus on or after the relevant day, mineral products, potash, relevant processed gold, rubber, wood or aluminium from a place in a non-UK country to a place in a different non-UK country where the cement, gold and gold jewellery which has been exported from Belarus on or after the relevant day, mineral products, potash, relevant processed gold, rubber, wood or aluminium, originate in Belarus”.

(10) In regulation 27M(1) (financial services, funds and brokering services relating to certain activities)—

(a) in sub-paragraph (a), for “or wood” substitute “, wood or aluminium”;

(b) in sub-paragraph (b), for “or wood” substitute “, wood or aluminium”;

(c) in sub-paragraph (c), for “or wood” substitute “, wood or aluminium”;

(d) for sub-paragraph (d) substitute—

“(d) the direct or indirect supply or delivery of cement, gold and gold jewellery which has been exported from Belarus on or after the relevant day, mineral products, potash, relevant processed gold, rubber, wood or aluminium from a place in a non-UK country to a place in a different non-UK country where the cement, gold and gold jewellery which has been exported from Belarus on or after the relevant day, mineral products, potash, relevant processed gold, rubber, wood or aluminium originate in Belarus”.

(11) In regulation 31D (trade: exceptions relating to travellers, diplomatic missions and international organisations), in paragraph (4), after sub-paragraph (a) insert—

“(aa) “immediate family member” has the meaning given in regulation 6(4);”.

(12) After regulation 32 (Treasury licences), insert—

“Director disqualification licences

32A.   The Secretary of State may issue a licence in relation to any person who is designated under regulation 5 for the purposes of regulation 16A (director disqualification sanctions) providing that the prohibitions in—

(a) section 11A(1) of the Company Directors Disqualification Act 1986, and

(b) Article 15A(1) of the Company Directors Disqualification (Northern Ireland) Order 2002,

do not apply to anything done under the authority of that licence.”.

(13) In regulation 34(1) (licences: general provisions), after “Treasury licences,” insert “director disqualification licences,”.

(14) After regulation 35 (finance: licensing offences), insert—

“Director disqualification: licensing offences

35A.— (1) A person (“P”) commits an offence if P knowingly or recklessly—

(a) provides information that is false in a material respect, or

(b) provides or produces a document that is not what it purports to be,

for the purpose of obtaining a director disqualification licence (whether for P or anyone else).

(2) A person who purports to act under the authority of a director disqualification licence but who fails to comply with any condition of the licence commits an offence.

(3) A licence in respect of which an offence under paragraph (1) has been committed is to be treated as void from the time at which it was issued.”.

(15) After regulation 38 (finance: reporting obligations), insert—

“Designated persons: reporting obligations

38A.— (1) A designated person who is a United Kingdom person(2) must, by the end of the period specified in paragraph (3) or (4) (as the case may be), inform the Treasury of —

(a) the nature and value of any funds or economic resources which that person owns, holds or controls in any jurisdiction, and

(b) the location of those funds or economic resources.

(2) A designated person who is not a United Kingdom person must, by the end of the period specified in paragraph (3) or (4) (as the case may be), inform the Treasury of —

(a) the nature and value of any funds or economic resources which that person owns, holds or controls in the United Kingdom, and

(b) the location of those funds or economic resources.

(3) Where a person is a designated person immediately before the day on which this regulation comes into force (“the relevant day”), the designated person must give the information in paragraph (1) or (2) (as the case may be) to the Treasury by the end of the period of 10 weeks starting on the relevant day.

(4) Where a person is not a designated person immediately before the relevant day but becomes a designated person on or after that day, the designated person must give the information in paragraph (1) or (2) (as the case may be) to the Treasury by the end of the period of 10 weeks starting on the day on which the person becomes a designated person.

(5) Where a designated person has provided information to the Treasury under paragraph (1) or (2), that person must inform the Treasury as soon as practicable of any change to the nature, value or location of the funds or economic resources.

(6) A person who—

(a) without reasonable excuse, refuses or fails to comply with the requirement in paragraph (1), (2) or (5) (as the case may be), or

(b) knowingly or recklessly, gives information under paragraph (1), (2) or (5) (as the case may be) which is false in a material particular,

commits an offence.

(7) In this regulation, “designated person” has the meaning given in regulation 10 (meaning of “designated person” in Part 3)(3).”.

(16) In regulation 46(1)(b)(i) (disclosure of information), after “Part 3 (Finance),” insert “Part 3A (Director disqualification sanctions),”.

(17) In regulation 48 (penalties for offences)—

(a) in paragraph (3), in the opening words, after “9(6) (confidentiality),” insert “35A (director disqualification: licensing offences),”;

(b) in paragraph (4), in the opening words, after “38(6),” insert “38A(6) (designated persons: reporting obligations),”.

