The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022

PART 1 General

Citation and commencement

1.—(1) These Regulations may be cited as the Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022.

(2) These Regulations come into force on 5th July 2022.

Amendment of the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019

2.  The Republic of Belarus (Sanctions) (EU Exit) Regulations 2019(1) are amended as set out in regulations 3 to 44.

Interpretation

3.  In regulation 2 (interpretation)—

(a) in paragraph (1), insert the following definitions in the appropriate places—

““aircraft licence” means a licence under regulation 33A;”;

““the Amendment Regulations 2022” means the Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022;”;

(b) in paragraph (2), for “Part 5 (Trade) and Part 5A (Aircraft)”, substitute “Part 3 (Finance), Part 5 (Trade), Part 5A (Aircraft), Part 5B (Ships) and Part 6 (Exceptions and licences)”.

Application of prohibitions and requirements outside the United Kingdom

4.  In regulation 3 (application of prohibitions and requirements outside the United Kingdom)—

(a) in paragraph (3)—

(i) for sub-paragraph (a), substitute—

“(a) regulation 9(2) (confidential information),”;

(ii) at the end of sub-paragraph (ca), omit “or”;

(iii) after sub-paragraph (ca), insert—

“(cb) by Part 5B (Ships), or”;

(b) in paragraph (5), omit “or a requirement imposed by a direction under regulation 29A(2) (direction by air traffic control to operator or pilot of Belarusian aircraft),”;

(c) in paragraph (6)—

(i) in paragraph (a), for “that Part, or”, substitute “that Part,”;

(ii) in paragraph (b), for “Treasury licence or a trade licence”, substitute “Treasury licence, a trade licence or an aircraft licence”;

(iii) after paragraph (b), insert—

“(c) by a direction under regulation 29A(2) (direction by air traffic control to operator or pilot of Belarusian aircraft), or

(d) by a direction under regulation 29H (movement of ships).”.

PART 2 Purposes and designation

Purposes

5.  In regulation 4 (purposes)—

(a) at the end of paragraph (c), omit “and”;

(b) after paragraph (1)(d) insert—

“(e) cease actions destabilising Ukraine or undermining or threatening the territorial integrity, sovereignty or independence of Ukraine, including by supporting or facilitating Russia’s actions in respect of Ukraine, and

(f) refrain from any other action which undermines or threatens peace, security or stability in Europe.”.

Power to designate persons

6.  In regulation 5 (power to designate persons)—

(a) in paragraph (1) (power to designate persons), for sub-paragraph (c) substitute—

“(c) regulation 27N (technical assistance in relation to aircraft and ships);

(d) regulations 29A and 29CA (aircraft);

(e) regulations 29F, 29H, 29I and 29J (ships: prohibition on port entry etc.).”;

(b) after paragraph (1) insert—

“(1A) The Secretary of State may provide that persons of a description specified by the Secretary of State are designated persons for the purposes of any of the following—

(a) regulations 11 to 15 (finance);

(b) regulation 17 (immigration);

(c) regulation 27N (technical assistance relating to aircraft and ships);

(d) regulations 29A and 29CA (aircraft);

(e) regulations 29F, 29H, 29I and 29J (ships: prohibition on port entry etc.).”;

(c) in paragraph (2), after “paragraph (1)” insert “or (1A)”;

(d) at the end insert—

“(3) For the purposes of these Regulations, persons “designated under regulation 5” for the purpose of a particular regulation means—

(a) persons who are designated by name under paragraph (1) for the purposes of that particular regulation, and

(b) where the Secretary of State makes provision under paragraph (1A) that persons of a specified description are designated persons for the purposes of that particular regulation, persons of that description.”.

Conditions for designation

7.  Before regulation 6 (designation criteria), insert—

“Conditions for the designation of persons by name

5A.— (1) The Secretary of State may choose whether to designate a person under regulation 5(1) (power to designate persons by name) in accordance with—

(a) the standard procedure, or

(b) the urgent procedure.

