The Russia (Sanctions) (EU Exit) Regulations 2019

PART 5 U.K. Trade

CHAPTER 1 U.K. Interpretation

Interpretation of this Part U.K.

21.—(1) In this Part—

[F1 “aviation and space goods” means—

(a)

any thing specified in Schedule 2C, other than any thing which is aviation and space technology, and

(b)

any tangible storage medium on which aviation and space technology is recorded or from which it can be derived;

“aviation and space technology” means any thing described in Schedule 2C as software or technology;]

“brokering service” means any service to secure, or otherwise in relation to, an arrangement, including (but not limited to)—

(a)

the selection or introduction of persons as parties or potential parties to the arrangement,

(b)

the negotiation of the arrangement,

(c)

the facilitation of anything that enables the arrangement to be entered into, and

(d)

the provision of any assistance that in any way promotes or facilitates the arrangement;

[F2 “critical-industry goods” means—

(a)

any thing specified in Schedule 2A, other than—

(i)

any thing which is critical-industry technology, or

(ii)

any thing for the time being specified in—

(aa)

Schedule 2 or 3 to the Export Control Order 2008, or

(bb)

Annex I of the Dual-Use Regulation, and

(b)

any tangible storage medium on which critical-industry technology is recorded or from which it can be derived;

“critical-industry technology” means any thing described in Schedule 2A as software or technology, other than any thing for the time being specified in—

(a)

Schedule 2 or 3 to the Export Control Order 2008, or

(b)

Annex I of the Dual-Use Regulation;]

“dual-use goods” means—

(a)

any thing for the time being specified in Annex I of the Dual-Use Regulation, other than any thing which is dual-use technology, and

(b)

any tangible storage medium on which dual-use technology is recorded or from which it can be derived;

“the Dual-Use Regulation” means Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items;

“dual-use technology” means any thing for the time being specified in Annex I of the Dual-Use Regulation which is described as software or technology;

“energy-related goods” means any thing falling within Part 2 of Schedule 3;

“infrastructure-related goods” means any thing falling within Part 3 of Schedule 3;

[F3 “luxury goods” means any thing specified in Schedule 3A, other than any thing for the time being specified in—

(a)

Schedules 2 or 3 to the Export Control Order 2008,

(b)

Annex 1 of the Dual-Use Regulation, or

(c)

Schedule 2A;]

“military goods” means—

(a)

any thing for the time being specified in Schedule 2 to the Export Control Order 2008 M1 , other than any thing which is military technology, and

(b)

any tangible storage medium on which military technology is recorded or from which it can be derived;

“military technology” means any thing for the time being specified in Schedule 2 to the Export Control Order 2008 which is described as software or technology;

[F3 “oil refining goods” means—

(a)

any thing specified in Schedule 2D, other than—

(i)

any thing which is oil refining technology, or

(ii)

any thing for the time being specified in—

(aa)

Schedule 3 to the Export Control Order 2008,

(bb)

Annex 1 of the Dual-Use Regulation,

(cc)

Schedule 2A, or

(dd)

Part 2 of Schedule 3, and

(b)

any tangible storage medium on which oil refining technology is recorded or from which it can be derived;]

[F3 “oil refining technology” means any thing described in Schedule 2D as software or technology, other than any thing for the time being specified in —

(a)

Schedule 3 to the Export Control Order 2008,

(b)

Annex 1 of the Dual-Use Regulation, or

(c)

Schedule 2A;]

[F3 “quantum computing and advanced materials goods” means—

(a)

any thing specified in Schedule 2E, other than—

(i)

any thing which is quantum computing and advanced materials technology, or

(ii)

any thing for the time being specified in—

(aa)

Schedule 2 or 3 to the Export Control Order 2008,

(bb)

Annex 1 of the Dual-Use Regulation,

(cc)

Schedule 2A,

(dd)

Schedule 2C,

(ee)

Schedule 2D, or

(ff)

Part 2 of Schedule 3, and

(b)

any tangible storage medium on which quantum computing and advanced materials technology is recorded or from which it can be derived;]

[F3 “quantum computing and advanced materials technology” means any thing described in Schedule 2E as software or technology, other than anything for the time being specified in—

(a)

Schedule 2 or 3 to the Export Control Order 2008,

(b)

Annex 1 of the Dual-Use Regulation,

(c)

Schedule 2A,

(d)

Schedule 2C, or

(e)

Schedule 2D.]

