- Latest available (Revised)
- Point in Time (01/01/2023)
- Original (As made)
Version Superseded: 21/04/2023
Point in time view as at 01/01/2023.
There are currently no known outstanding effects for the The Russia (Sanctions) (EU Exit) Regulations 2019, PART 5.
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21.—(1) In this Part—
[F1“aviation and space goods” means—
any thing specified in Schedule 2C, other than any thing which is aviation and space technology, and
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)—
the selection or introduction of persons as parties or potential parties to the arrangement,
the negotiation of the arrangement,
the facilitation of anything that enables the arrangement to be entered into, and
the provision of any assistance that in any way promotes or facilitates the arrangement;
[F2“coal and coal products” means any thing specified in Schedule 3H;]
[F3“critical-industry goods” means—
any thing specified in Schedule 2A, other than—
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—
[F10“defence and security goods” means—
interception and monitoring goods,
internal repression goods, and
goods relating to chemical and biological weapons;]
[F10“defence and security technology” means—
interception and monitoring technology,
internal repression technology, and
technology relating to chemical and biological weapons;]
“dual-use goods” means—
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
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;
“
” means any thing falling within Part 2 of Schedule 3;[F11“G7 dependency and further goods” means any thing specified in Schedule 3E other than any thing for the time being specified in—
Schedule 2 or 3 to the Export Control Order 2008,
Annex 1 of the Dual-Use Regulation, or
Schedule 2A;]
[F2“gold” means the gold and products related to gold specified in [F12Part 2 of] Schedule 3G;]
[F13“gold jewellery” means the gold products specified in Part 3 of Schedule 3G;]
[F10“goods relating to chemical and biological weapons” means—
any thing specified in Part 4 of Schedule 3C, other than technology relating to chemical and biological weapons (but see paragraph (4A)), and
any tangible storage medium on which technology relating to chemical and biological weapons is recorded or from which it can be derived;]
“
” means any thing falling within Part 3 of Schedule 3;[F10“interception and monitoring goods” means any item mentioned in paragraph (a) or (b), provided that it may be used for interception and monitoring services—
a relevant Part 2 item,
any tangible storage medium on which interception and monitoring technology is recorded or from which it can be derived;]
[F10“interception and monitoring technology” means any thing—
which is described as software in paragraph 2 of Part 2 of Schedule 3C provided that it may be used for interception and monitoring services, and
which is described as other software or other technology in paragraph 3 of Part 2 of Schedule 3C (but see paragraph (4C));]
[F10“internal repression goods” means—
any thing specified in Part 3 of Schedule 3C, other than—
any thing which is internal repression technology,
any thing for the time being specified in Schedule 2 to the Export Control Order 2008, or
any thing for the time being specified in Annex Ⅰ of the Dual-Use Regulation, and
any tangible storage medium on which internal repression technology is recorded or from which it can be derived;]
[F10“internal repression technology” means any thing which is described in Part 3 of Schedule 3C as software or technology;]
[F14“luxury goods” means any thing specified in Schedule 3A, other than any thing for the time being specified in—
Schedules 2 or 3 to the Export Control Order 2008,
Annex 1 of the Dual-Use Regulation, or
Schedule 2A;]
[F10“maritime goods” and “maritime technology” mean respectively any goods and technology specified in Chapter 4 (Navigation Equipment) and Chapter 5 (Radio-Communication Equipment) of Annex 1 of the Merchant Shipping Notice 1874 but not including any thing in those Chapters for the time being specified in—
Schedules 2 and 3 to the Export Control Order 2008,
Annex I to the Dual Use Regulation, or
Schedule 2A;]
[F10“medical device” means—
a medical device within the meaning given in regulation 2 of the Medical Devices Regulations 2002 in so far as those Regulations apply to England, Wales and Scotland, and
a medical device within the meaning given in—
article 2 of Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC, and
article 2 of Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU,
in so far as those Regulations apply to Northern Ireland;]
“military goods” means—
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
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;
[F2“oil and oil products” means any thing specified in Schedule 3F;]
[F14“oil refining goods” means—
any thing specified in Schedule 2D, other than—
any thing which is oil refining technology, or
any thing for the time being specified in—
Schedule 3 to the Export Control Order 2008,
Annex 1 of the Dual-Use Regulation,
Schedule 2A, or
Part 2 of Schedule 3, and
any tangible storage medium on which oil refining technology is recorded or from which it can be derived;]
[F14“oil refining technology” means any thing described in Schedule 2D as software or technology, other than any thing for the time being specified in —
Schedule 3 to the Export Control Order 2008,
Annex 1 of the Dual-Use Regulation, or
Schedule 2A;]
F15...
[F14“quantum computing and advanced materials goods” means—
any thing specified in Schedule 2E, other than—
any thing which is quantum computing and advanced materials technology, or
any thing for the time being specified in—
Schedule 2 or 3 to the Export Control Order 2008,
Annex 1 of the Dual-Use Regulation,
Schedule 2A,
Schedule 2C,
Schedule 2D, or
Part 2 of Schedule 3, and
any tangible storage medium on which quantum computing and advanced materials technology is recorded or from which it can be derived;]
[F14“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—
Schedule 2 or 3 to the Export Control Order 2008,
Annex 1 of the Dual-Use Regulation,
Schedule 2A,
Schedule 2C, or
Schedule 2D.]
[F16restricted goods” means—
“restricted technology” means—
[F13“Russia’s vulnerable goods” means any thing specified in Schedule 3I other than any thing for the time being specified in—
Schedule 2 or 3 to the Export Control Order 2008,
Annex 1 of the Dual-Use Regulation, or
Schedule 2A;]
“technical assistance”, in relation to goods or technology, means—
technical support relating to the repair, development, production, assembly, testing, use or maintenance of the goods or technology, or
any other technical service relating to the goods or technology;
F23...
[F10“technology relating to chemical and biological weapons” means any thing specified as technology or software in Part 4 of Schedule 3C, other than technology which is—
the minimum necessary for—
the installation, operation, maintenance and repair of any goods which are not subject to a prohibition under this Part, or
patent applications,
in the public domain,
a medical device, or
used for basic scientific research;]
“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” [F24non-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 [F24non-government controlled Ukrainian territory],
(b)an individual who is, or an association or combination of individuals who are, located in [F24non-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 [F24non-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.
[F25(4A) The definition of “goods relating to chemical and biological weapons” does not apply to anything specified in Part 4 of Schedule 3C—
(a)which is—
(i)a pharmaceutical formulation designed for human administration in the treatment of a medical condition; and
(ii)pre-packaged for distribution as a medicinal product; or
(b)which is a medical device.
(4B) For the purpose of the definition of “interception and monitoring goods” in paragraph (1) “a relevant Part 2 item” means any thing described in Part 2 of Schedule 3C, other than—
(a)any thing which is interception and monitoring technology, or
(b)any thing for the time being specified in—
(i)Schedule 2 to the Export Control Order 2008, or
(ii)Annex Ⅰ of the Dual-Use Regulation.
(4C) The definition of “interception and monitoring technology” does not apply to software which is—
(a)generally available to the public, or
(b)in the public domain.
(4D) For the purposes of this Part, the following terms have the meaning given to them in the Dual-Use Regulation—
“basic scientific research”;
“in the public domain”.]
(5) In this Part, any reference to the United Kingdom includes a reference to the territorial sea.
