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The Russia (Sanctions) (EU Exit) Regulations 2019

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The Russia (Sanctions) (EU Exit) Regulations 2019, SCHEDULE 5 is up to date with all changes known to be in force on or before 22 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Regulation 64(2)

SCHEDULE 5U.K.Treasury licences: purposes

This schedule has no associated Explanatory Memorandum

[F1PART A1U.K.Interpretation

Textual Amendments

Interpretation of Schedule 5U.K.

A1.  In this Schedule—

“consular post” has the same meaning as in the Vienna Convention on Consular Relations done at Vienna on 24 April 1963F2, and any reference to the functions of a consular post is to be read in accordance with that Convention;

“diplomatic mission” and any reference to the functions of a diplomatic mission are to be read in accordance with the Vienna Convention on Diplomatic Relations done at Vienna on 18 April 1961F3;

[F4“frozen account” has the meaning given in regulation 58(7);]

“humanitarian assistance activity” includes the work of international and non-governmental organisations carrying out relief activities for the benefit of the civilian population of a country;

“medical goods” includes medicines and medical devices;

[F5“relevant financial authority” means authorities involved in the regulation of financial services in the United Kingdom, including the Financial Conduct Authority, the Prudential Regulation Authority and the Bank of England;]

[F4“relevant institution” has the meaning given in regulation 58(7);]

“spaceflight activity” has the meaning given in section 1(6) of the Space Industry Act 2018.]

Textual Amendments

F2United Nations Treaty Series, vol. 596, p.261.

F3United Nations Treaty Series, vol. 500, p. 95.

PART 1U.K.Asset-freeze etc.

Interpretation [F6of Part 1] U.K.

1.—[F7(1)] In this Part of this Schedule—

“designated person” has the same meaning as it has in Chapter 1 of Part 3 ([F8Asset-freeze etc.]);

“frozen funds or economic resources” means funds or economic resources frozen by virtue of regulation 11, and any reference to a person's frozen funds or economic resources is to funds or economic resources frozen as a consequence of the designation of that person for the purpose of that regulation.

[F9(2) For the purposes of this Part of this Schedule, references to a designated person are to be read as including a person (“C”) who is owned or controlled directly or indirectly (within the meaning of regulation 7) by the designated person (“P”).

(3) When determining for the purposes of paragraph 8 when C became a designated person, C is to be treated as having become a designated person at the same time as P.]

Textual Amendments

Commencement Information

I1Sch. 5 para. 1 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)

Basic needsU.K.

2.—(1) To enable the basic needs of a designated person, or (in the case of an individual) any dependent family member of such a person, to be met.

(2) In the case of an individual, in sub-paragraph (1) “basic needs” includes—

(a)medical needs;

(b)needs for—

(i)food;

(ii)[F10payment] of insurance premiums;

(iii)[F11payment] of tax;

(iv)rent or mortgage payments;

(v)utility payments.

(3) In the case of a person other than an individual, in sub-paragraph (1) “basic needs” includes needs for—

(a)payment of insurance premiums;

(b)payment of reasonable fees for the provision of property management services;

(c)payment of remuneration, allowances or pensions of employees;

(d)payment of tax;

(e)rent or mortgage payments;

(f)utility payments.

(4) In sub-paragraph (1)—

“dependent” means financially dependent;

“family member” includes—

(a)

the wife or husband of the designated person;

(b)

the civil partner of the designated person;

(c)

any parent or other ascendant of the designated person;

(d)

any child or other descendant of the designated person;

(e)

any person who is a brother or sister of the designated person, or a child or other descendant of such a person.

Textual Amendments

Commencement Information

I2Sch. 5 para. 2 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)

Legal servicesU.K.

3.  To enable the payment of—

(a)reasonable professional fees for the provision of legal services, or

(b)reasonable expenses associated with the provision of legal services.

Commencement Information

I3Sch. 5 para. 3 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)

Maintenance of frozen funds and economic resourcesU.K.

4.  To enable the payment of—

(a)reasonable fees, or

(b)reasonable service charges,

arising from the routine holding or maintenance of frozen funds or economic resources.

Commencement Information

I4Sch. 5 para. 4 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)

Extraordinary expensesU.K.

5.  To enable an extraordinary expense of a designated person to be met.

Commencement Information

I5Sch. 5 para. 5 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)

[F12Judicial decisions etc.U.K.