[F4 restricted goods” means—

(a)

critical-industry goods;

(b)

dual-use goods;

(c)

military goods;

(d)

[F5 aviation and space goods;]

(e)

[F6 oil refining goods;]

(f)

[F6 quantum computing and advanced materials goods;]

“restricted technology” means—

(a)

critical-industry technology;

(b)

dual-use technology;

(c)

military technology;

(d)

[F7 aviation and space technology;]

(e)

[F8 oil refining technology;]

(f)

[F8 quantum computing and advanced materials technology;]]

“technical assistance”, in relation to goods or technology, means—

(a)

technical support relating to the repair, development, production, assembly, testing, use or maintenance of the goods or technology, or

(b)

any other technical service relating to the goods or technology;

F9 ...

“transfer” has the meaning given in paragraph 37 of Schedule 1 to the Act.

(2) For the purposes of this Part, a person is to be regarded as “connected with” Russia if the person is—

(a) an individual who is, or an association or combination of individuals who are, ordinarily resident in Russia,

(b) an individual who is, or an association or combination of individuals who are, located in Russia,

(c) a person, other than an individual, which is incorporated or constituted under the law of Russia, or

(d) a person, other than an individual, which is domiciled in Russia.

(3) For the purposes of this Part, a person is to be regarded as “connected with” [F10 non-government controlled Ukrainian territory] if the person is—

(a) an individual who is, or an association or combination of individuals who are, ordinarily resident in [F10 non-government controlled Ukrainian territory],

(b) an individual who is, or an association or combination of individuals who are, located in [F10 non-government controlled Ukrainian territory], or

(c) a person, other than an individual, which has its registered office, central administration or principal place of business located in [F10 non-government controlled Ukrainian territory].

(4) Paragraphs 32 to 36 of Schedule 1 to the Act (trade sanctions) apply for the purpose of interpreting expressions in this Part.

(5) In this Part, any reference to the United Kingdom includes a reference to the territorial sea.

Textual Amendments

F1 Words in reg. 21 inserted (8.3.2022 at 5.00 p.m.) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 6) Regulations 2022 (S.I. 2022/241), regs. 1(2), 5(a)

F2 Words in reg. 21 inserted (1.3.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 3) Regulations 2022 (S.I. 2022/195), regs. 1(2), 3(a) (with reg. 11)

F3 Words in reg. 21(1) inserted (14.4.2022 at 5.00 p.m.) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 8) Regulations 2022 (S.I. 2022/452), regs. 1(2), 3(a)

F4 Words in reg. 21 inserted (1.3.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 3) Regulations 2022 (S.I. 2022/195), regs. 1(2), 3(b) (with reg. 11)

F5 Words in reg. 21 inserted (8.3.2022 at 5.00 p.m.) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 6) Regulations 2022 (S.I. 2022/241), regs. 1(2), 5(b)

F6 Words in reg. 21(1) inserted (14.4.2022 at 5.00 p.m.) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 8) Regulations 2022 (S.I. 2022/452), regs. 1(2), 3(b)

F7 Words in reg. 21 inserted (8.3.2022 at 5.00 p.m.) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 6) Regulations 2022 (S.I. 2022/241), regs. 1(2), 5(c)

F8 Words in reg. 21(1) inserted (14.4.2022 at 5.00 p.m.) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 8) Regulations 2022 (S.I. 2022/452), regs. 1(2), 3(c)

F9 Words in reg. 21(1) omitted (31.12.2020 immediately after IP completion day) by virtue of The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 10(3); S.I. 2020/1514, reg. 4

F10 Words in reg. 21(3) substituted (30.3.2022 at 5.00 p.m.) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 7) Regulations 2022 (S.I. 2022/395), regs. 1(2), 13

Commencement Information

I1 Reg. 21 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M1 S.I. 2008/3231. Schedule 2 was substituted by S.I. 2017/85 and subsequently amended by S.I 2017/697 and S.I. 2018/165. There are other instruments which amend other parts of the Order.

CHAPTER 2 U.K. [F11 Restricted goods, restricted technology] and related activities

Textual Amendments

F11 Words in Pt. 5 Ch. 2 heading substituted (1.3.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 3) Regulations 2022 (S.I. 2022/195), regs. 1(2), 4(1) (with reg. 11)

Export of [F12 restricted goods] U.K.

22.—(1) The export of [F12 restricted goods] to, or for use in, Russia is prohibited.

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

Textual Amendments

F12 Words in reg. 22 substituted (1.3.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 3) Regulations 2022 (S.I. 2022/195), regs. 1(2), 4(2)(a) (with reg. 11)

Commencement Information

I2 Reg. 22 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Import of arms and related materiel U.K.

23.—(1) The import of arms and related materiel which are consigned from Russia is prohibited.

(2) The import of arms and related materiel which originate in Russia is prohibited.

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

(4) In this regulation “arms and related materiel” means—

(a) military goods, and

(b) any thing which falls within chapter 93 of the Goods Classification Table, other than military goods.