Textual Amendments
F1Words 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)
F2Words in reg. 21(1) inserted (21.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 14) Regulations 2022 (S.I. 2022/850), regs. 1(2), 3
F3Words 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)
F4Word in reg. 21(1) omitted (15.7.2022) by virtue of The Russia (Sanctions) (EU Exit) (Amendment) (No. 11) Regulations 2022 (S.I. 2022/792), regs. 1(2), 3(3)(a) (with reg. 13)
F5Word in reg. 21(1) substituted (15.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 11) Regulations 2022 (S.I. 2022/792), regs. 1(2), 3(3)(b) (with reg. 13)
F6Words in reg. 21(1) inserted (15.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 11) Regulations 2022 (S.I. 2022/792), regs. 1(2), 3(3)(c) (with reg. 13)
F7Word in reg. 21(1) omitted (15.7.2022) by virtue of The Russia (Sanctions) (EU Exit) (Amendment) (No. 11) Regulations 2022 (S.I. 2022/792), regs. 1(2), 3(4)(a) (with reg. 13)
F8Word in reg. 21(1) inserted (15.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 11) Regulations 2022 (S.I. 2022/792), regs. 1(2), 3(4)(b) (with reg. 13)
F9Words in reg. 21(1) inserted (15.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 11) Regulations 2022 (S.I. 2022/792), regs. 1(2), 3(4)(c) (with reg. 13)
F10Words in reg. 21(1) inserted (15.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 11) Regulations 2022 (S.I. 2022/792), regs. 1(2), 3(2) (with reg. 13)
F11Words in reg. 21(1) substituted (29.10.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 15) Regulations 2022 (S.I. 2022/1110), regs. 1(2)(b), 4(2)
F12Words in reg. 21(1) inserted (29.10.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 15) Regulations 2022 (S.I. 2022/1110), regs. 1(2)(b), 4(3)
F13Words in reg. 21(1) inserted (29.10.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 15) Regulations 2022 (S.I. 2022/1110), regs. 1(2)(b), 4(4)
F14Words 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)
F15Words in reg. 21(1) omitted (29.10.2022) by virtue of The Russia (Sanctions) (EU Exit) (Amendment) (No. 15) Regulations 2022 (S.I. 2022/1110), reg. 1(2)(b), Sch. 3 para. 1
F16Words 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)
F17Words 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)
F18Words 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)
F19Words in reg. 21(1) inserted (15.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 11) Regulations 2022 (S.I. 2022/792), regs. 1(2), 3(5) (with reg. 13)
F20Words 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)
F21Words 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)
F22Words in reg. 21(1) inserted (15.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 11) Regulations 2022 (S.I. 2022/792), regs. 1(2), 3(6) (with reg. 13)
F23Words 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
F24Words 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
F25Reg. 21(4A)-(4D) inserted (15.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 11) Regulations 2022 (S.I. 2022/792), regs. 1(2), 3(7) (with reg. 13)
Commencement Information
I1Reg. 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
M1S.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.
21A.—(1) For the purposes of this Part, “interception and monitoring services” means any service that has as its object or effect the interception of a communication in the course of its transmission by means of a telecommunication system.
(2) A person intercepts a communication in the course of its transmission by means of a telecommunication system if, and only if—
(a)the person does a relevant act in relation to the system; and
(b)the effect of the relevant act is to make any content of the communication available, at a relevant time, to a person who is not the sender or intended recipient of the communication.
(3) In paragraph (2) a “relevant act”, in relation to a telecommunication system, means—
(a)modifying, or interfering with, the system or its operation;
(b)monitoring transmissions made by means of the system;
(c)monitoring transmissions made by wireless telegraphy to or from apparatus that is part of the system.
(4) In paragraph (2), a “relevant time”, in relation to a communication transmitted by means of a telecommunication system, means—
(a)any time while the communication is being transmitted; and
(b)any time when the communication is stored in or by the system (whether before or after its transmission).
(5) For the purpose of paragraph (2), the cases in which any content of a communication is to be taken to be made available to a person at a relevant time include any case in which any of the communication is diverted or recorded at a relevant time so as to make the content of the communication available to a person after that time.
(6) In paragraph (3), references to modifying a telecommunication system include references to attaching any apparatus to, or otherwise modifying or interfering with—
(a)any part of the system; or
(b)any wireless telegraphy apparatus used for making transmissions to or from apparatus that is part of the system.
(7) For the purposes of this regulation, the following definitions also apply—
“apparatus” includes any equipment, machinery or device (whether physical or logical) and any wire or cable;
“communication”, for the purpose of a telecommunication system, includes—
anything comprising speech, music, sounds, visual images or data of any description; and
signals serving for the impartation of anything between persons, between a person and a thing or between things, for the actuation or control of any apparatus;
“content”, in relation to a communication and a telecommunication system, means any element of the communication, or any data attached to or logically associated with the communication, which reveals anything of what might reasonably be considered to be the meaning (if any) of the communication, but—
any meaning arising from the fact of the communication or from any data relating to the transmission of the communication is to be disregarded; and
anything which is systems data is not content;
“systems data” means any data that enables or facilitates, or identifies or describes anything connected with enabling or facilitating, the functioning of a telecommunication system (including any apparatus forming part of the system);
“a telecommunication system” means a system (including the apparatus comprised in it) that exists for the purpose of facilitating the transmission of communications by any means involving the use of electrical or electromagnetic energy;
“wireless telegraphy” and “wireless telegraphy apparatus” have the same meaning as in sections 116 and 117 of the Wireless Telegraphy Act 2006.]
Textual Amendments
F26Reg. 21A inserted (15.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 11) Regulations 2022 (S.I. 2022/792), regs. 1(2), 4 (with reg. 13)
Textual Amendments
F27Words 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)
22.—(1) The export of [F28restricted goods] to, or for use in, Russia is prohibited.
[F29(1A) The export of maritime goods for the placing on board of a Russian-flagged vessel is prohibited.]
(2) [F30Paragraphs (1) and (1A) are] subject to Part 7 (Exceptions and licences).
Textual Amendments
F28Words 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)
F29Reg. 22(1A) inserted (15.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 11) Regulations 2022 (S.I. 2022/792), regs. 1(2), 5(1)(a) (with reg. 13)
F30Words in reg. 22(2) substituted (15.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 11) Regulations 2022 (S.I. 2022/792), regs. 1(2), 5(1)(b) (with reg. 13)
Commencement Information
I2Reg. 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)
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 “
” 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
I3Reg. 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)
24.—(1) A person must not—
(a)directly or indirectly supply or deliver [F32restricted 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.
[F33(c)directly or indirectly supply or deliver maritime goods from a third country for the placing on board of a Russian-flagged vessel.]
(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.
[F34(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 supply or delivery was for the placing on board of a Russian-flagged vessel, 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
F31Words 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)
F32Words 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)
F33Reg. 24(1)(c) inserted (15.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 11) Regulations 2022 (S.I. 2022/792), regs. 1(2), 5(2)(a) (with reg. 13)
F34Reg. 24(3)(c) inserted (15.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 11) Regulations 2022 (S.I. 2022/792), regs. 1(2), 5(2)(b) (with reg. 13)
Commencement Information
I4Reg. 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)
25.—(1) A person must not—
(a)directly or indirectly make [F37restricted goods] or [F38restricted technology] available to a person connected with Russia;
(b)directly or indirectly make [F39restricted goods] or [F40restricted technology] available for use in Russia;
(c)directly or indirectly acquire military goods or military technology from a person connected with Russia;
F41(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)directly or indirectly acquire military goods or military technology located in Russia.
[F42(f)directly or indirectly make maritime goods or maritime technology available for the placing on board of a Russian-flagged vessel.]
(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;
F43(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.
[F44(e)it is a defence for a person charged with the offence of contravening paragraph (1)(f) to show that the person did not know and had no reasonable cause to suspect that the goods or technology were to be made available for the placing on board of a Russian-flagged vessel.]
Textual Amendments
F35Words 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)
F36Words 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)
F37Words 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)
F38Words 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)
F39Words 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)
F40Words 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)
F41Reg. 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
F42Reg. 25(1)(f) inserted (15.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 11) Regulations 2022 (S.I. 2022/792), regs. 1(2), 5(3)(a) (with reg. 13)
F43Reg. 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
F44Reg. 25(3)(e) inserted (15.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 11) Regulations 2022 (S.I. 2022/792), regs. 1(2), 5(3)(b) (with reg. 13)
Commencement Information
I5Reg. 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)
26.—(1) A person must not—
(a)transfer [F46restricted technology] to a place in Russia;
(b)transfer [F47restricted 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.
[F48(d)transfer maritime technology to a Russian-flagged vessel.]
(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.
[F49(d)it is a defence for a person charged with the offence of contravening paragraph (1)(d) to show that the person did not know and had no reasonable cause to suspect that the transfer was to a Russian-flagged vessel.]