(18) In regulation 53 (trade enforcement: application of CEMA)—

(a) in paragraph (3A), for “(a “suspected offence”)”, substitute “, (3C) or (3D)”;

(b) in paragraph (3B)—

(i) in sub-paragraph (a), at the end insert “insofar as it does not relate to chemical and biological weapons-related goods, dual-use goods, interception and monitoring goods, internal repression goods, and military goods”;

(ii) after sub-paragraph (a) insert—

“(aa) regulation 23(3) insofar as it does not relate to the import or export of goods or the transfer of technology to or from the UK, to chemical and biological weapons-related goods and chemical and biological weapons-related technology, dual-use goods and dual-use technology, interception and monitoring goods and interception and monitoring technology, internal repression goods and internal repression technology, or military goods and military technology,

(ab) regulation 24(3) insofar as it does not relate to the import or export of goods or the transfer of technology to or from the UK, to chemical and biological weapons-related goods and chemical and biological weapons-related technology, dual-use goods and dual-use technology, interception and monitoring goods and interception and monitoring technology, internal repression goods and internal repression technology, or military goods and military technology,”;

(iii) after sub-paragraph (b) insert—

“(ba) regulation 25(3) insofar as it does not relate to the import or export of goods or the transfer of technology to or from the UK, to chemical and biological weapons-related goods and chemical and biological weapons-related technology, dual-use goods and dual-use technology, interception and monitoring goods and interception and monitoring technology, internal repression goods and internal repression technology, or military goods and military technology,

(bb) regulation 26(5) insofar as it does not relate to the import or export of goods or the transfer of technology to or from the UK, to chemical and biological weapons-related goods and chemical and biological weapons-related technology, dual-use goods and dual-use technology, interception and monitoring goods and interception and monitoring technology, internal repression goods and internal repression technology, or military goods and military technology,”;

(iv) in sub-paragraph (c), at the end insert—

“insofar as the offence does not relate to the import or export of goods or transfer of technology to or from the UK, chemical and biological weapons-related goods and chemical and biological weapons-related technology, dual-use goods and dual-use technology, interception and monitoring goods and interception and monitoring technology, internal repression goods and internal repression technology, or military goods and military technology”;

(v) after sub-paragraph (c) insert—

“(ca) regulation 27J(5) insofar as the offence does not relate to the import or export of goods or arms and related materiel,”;

(vi) in sub-paragraph (d), at the end insert “insofar as the offence does not relate to arms and related materiel”;

(vii) in sub-paragraph (e), for “insofar as it applies to the prohibitions at regulation 27L(1)(c) and (d)”, substitute “insofar as the offence does not relate to the import or export of goods”;

(viii) in sub-paragraph (f), “for insofar as it applies to the prohibitions at regulation 27M(1)(c) and (d)” substitute “insofar as the offence does not relate to the import or export of goods or the transfer of technology to or from the UK”;

(ix) in sub-paragraph (g), for “insofar as it applies to any activity prohibited under regulation 27M(2) which relates to arrangements described in sub-paragraphs 27M(1)(c) and (d)”, substitute “insofar as it does not relate to the import or export of goods or the transfer of technology to or from the UK”;

(x) after sub-paragraph (g) insert—

“(ga) regulation 27N(4), insofar as the offence does not relate to the import or export of goods or the transfer of technology to or from the UK,

(gb) regulation 27O(3),”;

(c) after paragraph (3C), insert—

“(3D) Paragraph (3A) also applies to the suspected commission of a relevant offence under regulation 28(2) (circumventing etc prohibitions) insofar as the prohibited 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).”;

(d) after paragraph (6) insert—

“(7) Any term in this regulation that is defined in Chapter 1 (Interpretation) of Part 5 (Trade) bears the same meaning as in that Chapter of that Part.”.

(19) In regulation 56 (monetary penalties)(4), after “of the Act” insert “, or regulation 38A (designated persons: reporting obligations)”.

(20) After regulation 56B (OFCOM: monetary penalties: procedural rights), insert—

“Treasury: power to impose monetary penalties

56C.— (1) The Treasury may impose a monetary penalty on a person if it is satisfied, on the balance of probabilities, that the person has committed an offence under regulation 38A(6) (designated persons: reporting obligations).

(2) For the purposes of paragraph (1), any requirement for the person to have acted without reasonable excuse, or with knowledge or recklessness, is to be ignored.

(3) The amount of the penalty under paragraph (1) is to be such amount as the Treasury may determine but it may not exceed the permitted maximum.

(4) Where it is possible to estimate the value of the funds or economic resources of which the Treasury has not been informed under regulation 38A(1), (2) or (5) (as the case may be), the permitted maximum is the greater of—

(a) £1,000,000, and

(b) 50% of the value of the funds or economic resources of which the Treasury has not been informed.