(2) Paragraph (3) applies where the Secretary of State chooses to designate a person mentioned in regulation 5(1) under the standard procedure.

(3) The Secretary of State may not provide that a person is a designated person under regulation 5(1) except where condition A is met.

(4) Condition A is that the Minister has reasonable grounds to suspect that that person is an involved person.

(5) Paragraphs (6) to (8) apply where the Secretary of State chooses to designate a person mentioned in regulation 5(1) under the urgent procedure.

(6) The Secretary of State may designate a person mentioned in regulation 5(1) where condition A is not met, but conditions B and C are met.

(7) The person ceases to be a designated person at the end of the period of 56 days beginning with the day following the day on which the person became a designated person unless, within that period, the Secretary of State certifies that—

(a) condition A is met, or

(b) conditions B and C continue to be met.

(8) Where the Secretary of State makes a certification under paragraph (7)(b), the designation ceases to have effect at the end of the period of 56 days beginning with the day immediately following the period mentioned in paragraph (7), unless within that period the Secretary of State certifies that condition A is met.

(9) Condition B is that relevant provision (whenever made) applies to, or in relation to, the person under the law of—

(a) the United States of America;

(b) the European Union;

(c) Australia;

(d) Canada.

(10) Condition C is that the Secretary of State considers that it is in the public interest to make designations under the urgent procedure.

(11) For the purposes of Condition B, “relevant provision” is provision that the Secretary of State considers—

(a) corresponds, or is similar, to the type of sanction or sanctions in these Regulations, or

(b) is made for purposes corresponding, or similar, to any purpose of any type of sanction or sanctions in these Regulations.

(12) In this regulation, “involved person” has the meaning given in regulation 6(2) (meaning of involved person).

Conditions for the designation of persons by description

5B.— (1) The Secretary of State may choose whether persons mentioned in regulation 5(1A) (power to designate persons by description) are designated persons under—

(a) the standard procedure, or

(b) the urgent procedure.

(2) Paragraph (3) applies where the Secretary of State chooses that persons mentioned in regulation 5(1A) are designated persons under the standard procedure.

(3) The Secretary of State may not provide that persons of a specified description are designated persons under regulation 5(1A) except where conditions A and C are met.

(4) Paragraphs (5) to (7) apply where the Secretary of State chooses that persons mentioned in regulation 5(1A) are designated persons under the urgent procedure.

(5) The Secretary of State may provide that persons of a specified description are designated persons where condition C is not met, but conditions A, D and E are met.

(6) The persons of the specified description cease to be designated persons at the end of the period of 56 days beginning with the day following the day on which the persons became designated persons unless, within that period, the Secretary of State certifies that—

(a) conditions A and C are met, or

(b) conditions A, D and E continue to be met.

(7) Where the Secretary of State makes a certification under paragraph (6)(b), the designation ceases to have effect at the end of the period of 56 days beginning with the day immediately following the period mentioned in paragraph (6), unless within that period the Secretary of State certifies that conditions A and C are met.

(8) Condition A is that the description of persons specified is such that a reasonable person would know whether that person fell within it.

(9) Condition C is that the Secretary of State has reasonable grounds to suspect—

(a) in a case where the specified description is members of a particular organisation, that the organisation is an involved person, or

(b) in the case of any other specified description, that any person falling within that description would necessarily be an involved person.

(10) Condition D is that the description of persons specified is of persons (or some persons) to which, or in relation to which, relevant provision (whenever made) applies under the law of—

(a) the United States of America;

(b) the European Union;

(c) Australia;

(d) Canada.

(11) Condition E is that the Secretary of State considers that it is in the public interest to provide that persons of a specified description are designated persons under the urgent procedure.

(12) For the purposes of Condition D, “relevant provision” is provision that the Secretary of State considers—

(a) corresponds, or is similar, to the type of sanction or sanctions in these Regulations, or

(b) is made for purposes corresponding, or similar, to any purpose of any type of sanction or sanctions in these Regulations.

