The Syria (Sanctions) (EU Exit) Regulations 2019 No. 792

PART 5 U.K. Trade

CHAPTER 2 U.K. Trade prohibitions relating to export, supply, sale and transfer

Application of prohibitions in Chapter 2 of Part 5 U.K.

28.—(1) Except where otherwise provided, the prohibitions contained in this Chapter apply to the goods falling within paragraph (2) and the technology falling within paragraph (3).

(2) The following goods fall within this paragraph—

(a) aviation fuel and aviation fuel additives (but not for the [F1 purposes of regulations 33 (technical assistance), 34 (financial services and funds) and 35 (brokering services)]);

(b) goods relating to chemical and biological weapons;

(c) goods relating to crude oil and natural gas;

(d) interception and monitoring goods;

(e) internal repression goods.

(3) The following technology falls within this paragraph—

(a) interception and monitoring technology;

(b) internal repression technology;

(c) technology relating to chemical and biological weapons;

(d) technology relating to crude oil and natural gas.

Textual Amendments

F1 Words in reg. 28(2)(a) substituted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 9(6); S.I. 2020/1514, reg. 4

Commencement Information

I1 Reg. 28 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Export prohibition U.K.

29.—(1) The export of goods to which this paragraph applies to, or for use in, Syria is prohibited.

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

Commencement Information

I2 Reg. 29 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Supply and delivery prohibition U.K.

30.—(1) A person must not directly or indirectly supply or deliver goods to which this paragraph applies from a third country to a place in Syria.

(2) Paragraph (1) is subject to Part 7 (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 Syria.

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

Commencement Information

I3 Reg. 30 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Prohibition in connection with making goods and technology available U.K.

31.—(1) A person must not—

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

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

(2) Paragraph (1) is subject to Part 7 (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 Syria;

(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 Syria.

Commencement Information

I4 Reg. 31 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Transfer of technology prohibition U.K.

32.—(1) A person must not—

(a) transfer technology to which this paragraph applies to a place in Syria, or

(b) transfer technology to which this paragraph applies to a person connected with Syria.

(2) Paragraph (1) is subject to Part 7 (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 Syria;

(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 Syria.

Commencement Information

I5 Reg. 32 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Prohibition relating to the associated provision of technical assistance U.K.

33.—(1) A person must not directly or indirectly provide technical assistance relating to goods or technology to which this paragraph applies—

(a) to a person connected with Syria, or

(b) for use in Syria.

(2) Paragraph (1) is subject to Part 7 (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 Syria;

(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 Syria.

(4) This regulation does not apply to aviation fuel and aviation fuel additives.

Commencement Information

I6 Reg. 33 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Prohibitions relating to the associated provision of financial services and funds U.K.

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

(a) the export of goods to which this paragraph applies,

(b) the direct or indirect supply or delivery of goods to which this paragraph applies,

(c) directly or indirectly making goods or technology to which this paragraph applies available to a person,

(d) the transfer of technology to which this paragraph applies, or

(e) the direct or indirect provision of technical assistance relating to goods or technology to which this paragraph applies.

(2) A person must not directly or indirectly make funds available to a person connected with Syria 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 goods to which this paragraph applies to, or for use in, Syria,

(b) the direct or indirect supply or delivery of goods to which this paragraph applies to a place in Syria,

(c) directly or indirectly making goods or technology to which this paragraph applies available—

(i) to a person connected with Syria, or

(ii) for use in Syria,

(d) the transfer of technology to which this paragraph applies —

(i) to a person connected with Syria, or

(ii) to a place in Syria, or

(e) the direct or indirect provision of technical assistance relating to goods or technology to which this paragraph applies —

(i) to a person connected with Syria, or

(ii) for use in Syria.

(4) Paragraphs (1) to (3) are subject to Part 7 (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 Syria;

(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.

[F2 (6) This regulation does not apply to aviation fuel and aviation fuel additives.]

Textual Amendments

F2 Reg. 34(6) inserted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 9(7); S.I. 2020/1514, reg. 4

Commencement Information

I7 Reg. 34 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Prohibitions relating to the associated provision of brokering services: non-UK activity U.K.

35.—(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 goods to which this paragraph applies from a third country to a place in Syria,

(b) directly or indirectly making goods to which this paragraph applies available in a third country for direct or indirect supply or delivery—

(i) to a person connected with Syria, or

(ii) to a place in Syria,

(c) directly or indirectly making technology to which this paragraph applies available in a third country for transfer—

(i) to a person connected with Syria, or

(ii) to a place in Syria,

(d) the transfer of technology to which this paragraph applies from a place in a third country—

(i) to a person connected with Syria, or

(ii) to a place in Syria,

(e) the direct or indirect provision, in a non-UK country, of technical assistance relating to goods or technology to which this paragraph applies —

(i) to a person connected with Syria, or

(ii) for use in Syria,

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

(i) to a person connected with Syria, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 34(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 34(3),

(g) directly or indirectly making funds available, in a non-UK country, to a person connected with Syria, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 34(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 34(3).

(2) Paragraph (1) is subject to Part 7 (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;

“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 Syria, and

(b)

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

[F3 (5) This regulation does not apply to aviation fuel and aviation fuel additives.]

Textual Amendments

F3 Reg. 35(5) inserted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 9(8); S.I. 2020/1514, reg. 4

Commencement Information

I8 Reg. 35 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)