19. In this Part—
“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.
Commencement Information
I1Reg. 19 in force at 14.12.2020 by S.I. 2020/1514, reg. 10(1)
Marginal Citations
M1S.I. 2008/3231. Schedule 2 was substituted by S.I. 2017/85 and subsequently amended by S.I. 2017/697; S.I. 2018/165; and S.I. 2018/939. There are other instruments which amend other parts of the Order, which are not relevant to these Regulations.
20.—(1) Paragraphs 32 and 36 of Schedule 1 to the Act (trade sanctions) apply for the purpose of interpreting expressions in this Part.
(2) In this Part, any reference to the United Kingdom includes a reference to the territorial sea.
(3) In this Part—
“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;
“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;
“transfer” has the meaning given by paragraph 37 of Schedule 1 to the Act.
(4) For the purposes of this Part, a person is to be regarded as “connected with” the Central African Republic if the person is—
(a)an individual who is, or an association or combination of individuals who are, ordinarily resident in the Central African Republic,
(b)an individual who is, or an association or combination of individuals who are, located in the Central African Republic,
(c)a person, other than an individual, which is incorporated or constituted under the law of the Central African Republic, or
(d)a person, other than an individual, which is domiciled in the Central African Republic.
Commencement Information
I2Reg. 20 in force at 31.12.2020 by S.I. 2020/1514, reg. 10(2)
21.—(1) The export of military goods to, or for use in, the Central African Republic is prohibited.
(2) Paragraph (1) is subject to Part 6 (Exceptions and licences).
Commencement Information
I3Reg. 21 in force at 31.12.2020 by S.I. 2020/1514, reg. 10(2)
22.—(1) A person must not directly or indirectly supply or deliver military goods from a third country to a place in the Central African Republic.
(2) Paragraph (1) is subject to Part 6 (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 the Central African Republic.
(4) In this regulation, “third country” means a country that is not the United Kingdom, the Isle of Man or the Central African Republic.
Commencement Information
I4Reg. 22 in force at 31.12.2020 by S.I. 2020/1514, reg. 10(2)
23.—(1) A person must not—
(a)directly or indirectly make military goods or military technology available to a person connected with the Central African Republic;
(b)directly or indirectly make military goods or military technology available for use in the Central African Republic.
(2) Paragraph (1) is subject to Part 6 (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 the Central African Republic;
(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 the Central African Republic.
Commencement Information
I5Reg. 23 in force at 31.12.2020 by S.I. 2020/1514, reg. 10(2)
24.—(1) A person must not—
(a)transfer military technology to a place in the Central African Republic;
(b)transfer military technology to a person connected with the Central African Republic.
(2) Paragraph (1) is subject to Part 6 (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 the Central African Republic;
(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 the Central African Republic.
Commencement Information
I6Reg. 24 in force at 31.12.2020 by S.I. 2020/1514, reg. 10(2)
25.—(1) A person must not directly or indirectly provide technical assistance relating to military goods or military technology—
(a)to a person connected with the Central African Republic, or
(b)for use in the Central African Republic.
(2) Paragraph (1) is subject to Part 6 (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 the Central African Republic;
(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 the Central African Republic.
Commencement Information
I7Reg. 25 in force at 31.12.2020 by S.I. 2020/1514, reg. 10(2)
26.—(1) A person must not directly or indirectly provide, to a person connected with the Central African Republic, financial services in pursuance of or in connection with an arrangement whose object or effect is—
(a)the export of military goods,
(b)the direct or indirect supply or delivery of military goods,
(c)directly or indirectly making military goods or military technology available to a person,
(d)the transfer of military technology, or
(e)the direct or indirect provision of technical assistance relating to military goods or military technology.
(2) A person must not directly or indirectly make funds available to a person connected with the Central African Republic 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 military goods to, or for use in, the Central African Republic,
(b)the direct or indirect supply or delivery of military goods to a place in the Central African Republic,
(c)directly or indirectly making military goods or military technology available—
(i)to a person connected with the Central African Republic, or
(ii)for use in the Central African Republic,
(d)the transfer of military technology—
(i)to a person connected with the Central African Republic, or
(ii)to a place in the Central African Republic, or
(e)the direct or indirect provision of technical assistance relating to military goods or military technology—
(i)to a person connected with the Central African Republic, or
(ii)for use in the Central African Republic.
(4) Paragraphs (1) to (3) are subject to Part 6 (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 the Central African Republic;
(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.
Commencement Information
I8Reg. 26 in force at 31.12.2020 by S.I. 2020/1514, reg. 10(2)
27.—(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 military goods from a third country to a place in the Central African Republic,
(b)directly or indirectly making military goods available in a third country for direct or indirect supply or delivery—
(i)to a person connected with the Central African Republic, or
(ii)to a place in the Central African Republic,
(c)directly or indirectly making military technology available in a third country for transfer—
(i)to a person connected with the Central African Republic, or
(ii)to a place in the Central African Republic,
(d)the transfer of military technology from a place in a third country—
(i)to a person connected with the Central African Republic, or
(ii)to a place in the Central African Republic,
(e)the direct or indirect provision, in a non-UK country, of technical assistance relating to military goods or military technology—
(i)to a person connected with the Central African Republic, or
(ii)for use in the Central African Republic,
(f)the direct or indirect provision, in a non-UK country, of financial services—
(i)to a person connected with the Central African Republic, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 26(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 26(3),
(g)directly or indirectly making funds available, in a non-UK country, to a person connected with the Central African Republic, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 26(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 26(3).
(2) Paragraph (1) is subject to Part 6 (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 the Central African Republic, and
for the purposes of any other provision of paragraph (1), a country that is not the United Kingdom or the Central African Republic.
Commencement Information
I9Reg. 27 in force at 31.12.2020 by S.I. 2020/1514, reg. 10(2)
28.—(1) A person must not directly or indirectly provide—
(a)technical assistance,
(b)armed personnel,
(c)financial services or funds, or
(d)brokering services provided 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 armed hostilities in the Central African Republic.
(2) Paragraph (1) is subject to Part 6 (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 armed hostilities in the Central African Republic.
(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 Chapter 2.
Commencement Information
I10Reg. 28 in force at 31.12.2020 by S.I. 2020/1514, reg. 10(2)
29.—(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 Chapter 2 or 3 of this Part, or
(b)to enable or facilitate the contravention of any such prohibition.
(2) A person who contravenes a prohibition in paragraph (1) commits an offence.
Commencement Information
I11Reg. 29 in force at 31.12.2020 by S.I. 2020/1514, reg. 10(2)
30.—(1) Paragraph (2) applies where a person relies on a defence under Chapter 2 or 3 of this Part.
(2) If evidence is adduced which is sufficient to raise an issue with respect to the defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
Commencement Information
I12Reg. 30 in force at 31.12.2020 by S.I. 2020/1514, reg. 10(2)