PART 5U.K.Trade

CHAPTER 2U.K.[F1Exports to Belarus and related activities]

Textual Amendments

Export of [F2goods to, or for use in, Belarus] U.K.

[F321.—(1) The export of the following goods to or for use in Belarus is prohibited—

[F4(a)critical-industry goods;

(b)dual-use goods;

(c)interception and monitoring goods;

(d)internal repression goods;

(e)luxury goods;

(f)military goods;

(g)oil refining goods;

(h)quantum computing and advanced materials goods;

(i)tobacco industry goods.]

(2) Paragraph (1) is subject to Part 6 (Exceptions and licences).]

Textual Amendments

Commencement Information

I1Reg. 21 not in force at made date, see reg. 1(2)

I2Reg. 21 in force at 31.12.2020 by S.I. 2019/627, reg. 12(2); 2020 c. 1, Sch. 5 para. 1(1)

Supply and delivery of [F5goods from a third country to Belarus] U.K.

[F622.—(1) A person must not directly or indirectly supply or deliver the following goods from a third country to a place in Belarus—

[F7(a)critical-industry goods;

(b)dual-use goods;

(c)interception and monitoring goods;

(d)internal repression goods;

(e)luxury goods;

(f)military goods;

(g)oil refining goods;

(h)quantum computing and advanced materials goods;

(i)tobacco industry goods.]

(2) Paragraph (1) is subject to Part 6 (Exceptions and licences).

(3) A person who contravenes the prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with that offence to show that the person did not know and had no reasonable cause to suspect that the goods were destined (or ultimately destined) for Belarus.

(4) In this regulation, “third country” means a country that is not the United Kingdom, the Isle of Man or Belarus.]

Textual Amendments

Commencement Information

I3Reg. 22 not in force at made date, see reg. 1(2)

I4Reg. 22 in force at 31.12.2020 by S.I. 2019/627, reg. 12(2); 2020 c. 1, Sch. 5 para. 1(1)

[F8Making available goods and technology to a person connected with, or for use in, Belarus] U.K.

[F923.—(1) A person must not—

(a)directly or indirectly make goods or technology to which this paragraph applies available to a person connected with Belarus;

(b)directly or indirectly make goods or technology to which this paragraph applies available for use in Belarus.

(1A) Paragraph (1) applies to—

[F10(a)critical-industry goods and critical-industry technology;

(b)dual-use goods and dual-use technology;

(c)interception and monitoring goods and interception and monitoring technology;

(d)internal repression goods and internal repression technology;

(e)luxury goods;

(f)military goods and military technology;

(g)oil refining goods and oil refining technology;

(h)quantum computing and advanced materials goods and quantum computing and advanced materials technology;

(i)tobacco industry goods.]

(2) Paragraph (1) is subject to Part 6 (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 the 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 Belarus;

(b)it is a defence for a person charged with the offence of contravening paragraph (1)(b) to show that the person did not know and had no reasonable cause to suspect that the goods or technology were for use in Belarus.]

Textual Amendments

Commencement Information

I5Reg. 23 not in force at made date, see reg. 1(2)

I6Reg. 23 in force at 31.12.2020 by S.I. 2019/627, reg. 12(2); 2020 c. 1, Sch. 5 para. 1(1)

Transfer of [F11technology to a place in, or person connected with, Belarus] U.K.

24.—(1) A person must not—

(a)transfer [F12technology to which this paragraph applies] to a place in Belarus;

(b)transfer [F13technology to which this paragraph applies] to a person connected with [F14Belarus.]

[F15(1A) Paragraph (1) applies to—

(a)critical-industry technology;

(b)dual-use technology;

(c)interception and monitoring technology;

(d)internal repression technology;

(e)military technology;

(f)oil refining technology;

(g)quantum computing and advanced materials technology.]

(2) Paragraph (1) is subject to Part 6 (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 the offence of contravening paragraph (1)(a) to show that the person did not know and had no reasonable cause to suspect that the transfer was to a place in Belarus;

(b)it is a defence for a person charged with the offence of contravening paragraph (1)(b) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Belarus.

Textual Amendments

Commencement Information

I7Reg. 24 not in force at made date, see reg. 1(2)

I8Reg. 24 in force at 31.12.2020 by S.I. 2019/627, reg. 12(2); 2020 c. 1, Sch. 5 para. 1(1)

[F16Provision of interception and monitoring servicesU.K.

24A.—(1) A person must not directly or indirectly provide interception and monitoring services to, or for the benefit of, the Government of Belarus.

(2) Paragraph (1) is subject to Part 6 (Exceptions and licences).

(3) A person who contravenes the prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with that offence (“P”) to show that P did not know and had no reasonable cause to suspect that the services were provided to or for the benefit of the Government of Belarus.]

Textual Amendments

Technical assistance relating to [F17certain goods and technology] U.K.

25.—(1) A person must not directly or indirectly provide technical assistance relating to [F18goods or technology to which this paragraph applies] —

(a)to a person connected with Belarus, or

(b)for use in Belarus.

[F19(1A) Paragraph (1) applies to—

(a)critical-industry goods and critical-industry technology;

(b)dual-use goods and dual-use technology;

(c)interception and monitoring goods and interception and monitoring technology;

(d)internal repression goods and internal repression technology;

(e)military goods and military technology;

(f)oil refining goods and oil refining technology;

(g)quantum computing and advanced materials goods and quantum computing and advanced materials technology.]

