The Republic of Belarus (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made under the Sanctions and Anti-Money Laundering Act 2018 (c. 13) to add new measures to the sanctions regime in relation to Belarus. The Regulations amend the Belarus (EU Exit) (Sanctions) Regulations 2019 (S.I. 2019/600) (“the 2019 Regulations”). The Regulations revoke and replace the Belarus (EU Exit) (Sanctions) (Amendment) Regulations 2021 (S.I. 2021/922). These Regulations make substantially the same amendments made by S.I. 2021/922 except that they correct a small number of defects.

Part 2 of the Regulations amends the provisions in the 2019 Regulations which confer powers on the Secretary of State to designate persons. Regulation 5 amends the 2019 Regulations to confer a power on the Secretary of State to designate persons for the purpose of new prohibitions on technical assistance relating to aircraft. Regulation 6 expands the criteria for designation to include providing support for or obtaining an economic benefit from the Government of Belarus as a way in which persons can be involved in specified activities.

Part 3 of the Regulations adds new financial sanctions to Part 3 of the 2019 Regulations. New restrictions are imposed on dealing with certain financial instruments, providing loans and credit and providing insurance and reinsurance services. These Regulations correct an error in the application of regulation 30A of the 2019 Regulations to these new restrictions.

Part 4 of the Regulations amends Part 5 of the 2019 Regulations, on trade. New restrictions are imposed in relation to trade in interception and monitoring goods and technology (as specified in new Schedule 2A) and interception and monitoring services, dual-use goods and technology, goods for the tobacco industry, petroleum products and potash (as defined in new Schedule 2B). Restrictions are also imposed in relation to the provision of technical assistance relating to aircraft. These Regulations correct a defect which was introduced into regulation 23 of the 2019 Regulations by S.I. 2021/922.

Under regulation 21, a new Part 5A is added to the 2019 Regulations, conferring powers on the Secretary of State, air traffic control and airport operators to make directions for the purpose of preventing certain aircraft from entering the airspace over the United Kingdom or landing in the United Kingdom, or requiring aircraft to leave the airspace over the United Kingdom.

Part 6 of these Regulations provides for licensing and exceptions from the new restrictions, by amendments to Part 6 of the 2019 Regulations.

Part 7 of these Regulations makes a number of consequential amendments to the provisions of the 2019 Regulations on information and enforcement (including maritime enforcement) of the sanctions measures.

These Regulations also correct typographical errors that were made in S.I. 2021/922.

A full impact assessment was published alongside the Belarus (EU Exit) (Sanctions) (Amendment) Regulations 2021 and is available at https://www.gov.uk/government/collections/uk-sanctions-on-the-republic-of-belarus, or from the Foreign, Commonwealth and Development Office, King Charles Street, London SW1A 2AH.