6.  To enable the implementation or satisfaction (in whole or in part) of a judicial, administrative or arbitral decision or lien which is enforceable in the United Kingdom (the “judicial decision”), provided that—

(a)where funds or economic resources are made available to a designated person, they are credited to a frozen account or otherwise frozen by virtue of regulation 11;

(b)where funds or economic resources are made available by a person (including a designated person) to a designated person to enable the implementation or satisfaction of the judicial decision, no other designated person benefits, directly or indirectly.]

Textual Amendments

Extraordinary situationU.K.

7.  To enable anything to be done to deal with an extraordinary situation.

Commencement Information

I6Sch. 5 para. 7 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)

Prior obligationsU.K.

8.  To enable, by the use of a designated person's frozen funds or economic resources, the satisfaction of an obligation of that person (whether arising under a contract, other agreement or otherwise), provided that—

(a)the obligation arose before the date on which the person became a designated person, and

(b)no payments are made to another designated person, whether directly or indirectly.

Commencement Information

I7Sch. 5 para. 8 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)

Consular postsU.K.

9.—(1) To enable anything to be done in order that the functions of a consular post in [F13non-government controlled Ukrainian territory], or of an international organisation enjoying immunities in accordance with international law, may be carried out.

F14(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I8Sch. 5 para. 9 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)

[F15Humanitarian assistance activityU.K.

9A.  To enable anything to be done in connection with the performance of any humanitarian assistance activity.

Textual Amendments

Medical goods or servicesU.K.

9B.—(1) To enable anything to be done in connection with the provision of medical goods or services for the benefit of the civilian population of a country.

(2) To enable the import, export or use of medical goods.

Textual Amendments

FoodU.K.

9C.  To enable anything to be done in connection with the production or distribution of food for the benefit of the civilian population of a country.

Textual Amendments

Diplomatic missions etc.U.K.

9D.—(1) To enable anything to be done in order that the functions of a diplomatic mission or consular post in Russia or of an international organisation enjoying immunities in accordance with international law may be carried out.

(2) To enable anything to be done in order that the functions of a diplomatic mission or consular post of Russia in the United Kingdom may be carried out.

Textual Amendments

[F16PART 1ZAU.K.Divestment etc.

Textual Amendments

Interpretation of Part 1ZAU.K.

9DA.  In this Part—

[F17“designated person” has the same meaning as it has in Chapter 1 of Part 3 (Finance);]

“Government of Russia” has the same meaning as in regulation 6;

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

“non-UK credit or financial institution” has the same meaning as in regulation 17A;

“person concerned” means the Government of Russia or, as the case may be, a designated person [F18or a person who is owned or controlled directly or indirectly (within the meaning of regulation 7) by the designated person];

“UK entity” means a person, other than an individual, incorporated or constituted under the law of any part of the United Kingdom.

Textual Amendments

DivestmentU.K.

9DB.—(1) To enable anything to be done by a UK entity to enable that entity to undertake a relevant transfer.

(2) In sub-paragraph (1), a “relevant transfer” means a transfer of funds or economic resources located in Russia and owned, held or controlled by the UK entity, to a person concerned in order to enable that entity to divest itself, either wholly or partially, of those funds or economic resources.

(3) Where sub-paragraph (4) applies, to enable anything to be done by a UK entity in order to allow that entity to acquire from a person concerned an interest in that entity held by that person.

(4) This sub-paragraph applies where—

(a)the sole consideration for that acquisition is a transfer of funds from the UK entity to the person concerned;

(b)such funds are credited to—

(i)a frozen account held by a relevant institution; or

(ii)an account held by a non-UK credit or financial institution in a non-UK country; and

(c)where paragraph (b)(ii) applies, the law of that non-UK country—

(i)contains relevant and appropriate—

(aa)prohibitions corresponding to those in Part 3 of these Regulations; and

(bb)exceptions corresponding to those in Part 7 of these Regulations; and

(ii)where relevant or appropriate, allows for licences to be granted on grounds corresponding to those in this Schedule.

Enabling others to divest themselves of funds or economic resourcesU.K.

9DC.—(1) To enable anything to be done by a UK entity in order to enable another person (“B”) to undertake a relevant transfer.

(2) In sub-paragraph (1), a “relevant transfer” means a transfer of funds or economic resources located in Russia and owned, held or controlled by B, to a person concerned, in order to enable B to divest itself, either wholly or partially, of those funds or economic resources.