(2) Paragraph (1) is subject to Part 6 (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 the 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 Belarus;

(b)it is a defence for a person charged with the offence of contravening paragraph (1)(b) to show that the person did not know and had no reasonable cause to suspect that the goods or technology were for use in Belarus.

Textual Amendments

Commencement Information

I9Reg. 25 not in force at made date, see reg. 1(2)

I10Reg. 25 in force at 31.12.2020 by S.I. 2019/627, reg. 12(2); 2020 c. 1, Sch. 5 para. 1(1)

Financial services and funds relating to [F20certain arrangements] U.K.

26.—(1) A person must not directly or indirectly provide, to a person connected with Belarus, financial services in pursuance of or in connection with an arrangement whose object or effect is—

(a)the export of [F21relevant] goods,

(b)the direct or indirect supply or delivery of [F21relevant] goods,

(c)directly or indirectly making [F21relevant] goods or [F21relevant] technology available to a person,

(d)the transfer of [F21relevant] technology, or

(e)the direct or indirect provision of technical assistance relating to [F21relevant] goods or [F21relevant] technology.

(2) A person must not directly or indirectly make funds available to a person connected with Belarus in pursuance of or in connection with an arrangement mentioned in paragraph (1).

(3) 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 [F22relevant] goods to, or for use in, Belarus,

(b)the direct or indirect supply or delivery of [F22relevant] goods to a place in Belarus,

(c)directly or indirectly making [F22relevant] goods or [F22relevant] technology available—

(i)to a person connected with Belarus, or

(ii)for use in Belarus,

(d)the transfer of [F22relevant] technology—

(i)to a person connected with Belarus, or

(ii)for use in Belarus, or

(e)the direct or indirect provision of technical assistance relating to [F22relevant] goods or [F22relevant] technology—

(i)to a person connected with Belarus,

(ii)for use in Belarus.

(4) Paragraphs (1) to (3) are subject to Part 6 (Exceptions and licences).

(5) A person who contravenes a prohibition in any of paragraphs (1) to (3) commits an offence, but—

(a)it is a defence for a person charged with an offence of contravening paragraph (1) or (2) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Belarus;

(b)it is a defence for a person charged with an offence of contravening a prohibition in paragraph (3) 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.

[F23(6) In this regulation—

“relevant goods” means—

(a)

critical-industry goods,

(b)

dual-use goods,

(c)

interception and monitoring goods,

(d)

internal repression goods,

(e)

military goods,

(f)

oil refining goods,

(g)

quantum computing and advanced materials goods;

“relevant technology” means—

(a)

critical-industry technology,

(b)

dual-use technology,

(c)

interception and monitoring technology,

(d)

internal repression technology,

(e)

military technology,

(f)

oil refining technology,

(g)

quantum computing and advanced materials technology.]

Textual Amendments

Commencement Information

I11Reg. 26 not in force at made date, see reg. 1(2)

I12Reg. 26 in force at 31.12.2020 by S.I. 2019/627, reg. 12(2); 2020 c. 1, Sch. 5 para. 1(1)

Brokering services: [F24certain arrangements relating to non-UK activities] U.K.

27.—(1) A person must not directly or indirectly provide brokering services in relation to an arrangement (“arrangement A”) whose object or effect is—

(a)the direct or indirect supply or delivery of [F25relevant] goods from a third country to a place in Belarus,

(b)directly or indirectly making [F25relevant] goods available in a third country for direct or indirect supply or delivery—

(i)to a person connected with Belarus, or

(ii)to a place in Belarus,

(c)directly or indirectly making [F25relevant] technology available in a third country for transfer—

(i)to a person connected with Belarus, or

(ii)to a place in Belarus,

(d)the transfer of [F25relevant] technology from a place in a third country—

(i)to a person connected with Belarus, or

(ii)to a place in Belarus,

(e)the direct or indirect provision, in a non-UK country, of technical assistance relating to [F25relevant] goods or [F25relevant] technology—

(i)to a person connected with Belarus, or

(ii)for use in Belarus,

(f)the direct or indirect provision, in a non-UK country, of financial services—

(i)to a person connected with Belarus, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 26(1), or

(ii)where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 26(3),

(g)directly or indirectly making funds available, in a non-UK country, to a person connected with Belarus where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 26(1), or

(h)the direct or indirect provision of funds from a non-UK country, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 26(3).

(2) Paragraph (1) is subject to Part 6 (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 that offence to show that the person did not know and had no reasonable cause to suspect that the brokering services were provided in relation to an arrangement mentioned in that paragraph.

(4) In this regulation—

“non-UK country” means a country that is not the United Kingdom;

[F26“relevant goods” and “relevant technology” have the meanings given in regulation 26;]

“third country” means—

(a)

for the purposes of paragraph (1)(a) and (b), a country that is not the United Kingdom, the Isle of Man or Belarus, and

(b)

for the purposes of any other provision of paragraph (1), a country that is not the United Kingdom or Belarus.

Textual Amendments

Commencement Information

I13Reg. 27 not in force at made date, see reg. 1(2)

I14Reg. 27 in force at 31.12.2020 by S.I. 2019/627, reg. 12(2); 2020 c. 1, Sch. 5 para. 1(1)