(13) In this regulation—

“involved person” has the meaning given in regulation 6(2) (meaning of “involved person”);

“organisation” includes any body, association or combination of persons.”

Designation criteria: meaning of “involved person”

8.  In regulation 6—

(a) in the heading, for “criteria”, substitute “criteria: meaning of “involved person””;

(b) omit paragraph (1);

(c) in paragraph (2)—

(i) for “In this regulation”, substitute “For the purposes of regulations 5A(4) (condition relating to the designation of persons by name) and 5B(9) (condition relating to designation of persons by description)”;

(ii) in sub-paragraph (a)—

(aa) at the end of paragraph (iii), omit “or”;

(bb) after paragraph (iv), insert—

“(v) conduct destabilising Ukraine or undermining or threatening the territorial integrity, sovereignty or independence of Ukraine, including by supporting or facilitating Russia’s actions in respect of Ukraine, in particular by—

(aa) providing logistical support to the Russian army, or

(bb) spreading disinformation about Russia’s invasion of Ukraine,

(vi) other actions undermining or threatening peace, security or stability in Europe, or

(vii) obtaining a benefit from or supporting the Government of Belarus through carrying on a relevant business activity,”;

(d) in paragraph (3)—

(i) for “paragraphs (2)(a)(i) to (iv)” substitute “paragraphs (2)(a)(i) to (vi)”;

(ii) in sub-paragraph (c), for “restricted goods and restricted technology” substitute “goods or technology mentioned in regulation 23(1A) (making available goods and technology to a person connected with, or for use in, Belarus)”;

(e) after paragraph (3), insert—

“(3A) For the purposes of this regulation, being “involved in obtaining a benefit from or supporting the Government of Belarus through carrying on a relevant business activity” means—

(a) carrying on business as a Government of Belarus-affiliated entity,

(b) carrying on business of economic significance to the Government of Belarus,

(c) carrying on business in a sector of strategic significance to the Government of Belarus, or

(d) owning or controlling directly or indirectly (within the meaning of regulation 7), or working as a manager, director (whether executive or non-executive), trustee, or equivalent, of—

(i) a Government of Belarus-affiliated entity, or

(ii) a person, other than an individual, which falls within sub-paragraph (b) or (c).”;

(f) for paragraph (4), substitute—

“(4) In this regulation—

“Belarusian authority” has the meaning given in regulation 15D;

“Government of Belarus-affiliated entity” means a person, other than an individual—

(a)

which is owned or controlled directly or indirectly (within the meaning of regulation 7) by the President of Belarus or a Belarusian authority,

(b)

in which the President of Belarus or a Belarusian authority holds directly or indirectly a minority interest,

(c)

which receives, or has received, financing, directly or indirectly, from the President of Belarus or a Belarusian authority, or

(d)

which otherwise obtains a financial benefit or other material benefit from the President of Belarus or a Belarusian authority;

“minority interest” means any shareholding, voting right or right to appoint or remove members of the board of directors which does not meet the condition set out in regulation 7(2);

“relevant provision” means—

(a)

any provision of Parts 3 (Finance), 5 (Trade), 5A (Aircraft) or 5B (Ships);

(b)

any provision of the law of a country other than the United Kingdom made for purposes corresponding to a purpose of any provision of Parts 3 (Finance), 5 (Trade), 5A (Aircraft) or 5B (Ships);

“sector of strategic significance to the Government of Belarus” means—

(a)

the Belarusian chemicals sector;

(b)

the Belarusian construction sector;

(c)

the Belarusian defence sector;

(d)

the Belarusian electronics sector;

(e)

the Belarusian energy sector;

(f)

the Belarusian extractives sector;

(g)

the Belarusian forestry sector;

(h)

the Belarusian financial services sector;

(i)

the Belarusian information, communications and digital technologies sector;

(j)

the Belarusian mechanical engineering sector;

(k)

the Belarusian metallurgy sector;

(l)

the Belarusian transport sector.”;

(g) omit paragraph (7).