(3) Where sub-paragraph (4) applies, to enable anything to be done by a UK entity in order to enable B to acquire from a person concerned an interest in B held by the person concerned.

(4) This sub-paragraph applies where—

(a)the sole consideration for that acquisition is a transfer of funds from B to the person concerned;

(b)such funds are credited to—

(i)a frozen account held by a relevant institution; or

(ii)an account held by a non-UK credit or financial institution in a non-UK country; and

(c)where paragraph (b)(ii) applies, the law of that non-UK country—

(i)contains relevant and appropriate—

(aa)prohibitions corresponding to those in Part 3 of these Regulations; and

(bb)exceptions corresponding to those in Part 7 of these Regulations; and

(ii)where relevant or appropriate, allows for licences to be granted on grounds corresponding to those in this Schedule.]

[F19Part 1ZBU.K.Insolvency

Textual Amendments

InsolvencyU.K.

9DD.—(1) To enable anything to be done in connection with—

(a)any insolvency and restructuring proceedings relating to an insolvent person,

(b)any other relevant proceedings relating to a person other than an individual, or

(c)proceedings under the insolvency law of a country other than the United Kingdom that correspond to the proceedings in paragraph (a) or (b),

provided that any payments made directly or indirectly to a designated person, or to a person who is owned or controlled directly or indirectly (within the meaning of regulation 7) by the designated person, are credited to a frozen account.

(2) In this paragraph—

“designated person” has the same meaning as it has in Chapter 1 of Part 3 (Finance);

“enactment” has the meaning given in section 54(6) of the Act;

“frozen account” has the meaning given in regulation 58(7);

“insolvency and restructuring proceedings” includes—

(a)

the regimes and proceedings set out in Parts A1 to 6 of the Insolvency Act 1986, Parts 1A to 7 of the Insolvency (Northern Ireland) Order 1989 and so much of Part 1 of that Order as applies for the purposes of those Parts, but excluding—

(i)

proceedings under Chapter 3 of Part 4 (members’ voluntary winding up) of the Insolvency Act 1986, and

(ii)

proceedings under Chapter 3 of Part 5 (members’ voluntary winding up) of the Insolvency (Northern Ireland) Order 1989;

(b)

arrangements and reconstructions under Part 26 of the Companies Act 2006;

(c)

arrangements and reconstructions for companies in financial difficulty under Part 26A of the Companies Act 2006;

(d)

the proceedings and arrangements set out in the Bankruptcy (Scotland) Act 2016;

“insolvent person” means a person (“P”), other than an individual, where—

(a)

P is unable to pay its debts as they fall due, or

(b)

the value of P’s assets is less than the amount of its liabilities, taking into account its contingent and prospective liabilities;

“other relevant proceedings” means—

(a)

the regimes and proceedings set out in—

(i)

sections 367 and 377A to 377J of, or Schedule 19C to, the Financial Services and Markets Act 2000;

(ii)

the Insurers (Reorganisation and Winding Up) (Lloyd’s) Regulations 2005;

(iii)

Parts 1 to 3 of the Banking Act 2009 (including Parts 2 and 3 as applied to building societies by section 90C of the Building Societies Act 1986);

(iv)

the Investment Bank Special Administration Regulations 2011;

(v)

Part 6 of the Financial Services (Banking Reform) Act 2013;

(vi)

the Payment and Electronic Money Institution Insolvency Regulations 2021;

(vii)

Schedule 11 to the Financial Services and Markets Act 2023;

(b)

proceedings under any other special administration regime;

“special administration regime” means provision made by an enactment for an insolvency procedure that—

(a)

is similar or corresponds to the ordinary administration procedure provided for by Schedule B1 to the Insolvency Act 1986 or Schedule B1 to the Insolvency (Northern Ireland) Order 1989, and

(b)

provides for the administrator to have one or more special objectives instead of or in addition to the objectives of ordinary administration.]

PART 1AU.K.Loans and credit arrangements

Humanitarian assistance activityU.K.

9E.  To enable anything to be done in connection with the performance of any humanitarian assistance activity.

Medical goods or servicesU.K.

9F.—(1) To enable anything to be done in connection with the provision of medical goods or services for the benefit of the civilian population of a country.

(2) To enable the import, export or use of medical goods.

FoodU.K.

9G.  To enable anything to be done in connection with the production or distribution of food for the benefit of the civilian population of a country.

Diplomatic missions etc.U.K.