(5) For the purposes of the definition of “arms and related materiel”, whether a thing “falls within chapter 93 of the Goods Classification Table” is to be interpreted in accordance with paragraph 1 of Schedule 3.

Commencement Information

I3 Reg. 23 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Supply and delivery of [F13 restricted goods] U.K.

24.—(1) A person must not—

(a) directly or indirectly supply or deliver [F14 restricted goods] from a third country to a place in Russia;

(b) directly or indirectly supply or deliver military goods from a place in Russia to a third country.

(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 goods were destined (or ultimately destined) for Russia;

(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 supply or delivery was from a place in Russia, whether directly or indirectly.

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

Textual Amendments

F13 Words in reg. 24 heading substituted (1.3.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 3) Regulations 2022 (S.I. 2022/195), regs. 1(2), 4(2)(b) (with reg. 11)

F14 Words in reg. 24(1)(a) substituted (1.3.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 3) Regulations 2022 (S.I. 2022/195), regs. 1(2), 4(2)(b) (with reg. 11)

Commencement Information

I4 Reg. 24 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Making available or acquiring [F15 restricted goods] and [F16 restricted technology] U.K.

25.—(1) A person must not—

(a) directly or indirectly make [F17 restricted goods] or [F18 restricted technology] available to a person connected with Russia;

(b) directly or indirectly make [F19 restricted goods] or [F20 restricted technology] available for use in Russia;

(c) directly or indirectly acquire military goods or military technology from a person connected with Russia;

F21 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) directly or indirectly acquire military goods or military technology located in Russia.

(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 an offence of contravening paragraph (1)(a) or (c) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Russia;

(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 Russia;

F22 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

F15 Words in reg. 25 heading substituted (1.3.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 3) Regulations 2022 (S.I. 2022/195), regs. 1(2), 4(2)(c) (with reg. 11)

F16 Words in reg. 25 heading substituted (1.3.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 3) Regulations 2022 (S.I. 2022/195), regs. 1(2), 4(3)(a) (with reg. 11)

F17 Words in reg. 25(1)(a) substituted (1.3.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 3) Regulations 2022 (S.I. 2022/195), regs. 1(2), 4(2)(c) (with reg. 11)

F18 Words in reg. 25(1)(a) substituted (1.3.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 3) Regulations 2022 (S.I. 2022/195), regs. 1(2), 4(3)(a) (with reg. 11)

F19 Words in reg. 25(1)(b) substituted (1.3.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 3) Regulations 2022 (S.I. 2022/195), regs. 1(2), 4(2)(c) (with reg. 11)

F20 Words in reg. 25(1)(b) substituted (1.3.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 3) Regulations 2022 (S.I. 2022/195), regs. 1(2), 4(3)(a) (with reg. 11)

F21 Reg. 25(1)(d) omitted (31.12.2020 immediately after IP completion day) by virtue of The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 10(4)(a); S.I. 2020/1514, reg. 4

F22 Reg. 25(3)(c) omitted (31.12.2020 immediately after IP completion day) by virtue of The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 10(4)(b); S.I. 2020/1514, reg. 4

Commencement Information

I5 Reg. 25 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Transfer of [F23 restricted technology] U.K.

26.—(1) A person must not—

(a) transfer [F24 restricted technology] to a place in Russia;

(b) transfer [F25 restricted technology] to a person connected with Russia;

(c) transfer military technology to persons outside the United Kingdom or to a place outside the United Kingdom, where the transfer is from a place in Russia.

(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 Russia;

(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 Russia;

(c) it is a defence for a person charged with the offence of contravening paragraph (1)(c) to show that the person did not know and had no reasonable cause to suspect that the transfer was from a place in Russia.

Textual Amendments

F23 Words in reg. 26 heading substituted (1.3.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 3) Regulations 2022 (S.I. 2022/195), regs. 1(2), 4(3)(b) (with reg. 11)

F24 Words in reg. 26(1)(a) substituted (1.3.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 3) Regulations 2022 (S.I. 2022/195), regs. 1(2), 4(3)(b) (with reg. 11)

F25 Words in reg. 26(1)(b) substituted (1.3.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 3) Regulations 2022 (S.I. 2022/195), regs. 1(2), 4(3)(b) (with reg. 11)

Commencement Information

I6 Reg. 26 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Technical assistance relating to [F26 restricted goods] and [F27 restricted technology] U.K.

27.—(1) A person must not directly or indirectly provide technical assistance relating to [F26 restricted goods] or [F27 restricted technology]—

(a) to a person connected with Russia, or

(b) for use in Russia.

