The Republic of Belarus (Sanctions) (Overseas Territories) (Amendment) Order 2022

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes amendments to the Republic of Belarus (Sanctions) (Overseas Territories) Order 2020 (S.I. 2020/1271) (“the Principal Order”).

The Principal Order extends with modifications the sanctions regime established by the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/600) (“the 2019 Regulations”) as amended from time to time to all British overseas territories except Bermuda and Gibraltar (which implement sanctions through their own domestic legislation).

The 2019 Regulations have most recently been amended by the Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748) (“the 2022 amending regulations”), which made a number of changes, including:

• adding new purposes and designation criteria to the 2019 regulations, targeting the role of the Government of Belarus in supporting Russia’s actions in respect of Ukraine, as well as introducing a power to designate persons by description and related changes.

• widening the existing financial sanctions relating to Belarus and introducing a new prohibition on providing financial services for the purpose of foreign exchange reserve and asset management of the Central Bank of Belarus and the Ministry of Finance of Belarus and related persons;

• widening trade sanctions relating to Belarus, imposing new export restrictions on goods and technology relating to critical industry, quantum computing and oil refining, and luxury goods, while widening prohibitions in relation to dual-use goods and technology. New import restrictions were also imposed on mineral products, arms and related materiel, iron and steel. A range of related trade activities were prohibited, including technical assistance and financial services relating to certain other prohibited trade activities, and enabling or facilitating military activities. An existing prohibition on providing technical assistance to designated persons in relation to aircraft was widened to include technical assistance provided in relation to ships;

• adding new aircraft and shipping sanctions. Aircraft restrictions were widened so that it became an offence for certain Belarus-related aircraft to land in, or overfly, the UK, and for such aircraft to be registered in the UK. Part 5 also added shipping restrictions, prohibiting certain Belarus-related or other specified ships from entering UK ports or being registered in the UK, and providing powers to the Secretary of State to direct the movement and detention of such ships.

• making amendments to exceptions and licensing powers, including by adding new exceptions in respect of new trade provisions;

• making related changes to information and enforcement powers, and to Schedules.

This Order makes the necessary amendments to the Principal Order to give effect in the relevant British overseas territories to those changes made to the 2019 sanctions regime by the 2022 amending regulations.

An Impact Assessment has not been prepared for this Order: the territorial extent of both this Order and the Principal Order is the British overseas territories listed in the Schedule to this Order and no, or no significant, impact is foreseen on the private, voluntary or public sector in the United Kingdom.