9H.—(1) To enable anything to be done in order that the functions of a diplomatic mission or consular post in Russia, or of an international organisation enjoying immunities in accordance with international law may be carried out.

(2) To enable anything to be done in order that the functions of a diplomatic mission or consular post of Russia in the United Kingdom may be carried out.

SpaceU.K.

9I.  To enable anything to be done in order for a United Kingdom person to undertake spaceflight activity.

Extraordinary situationU.K.

9J.  To enable anything to be done to deal with an extraordinary situation.

PART 1BU.K.Correspondent banking relationships [F20and processing payments]

Textual Amendments

Interpretation of Part 1BU.K.

9K.  In this Part, “designated person” has the meaning given in regulation 17A.

Basic needsU.K.

9L.—(1) To enable the basic needs of a designated person, or a person owned or controlled directly or indirectly (within the meaning of regulation 7) by the designated person, to be met.

(2) In the case of a person other than an individual, in sub-paragraph (1) “basic needs” includes needs for—

(a)payment of insurance premiums;

(b)payment of reasonable fees for the provision of property management services;

(c)payment of reasonable fees for the provision of insolvency services;

(d)payment of remuneration, allowances or pensions of employees;

(e)payment of tax;

(f)rent or mortgage payments;

(g)utility payments.

Legal servicesU.K.

9M.  To enable the payment of—

(a)reasonable professional fees for the provision of legal services to the designated person or a person owned or controlled directly or indirectly (within the meaning of regulation 7) by the designated person, or

(b)reasonable expenses associated with the provision of legal services to the designated person (or a person owned or controlled directly or indirectly (within the meaning of regulation 7) by the designated person.

Financial regulationU.K.

9N.—(1) To enable anything to be done by, or on behalf of, a relevant financial authority for the purposes of the functions of that authority.

F21(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Extraordinary situationU.K.

9O.  To enable anything to be done to deal with an extraordinary situation.

PART 1CU.K.[F22Processing payments]

Textual Amendments

Humanitarian assistance activityU.K.

9P.  To enable anything to be done in connection with the performance of any humanitarian assistance activity.

Medical goods or servicesU.K.

9Q.—(1) To enable anything to be done in connection with the provision of medical goods or services for the benefit of the civilian population of a country.

(2) To enable the import, export or use of medical goods.

FoodU.K.

9R.  To enable anything to be done in connection with the production or distribution of food for the benefit of the civilian population of a country.

Diplomatic missions etc.U.K.

9S.—(1) To enable anything to be done in order that the functions of a diplomatic mission or consular post in Russia, or of an international organisation enjoying immunities in accordance with international law may be carried out.

(2) To enable anything to be done in order that the functions of a diplomatic mission or consular post of Russia in the United Kingdom may be carried out.

SpaceU.K.

9T.  To enable anything to be done in order for a United Kingdom person to undertake spaceflight activity.]

[F23Other licensing purposesU.K.

9TA.  To enable anything to be done in connection with a licence which the Treasury has decided to issue for another purpose specified in this Schedule.]

Textual Amendments

[F24PART 1DU.K.Foreign exchange reserve and asset management services

Textual Amendments

Humanitarian assistance activityU.K.

9U.  To enable anything to be done in connection with the performance of any humanitarian assistance activity.

Financial regulationU.K.

9V.—(1) To enable anything to be done by, or on behalf of, a relevant financial authority for the purposes of the functions of that authority.

F25(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Financial stabilityU.K.

9W.  To enable anything to be done by a person, following consultation by that person (or a person acting on their behalf) with the Bank of England, that is necessary or expedient in order to protect or enhance the stability of the financial system of the United Kingdom.

Safety and soundness of a firmU.K.

9X.  To enable anything to be done by a person, following consultation by that person (or a person acting on their behalf) with the relevant supervising authority or authorities, that is necessary or expedient in order to promote the safety and soundness of a firm which is supervised by the Bank of England, the Prudential Regulation Authority or the Financial Conduct Authority.

Extraordinary situationU.K.

9Y.  To enable anything to be done to deal with an extraordinary situation.]

PART 2U.K.Investment in [F26non-government controlled Ukrainian territory]

Textual Amendments

Consular postsU.K.

10.—(1) To enable anything to be done in order that the functions of a consular post in [F27non-government controlled Ukrainian territory], or of an international organisation enjoying immunities in accordance with international law, may be carried out.

