The Afghanistan (Sanctions) (EU Exit) Regulations 2020

Brokering services: non-UK activity relating to military goods and military technology

21.—(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 non-UK country to, or for the benefit of, a designated person,

(b) directly or indirectly making military goods available in a non-UK country for direct or indirect supply or delivery to, or for the benefit of, a designated person,

(c) directly or indirectly making military technology available in a non-UK country for transfer to, or for the benefit of, a designated person,

(d) the transfer of military technology from a place in a non-UK country to, or for the benefit of, a designated person,

(e) the direct or indirect provision in a non-UK country of technical assistance relating to military goods or military technology to, or for the benefit of, a designated person,

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

(i) to, or for the benefit of, a designated person where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 20(1) (financial services and funds relating to military goods and military technology), or

(ii) where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 20(3),

(g) directly or indirectly making funds available in a non-UK country to, or for the benefit of, a designated person where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 20(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 20(3).

(2) Paragraph (1) is subject to Part 5 (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)

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

(b)

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