Textual Amendments
F45Words 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)
F46Words 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)
F47Words 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)
F48Reg. 26(1)(d) inserted (15.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 11) Regulations 2022 (S.I. 2022/792), regs. 1(2), 5(4)(a) (with reg. 13)
F49Reg. 26(3)(d) inserted (15.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 11) Regulations 2022 (S.I. 2022/792), regs. 1(2), 5(4)(b) (with reg. 13)
Commencement Information
I6Reg. 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)
27.—(1) A person must not directly or indirectly provide technical assistance relating to [F50restricted goods] or [F51restricted 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
F50Words 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)
F51Words 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
I7Reg. 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)
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 [F50restricted goods],
(b)the direct or indirect supply or delivery of [F50restricted goods],
(c)directly or indirectly making [F50restricted goods] or [F51restricted technology] available to a person,
(d)the transfer of [F51restricted technology], or
(e)the direct or indirect provision of technical assistance relating to [F50restricted goods] or [F51restricted 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 [F50restricted goods] to, or for use in, Russia;
(b)the direct or indirect supply or delivery of [F50restricted goods] to a place in Russia;
(c)directly or indirectly making [F50restricted goods] or [F51restricted technology] available—
(i)to a person connected with Russia, or
(ii)for use in Russia;
(d)the transfer of [F51restricted 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 [F50restricted goods] or [F51restricted technology]—
(i)to a person connected with Russia, or
(ii)for use in Russia.
F52(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F53(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Paragraphs (1) to [F54(3)] are subject to Part 7 (Exceptions and licences).
(7) A person who contravenes a prohibition in any of paragraphs (1) [F55to (3)] commits an offence, but—
(a)it is a defence for a person charged with an offence of contravening paragraph (1) [F56or (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 [F57.]
F58(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F50Words 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)
F51Words 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)
F52Reg. 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
F53Reg. 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
F54Word 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
F55Words 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
F56Words 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
F57Full 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
F58Reg. 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
I8Reg. 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)
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 [F50restricted goods] from a third country to a place in Russia;
(b)directly or indirectly making [F50restricted 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 [F51restricted 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 [F51restricted 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 [F50restricted goods] or [F51restricted 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—
for the purposes of paragraph (1)(a) and (b), a country that is not the United Kingdom, the Isle of Man or Russia,
for the purposes of any other provision of paragraph (1), a country that is not the United Kingdom or Russia.
Textual Amendments
F50Words 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)
F51Words 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
I9Reg. 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)
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
F59Reg. 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
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
I10Reg. 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)
Textual Amendments
F60Pt. 5 Ch. 2A inserted (15.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 11) Regulations 2022 (S.I. 2022/792), regs. 1(2), 6 (with reg. 13)
30A. In this Chapter—
“relevant restricted goods” means only those restricted goods which are not infrastructure-related goods but which are military goods;
“relevant restricted technology” means only that restricted technology which is military technology.
30B.—(1) The export of relevant restricted goods to, or for use in, non-government controlled Ukrainian territory is prohibited.
(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).
30C.—(1) A person must not directly or indirectly supply or deliver relevant restricted goods from a third country to a place in 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 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 goods were destined (or ultimately destined) for non-government controlled Ukrainian territory.
(4) In this regulation, “third country” means a country that is not the United Kingdom or the Isle of Man.
30D.—(1) A person must not—
(a)directly or indirectly make relevant restricted goods or relevant restricted technology available to a person connected with non-government controlled Ukrainian territory; or
(b)directly or indirectly make relevant restricted goods or relevant restricted technology available for use in 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 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 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 or technology were for use in non-government controlled Ukrainian territory.
30E.—(1) A person must not—
(a)transfer relevant restricted technology to a place in non-government controlled Ukrainian territory; or
(b)transfer relevant restricted technology to a person connected with 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) to show that the person did not know and had no reasonable cause to suspect that the transfer was to a place in non-government controlled Ukrainian territory;
(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 non-government controlled Ukrainian territory.
30F.—(1) A person must not directly or indirectly provide technical assistance relating to relevant restricted goods or relevant restricted technology—
(a)to a person connected with non-government controlled Ukrainian territory; or
(b)for use in 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 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 non-government controlled Ukrainian territory;
(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 non-government controlled Ukrainian territory.
30G.—(1) A person must not directly or indirectly provide, to a person connected with 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 relevant restricted goods;
(b)the direct or indirect supply or delivery of relevant restricted goods;
(c)directly or indirectly making relevant restricted goods or relevant restricted technology available to a person;
(d)the transfer of relevant restricted technology; or
(e)the direct or indirect provision of technical assistance relating to relevant restricted goods or relevant restricted technology.
(2) A person must not directly or indirectly provide funds to a person connected with 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 export of relevant restricted goods to, or for use in, non-government controlled Ukrainian territory;
(b)the direct or indirect supply or delivery of relevant restricted goods to a place in non-government controlled Ukrainian territory;
(c)directly or indirectly making relevant restricted goods or relevant restricted technology available—
(i)to a person connected with non-government controlled Ukrainian territory, or
(ii)for use in non-government controlled Ukrainian territory;
(d)the transfer of relevant restricted technology—
(i)to a person connected with non-government controlled Ukrainian territory, or
(ii)to a place in non-government controlled Ukrainian territory; or
(e)the direct or indirect provision of technical assistance relating to relevant restricted goods or relevant restricted technology—
(i)to a person connected with non-government controlled Ukrainian territory, or
(ii)for use in 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 non-government controlled Ukrainian territory;
(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.
30H.—(1) A person must not directly or indirectly provide brokering services to a person connected with non-government controlled Ukrainian territory in relation to an arrangement whose object or effect is—
(a)the export of relevant restricted goods;
(b)the direct or indirect supply or delivery of relevant restricted goods;
(c)directly or indirectly making relevant restricted goods or relevant restricted technology available to a person;
(d)the transfer of relevant restricted technology; or
(e)the direct or indirect provision of technical assistance relating to relevant restricted goods or relevant restricted technology.
(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.]
Textual Amendments
F61Pt. 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)
31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
I11Reg. 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
M2Command 8941.
40.—[F62(1) The export of energy-related goods to, or for use in, Russia is prohibited.]
(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).
Textual Amendments
F62Reg. 40(1) substituted (21.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 14) Regulations 2022 (S.I. 2022/850), regs. 1(2), 4
Commencement Information
I12Reg. 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)
41.—(1) A person must not directly or indirectly supply or deliver energy-related goods 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 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 goods were destined (or ultimately destined) for Russia.
(4) In this regulation “third country” means a country that is not the United Kingdom, the Isle of Man or Russia.]
Textual Amendments
F63Reg. 41 substituted (21.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 14) Regulations 2022 (S.I. 2022/850), regs. 1(2), 5
42.—(1) A person must not directly or indirectly make energy-related goods available for use in Russia.
[F64(1A) A person must not directly or indirectly make energy-related goods available to a person connected with Russia.]
(2) [F65Paragraphs (1) and (1A) are] 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.
[F66(4) A person who contravenes a prohibition in paragraph (1A) 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 connected with Russia.]
Textual Amendments
F64Reg. 42(1A) inserted (21.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 14) Regulations 2022 (S.I. 2022/850), regs. 1(2), 6(1)
F65Words in reg. 42(2) substituted (21.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 14) Regulations 2022 (S.I. 2022/850), regs. 1(2), 6(2)
F66Reg. 42(4) inserted (21.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 14) Regulations 2022 (S.I. 2022/850), regs. 1(2), 6(3)
Commencement Information
I13Reg. 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)
43.—(1) A person must not directly or indirectly provide technical assistance relating to energy-related goods—
(a)to a person connected with Russia; or
(b)for use in Russia.
(2) Paragraph (1) is subject to Part 7 (Exception 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 were for use in Russia.]
Textual Amendments
F67Reg. 43 substituted (21.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 14) Regulations 2022 (S.I. 2022/850), regs. 1(2), 7
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).
[F69(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 energy related goods to, or for use in, Russia;
(b)the direct or indirect supply or delivery of energy related goods to a place in Russia;
(c)directly or indirectly making energy related goods available—
(i)to a person connected with Russia; or
(ii)for use in Russia;
(d)the direct or indirect provision of technical assistance relating to energy related goods—
(i)to a person connected with Russia, or
(ii)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.
Textual Amendments
F68Words in reg. 44 heading omitted (21.7.2022) by virtue of The Russia (Sanctions) (EU Exit) (Amendment) (No. 14) Regulations 2022 (S.I. 2022/850), regs. 1(2), 8(a)
F69Reg. 44(3) substituted (21.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 14) Regulations 2022 (S.I. 2022/850), regs. 1(2), 8(b)
Commencement Information
I14Reg. 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)
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 F71... from a third country to a place in Russia;
[F72(b)directly or indirectly making energy-related 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)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.
