The Syria (Sanctions) (EU Exit) Regulations 2019

CHAPTER 4 U.K. Trade prohibitions relating to particular categories of goods

Bank notes or coinage U.K.

41.—(1) The export of bank notes or coinage to, or for the benefit of, the Central Bank of Syria is prohibited.

(2) A person must not directly or indirectly—

(a) supply or deliver bank notes or coinage from a third country to, or for the benefit of, the Central Bank of Syria;

(b) make bank notes or coinage available to, or for the benefit of, the Central Bank of Syria.

(3) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences).

(4) A person who contravenes a prohibition in paragraph (2) commits an offence, but—

(a) it is a defence for a person charged with an offence of contravening paragraph (2)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the person to whom, or for whose benefit, the bank notes or coinage were supplied or delivered was the Central Bank of Syria;

(b) it is a defence for a person charged with an offence of contravening paragraph (2)(b) (“P”) to show that P did not know and had no reasonable cause to suspect that the person to whom, or for whose benefit, the bank notes or coinage were made available was the Central Bank of Syria.

(5) For the purposes of paragraph (2), “third country” means a country that is not the United Kingdom, the Isle of Man or Syria.

Commencement Information

I1 Reg. 41 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)

Goods prohibitions relating to gold, precious metals or diamonds U.K.

42.—(1) The export of gold, precious metals or diamonds to a Syrian regime person is prohibited.

(2) The import of gold, precious metals or diamonds consigned from a Syrian regime person is prohibited.

(3) A person must not directly or indirectly—

(a) supply or deliver gold, precious metals or diamonds from a third country to a Syrian regime person;

(b) make gold, precious metals or diamonds available to a Syrian regime person;

(c) supply or deliver gold, precious metals or diamonds from a Syrian regime person to a place in a non-UK country;

(d) acquire gold, precious metals or diamonds from a Syrian regime person.

(4) Paragraphs (1) to (3) are subject to Part 7 (Exceptions and licences).

(5) A person who contravenes a prohibition in paragraph (3) 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 person was a Syrian regime person.

(6) In this regulation—

“non-UK country” means a country that is not the United Kingdom or the Isle of Man;

“third country” means a country that is not the United Kingdom, the Isle of Man or Syria.

Commencement Information

I2 Reg. 42 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)

Technical assistance relating to gold, precious metals or diamonds U.K.

43.—(1) A person must not directly or indirectly provide technical assistance relating to gold, precious metals or diamonds to a Syrian regime person.

(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 (“P”) to show that P did not know and had no reasonable cause to suspect that the person was a Syrian regime person.

Commencement Information

I3 Reg. 43 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)

Financial services and funds relating to gold, precious metals or diamonds U.K.

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

(a) the export of gold, precious metals or diamonds,

(b) the import of gold, precious metals or diamonds,

(c) the direct or indirect supply or delivery of gold, precious metals or diamonds, or

(d) directly or indirectly making gold, precious metals or diamonds available to a person.

(2) A person must not directly or indirectly make funds available to a Syrian regime person 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 gold, precious metals or diamonds to a Syrian regime person,

(b) the import of gold, precious metals or diamonds consigned from a Syrian regime person,

(c) the direct or indirect supply or delivery of gold, precious metals or diamonds to or from a Syrian regime person, or

(d) directly or indirectly making gold, precious metals or diamonds available to a Syrian regime person.

(4) Paragraphs (1) to (3) are subject to Part 7 (Exceptions and licences).

(5) A person who contravenes a prohibition in paragraph (1) or (2) commits an offence, but it is a defence for a person charged with an offence of contravening either of those paragraphs (“P”) to show that P did not know and had no reasonable cause to suspect that the person was a Syrian regime person.

(6) A person who contravenes the prohibition in paragraph (3) 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 financial services or funds (as the case may be) were provided in pursuance of or in connection with an arrangement mentioned in that paragraph.

Commencement Information

I4 Reg. 44 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)

Brokering services: non-UK activity relating to gold, precious metals or diamonds U.K.

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

(a) the direct or indirect supply or delivery of gold, precious metals or diamonds from a non-UK country to a different non-UK country,

(b) directly or indirectly making gold, precious metals or diamonds available, in a non-UK country, for supply or delivery to a different non-UK country,

(c) the direct or indirect acquisition, in a non-UK country, of gold, precious metals or diamonds for supply or delivery to a different non-UK country,

(d) the direct or indirect procurement, from a non-UK country, of technical assistance relating to gold, precious metals or diamonds,

(e) the direct or indirect procurement of financial services, 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 44(1), or

(f) 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 44(1).

(2) 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 gold, precious metals or diamonds from a third country to a Syrian regime person,

(b) the direct or indirect supply or delivery of gold, precious metals or diamonds from a Syrian regime person to a place in a third country,

(c) directly or indirectly making gold, precious metals or diamonds available, in a third country, for direct or indirect supply or delivery to a Syrian regime person,

(d) the direct or indirect acquisition, in a third country, of gold, precious metals or diamonds from a Syrian regime person.

(3) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences).

(4) A person who contravenes a 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 person was a Syrian regime person.

(5) A person who contravenes a prohibition in paragraph (2) 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.

(6) In this regulation—

“non-UK country” means—

(a)

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

(b)

for the purposes of any other provision of this regulation, a country that is not the United Kingdom;

“third country” means a country that is not the United Kingdom, the Isle of Man or Syria.

Commencement Information

I5 Reg. 45 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)

Luxury goods U.K.

46.—(1) The export of luxury goods to Syria is prohibited.

(2) A person must not directly or indirectly supply or deliver luxury goods from a third country to a place in Syria.

(3) A person must not directly or indirectly make luxury goods available to a person connected with Syria.

(4) Paragraphs (1) to (3) are subject to Part 7 (Exceptions and licences).

(5) A person who contravenes a prohibition in paragraphs (2) or (3) commits an offence, but—

(a) it is a defence for a person charged with the offence of contravening paragraph (2) 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;

(b) it is a defence for a person charged with the offence of contravening paragraph (3) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Syria.

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

Commencement Information

I6 Reg. 46 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)

Electricity production U.K.

47.—(1) The export of goods relating to electricity production to, or for use in, Syria is prohibited.

(2) A person must not directly or indirectly—

(a) supply or deliver goods relating to electricity production from a third country to a place in Syria;

(b) make goods relating to electricity production available for use in Syria.

(3) A person must not directly or indirectly provide—

(a) technical assistance,

(b) financial services, or

(c) funds,

where such provision relates to the construction or installation in Syria of a new power plant for electricity production.

(4) Paragraphs (1) to (3) are subject to Part 7 (Exceptions and licences).

(5) A person who contravenes a prohibition in paragraph (2) or (3) commits an offence, but—

(a) it is a defence for a person charged with an offence of contravening the prohibition in paragraph (2)(a) 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;

(b) it is a defence for a person charged with an offence of contravening the prohibition in paragraph (2)(b) to show that the person did not know and had no reasonable cause to suspect that the goods were for use in Syria;

(c) 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 provision as mentioned in paragraph (3) would relate to the construction or installation in Syria of a new power plant for electricity production.

(6) In this regulation—

“technical assistance” means the provision of technical support or any other technical service;

“third country” means a country that is not the United Kingdom, the Isle of Man or Syria.

Commencement Information

I7 Reg. 47 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)