PART 5Trade

CHAPTER 2F5Exports to Belarus and related activities

Annotations:
Amendments (Textual)

Export of F7goods to, or for use in, BelarusI1I8F121

1

The export of the following goods to or for use in Belarus is prohibited—

F23a

banknotes;

b

chemical and biological weapons-related goods;

c

critical-industry goods;

d

dual-use goods;

e

interception and monitoring goods;

f

internal repression goods;

g

luxury goods;

h

machinery-related goods;

i

military goods;

j

oil refining goods;

k

quantum computing and advanced materials goods;

l

tobacco industry goods.

2

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

Supply and delivery of F8goods from a third country to BelarusI2I9F222

1

A person must not directly or indirectly supply or deliver the following goods from a third country to a place in Belarus—

F24a

banknotes;

b

chemical and biological weapons-related goods;

c

critical-industry goods;

d

dual-use goods;

e

interception and monitoring goods;

f

internal repression goods;

g

luxury goods;

h

machinery-related goods;

i

military goods;

j

oil refining goods;

k

quantum computing and advanced materials goods;

l

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.

F9Making available goods and technology to a person connected with, or for use in, BelarusI3I10F323

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—

F25a

banknotes;

b

chemical and biological weapons-related goods and chemical and biological weapons-related technology;

c

critical-industry goods and critical-industry technology;

d

dual-use goods and dual-use technology;

e

interception and monitoring goods and interception and monitoring technology;

f

internal repression goods and internal repression technology;

g

luxury goods;

h

machinery-related goods and machinery-related technology;

i

military goods and military technology;

j

oil refining goods and oil refining technology;

k

quantum computing and advanced materials goods and quantum computing and advanced materials technology;

l

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.

Transfer of F10technology to a place in, or person connected with, BelarusI4I1124

1

A person must not—

a

transfer F11technology to which this paragraph applies to a place in Belarus;

b

transfer F12technology to which this paragraph applies to a person connected with F13Belarus.

F61A

Paragraph (1) applies to—

F26a

chemical and biological weapons-related technology;

b

critical-industry technology;

c

dual-use technology;

d

interception and monitoring technology;

e

internal repression technology;

f

machinery-related technology;

g

military technology;

h

oil refining technology;

i

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.

F4Provision of interception and monitoring services24A

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.

Technical assistance relating to F14certain goods and technologyI5I1225

1

A person must not directly or indirectly provide technical assistance relating to F15goods or technology to which this paragraph applies —

a

to a person connected with Belarus, or

b

for use in Belarus.

F161A

Paragraph (1) applies to—

F27a

chemical and biological weapons-related goods and chemical and biological weapons-related technology;

b

critical-industry goods and critical-industry technology;

c

dual-use goods and dual-use technology;

d

interception and monitoring goods and interception and monitoring technology;

e

internal repression goods and internal repression technology;

f

machinery-related goods and machinery-related technology;

g

military goods and military technology;

h

oil refining goods and oil refining technology;

i

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.

Financial services and funds relating to F17certain arrangementsI6I1326

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 F18relevant goods,

b

the direct or indirect supply or delivery of F18relevant goods,

c

directly or indirectly making F18relevant goods or F18relevant technology available to a person,

d

the transfer of F18relevant technology, or

e

the direct or indirect provision of technical assistance relating to F18relevant goods or F18relevant 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 F19relevant goods to, or for use in, Belarus,

b

the direct or indirect supply or delivery of F19relevant goods to a place in Belarus,

c

directly or indirectly making F19relevant goods or F19relevant technology available—

i

to a person connected with Belarus, or

ii

for use in Belarus,

d

the transfer of F19relevant 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 F19relevant goods or F19relevant 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.

F286

In this regulation—

  • “relevant goods” means—

    1. a

      chemical and biological weapons-related goods;

    2. b

      critical-industry goods;

    3. c

      dual-use goods;

    4. d

      interception and monitoring goods;

    5. e

      internal repression goods;

    6. f

      machinery-related goods;

    7. g

      military goods;

    8. h

      oil refining goods;

    9. i

      quantum computing and advanced materials goods;

  • “relevant technology” means—

    1. a

      chemical and biological weapons-related technology;

    2. b

      critical-industry technology;

    3. c

      dual-use technology;

    4. d

      interception and monitoring technology;

    5. e

      internal repression technology;

    6. f

      machinery-related technology;

    7. g

      military technology;

    8. h

      oil refining technology;

    9. i

      quantum computing and advanced materials technology.

Brokering services: F20certain arrangements relating to non-UK activitiesI7I1427

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 F21relevant goods from a third country to a place in Belarus,

b

directly or indirectly making F21relevant 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 F21relevant 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 F21relevant 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 F21relevant goods or F21relevant 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;

  • F22“relevant goods” and “relevant technology” have the meanings given in regulation 26;

  • “third country” means—

    1. 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

    2. b

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