Textual Amendments
F70Words in reg. 45 heading omitted (21.7.2022) by virtue of The Russia (Sanctions) (EU Exit) (Amendment) (No. 14) Regulations 2022 (S.I. 2022/850), regs. 1(2), 9(a)
F71Words in reg. 45(1)(a) omitted (21.7.2022) by virtue of The Russia (Sanctions) (EU Exit) (Amendment) (No. 14) Regulations 2022 (S.I. 2022/850), regs. 1(2), 9(b)
F72Reg. 45(1)(b) substituted (21.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 14) Regulations 2022 (S.I. 2022/850), regs. 1(2), 9(c)
Commencement Information
I15Reg. 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)
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—
[F73“relevant energy services” means specified services necessary for an oil or gas exploration or production project in Russia;]
F74...
“specified services” means any of the following—
drilling;
well testing;
logging and completion services;
supply of specialised floating vessels.
Textual Amendments
F73Words in reg. 46(4) substituted (21.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 14) Regulations 2022 (S.I. 2022/850), regs. 1(2), 10(a)
F74Words in reg. 46(4) omitted (21.7.2022) by virtue of The Russia (Sanctions) (EU Exit) (Amendment) (No. 14) Regulations 2022 (S.I. 2022/850), regs. 1(2), 10(b)
Commencement Information
I16Reg. 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)
Textual Amendments
F75Pt. 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
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) [F76Paragraph (1)(b)] 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.]
Textual Amendments
F76Words in reg. 46A(2) substituted (21.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 14) Regulations 2022 (S.I. 2022/850), regs. 1(2), 11
Textual Amendments
F77Pt. 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
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.]
Textual Amendments
F78Pt. 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
46C. In this Chapter—
“iron and steel products” means any thing specified in Schedule 3B;
“third country” means a country that is not the United Kingdom, the Isle of Man or Russia.]
Textual Amendments
F79Reg. 46C substituted (15.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 11) Regulations 2022 (S.I. 2022/792), regs. 1(2), 7(2) (with reg. 13)
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).
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.
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.]
46G.—(1) A person must not directly or indirectly provide technical assistance relating to—
(a)the import of iron and steel products which—
(i)originate in Russia; or
(ii)are consigned from Russia;
(b)the direct or indirect acquisition of iron and steel products which—
(i)originate in Russia; or
(ii)are located in Russia; or
(c)the direct or indirect supply or delivery of 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—
(a)it is a defence for a person charged with an offence of contravening paragraph (1)(a), to show that the person did not know and had no reasonable cause to suspect that the technical assistance related to an import described in that paragraph;
(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 technical assistance related to an acquisition described in that paragraph;
(c)it is a defence for a person charged with an offence of contravening paragraph (1)(c), to show that the person did not know and had no reasonable cause to suspect that the technical assistance related to a supply or delivery described in that paragraph.
Textual Amendments
F80Regs. 46G-46I inserted (15.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 11) Regulations 2022 (S.I. 2022/792), regs. 1(2), 7(3) (with reg. 13)
46H.—(1) 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 iron and steel products which—
(i)originate in Russia; or
(ii)are consigned from Russia;
(b)the direct or indirect acquisition of iron and steel products which—
(i)originate in Russia; or
(ii)are located in Russia; or
(c)the direct or indirect supply or delivery of 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 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 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
F80Regs. 46G-46I inserted (15.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 11) Regulations 2022 (S.I. 2022/792), regs. 1(2), 7(3) (with reg. 13)
46I.—(1) A person must not directly or indirectly provide brokering services in relation to any arrangements described in regulation 46H(1)(a) to (c).
(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.]
Textual Amendments
F80Regs. 46G-46I inserted (15.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 11) Regulations 2022 (S.I. 2022/792), regs. 1(2), 7(3) (with reg. 13)
Textual Amendments
F81Pt. 5 Chs. 4D-4G inserted (15.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 11) Regulations 2022 (S.I. 2022/792), regs. 1(2), 8 (with reg. 13)
46J. In this Chapter, “Government of Russia” has the meaning given in regulation 6(7);
46K.—(1) A person must not directly or indirectly provide interception and monitoring services to, or for the benefit of, the Government of 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 (“P”) charged with that offence 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 Russia.
46L.—(1) The export of banknotes to, or for use in, Russia is prohibited.
(2) A person must not directly or indirectly—
(a)supply or deliver banknotes to a person connected with Russia;
(b)make banknotes available to a person connected with Russia; or
(c)make banknotes 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.
(5) In this regulation, “banknotes” means—
(a)sterling denominated banknotes issued by the Bank of England and banks in Scotland and Northern Ireland; and
(b)banknotes denominated in any official currency of the European Union.
46M. In this Chapter, “jet fuel and fuel additives” means the goods listed under that heading in Part 8 of Schedule 2A.
46N.—(1) The export of jet fuel and fuel additives to, or for use in, Russia is prohibited.
(2) A person must not directly or indirectly—
(a)supply or deliver jet fuel and fuel additives from a third country to a place in Russia;
(b)make jet fuel and fuel additives available to a person connected with Russia;
(c)make jet fuel and fuel additives 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 jet fuel and fuel additives 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 jet fuel and fuel additives 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.
46O.—(1) A person must not directly or indirectly provide technical assistance relating to jet fuel and fuel additives—
(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), to show that the person did not know and had no reasonable cause to suspect that the technical assistance was to be provided to a person 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 technical assistance related to jet fuel and fuel additives for use in Russia.
46P.—(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 jet fuel and fuel additives;
(b)the direct or indirect supply or delivery of jet fuel and fuel additives;
(c)directly or indirectly making jet fuel and fuel additives available to a person connected with Russia; or
(d)the direct or indirect provision of technical assistance relating to jet fuel and fuel additives.
(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 jet fuel and fuel additives to, or for use in, Russia;
(b)the direct or indirect supply or delivery of jet fuel and fuel additives to a place in Russia;
(c)directly or indirectly making jet fuel and fuel additives available—
(i)to a person connected with Russia, or
(ii)for use in Russia; or
(d)the direct or indirect provision of technical assistance relating to jet fuel and fuel additives—
(i)to a person connected with Russia, or
(ii)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 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 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.
46Q.—(1) A person must not directly or indirectly provide brokering services to a person connected with Russia in relation to an arrangement whose object or effect is—
(a)the export of jet fuel and fuel additives;
(b)the direct or indirect supply or delivery of jet fuel and fuel additives;
(c)directly or indirectly making jet fuel and fuel additives available to a person connected with Russia; or
(d)the direct or indirect provision of technical assistance relating to jet fuel and fuel additives.
(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.
46R. In this Chapter—
“revenue generating goods” means any thing specified in Schedule 3D;
“third country” means a country that is not the United Kingdom, the Isle of Man or Russia.
46S.—(1) The import of revenue generating goods which are consigned from Russia is prohibited.
(2) The import of revenue generating goods which originate in Russia is prohibited.
(3) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences).
46T.—(1) A person must not directly or indirectly acquire revenue generating goods which—
(a)originate in Russia; or
(b)are located in Russia,
with the intention of those goods entering the United Kingdom.
(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.
46U.—(1) A person must not directly or indirectly supply or deliver revenue generating goods from a place in Russia into the United Kingdom.
(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 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.
46V.—(1) A person must not directly or indirectly provide technical assistance relating to—
(a)the import of revenue generating goods which—
(i)originate in Russia, or
(ii)are consigned from Russia;
(b)the direct or indirect acquisition of revenue generating goods which—
(i)originate in Russia, or
(ii)are located in Russia,
with the intention of those goods entering the United Kingdom;
(c)the direct or indirect supply or delivery of revenue generating goods from a place in Russia into the United Kingdom.
(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), to show that the person did not know and had no reasonable cause to suspect that the technical assistance related to an import described in that paragraph;
(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 technical assistance related to an acquisition described in that paragraph;
(c)it is a defence for a person charged with an offence of contravening paragraph (1)(c), to show that the person did not know and had no reasonable cause to suspect that the technical assistance related to a supply or delivery described in that paragraph.
46W.—(1) 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 revenue generating goods which—
(i)originate in Russia, or
(ii)are consigned from Russia; or
(b)the direct or indirect acquisition of revenue generating goods which—
(i)originate in Russia, or
(ii)are located in Russia,
with the intention of those goods entering the United Kingdom;
(c)the direct or indirect supply or delivery of revenue generating goods from a place in Russia into the United Kingdom.