(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 an 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 Russia;

(b) it is a defence for a person charged with an 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 Russia.

Textual Amendments

F26 Words in regs. 27-29 substituted (1.3.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 3) Regulations 2022 (S.I. 2022/195), regs. 1(2), 4(2)(d) (with reg. 11)

F27 Words in regs. 27-29 substituted (1.3.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 3) Regulations 2022 (S.I. 2022/195), regs. 1(2), 4(3)(c) (with reg. 11)

Commencement Information

I7 Reg. 27 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Financial services and funds relating to [F26 restricted goods] and [F27 restricted technology] U.K.

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

(a) the export of [F26 restricted goods],

(b) the direct or indirect supply or delivery of [F26 restricted goods],

(c) directly or indirectly making [F26 restricted goods] or [F27 restricted technology] available to a person,

(d) the transfer of [F27 restricted technology], or

(e) the direct or indirect provision of technical assistance relating to [F26 restricted goods] or [F27 restricted technology].

(2) A person must not directly or indirectly make funds available to a person connected with Russia 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 [F26 restricted goods] to, or for use in, Russia;

(b) the direct or indirect supply or delivery of [F26 restricted goods] to a place in Russia;

(c) directly or indirectly making [F26 restricted goods] or [F27 restricted technology] available—

(i) to a person connected with Russia, or

(ii) for use in Russia;

(d) the transfer of [F27 restricted technology]—

(i) to a person connected with Russia, or

(ii) to a place in Russia; or

(e) the direct or indirect provision of technical assistance relating to [F26 restricted goods] or [F27 restricted technology]—

(i) to a person connected with Russia, or

(ii) for use in Russia.

F28 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F29 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Paragraphs (1) to [F30 (3)] are subject to Part 7 (Exceptions and licences).

(7) A person who contravenes a prohibition in any of paragraphs (1) [F31 to (3)] commits an offence, but—

(a) it is a defence for a person charged with an offence of contravening paragraph (1) [F32 or (2)] (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Russia;

(b) it is a defence for a person charged with the offence of contravening 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 [F33 .]

F34 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26 Words in regs. 27-29 substituted (1.3.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 3) Regulations 2022 (S.I. 2022/195), regs. 1(2), 4(2)(d) (with reg. 11)

F27 Words in regs. 27-29 substituted (1.3.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 3) Regulations 2022 (S.I. 2022/195), regs. 1(2), 4(3)(c) (with reg. 11)

F28 Reg. 28(4) omitted (31.12.2020 immediately after IP completion day) by virtue of The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 10(5)(a); S.I. 2020/1514, reg. 4

F29 Reg. 28(5) omitted (31.12.2020 immediately after IP completion day) by virtue of The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 10(5)(a); S.I. 2020/1514, reg. 4

F30 Word in reg. 28(6) 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), 10(5)(b); S.I. 2020/1514, reg. 4

F31 Words in reg. 28(7) 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), 10(5)(c)(i); S.I. 2020/1514, reg. 4

F32 Words in reg. 28(7)(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), 10(5)(c)(ii); S.I. 2020/1514, reg. 4

F33 Full stop in reg. 28(7)(b) substituted for semicolon (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), 10(5)(c)(iii); S.I. 2020/1514, reg. 4

F34 Reg. 28(7)(c) omitted (31.12.2020 immediately after IP completion day) by virtue of The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 10(5)(c)(iv); S.I. 2020/1514, reg. 4

Commencement Information

I8 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(2)

Brokering services: non-UK activity relating to [F26 restricted goods] and [F27 restricted technology] U.K.

29.—(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 [F26 restricted goods] from a third country to a place in Russia;

(b) directly or indirectly making [F26 restricted goods] available in a third country for direct or indirect supply or delivery—

(i) to a person connected with Russia, or

(ii) to a place in Russia;

(c) directly or indirectly making [F27 restricted technology] available in a third country for transfer—

(i) to a person connected with Russia, or

(ii) to a place in Russia;

(d) the transfer of [F27 restricted technology] from a place in a third country—

(i) to a person connected with Russia, or

(ii) to a place in Russia;

(e) the direct or indirect provision, in a non-UK country, of technical assistance relating to [F26 restricted goods] or [F27 restricted technology]—

(i) to a person connected with Russia, or

(ii) for use in Russia;

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

(i) to a person connected with Russia, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 28(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 28(3);

(g) directly or indirectly making funds available, in a non-UK country, to a person connected with Russia, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 28(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 28(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 Russia,

(b)

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

Textual Amendments

F26 Words in regs. 27-29 substituted (1.3.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 3) Regulations 2022 (S.I. 2022/195), regs. 1(2), 4(2)(d) (with reg. 11)

F27 Words in regs. 27-29 substituted (1.3.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 3) Regulations 2022 (S.I. 2022/195), regs. 1(2), 4(3)(c) (with reg. 11)

Commencement Information

I9 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(2)

[F35 Insurance and reinsurance services relating to aviation and space goods and aviation and space technology U.K.