F28(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I9Sch. 5 para. 10 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)

Medical and educational purposesU.K.

11.  To enable the carrying out of projects exclusively in support of—

(a)hospitals, or other public health institutions providing medical services, or

(b)civilian education establishments, located in [F29non-government controlled Ukrainian territory].

Textual Amendments

Commencement Information

I10Sch. 5 para. 11 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)

12.  To enable anything to be done in relation to the provision or maintenance of appliances or equipment for medical use in [F30non-government controlled Ukrainian territory].U.K.

Textual Amendments

Commencement Information

I11Sch. 5 para. 12 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)

Health and the environmentU.K.

13.  To enable anything to be done for the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health or safety, infrastructure or the environment.

Commencement Information

I12Sch. 5 para. 13 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)

[F31PART 3U.K.Investments in relation to Russia

Textual Amendments

Extraordinary situationU.K.

14.  To enable anything to be done to deal with an extraordinary situation.

Humanitarian assistance activityU.K.

15.  To enable anything to be done in connection with the performance of any humanitarian assistance activity.

Medical goods or servicesU.K.

16.—(1) To enable anything to be done in connection with the provision of medical goods or services for the benefit of the civilian population of a country.

(2) To enable the import, export or use of medical goods.

FoodU.K.

17.  To enable anything to be done in connection with the production or distribution of food for the benefit of the civilian population of a country.

Diplomatic missions etc.U.K.

18.—(1) To enable anything to be done in order that the functions of a diplomatic mission or consular post in Russia, or of an international organisation enjoying immunities in accordance with international law, may be carried out.

(2) To enable anything to be done in order that the functions of a diplomatic mission or consular post of Russia in the United Kingdom may be carried out.

Safety and soundness of a firmU.K.

19.  To enable anything to be done by a person, following consultation by that person (or a person acting on their behalf) with the relevant supervising authority or authorities, that is necessary or expedient in order to promote the safety and soundness of a firm which is supervised by the Bank of England, the Prudential Regulation Authority or the Financial Conduct Authority.

SpaceU.K.

20.  To enable anything to be done for a United Kingdom person to undertake spaceflight activity.]

[F32PART 3AU.K.Trust services

Textual Amendments

Extraordinary situationU.K.

20A.  To enable anything to be done to deal with an extraordinary situation.

Humanitarian assistance activityU.K.

20B.  To enable anything to be done in connection with the performance of any humanitarian assistance activity.

Medical goods or servicesU.K.

20C.—(1) To enable anything to be done in connection with the provision of medical goods or services for the benefit of the civilian population of a country.

(2) To enable the import, export or use of medical goods.

FoodU.K.

20D.  To enable anything to be done in connection with the production or distribution of food for the benefit of the civilian population of a country.

Diplomatic missions etc.U.K.

20E.—(1) To enable anything to be done in order that the functions of a diplomatic mission or consular post in Russia, or of an international organisation enjoying immunities in accordance with international law, may be carried out.

(2) To enable anything to be done in order that the functions of a diplomatic mission or consular post of Russia in the United Kingdom may be carried out.

Safety and soundness of a firmU.K.

20F.  To enable anything to be done by a person, following consultation by that person (or a person acting on their behalf) with the relevant supervising authority or authorities, that is necessary or expedient in order to promote the safety and soundness of a firm which is supervised by the Bank of England, the Prudential Regulation Authority or the Financial Conduct Authority.

Financial regulationU.K.

20G.  To enable anything to be done by, or on behalf of, a relevant financial authority for the purposes of the functions of that authority.

Financial stabilityU.K.

20H.  To enable anything to be done by a person, following consultation by that person (or a person acting on their behalf) with the Bank of England, that is necessary or expedient in order to protect or enhance the stability of the financial system of the United Kingdom.

Unauthorised unit trust schemesU.K.

20I.—(1) To enable the provision of trust services by the operator or trustee of an unauthorised unit trust scheme in relation to that scheme, provided that the condition in sub-paragraph (2) is met.

(2) The condition in this sub-paragraph is that the trust services are not provided primarily to or for the benefit of a designated person or a person connected with Russia.

(3) Terms used in this paragraph are to be construed in accordance with regulation 60ZZB.]

[F33PART 4U.K.Maritime transportation of certain oil and oil products

Textual Amendments

Extraordinary situationU.K.

21.  To enable anything to be done to deal with an extraordinary situation.]

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