Military activities or otherwise enabling or facilitating the conduct of armed hostilities
38.—(1) A person must not directly or indirectly provide anything falling within paragraph (2) to or for the benefit of the Tatmadaw, or to any person acting on its behalf or under its direction, where such provision—
(a)relates to the military activities of the recipient in Myanmar, or
(b)otherwise enables or facilitates the conduct of armed hostilities in Myanmar.
(2) The following fall within this paragraph—
(a)technical assistance,
(b)armed personnel,
(c)financial services or funds, or
(d)brokering services 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).
(3) Paragraph (1) is subject to Part 6 (Exceptions and licences).
(4) A person who contravenes the prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with that offence (“P”) to show that P did not know and had no reasonable cause to suspect that the provision as mentioned in paragraph (1)—
(a)was to or for the benefit of the Tatmadaw, or to any person acting on its behalf or under its direction, or
(b)related to the military activities of the recipient in Myanmar or would otherwise enable or facilitate the conduct of armed hostilities in Myanmar.
(5) 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”.
(6) Nothing in this regulation is to be taken to limit the meaning of any of the prohibitions contained in Chapters 2 to 4 of this Part.