Notification and publicity where power to designate by name is used

9.  In regulation 8 (notification and publicity where designation power used)—

(a) in the heading, for “designation power” substitute “power to designate by name”;

(b) in paragraph (1)—

(i) in sub-paragraph (a), for “regulation 5” substitute “regulation 5(1)”;

(ii) in sub-paragraph (b), for “that regulation” substitute “that paragraph of that regulation”;

(c) for paragraph (3) substitute—

“(3) The information given under paragraph (2)(a)—

(a) where the Secretary of State designates a person under the standard procedure, must include a statement of reasons;

(b) where the Secretary of State designates a person under the urgent procedure, must include a statement—

(i) that the designation is made under the urgent procedure,

(ii) identifying the relevant provision by reference to which the Secretary of State considers that condition B is met in relation to the person, and

(iii) setting out why the Secretary of State considers that condition C is met.

(3A) Where the Secretary of State designates a person under the urgent procedure, the Secretary of State must, after the end of the period mentioned in paragraph (7) of regulation 5A (conditions for the designation of persons by name), or if the Secretary of State has made a certification under paragraph (7)(b) of that regulation, the period mentioned in paragraph (8) of that regulation, but otherwise without delay—

(a) in a case where the person ceases to be a designated person, take such steps as are reasonably practicable to inform the person that they have ceased to be a designated person, or

(b) in any other case, take such steps as are reasonably practicable to give the person a statement of reasons.”;

(d) for paragraph (4), substitute—

“(4) In this regulation, a “statement of reasons” means a brief statement of the matters that the Secretary of State knows, or has reasonable grounds to suspect, in relation to the person—

(a) in the case of a designation under the standard procedure, which have led the Secretary of State to make designation, and

(b) in the case of a designation under the urgent procedure, as a result of which the person does not cease to be a designated person at the end of the period mentioned in regulation 5A(7) or (8) (as the case may be).”.

Notification and publicity where power to designate by description is used

10.  After regulation 9 (confidential information in certain cases where designation power used) insert—

“Notification and publicity where power to designate by description is used

9A.— (1) Paragraph (2) applies where the Secretary of State—

(a) has provided that persons of a specified description are designated persons under regulation 5(1A) (power to designate persons by description), or

(b) has by virtue of section 22 of the Act varied or revoked a designation made under that paragraph of that regulation.

(2) The Secretary of State—

(a) must without delay take such steps as are reasonably practicable to inform persons of the specified description of the designation, variation or revocation, and

(b) must take steps to publicise the designation, variation or revocation.

(3) The information given under paragraph (2)(a)—

(a) where the Secretary of State provides that persons of a specified description are designated persons under the standard procedure, must include a statement of reasons, or

(b) where the Secretary of State provides that persons of a specified description are designated persons under the urgent procedure, must include a statement—

(i) that the provision is made under the urgent procedure,

(ii) identifying the relevant provision by reference to which the Secretary of State considers that condition D is met in relation to persons of the specified description, and

(iii) setting out why the Secretary of State considers that condition E is met.

(4) Where the Secretary of State provides that persons of a specified description are designated persons under the urgent procedure, the Secretary of State must, after the end of the period mentioned in paragraph (6) of regulation 5B (conditions for the designation of persons by description), or if the Secretary of State has made a certification under paragraph (6)(b) of that regulation, the period mentioned in paragraph (7) of that regulation, but otherwise without delay—

(a) in a case where the persons cease to be designated persons, take such steps as are reasonably practicable to inform persons of the specified description that they have ceased to be designated persons, or

(b) in any other case, take such steps as are reasonably practicable to give each person of the specified description a statement of reasons.