29A.— (1) A person must not directly or indirectly provide insurance or reinsurance services relating to aviation and space goods or aviation and space technology—

(a) to a person connected with Russia, or

(b) for use in Russia.

(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 an 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 Russia;

(b) it is a defence for a person charged with an 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 Russia.]

Textual Amendments

F35 Reg. 29A inserted (8.3.2022 at 5.00 p.m.) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 6) Regulations 2022 (S.I. 2022/241), regs. 1(2), 6

Enabling or facilitating military activities U.K.

30.—(1) A person must not directly or indirectly provide—

(a) technical assistance,

(b) armed personnel,

(c) financial services or funds, or

(d) brokering services in relation to an arrangement whose object or effect is to provide, in a non-UK country, anything mentioned in sub-paragraphs (a) to (c),

where such provision enables or facilitates the conduct of military activities carried on or proposed to be carried on by the Russian military or any other military end-user who is a person connected with Russia.

(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 provision as mentioned in paragraph (1) would enable or facilitate the conduct of military activities carried on or proposed to be carried on by the Russian military or any other military end-user who is a person connected with Russia.

(4) In this regulation—

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

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

(5) Nothing in this regulation is to be taken to limit the meaning of any of the prohibitions contained in this Part.

Commencement Information

I10 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(2)

F36 CHAPTER 3 U.K. Dual-use goods, dual-use technology and related activities

Textual Amendments

F36 Pt. 5 Ch. 3 omitted (1.3.2022) by virtue of The Russia (Sanctions) (EU Exit) (Amendment) (No. 3) Regulations 2022 (S.I. 2022/195), regs. 1(2), 5 (with reg. 11)

Interpretation of this Chapter U.K.

31.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Export of dual-use goods U.K.

32.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supply and delivery of dual-use goods U.K.

33.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Making dual-use goods and dual-use technology available U.K.

34.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of dual-use technology U.K.

35.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Technical assistance relating to dual-use goods and dual-use technology U.K.

36.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial services and funds relating to dual-use goods and dual-use technology U.K.

37.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Brokering services: non-UK activity relating to dual-use goods and dual-use technology U.K.

38.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 4 U.K. Energy-related goods and related activities

Interpretation of this Chapter U.K.

39.  For the purposes of this Chapter “ Russia” includes Russia's exclusive economic zone and continental shelf (which terms are to be interpreted in accordance with the United Nations Convention on the Law of the Sea) M2 .

Commencement Information

I11 Reg. 39 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M2 Command 8941.

Export of energy-related goods U.K.

40.—(1) The export of energy-related goods for use in Russia is prohibited.

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

Commencement Information

I12 Reg. 40 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Supply and delivery of energy-related goods U.K.

41.—(1) A person must not directly or indirectly supply or deliver energy-related goods for use in Russia from a third country to a place in Russia.

(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—

(a) the goods were destined (or ultimately destined) for Russia, or

(b) the goods were for use in Russia.

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

Commencement Information

I13 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(2)

Making energy-related goods available U.K.

42.—(1) A person must not directly or indirectly make energy-related goods available for use in Russia.

(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 goods were for use in Russia.

Commencement Information

I14 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(2)

Technical assistance relating to energy-related goods U.K.

43.—(1) A person must not directly or indirectly—

(a) provide technical assistance relating to energy-related goods for use in Russia; or

(b) provide, to a person connected with Russia, technical assistance relating to energy-related goods.

(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 in paragraph (1)(a) to show that the person did not know and had no reasonable cause to suspect that the goods were for use in Russia;

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

Commencement Information

I15 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(2)

Financial services and funds relating to energy-related goods and energy-related technology U.K.

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

(a) the export of energy-related goods,

(b) the direct or indirect supply or delivery of energy-related goods,

(c) directly or indirectly making energy-related goods available to a person, or

(d) the direct or indirect provision of technical assistance relating to energy-related goods.

(2) A person must not directly or indirectly make funds available to a person connected with Russia 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 to Russia of energy-related goods for use in Russia;

(b) the direct or indirect supply or delivery of energy-related goods for use in Russia;

(c) directly or indirectly making energy-related goods available for use in Russia;

(d) the direct or indirect provision of technical assistance relating to energy-related goods to a person connected with Russia;

(e) the direct or indirect provision of technical assistance relating to energy-related goods for use in Russia;

(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 a prohibition in 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 Russia;

(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 that paragraph.

