PART 5Trade
CHAPTER 3Dual-use goods and dual-use technology
Financial services and funds relating to dual-use goods and dual-use technologyI135
1
A person must not directly or indirectly provide, to a person connected with Myanmar, financial services in pursuance of or in connection with an arrangement whose object or effect is—
a
the export of dual-use goods for military use,
b
the direct or indirect supply or delivery of dual-use goods for military use,
c
directly or indirectly making dual-use goods or dual-use technology for military use available to a person,
d
the transfer of dual-use technology for military use, or
e
the direct or indirect provision of technical assistance relating to dual-use goods or dual-use technology for military use.
2
A person must not directly or indirectly make funds available to a person connected with Myanmar in pursuance of or in connection with an arrangement mentioned in paragraph (1).
3
A person must not directly or indirectly provide, to the Myanmar security forces, financial services or funds in pursuance of or in connection with an arrangement whose object or effect is—
a
the export of dual-use goods,
b
the direct or indirect supply or delivery of dual-use goods,
c
directly or indirectly making dual-use goods or dual-use technology available to a person,
d
the transfer of dual-use technology, or
e
the direct or indirect provision of technical assistance relating to dual-use goods or dual-use technology.
4
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 to Myanmar of dual-use goods for military use,
b
the export of dual-use goods for military use in Myanmar,
c
the export of dual-use goods to or for use by the Myanmar security forces,
d
the direct or indirect supply or delivery of dual-use goods for military use to a place in Myanmar,
e
the direct or indirect supply or delivery of dual-use goods to, or for use by, the Myanmar security forces,
f
directly or indirectly making available, to a person connected with Myanmar, dual-use goods for military use or dual-use technology for military use,
g
directly or indirectly making available dual-use goods for military use in Myanmar or dual-use technology for military use in Myanmar,
h
directly or indirectly making available dual-use goods or dual-use technology to, or for use by, the Myanmar security forces,
i
the transfer of dual-use technology for military use—
i
to a person connected with Myanmar, or
ii
to a place in Myanmar,
j
the transfer of dual-use technology to the Myanmar security forces,
k
the direct or indirect provision of technical assistance relating to dual-use goods for military use or dual-use technology for military use to a person connected with Myanmar,
l
the direct or indirect provision of technical assistance relating to dual-use goods for military use in Myanmar or dual-use technology for military use in Myanmar,
m
the direct or indirect provision of technical assistance relating to dual-use goods or dual-use technology to the Myanmar security forces, or
n
the direct or indirect provision of technical assistance relating to dual-use goods or dual-use technology for use by the Myanmar security forces.
5
Paragraphs (1) to (4) are subject to Part 6 (Exceptions and licences).
6
A person who contravenes a prohibition in any of paragraphs (1) to (4) 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 Myanmar;
b
it is a defence for a person charged with an offence of contravening a prohibition in paragraph (3) (“P”) to show that P did not know and had no reasonable cause to suspect that the financial services or funds (as the case may be) were provided to the Myanmar security forces;
c
it is a defence for a person charged with an offence of contravening a prohibition in paragraph (4) (“P”) to show that P 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.