(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 financial services or funds (as the case may be) were provided in pursuance of or in connection with an arrangement mentioned in that paragraph.
46X.—(1) A person must not directly or indirectly provide brokering services in relation to any arrangements described in regulation 46W(1)(a) to (c).
(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.]
Textual Amendments
F82Pt. 5 Chs. 4H-4K inserted (21.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 14) Regulations 2022 (S.I. 2022/850), regs. 1(2), 12
F83Pt. 5 Ch. 4H heading substituted (29.10.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 15) Regulations 2022 (S.I. 2022/1110), reg. 1(2)(b), Sch. 3 para. 10(1)(2)(a)
46Y.—(1) The export of [F85G7 dependency and further goods] to, or for use in, Russia is prohibited.
(2) A person must not directly or indirectly—
(a)supply or deliver [F85G7 dependency and further goods] from a third country to a place in Russia;
(b)make [F85G7 dependency and further goods] available to a person connected with Russia;
(c)make [F85G7 dependency and further 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.
Textual Amendments
F84Words in reg. 46Y heading substituted (29.10.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 15) Regulations 2022 (S.I. 2022/1110), reg. 1(2)(b), Sch. 3 para. 10(1)(2)(b)
F85Words in reg. 46Y substituted (29.10.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 15) Regulations 2022 (S.I. 2022/1110), reg. 1(2)(b), Sch. 3 para. 10(1)(2)(b)
46Z.—(1) A person must not directly or indirectly provide technical assistance relating to [F87G7 dependency and further goods] —
(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 were for use in Russia.
Textual Amendments
F86Words in reg. 46Z heading substituted (29.10.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 15) Regulations 2022 (S.I. 2022/1110), reg. 1(2)(b), Sch. 3 para. 10(1)(2)(c)
F87Words in reg. 46Z(1) substituted (29.10.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 15) Regulations 2022 (S.I. 2022/1110), reg. 1(2)(b), Sch. 3 para. 10(1)(2)(c)
46Z1.—(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 [F89G7 dependency and further goods];
(b)the direct or indirect supply or delivery of [F89G7 dependency and further goods];
(c)directly or indirectly making [F89G7 dependency and further goods] available to a person; or
(d)the direct or indirect provision of technical assistance relating to [F89G7 dependency and further 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 of [F89G7 dependency and further goods] to, or for use in, Russia;
(b)the direct or indirect supply or delivery of [F89G7 dependency and further goods] to a place in Russia;
(c)directly or indirectly making [F89G7 dependency and further goods] available—
(i)to a person connected with Russia, or
(ii)for use in Russia; or
(d)the direct or indirect provision of technical assistance relating to [F89G7 dependency and further goods] —
(i)to a person connected with Russia, or
(ii)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 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 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.
Textual Amendments
F88Words in reg. 46Z1 heading substituted (29.10.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 15) Regulations 2022 (S.I. 2022/1110), reg. 1(2)(b), Sch. 3 para. 10(1)(2)(d)
F89Words in reg. 46Z1 substituted (29.10.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 15) Regulations 2022 (S.I. 2022/1110), reg. 1(2)(b), Sch. 3 para. 10(1)(2)(d)
46Z2.—(1) A person must not directly or indirectly provide brokering services to a person connected with Russia in pursuance of or in connection with an arrangement (“arrangement A”) whose object or effect is—
(a)the export of [F91G7 dependency and further goods];
(b)the direct or indirect supply or delivery of [F91G7 dependency and further goods];
(c)directly or indirectly making [F91G7 dependency and further goods] available to a person;
(d)the direct or indirect provision of technical assistance relating to [F91G7 dependency and further goods];
(e)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 46Z1(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 46Z1(3);
(f)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 46Z1(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 46Z1(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.
[F92(4) In this regulation, “non-UK country” means a country which is not the United Kingdom.]
Textual Amendments
F90Words in reg. 46Z2 heading substituted (29.10.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 15) Regulations 2022 (S.I. 2022/1110), reg. 1(2)(b), Sch. 3 para. 10(1)(2)(e)
F91Words in reg. 46Z2 substituted (29.10.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 15) Regulations 2022 (S.I. 2022/1110), reg. 1(2)(b), Sch. 3 para. 10(1)(2)(e)
46Z3. In this Chapter, “relevant day” means [F935th December 2022].
Textual Amendments
F93Words in reg. 46Z3 substituted (5.12.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 16) Regulations 2022 (S.I. 2022/1122), regs. 1(2), 3
46Z4.—(1) The import of oil and oil products, on or after the relevant day, which are consigned from Russia is prohibited.
(2) The import of oil and oil products, on or after the relevant day, which originate in Russia is prohibited.
(3) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences).
46Z5.—(1) A person must not, on or after the relevant day, directly or indirectly acquire oil and oil products—
(a)which originate in Russia; or
(b)which are located in Russia,
with the intention of those goods entering the United Kingdom.
(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.
46Z6.—(1) A person must not, on or after the relevant day, directly or indirectly supply or deliver oil and oil products from a place in Russia to the United Kingdom.
(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 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.
46Z7.—[F94(1) A person must not, on or after the relevant day, directly or indirectly provide technical assistance relating to—
(a)the import of oil and oil products which—
(i)originate in Russia, or
(ii)are consigned from Russia;
(b)the direct or indirect acquisition of oil and oil products which—
(i)originate in Russia, or
(ii)are located in Russia,
with the intention of those goods entering the United Kingdom;
(c)the direct or indirect supply or delivery of oil and oil products from a place in Russia into the United Kingdom.]
(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).
(3) A person who contravenes any of the prohibitions in paragraph (1) commits an offence, but it is a defence for a person charged with an offence of contravening—
(a)paragraph (1)(a), to show that the person did not know and had no reasonable cause to suspect that the technical assistance related to an import described in that paragraph;
(b)paragraph (1)(b), to show that the person did not know and had no reasonable cause to suspect that the technical assistance related to an acquisition described in that paragraph;
(c)paragraph (1)(c), to show that the person did not know and had no reasonable cause to suspect that the technical assistance related to a supply or delivery described in that paragraph.
Textual Amendments
F94Reg. 46Z7(1) substituted (16.12.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 17) Regulations 2022 (S.I. 2022/1331), reg. 1(2)(b), Sch. 4 para. 1
46Z8.—[F95(1) A person must not, on or after the relevant day, 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 oil and oil products which—
(i)originate in Russia, or
(ii)are consigned from Russia;
(b)the direct or indirect acquisition of oil and oil products which—
(i)originate in Russia, or
(ii)are located in Russia,
with the intention of those goods entering the United Kingdom;
(c)the direct or indirect supply or delivery of oil and oil products from a place in Russia into the United Kingdom.]
[F96(2)] [F97Paragraph (1) is] are subject to Part 7 (Exceptions and licences).
[F98(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 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
F95Reg. 46Z8(1) substituted (16.12.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 17) Regulations 2022 (S.I. 2022/1331), reg. 1(2)(b), Sch. 4 para. 2
F96Reg. 46Z8(3) renumbered as reg. 46Z8(2) (29.10.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 15) Regulations 2022 (S.I. 2022/1110), reg. 1(2)(b), Sch. 3 para. 3(a)
F97Words in reg. 46Z8(2) substituted (29.10.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 15) Regulations 2022 (S.I. 2022/1110), reg. 1(2)(b), Sch. 3 para. 3(b)
F98Reg 46Z8(4) renumbered as reg. 46Z8(3) (29.10.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 15) Regulations 2022 (S.I. 2022/1110), reg. 1(2)(b), Sch. 3 para. 3(c)
46Z9.—(1) A person must not, on or after the relevant day, directly or indirectly provide brokering services in relation to any arrangements described in regulation 46Z8(1)(a) to (c).
(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.
Textual Amendments
F99Pt. 5 Ch. 4IA inserted (5.12.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 16) Regulations 2022 (S.I. 2022/1122), regs. 1(2), 4
46Z9A.—(1) In this Chapter—
“2709 oil and oil products” means those oil and oil products—
falling within commodity code 2709; and
which originate in or are consigned from Russia;
“2710 oil and oil products” means those oil and oil products—
falling within commodity code 2710; and
which originate in or are consigned from Russia;
“first relevant day” means 5th December 2022;
“second relevant day” means 5th February 2023;
“ship” includes every description of vessel (including a hovercraft) used in navigation, except the naval, military or air-force ships of any country;
“third country” means any country other than the United Kingdom, the Isle of Man or Russia.