Commencement Information

I16 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(2)

Brokering services: non-UK activity relating to energy-related goods and energy-related technology U.K.

45.—(1) A person (“P”) 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 energy-related goods for use in Russia from a third country to a place in Russia;

(b) directly or indirectly making energy-related goods available for use in Russia;

(c) the direct or indirect provision, in a non-UK country, of technical assistance relating to energy-related goods—

(i) to a person connected with Russia, or

(ii) for use in Russia;

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

(i) to a person connected with Russia, 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

(ii) where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 44(3);

(e) directly or indirectly making funds available, in a non-UK country, to a person connected with Russia, 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(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 country that is not the United Kingdom, the Isle of Man or Russia.

Commencement Information

I17 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(2)

Prohibition on providing other energy-related services U.K.

46.—(1) A person must not provide, directly or indirectly, relevant energy services.

(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 person was providing relevant energy services.

(4) In this regulation—

“relevant energy services” means specified services necessary for a relevant oil exploration or production project;

“relevant oil exploration or production project” means a project in Russia within any of the following descriptions—

(a)

oil exploration and production in waters deeper than 150 metres;

(b)

oil exploration and production in the offshore area north of the Arctic Circle; or

(c)

a project that has the potential to produce oil from resources located in shale formations by way of hydraulic fracturing, excluding exploration and production through shale formations to locate or extract oil from non-shale reservoirs;

“specified services” means any of the following—

(a)

drilling;

(b)

well testing;

(c)

logging and completion services;

(d)

supply of specialised floating vessels.

Commencement Information

I18 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(2)

[F37 CHAPTER 4A U.K. Aircraft and ships

Textual Amendments

F37 Pt. 5 Ch. 4A inserted (30.3.2022 at 5.00 p.m.) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 7) Regulations 2022 (S.I. 2022/395), regs. 1(2), 14

Technical assistance relating to aircraft and ships U.K.

46A.— (1) A person must not directly or indirectly provide to, or for the benefit of, a designated person technical assistance relating to—

(a) an aircraft, or

(b) a ship.

(2) Paragraph (1) does not apply to any technical assistance which is prohibited under regulation 27 (technical assistance relating to restricted goods and restricted technology).

(3) Paragraph (1) is 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 an offence of contravening paragraph (1) (“P”) to show that P did not know and had no reasonable cause to suspect that the technical assistance was provided to, or for the benefit of, a designated person.

(5) In this regulation—

“aircraft” includes unmanned aircraft and aircraft capable of spaceflight activities;

“designated person” means a person designated under regulation 5 (power to designate persons) for the purposes of this regulation;

“ship” includes every description of vessel (including a hovercraft) used in navigation.]

[F38 CHAPTER 4B U.K. Luxury goods

Textual Amendments

F38 Pt. 5 Ch. 4B inserted (14.4.2022 at 5.00 p.m.) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 8) Regulations 2022 (S.I. 2022/452), regs. 1(2), 4

Luxury goods U.K.

46B.— (1) The export of luxury goods to, or for use in, Russia is prohibited.

(2) A person must not directly or indirectly—

(a) supply or deliver luxury goods from a third country to a place in Russia;

(b) make luxury goods available to a person connected with Russia;

(c) make luxury goods available for use in Russia.

(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 the offence of contravening 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 Russia;

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

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

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

[F39 CHAPTER 4C U.K. Iron and steel products

Textual Amendments

F39 Pt. 5 Ch. 4C inserted (14.4.2022 at 5.00 p.m.) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 8) Regulations 2022 (S.I. 2022/452), regs. 1(2), 4

Meaning of iron and steel products U.K.

46C.   In this Chapter, “iron and steel products” means any thing specified in Schedule 3B.

Import of iron and steel products U.K.

46D.— (1) The import of iron and steel products which are consigned from Russia is prohibited.

(2) The import of iron and steel products which originate in Russia is prohibited.

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

Acquisition of iron and steel products U.K.

46E.— (1) A person must not directly or indirectly acquire iron and steel products—

(a) which originate in Russia;

(b) which are located in Russia.

(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 goods originated in Russia;

(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 were located in Russia.

Supply and delivery of iron and steel products U.K.

46F.— (1) A person must not directly or indirectly supply or deliver iron and steel products from a place in Russia to a third country.

(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 the offence of contravening paragraph (1) to show that the person did not know and had no reasonable cause to suspect that the supply or delivery was from a place in Russia, whether directly or indirectly.