(5) In any other case, the permitted maximum is £1,000,000.

(6) Any monetary penalty payable under this regulation is recoverable by the Treasury as a civil debt.

(7) Any monetary penalty received by the Treasury by virtue of this regulation must be paid into the Consolidated Fund.

(8) The Treasury may publish reports at such intervals as it considers appropriate in cases where—

(a) a monetary penalty has not been imposed under this regulation, but

(b) the Treasury is satisfied, on the balance of probabilities, that a person has committed an offence under a provision referred to in paragraph (1).

Treasury monetary penalties: procedural rights

56D.— (1) Before imposing a monetary penalty on a person under regulation 56C (Treasury: power to impose monetary penalties), the Treasury must inform the person of its intention to do so.

(2) The Treasury must also—

(a) explain the grounds for imposing the penalty,

(b) specify the amount of the penalty,

(c) explain that the person is entitled to make representations, and

(d) specify the period within which any such representations must be made.

(3) If (having considered any representations), the Treasury decides to impose the penalty, the Treasury must—

(a) inform the person of its decision,

(b) explain that the person is entitled to seek a review by a Minister of the Crown, and

(c) specify the period within which the person must inform the Treasury that the person wishes to seek such a review.

(4) If the person seeks a review, the Minister may—

(a) uphold the decision to impose the penalty and its amount,

(b) uphold the decision to impose the penalty but substitute a different amount, or

(c) cancel the decision to impose the penalty.

(5) If on a review under paragraph (4) the Minister decides to uphold the Treasury’s decision to impose the penalty and its amount, or to uphold the Treasury’s decision to impose the penalty but to substitute a different amount, the person may appeal (on any ground) to the Upper Tribunal.

(6) On an appeal under paragraph (5), the Upper Tribunal may quash the Minister’s decision and if it does so may—

(a) quash the Treasury’s decision to impose the penalty,

(b) uphold that decision but substitute a different amount for the amount determined by the Treasury (or, in a case where the Minister substituted a different amount, by the Minister).

(7) In this regulation, “Minister of the Crown” means the holder of an office in His Majesty’s Government in the United Kingdom.”.

(21) In Schedule 2B (iron and steel products, potash, mineral products, and tobacco industry goods)—

(a) in the heading, after “iron and steel products,”, insert “aluminium,”;

(b) in paragraph 2, before the entry for “potash”, insert—

““aluminium” means any thing which falls within commodity code 76;”.

(22) In Schedule 2C (critical-industry goods and critical-industry technology)—

(a) in paragraph 1 (interpretation), after sub-paragraph (2) insert—

“(2A) In this Schedule a thing “falls within” a commodity code if it is, or would be, classified under that commodity code, as set out in the Goods Classification Table.

(2B) For the purposes of this Schedule—

“commodity code” includes a code denoting a heading or sub-heading;

“the Goods Classification Table” means the table so named in Annex Ⅰ in Part Three of the Tariff of the United Kingdom;

“the Tariff of the United Kingdom” means the document containing the legal classification and import rate for products being imported into the United Kingdom, entitled “The Tariff of the United Kingdom” as revised or reissued from time to time, including by any document published under regulations made under section 8(1) of the Taxation (Cross-border Trade) Act 2018(5) replacing the same in whole or in part.”.

(b) in Part 2 (Electronics), at the end insert—

“Any thing that falls within the following commodity codes—

Commodity Code	Description
8525.89	Television cameras, digital cameras and video camera recorders
8532.21	Other fixed capacitors: Tantalum capacitors
8532.24	Other fixed capacitors: Ceramic dielectric, multilayer
8534.00	Printed circuits
8536.69	Coaxial connectors; cylindrical multicontact connectors; rack and panel connectors; printed circuit connectors; ribbon or flat cable connectors; other
8536.90	Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits: Other apparatus
8541.10	Diodes, other than photosensitive or light-emitting diodes
8541.21	Transistors, other than photosensitive, with a dissipation rate of less than 1W
8541.29	Transistors, other than photosensitive, Nesoi
8541.30	Thyristors, diacs and triacs, other than photosensitive devices
8541.49	Photosensitive semiconductor devices: Other
8541.51	Semiconductor-based transducers
8541.59	Semiconductor devices, Nesoi
8541.60	Mounted piezoelectric crystals
8542.31	Electronic integrated circuits: Processors and controllers, whether or not combined with memories, convertors, logic circuits, amplifiers, clock and timing circuits, or other circuits
8542.32	Electronic integrated circuits: Memories
8542.33	Electronic integrated circuits: Amplifiers
8542.39	Electronic integrated circuits: Other
8543.20	Signal generators
9027.50	Other instruments and apparatus using optical radiations (ultraviolet, visible, infrared)
9030.20	Oscilloscopes, spectrum analyzers and other instruments and apparatus for measuring or checking electrical quantities: Oscilloscopes and oscillographs
9030.32	Other instruments and apparatus, for measuring or checking voltage, current, resistance or power: Multimeters, with a recording device
9030.39	Other instruments and apparatus, for measuring or checking voltage, current, resistance or power: Other, with a recording device
9030.82	Oscilloscopes, spectrum analyzers and other instruments and apparatus for measuring or checking electrical quantities: For measuring or checking semiconductor wafers or devices”.