(2) Paragraph 1 of Schedule 3 applies for determining whether oil and oil products fall within the commodity codes specified in paragraph (1).
46Z9B.—(1) A person must not directly or indirectly, on or after the first relevant day, supply or deliver by ship, 2709 oil and oil products—
(a)from a place in Russia to a third country; or
(b)from one third country to another third country.
(2) A person must not directly or indirectly, on or after the second relevant day, supply or deliver by ship, 2710 oil and oil products—
(a)from a place in Russia to a third country; or
(b)from one third country to another third country.
(3) For the purposes of paragraphs (1) and (2), “supply or deliver by ship” includes any transfer of the goods concerned between ships on which those goods are being supplied or delivered as specified in those paragraphs.
(4) For the purposes of paragraphs (1) and (2), a person supplying or delivering the goods concerned by ship includes a person who owns, controls, charters or operates a ship—
(a)on which those goods are being carried; or
(b)from or to which those goods are being transferred.
(5) For the purposes of paragraph (4), whether a person—
(a)owns a ship is to be determined in accordance with regulation 57I(1)(a);
(b)controls a ship is to be determined in accordance with regulation 57I(1)(b);
(c)has chartered a ship is to be determined in accordance with regulation 57E(3)(c).
(6) Regulation 57I(2) does not apply for the purposes of paragraph (5)(b).
(7) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences).
(8) 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 that prohibition to show that the person did not know and had no reasonable cause to suspect that the supply or delivery related to oil and oil products—
(a)which fell within commodity code 2709; or
(b)which were consigned from or originated in Russia.
(9) A person who contravenes a prohibition in paragraph (2) commits an offence, but it is a defence for a person charged with an offence of contravening that prohibition to show that the person did not know and had no reasonable cause to suspect that the supply or delivery related to oil and oil products—
(a)which fell within commodity code 2710; or
(b)which were consigned from or originated in Russia.
46Z9C.—(1) A person must not directly or indirectly, on or after the first relevant day, provide financial services or funds in pursuance of or in connection with an arrangement whose object or effect is the supply or delivery by ship of 2709 oil and oil products—
(a)from a place in Russia to a third country; or
(b)from one third country to another third country.
(2) A person must not directly or indirectly, on or after the second relevant day, provide financial services or funds in pursuance of or in connection with an arrangement whose object or effect is the supply or delivery by ship of 2710 oil and oil products—
(a)from a place in Russia to a third country; or
(b)from one third country to another third country.
(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 an offence of contravening that prohibition 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 the supply or delivery of oil and oil products—
(a)which fell within commodity code 2709; or
(b)which were consigned from or originated in Russia.
(5) A person who contravenes a prohibition in paragraph (2) commits an offence but it is a defence for a person charged with an offence of contravening that prohibition 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 the supply or delivery of oil and oil products—
(a)which fell within commodity code 2710; or
(b)which were consigned from or originated in Russia.
46Z9D.—(1) A person must not directly or indirectly, on or after the first relevant day, provide brokering services in relation to any arrangements described in regulation 46Z9C(1).
(2) A person must not directly or indirectly, on or after the second relevant day, provide brokering services in relation to any arrangements described in regulation 46Z9C(2).
(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 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 described in that paragraph.
(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 described in that paragraph.]
46Z10. In this Chapter, “relevant day” means the day on which this Chapter comes into force.
46Z11.—(1) The import of gold [F100originating in] Russia is prohibited, where that gold has been exported from Russia on or after the relevant day.
(2) For the purposes of these Regulations, gold has been exported from Russia when—
(a)it has completed the applicable export formalities; and
(b)where the gold was transported by—
(i)land, it has left Russian territory;
(ii)sea, the ship on which it was transported has departed a port in Russia for a destination outside of Russia;
(iii)air, the aircraft on which it was transported has departed an airport in Russia for a destination outside of Russia.
(3) Paragraph (1) is subject to Part 7 (Exceptions and licences).
Textual Amendments
F100Words in reg. 46Z11(1) substituted (29.10.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 15) Regulations 2022 (S.I. 2022/1110), reg. 1(2)(b), Sch. 3 para. 4
46Z12.—(1) A person must not directly or indirectly acquire gold which on or after the relevant day—
(a)originated in Russia; and
(b)is located in Russia,
with the intention of those goods entering the United Kingdom.
(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 gold 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 gold was located in Russia.
46Z13.—(1) A person must not directly or indirectly supply or deliver gold, which originated in Russia on or after the relevant day—
(a)from a place in Russia; or
(b)from a third country,
to the United Kingdom.
(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 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 from a place in Russia or from a third country was of gold which originated in Russia on or after the relevant day, 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.
46Z14.—(1) A person must not directly or indirectly provide technical assistance relating to—
(a)the import of gold which on or after the relevant day—
(i)originated in Russia; or
(ii)is consigned from Russia;
(b)the direct or indirect acquisition of gold which on or after the relevant day—
(i)originated in Russia; and
(ii)is located in Russia,
with the intention of that gold entering the United Kingdom;
(c)the direct or indirect supply or delivery of gold, which originated in Russia on or after the relevant day—
(i)from a place in Russia; or
(ii)from a third country,
to the United Kingdom.
(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 an offence of contravening —
(a)paragraph (1)(a), to show that the person did not know and had no reasonable cause to suspect that the technical assistance related to an import described in that paragraph;
(b)paragraph (1)(b), to show that the person did not know and had no reasonable cause to suspect that the technical assistance related to an acquisition described in that paragraph;
(c)paragraph (1)(c), to show that the person did not know and had no reasonable cause to suspect that the technical assistance related to a supply or delivery described in that paragraph.
46Z15.—[F101(1) 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 gold which on or after the relevant day—
(i)originated in Russia, or
(ii)is consigned from Russia;
(b)the direct or indirect acquisition of gold which on or after the relevant day—
(i)originated in Russia, and
(ii)is located in Russia,
with the intention of that gold entering the United Kingdom;
(c)the direct or indirect supply or delivery of gold, which originated in Russia on or after the relevant day—
(i)from a place in Russia, or
(ii)from a third country,
to the United Kingdom.]
(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 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
F101Reg. 46Z15(1) substituted (16.12.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 17) Regulations 2022 (S.I. 2022/1331), reg. 1(2)(b), Sch. 4 para. 3
46Z16.—(1) A person must not directly or indirectly provide brokering services in relation to any arrangements described in regulation 46Z15(1)(a) to (c).
(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.
Textual Amendments
F102Pt. 5 Ch. 4JA inserted (29.10.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 15) Regulations 2022 (S.I. 2022/1110), regs. 1(2)(b), 5
46Z16A.—(1) In this Chapter—
“relevant day” means the day on which this Chapter comes into force;
“relevant processed gold” means gold which—
has been processed in a third country; and
incorporates gold that, on or after 21st July 2022—
originated in Russia, and
has been exported from Russia;
“third country” means a country that is not the United Kingdom, the Isle of Man or Russia.
(2) For the purposes of this Chapter, a thing has been exported from Russia when—
(a)it has completed the applicable export formalities; and
(b)where the thing was transported by—
(i)land, it has left Russian territory;
(ii)sea, the ship on which it was transported has departed a port in Russia for a destination outside of Russia;
(iii)air, the aircraft on which it was transported has departed an airport in Russia for a destination outside of Russia.
(3) For the purposes of this Chapter, gold is processed where it is—
(a)altered;
(b)transformed in any way; or
(c)subjected to any other type of operation or process.
46Z16B.—(1) The import of gold jewellery originating in Russia is prohibited where the gold jewellery has been exported from Russia on or after the relevant day.
(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).
46Z16C.—(1) The import of relevant processed gold is prohibited.
(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).
46Z16D.—(1) A person must not directly or indirectly acquire gold jewellery which—
(a)originates in Russia; and
(b)is located in Russia,
with the intention of the gold jewellery entering the United Kingdom.
(2) A person must not directly or indirectly acquire gold jewellery which—
(a)originates in Russia; and
(b)on or after the relevant day, has been exported from Russia,
with the intention of the gold jewellery entering the United Kingdom.
(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 the offence of contravening that paragraph to show that the person did not know and had no reasonable cause to suspect that the gold jewellery—
(a)originated in Russia; or
(b)was located in Russia.