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

CHAPTER 5 U.K. Exports and imports, and related activities, in relation to [F40 non-government controlled Ukrainian territory]

Textual Amendments

F40 Words in Pt. 5 Ch. 5 heading substituted (30.3.2022 at 5.00 p.m.) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 7) Regulations 2022 (S.I. 2022/395), regs. 1(2), 15(a)

Imports from [F41 non-government controlled Ukrainian territory] U.K.

47.—(1) The import of goods which originate in [F41 non-government controlled Ukrainian territory] is prohibited.

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

Textual Amendments

F41 Words in reg. 47 substituted (30.3.2022 at 5.00 p.m.) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 7) Regulations 2022 (S.I. 2022/395), regs. 1(2), 15(b)(i)

Commencement Information

I19 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(2)

Export of infrastructure-related goods to [F42 non-government controlled Ukrainian territory] U.K.

48.—(1) The export of infrastructure-related goods to, or for use in, [F42 non-government controlled Ukrainian territory], is prohibited.

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

Textual Amendments

F42 Words in reg. 48 substituted (30.3.2022 at 5.00 p.m.) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 7) Regulations 2022 (S.I. 2022/395), regs. 1(2), 15(b)(ii)

Commencement Information

I20 Reg. 48 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Supply and delivery of infrastructure-related goods U.K.

49.—(1) A person must not directly or indirectly supply or deliver infrastructure-related goods from a third country to a place in [F43 non-government controlled Ukrainian territory].

(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 [F43 non-government controlled Ukrainian territory].

(4) In this regulation, “third country” means a country that is not the United Kingdom, the Isle of Man or [F43 non-government controlled Ukrainian territory].

Textual Amendments

F43 Words in reg. 49 substituted (30.3.2022 at 5.00 p.m.) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 7) Regulations 2022 (S.I. 2022/395), regs. 1(2), 15(b)(iii)

Commencement Information

I21 Reg. 49 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Making infrastructure-related goods available U.K.

50.—(1) A person must not—

(a) directly or indirectly make infrastructure-related goods available to a person connected with [F44 non-government controlled Ukrainian territory];

(b) directly or indirectly make infrastructure-related goods available for use in [F44 non-government controlled Ukrainian territory].

(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 [F44 non-government controlled Ukrainian territory];

(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 were for use in [F44 non-government controlled Ukrainian territory].

Textual Amendments

F44 Words in reg. 50 substituted (30.3.2022 at 5.00 p.m.) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 7) Regulations 2022 (S.I. 2022/395), regs. 1(2), 15(b)(iv)

Commencement Information

I22 Reg. 50 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Technical assistance relating to infrastructure-related goods U.K.

51.—(1) A person must not directly or indirectly provide technical assistance relating to infrastructure-related goods—

(a) to a person connected with [F45 non-government controlled Ukrainian territory], or

(b) for use in [F45 non-government controlled Ukrainian territory].

(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 [F45 non-government controlled Ukrainian territory];

(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 were for use in [F45 non-government controlled Ukrainian territory].

Textual Amendments

F45 Words in reg. 51 substituted (30.3.2022 at 5.00 p.m.) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 7) Regulations 2022 (S.I. 2022/395), regs. 1(2), 15(b)(v)

Commencement Information

I23 Reg. 51 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Financial services and funds relating to infrastructure-related goods etc. U.K.

52.—(1) A person must not directly or indirectly provide, to a person connected with [F46 non-government controlled Ukrainian territory], financial services in pursuance of or in connection with an arrangement whose object or effect is—

(a) the export of infrastructure-related goods,

(b) the direct or indirect supply or delivery of infrastructure-related goods,

(c) directly or indirectly making infrastructure-related goods available to a person, or

(d) the direct or indirect provision of technical assistance relating to infrastructure-related goods.

(2) A person must not directly or indirectly make funds available to a person connected with [F46 non-government controlled Ukrainian territory] 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 import of goods which originate in [F46 non-government controlled Ukrainian territory];

(b) the export of infrastructure-related goods to, or for use in, [F46 non-government controlled Ukrainian territory],

(c) the direct or indirect supply or delivery of infrastructure-related goods to a place in [F46 non-government controlled Ukrainian territory],

(d) directly or indirectly making infrastructure-related goods available—

(i) to a person connected with [F46 non-government controlled Ukrainian territory], or

(ii) for use in [F46 non-government controlled Ukrainian territory],

(e) the direct or indirect provision of technical assistance relating to infrastructure-related goods—

(i) to a person connected with [F46 non-government controlled Ukrainian territory], or

(ii) for use in [F46 non-government controlled Ukrainian territory].

(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 [F46 non-government controlled Ukrainian territory];

(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.