(c) in Part 6 (Navigation and avionics), at the end insert—

“Any thing falling within—

(a) a commodity code mentioned in column 1 of the following table, and

(b) the description in column 2 corresponding to that code.

Commodity Code	Description
9013.80	Other optical devices, appliances and instruments not elsewhere specified
9014.20	Instruments and appliances for aeronautical or space navigation (other than compasses)
9014.80	Other navigational instruments and appliances”;

(d) in Part 8 (Aerospace and propulsion) before entry 9A990 insert—

“Any thing falling within—

(a) chapter 88,

(b) a commodity code mentioned in column 1 of the following table, and

(c) the description in column 2 corresponding to that code.

Commodity Code	Description
2710 19 83	Hydraulic oils
2710 19 99	Other lubricating oils and other oils
ex 6813 20 00	Brake discs and pads
6813 81 00	Brake linings and pads
8411 11	Turbojets of a thrust <= 25 kn
8411 12	Turbojets of a thrust > 25 kn
8411 21	Turbopropellers of a power <= 1 100 kw
8411 22	Turbopropellers of a power > 1 100 kw
8411 91	Parts of turbojets or turbopropellers, n.e.s.
8517 71 00	Aerials and aerial reflectors of all kinds; parts suitable for use therewith
8517 79 00	Other parts
9024 10	Machines and appliances for testing the hardness, strength, compressibility, elasticity or other mechanical properties of materials: Machines and appliances for testing metals
9026	Instruments and apparatus for measuring or checking the flow, level, pressure or other variables of liquids or gases (for example, flow meters, level gauges, manometers, heat meters), excluding instruments and apparatus of heading 9014, 9015, 9028 or 9032”.

(23) In Schedule 2H (Chemical and biological weapons-related goods and chemical and biological weapons-related technology), in Part 2 (Chemical and biological weapons-related goods and chemical and biological weapons-related technology), in the table headed “Other related items”, in the entry for 1C991 (vaccines, immunotoxins, medical products, diagnostic and food testing kits)—

(a) in paragraph c.1—

(i) for “1C351.d.3”, substitute “1C351.d.1”;

(ii) for “1C351.d.6”, substitute “1C351.d.3”;

(b) in paragraph c.2—

(i) for “C351.d.3”, substitute “1C351.d.1”;

(ii) for “1C351.d.6”, substitute “1C351.d.3”;

(c) in paragraph d.1, for “1C351.d.3”, substitute “1C351.d.1”;

(d) in paragraph d.2 for “1C351.d.6”, substitute “1C351.d.3”;

(e) in paragraph d.3—

(i) for “1C351.d.3”, substitute “1C351.d.1”;

(ii) for “1C351.d.6”, substitute “1C351.d.3”.

(24) In Schedule 2I (Machinery-related goods and machinery-related technology)—

(a) in the table in paragraph 2—

(i) after the entry for commodity code “8484” insert—

“8486.10	Machines and apparatus: For the manufacture of boules or wafers
8486.20	Machines and apparatus: For the manufacture of semiconductor devices or of electronic integrated circuits
8486.40	Machines and apparatus: For the manufacture or repair of masks and reticles; for assembling semiconductors devices; for lifting, handling, loading or unloading of semiconductor devices”;

(ii) for the entry for commodity code “8548” substitute—

“8548

Electrical parts of machinery or apparatus, not specified or included elsewhere in chapter 85”.

(b) in paragraph 3, for “paragraphs 2 and 3” substitute “paragraph 2”;

(c) in paragraph 4, for “paragraphs 2 to 4” substitute “paragraphs 2 and 3”.

(1)

S.I. 2019/600, amended by S.I. 2020/590; S.I. 2020/951; S.I. 2021/1146; S.I. 2022/500S.I. 2022/748; S.I. 2022/818; S.I. 2023/149; and S.I. 2023/616.

(2)

For the meaning of “United Kingdom person”, see regulation 2(1) of S.I. 2019/600.

(3)

Regulation 10 was substituted by S.I. 2021/1146.

(4)

Regulation 56 was substituted by S.I. 2021/1146.

(5)

2018 c. 22.