(5) A person who contravenes a prohibition in paragraph (2) commits an offence, but it is a defence for a person charged with the offence of contravening that paragraph to show that the person did not know and had no reasonable cause to suspect that the gold jewellery—
(a)originated in Russia; or
(b)had been exported from Russia on or after the relevant day.
46Z16E.—[F103(1) A person must not directly or indirectly provide technical assistance relating to—
(a)the import of gold jewellery which on or after the relevant day—
(i)originated in Russia, or
(ii)is exported from Russia;
(b)the direct or indirect acquisition of gold jewellery which—
(i)originated in Russia, or
(ii)is located in Russia or, on or after the relevant day, has been exported from Russia,
with the intention of that gold jewellery entering the United Kingdom.]
(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 an offence of contravening—
(a)paragraph (1)(a) to show that the person did not know and had no reasonable cause to suspect that the technical assistance related to an import described in that sub-paragraph;
(b)paragraph (1)(b) to show that the person did not know and had no reasonable cause to suspect that the technical assistance related to an acquisition described in that sub-paragraph.
Textual Amendments
F103Reg. 46Z16E(1) substituted (16.12.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 17) Regulations 2022 (S.I. 2022/1331), reg. 1(2)(b), Sch. 4 para. 4
46Z16F.—(1) A person must not directly or indirectly provide technical assistance relating to the import of relevant processed gold.
(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 an offence of contravening paragraph (1) to show that the person did not know and had no reasonable cause to suspect that the technical assistance related to an import described in that paragraph.
46Z16G.—[F104(1) 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 gold jewellery which on or after the relevant day—
(i)originated in Russia, or
(ii)is exported from Russia;
(b)the direct or indirect acquisition of gold which on or after the relevant day—
(i)originated in Russia, or
(ii)is located in Russia,
with the intention of that gold jewellery entering the United Kingdom.]
(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 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
F104Reg. 46Z16G(1) substituted (16.12.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 17) Regulations 2022 (S.I. 2022/1331), reg. 1(2)(b), Sch. 4 para. 5
46Z16H.—(1) 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 the import of relevant processed gold.
(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 financial services or funds (as the case may be) were provided in pursuance of or in connection with an arrangement mentioned in that paragraph.
46Z16I.—(1) A person must not directly or indirectly provide brokering services in the pursuance of, or in connection, with any arrangements described in regulations 46Z16G(1) and 46Z16H(1).
(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 brokering services were provided in relation to an arrangement mentioned in that paragraph.]
46Z17. In this Chapter, “relevant day” means 10th August 2022.
46Z18.—(1) The import of coal and coal products, on or after the relevant day, which are consigned from Russia is prohibited.
(2) The import of coal and coal products, on or after the relevant day, which originate in Russia is prohibited.
(3) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences).
46Z19.—(1) A person must not directly or indirectly, on or after the relevant day, acquire coal and coal products—
(a)which originate in Russia; or
(b)which are located in Russia,
with the intention of those goods entering the United Kingdom.
(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.
46Z20.—(1) A person must not, on or after the relevant day, supply or deliver directly or indirectly coal and coal products from a place in Russia to the United Kingdom.
(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.
46Z21.—[F105(1) A person must not, on or after the relevant day, directly or indirectly provide technical assistance relating to—
(a)the import of coal and coal products which—
(i)originate in Russia, or
(ii)are consigned from Russia;
(b)the direct or indirect acquisition of coal and coal products which—
(i)originate in Russia, or
(ii)are located in Russia,
with the intention of those goods entering the United Kingdom;
(c)the direct or indirect supply or delivery of coal and coal products from a place in Russia into the United Kingdom.]
(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 an offence of contravening—
(a)paragraph (1)(a), to show that the person did not know and had no reasonable cause to suspect that the technical assistance related to an import described in that paragraph;
(b)paragraph (1)(b), to show that the person did not know and had no reasonable cause to suspect that the technical assistance related to an acquisition described in that paragraph;
(c)paragraph (1)(c), to show that the person did not know and had no reasonable cause to suspect that the technical assistance related to a supply or delivery described in that paragraph.
Textual Amendments
F105Reg. 46Z21(1) substituted (16.12.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 17) Regulations 2022 (S.I. 2022/1331), reg. 1(2)(b), Sch. 4 para. 6
46Z22.—[F106(1) A person must not, on or after the relevant day, 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 coal and coal products which—
(i)originate in Russia, or
(ii)are consigned from Russia;
(b)the direct or indirect acquisition of coal and coal products which—
(i)originate in Russia, or
(ii)are located in Russia,
with the intention of those goods entering the United Kingdom;
(c)the direct or indirect supply or delivery of coal and coal products from a place in Russia into the United Kingdom.]
(2) Paragraphs (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 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
F106Reg. 46Z22(1) substituted (16.12.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 17) Regulations 2022 (S.I. 2022/1331), reg. 1(2)(b), Sch. 4 para. 7
46Z23.—(1) A person must not, on or after the relevant day, directly or indirectly provide brokering services in relation to any arrangements described in regulation 46Z22(1)(a) to (c).
(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.]
Textual Amendments
F107Pt. 5 Chs. 4L, 4M inserted (1.1.2023) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 15) Regulations 2022 (S.I. 2022/1110), regs. 1(2)(a), 6
46Z24.—(1) In this Chapter, “liquefied natural gas” means liquefied natural gas falling within commodity code 2711 11 00.
(2) Paragraph 1 of Schedule 3 applies for the purposes of interpreting the definition in paragraph (1).
46Z25.—(1) The import of liquefied natural gas which is consigned from Russia is prohibited.
(2) The import of liquefied natural gas which originates in Russia is prohibited.
(3) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences).
46Z26.—(1) A person must not directly or indirectly acquire liquefied natural gas—
(a)which originates in Russia; or
(b)which is located in Russia,
with the intention of the liquefied natural gas entering the United Kingdom.
(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 liquefied natural gas 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 liquefied natural gas was located in Russia.
46Z27.—[F108(1) A person must not directly or indirectly provide technical assistance relating to—
(a)the import of liquefied natural gas which—
(i)originates in Russia, or
(ii)is consigned from Russia;
(b)the direct or indirect acquisition of liquefied natural gas which—
(i)originates in Russia, or
(ii)is located in Russia,
with the intention of the liquefied natural gas entering the United Kingdom.]
(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).
(3) A person who contravenes any of the prohibitions in paragraph (1) commits an offence, but it is a defence for a person charged with an offence of contravening—
(a)paragraph (1)(a), to show that the person did not know and had no reasonable cause to suspect that the technical assistance related to an import described in that paragraph;
(b)paragraph (1)(b), to show that the person did not know and had no reasonable cause to suspect that the technical assistance related to an acquisition described in that paragraph.
Textual Amendments
46Z28.—[F109(1) 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 liquefied natural gas which—
(i)originates in Russia, or
(ii)is consigned from Russia;
(b)the direct or indirect acquisition of liquefied natural gas which—
(i)originates in Russia, or
(ii)is located in Russia,
with the intention of the liquefied natural gas entering the United Kingdom.]
(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 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
46Z29.—(1) A person must not directly or indirectly provide brokering services in relation to any arrangements described in regulation 46Z28(1)(a) and (b).
(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.
46Z30.—(1) The export of Russia’s vulnerable goods to, or for use in, Russia is prohibited.
(2) A person must not directly or indirectly—
(a)supply or deliver Russia’s vulnerable goods from a third country to a place in Russia;
(b)make Russia’s vulnerable goods available to a person connected with Russia;
(c)make Russia’s vulnerable 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.
46Z31.—(1) A person must not directly or indirectly provide technical assistance relating to Russia’s vulnerable goods—
(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 were for use in Russia.
46Z32.—(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 Russia’s vulnerable goods;
(b)the direct or indirect supply or delivery of Russia’s vulnerable goods;
(c)directly or indirectly making Russia’s vulnerable goods available to a person; or
(d)the direct or indirect provision of technical assistance relating to Russia’s vulnerable 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 of Russia’s vulnerable goods to, or for use in, Russia;
(c)the direct or indirect supply or delivery of Russia’s vulnerable goods to a place in Russia;
(c)directly or indirectly making Russia’s vulnerable goods available—
(i)to a person connected with Russia, or
(ii)for use in Russia; or
(d)the direct or indirect provision of technical assistance relating to Russia’s vulnerable goods—
(i)to a person connected with Russia, or
(ii)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 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;
(a)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.