Textual Amendments

F46 Words in reg. 52 substituted (30.3.2022 at 5.00 p.m.) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 7) Regulations 2022 (S.I. 2022/395), regs. 1(2), 15(b)(vi)

Commencement Information

I24 Reg. 52 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Brokering services: non-UK activity relating to infrastructure-related goods and goods from [F47 non-government controlled Ukrainian territory] U.K.

53.—(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 import of goods which originate in [F47 non-government controlled Ukrainian territory];

(b) the direct or indirect supply or delivery of infrastructure-related goods from a third country to a place in [F47 non-government controlled Ukrainian territory],

(c) directly or indirectly making infrastructure-related goods available in a third country for direct or indirect supply or delivery—

(i) to a person connected with [F47 non-government controlled Ukrainian territory], or

(ii) to a place in [F47 non-government controlled Ukrainian territory],

(d) the direct or indirect provision, in a non-UK country, of technical assistance relating to infrastructure-related goods—

(i) to a person connected with [F47 non-government controlled Ukrainian territory], or

(ii) for use in [F47 non-government controlled Ukrainian territory],

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

(i) to a person connected with [F47 non-government controlled Ukrainian territory], where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 52(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 52(3) in relation to infrastructure-related goods,

(f) directly or indirectly making funds available, in a non-UK country, to a person connected with [F47 non-government controlled Ukrainian territory], where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 52(1), or

(g) 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 52(3) in relation to infrastructure-related goods.

(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 country that is not the United Kingdom, the Isle of Man or [F47 non-government controlled Ukrainian territory].

Textual Amendments

F47 Words in reg. 53 substituted (30.3.2022 at 5.00 p.m.) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 7) Regulations 2022 (S.I. 2022/395), regs. 1(2), 15(b)(vii)

Commencement Information

I25 Reg. 53 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

CHAPTER 6 U.K. Other services relating to [F48 non-government controlled Ukrainian territory]

Textual Amendments

F48 Words in Pt. 5 Ch. 6 heading substituted (30.3.2022 at 5.00 p.m.) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 7) Regulations 2022 (S.I. 2022/395), regs. 1(2), 16(a)

Prohibition on providing certain services relating to [F49 non-government controlled Ukrainian territory] U.K.

54.—(1) A person must not provide—

(a) services relating to a relevant infrastructure sector in [F50 non-government controlled Ukrainian territory]; or

(b) services relating to tourism in [F50 non-government controlled Ukrainian territory].

(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—

(a) it is a defence for a person charged with the offence in paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that P was providing services relating to a relevant infrastructure sector in [F51 non-government controlled Ukrainian territory];

(b) it is a defence for a person charged with the offence in paragraph (1)(b) (“P”) to show that P did not know and had no reasonable cause to suspect that P was providing services relating to tourism in [F51 non-government controlled Ukrainian territory].

(4) In this regulation—

“services relating to a relevant infrastructure sector in [F52 non-government controlled Ukrainian territory]” means technical assistance, brokering, construction or engineering services directly relating to infrastructure in [F52 non-government controlled Ukrainian territory] in any of the following sectors—

(a)

transport;

(b)

telecommunications;

(c)

energy;

(d)

the prospection, exploration and production of oil, gas and mineral resources;

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

Textual Amendments

F49 Words in reg. 54 heading substituted (30.3.2022 at 5.00 p.m.) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 7) Regulations 2022 (S.I. 2022/395), regs. 1(2), 16(b)(i)

F50 Words in reg. 54(1) substituted (30.3.2022 at 5.00 p.m.) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 7) Regulations 2022 (S.I. 2022/395), regs. 1(2), 16(b)(ii)

F51 Words in reg. 54(3) substituted (30.3.2022 at 5.00 p.m.) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 7) Regulations 2022 (S.I. 2022/395), regs. 1(2), 16(b)(ii)

F52 Words in reg. 54(4) substituted (30.3.2022 at 5.00 p.m.) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 7) Regulations 2022 (S.I. 2022/395), regs. 1(2), 16(b)(ii)

Commencement Information

I26 Reg. 54 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

CHAPTER 7 U.K. Further provision

Circumventing etc. prohibitions U.K.

55.—(1) A person must not intentionally participate in activities knowing that the object or effect of them is, whether directly or indirectly—

(a) to circumvent any of the prohibitions in Chapters 2 to 6 of this Part, or

(b) to enable or facilitate the contravention of any such prohibition.

(2) A person who contravenes a prohibition in paragraph (1) commits an offence.

Commencement Information

I27 Reg. 55 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Defences U.K.

56.—(1) Paragraph (2) applies where a person relies on a defence under any of Chapters 2 to 6 of this Part.

(2) If evidence is adduced which is sufficient to raise an issue with respect to the defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

Commencement Information

I28 Reg. 56 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)