43.—(1) Section 77A of CEMA M1 applies in relation to a person carrying on a relevant activity as it applies in relation to a person concerned in the importation or exportation of goods but as if—
(a)in subsection (1), the reference to a person concerned in the importation or exportation of goods for which for that purpose F1... under CEMA were to a person carrying on a relevant activity;
(b)any other reference to importation or exportation were to a relevant activity;
(c)any reference to goods were to the goods, technology, services or funds to which the relevant activity relates.
(2) For the purposes of paragraph (1), a “relevant activity” means an activity which would, unless done under the authority of a trade licence , constitute a contravention of—
[F2(a)any prohibition in Chapters 2, F3... 2B [F4, 2C or 2D] of Part 5 (Trade) except the prohibitions in [F5regulation 21 (export of goods to, or for use in, Belarus) or 27I (import of goods originating from, or consigned from, Belarus), or]]
(b)the prohibition in regulation 28 (circumventing etc prohibitions).
Textual Amendments
F1Words in reg. 43(1)(a) omitted (14.10.2021 at noon) by virtue of The Republic of Belarus (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/1146), regs. 1(2), 28(a)
F2Reg. 43(2)(a) substituted (14.10.2021 at noon) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/1146), regs. 1(2), 28(b)
F3Word in reg. 43(2)(a) omitted (5.7.2022) by virtue of The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 39(b)(i)
F4Words in reg. 43(2)(a) substituted (9.6.2023) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/616), regs. 1(2), 15
F5Words in reg. 43(2)(a) substituted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 39(b)(ii)
Commencement Information
I1Reg. 43 not in force at made date, see reg. 1(2)
I2Reg. 43 in force at 31.12.2020 by S.I. 2019/627, reg. 12(2); 2020 c. 1, Sch. 5 para. 1(1)
Marginal Citations
M1Section 77A was inserted by the Finance Act 1987 (c.16), section 10 and amended by S.I. 1992/3095.