46Z33.—(1) A person must not directly or indirectly provide brokering services to a person connected with Russia in pursuance of or in connection with an arrangement (“arrangement A”) whose object or effect is—
(a)the export of Russia’s vulnerable goods;
(b)the direct or indirect supply or delivery of Russia’s vulnerable goods;
(c)directly or indirectly making Russia’s vulnerable goods available to a person;
(d)the direct or indirect provision of technical assistance relating to Russia’s vulnerable goods;
(e)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 46Z32(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 46Z32(3);
(f)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 46Z32(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 46Z32(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 other than the United Kingdom.]
Textual Amendments
F110Words 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)
47.—(1) The import of goods which originate in [F111non-government controlled Ukrainian territory] is prohibited.
(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).
Textual Amendments
F111Words 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
I17Reg. 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)
48.—(1) The export of infrastructure-related goods to, or for use in, [F112non-government controlled Ukrainian territory], is prohibited.
(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).
Textual Amendments
F112Words 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
I18Reg. 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)
49.—(1) A person must not directly or indirectly supply or deliver infrastructure-related goods from a third country to a place in [F113non-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 [F113non-government controlled Ukrainian territory].
(4) In this regulation, “third country” means a country that is not the United Kingdom, the Isle of Man or [F113non-government controlled Ukrainian territory].
Textual Amendments
F113Words 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
I19Reg. 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)
50.—(1) A person must not—
(a)directly or indirectly make infrastructure-related goods available to a person connected with [F114non-government controlled Ukrainian territory];
(b)directly or indirectly make infrastructure-related goods available for use in [F114non-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 [F114non-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 [F114non-government controlled Ukrainian territory].
Textual Amendments
F114Words 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
I20Reg. 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)
51.—(1) A person must not directly or indirectly provide technical assistance relating to infrastructure-related goods—
(a)to a person connected with [F115non-government controlled Ukrainian territory], or
(b)for use in [F115non-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 [F115non-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 [F115non-government controlled Ukrainian territory].
Textual Amendments
F115Words 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
I21Reg. 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)
52.—(1) A person must not directly or indirectly provide, to a person connected with [F116non-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 [F116non-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 [F116non-government controlled Ukrainian territory];
(b)the export of infrastructure-related goods to, or for use in, [F116non-government controlled Ukrainian territory],
(c)the direct or indirect supply or delivery of infrastructure-related goods to a place in [F116non-government controlled Ukrainian territory],
(d)directly or indirectly making infrastructure-related goods available—
(i)to a person connected with [F116non-government controlled Ukrainian territory], or
(ii)for use in [F116non-government controlled Ukrainian territory],
(e)the direct or indirect provision of technical assistance relating to infrastructure-related goods—
(i)to a person connected with [F116non-government controlled Ukrainian territory], or
(ii)for use in [F116non-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 [F116non-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
F116Words 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
I22Reg. 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)
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 [F117non-government controlled Ukrainian territory];
(b)the direct or indirect supply or delivery of infrastructure-related goods from a third country to a place in [F117non-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 [F117non-government controlled Ukrainian territory], or
(ii)to a place in [F117non-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 [F117non-government controlled Ukrainian territory], or
(ii)for use in [F117non-government controlled Ukrainian territory],
(e)the direct or indirect provision, in a non-UK country, of financial services—
(i)to a person connected with [F117non-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 [F117non-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 [F117non-government controlled Ukrainian territory].
Textual Amendments
F117Words 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
I23Reg. 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)
53A. Where it is specified in Schedule 2A, 3 or 3C or in any table in those Schedules that this regulation applies in relation to an item, any prohibition or requirement in Chapter 2 of this Part which applies to Russia in relation to that item also applies to non-government controlled Ukrainian territory.]
Textual Amendments
F118Reg. 53A inserted (15.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 11) Regulations 2022 (S.I. 2022/792), regs. 1(2), 9 (with reg. 13)
Textual Amendments
F119Words 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)
54.—(1) A person must not provide—
(a)services relating to a relevant infrastructure sector in [F121non-government controlled Ukrainian territory]; or
(b)services relating to tourism in [F121non-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 [F122non-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 [F122non-government controlled Ukrainian territory].
(4) In this regulation—
“services relating to a relevant infrastructure sector in [F123non-government controlled Ukrainian territory]” means technical assistance, brokering, construction or engineering services directly relating to infrastructure in [F123non-government controlled Ukrainian territory] in any of the following sectors—
transport;
telecommunications;
energy;
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
F120Words 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)
F121Words 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)
F122Words 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)
F123Words 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
I24Reg. 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)
Textual Amendments
F124Pt. 5 Ch. 6A inserted (29.4.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 9) Regulations 2022 (S.I. 2022/477), regs. 1(2), 5
54A.—(1) A person who provides a social media service must take reasonable steps to prevent content that is generated directly on the service, or uploaded to or shared on the service, by a designated person being encountered by a user of the service in the United Kingdom.
(2) A person who provides an internet access service must take reasonable steps to prevent a user of the service in the United Kingdom from accessing, by means of that service, an internet service provided by a designated person.
(3) A person who provides an application store through which an application for an internet service may be downloaded or otherwise accessed must take reasonable steps to prevent a user of the application store in the United Kingdom from downloading or otherwise accessing, by means of that application store, an internet service provided by a designated person.
(4) A person who fails to comply with the requirement in paragraph (1), paragraph (2) or paragraph (3) commits an offence.
(5) In this regulation—
“content” means anything communicated by means of an internet service, whether publicly or privately, including written material or messages, oral communications, photographs, videos, visual images, music and data of any description;
“designated person” means a person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation;
“encounter”, in relation to content, means read, view, hear or otherwise experience content;
“internet access service” means a service that provides access to virtually all (or just some) of the end points of the internet;
“internet service” means a service that is made available by means of the internet;
“social media service” has the meaning given by section 43(3) of the Finance Act 2020.]
Textual Amendments
F125Pt. 5 Ch. 6B inserted (21.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 14) Regulations 2022 (S.I. 2022/850), regs. 1(2), 13
54B. In this Chapter—
[F126(a)“accounting services” has the meaning given in paragraph 2 of Schedule 3J;
(b)“advertising services” has the meaning given in paragraph 3 of Schedule 3J;
(c)“architectural services” has the meaning given in paragraph 4 of Schedule 3J;
(d)“auditing services” has the meaning given in paragraph 5 of Schedule 3J;
(e)“business and management consulting services” has the meaning given in paragraph 6 of Schedule 3J;
(f)“engineering services” has the meaning given in paragraph 7 of Schedule 3J;
(g)“IT consultancy and design services” has the meaning given in paragraph 8 of Schedule 3J;
(h)“public relations services” has the meaning given in paragraph 9 of Schedule 3J.]
Textual Amendments
F126Reg. 54B(a)-(h) substituted for reg. 54B(a)-(c) (16.12.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 17) Regulations 2022 (S.I. 2022/1331), regs. 1(2)(b), 9
54C.—(1) A person must not directly or indirectly provide, to a person connected with Russia—
[F127(a)accounting services,
(b)advertising services,
(c)architectural services,
(d)auditing services,
(e)business and management consulting services,
(f)engineering services,
(g)IT consultancy and design services, or
(h)public relations services.]
(2) Paragraph (1) is subject to Part 7 (exceptions and licences).
(3) A person who contravenes any of the prohibitions in paragraph (1) (“P”) commits an offence, but it is a defence for P to show that P did not know and had no reasonable cause to suspect that the person to whom the services were provided was connected with Russia.]
Textual Amendments
F127Reg. 54C(1)(a)-(h) substituted for reg. 54C(1)(a)-(c) (16.12.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 17) Regulations 2022 (S.I. 2022/1331), regs. 1(2)(b), 10
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 [F128Chapters 2 to 6 and Chapter 6B 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.
Textual Amendments
F128Words in reg. 55(1)(a) substituted (21.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 14) Regulations 2022 (S.I. 2022/850), regs. 1(2), 14
Commencement Information
I25Reg. 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)
56.—(1) Paragraph (2) applies where a person relies on a defence under any of [F129Chapters 2 to 6 and Chapter 6B 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.
Textual Amendments
F129Words in reg. 56 substituted (21.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 14) Regulations 2022 (S.I. 2022/850), regs. 1(2), 15
Commencement Information
I26Reg. 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)
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