(5) In this regulation, a “statement of reasons”, in relation to a provision designating persons of a specified description, means a brief statement of the matters that the Secretary of State knows, or has reasonable grounds to suspect, in relation to persons of the specified description—

(a) in the case of a designation under the standard procedure, which have led the Secretary of State to make the provision designating persons of that description, and

(b) in the case of a designation under the urgent procedure, as a result of which the persons do not cease to be designated persons at the end of the period mentioned in regulation 5B(6) or (7) (as the case may be).

(6) Matters that would otherwise be required by paragraph (5) to be included in a statement of reasons may be excluded from it where the Secretary of State considers that they should be excluded—

(a) in the interests of national security or international relations,

(b) for reasons connected with the prevention or detection of serious crime in the United Kingdom or elsewhere, or

(c) in the interests of justice.

(7) The steps taken under paragraph (2)(b) must be steps to publicise generally—

(a) the designation, variation or revocation, and

(b) in the case of—

(i) a designation under the standard procedure, the statement of reasons relating to it, or

(ii) a designation under the urgent procedure, the contents of the statement required under paragraph (3)(b) relating to it.”.

PART 3 Financial restrictions

Dealing with transferable securities or money-market instruments

11.  In regulation 15A (dealing with transferable securities or money-market instruments)—

(a) for paragraph (2)(c), substitute—

“(c) is issued—

(i) after the date on which the Amendment Regulations 2021 come into force, and

(ii) before the Amendment Regulations 2022 come into force.”;

(b) after paragraph (2) insert—

“(2A) A person (“P”) must not, directly or indirectly, deal with a transferable security or money-market instrument falling within paragraphs (2B) or (2C) if P knows, or has reasonable cause to suspect, that P is dealing with such a transferable security or money-market instrument.

(2B) A transferable security or money-market instrument falls within this paragraph if it is issued after the Amendment Regulations 2022 come into force by a relevant person.

(2C) A transferable security or money-market instrument falls within this paragraph if it is issued after the Amendment Regulations 2022 come into force by—

(a) a person connected with Belarus, which is not—

(i) a relevant person,

(ii) a person, other than an individual, which on the date on which the Amendment Regulations 2022 come into force is domiciled in a country other than Belarus, or

(iii) a person which on the date on which the Amendment Regulations 2022 come into force is a branch or subsidiary, wherever located, of a person mentioned in paragraph (ii);

(b) a person, other than an individual, which is majority owned by a person falling within sub-paragraph (a).”;

(c) for paragraph (3) substitute—

“(3) Paragraphs (1) and (2A) are subject to Part 6 (Exceptions and licences).”;

(d) in paragraph (4), for “paragraph (1)” substitute “paragraph (1) or (2A)”.

Loans and credit arrangements

12.  In regulation 15B (loans and credit arrangements), for paragraph (5) substitute—

“(5) In this regulation—

“category A loan” means a loan or credit which—

(a)

has a maturity exceeding 90 days,

(b)

is made or granted to a relevant person, and

(c)

is first made or granted—

(aa)

after the date on which the Amendment Regulations 2021 come into force, and

(bb)

before the Amendment Regulations 2022 come into force;

“category B loan” means a loan or credit which—

(a)

is made or granted to a relevant person,

(b)

is first made or granted after the Amendment Regulations 2022 come into force;

“category C loan” means a loan or credit which—

(a)

has a maturity exceeding 30 days,

(b)

is made or granted—

(i)

to a person, other than an individual, which is connected with Belarus and which is not—

(aa)

a person which on the date on which the Amendment Regulations 2022 come into force is domiciled in a country other than Belarus,

(bb)

a person which is majority owned by a person falling within paragraph (aa), or

(ii)

to a person, other than an individual, which is majority owned by a person within sub-paragraph (i),

(c)

is first made or granted after the Amendment Regulations 2022 come into force, and

(d)

is not a category B loan;

“relevant loan” means a category A loan, a category B loan or a category C loan.”.

Foreign exchange reserve and asset management

13.  After regulation 15C (insurance and reinsurance services), insert—

“Provision of financial services relating to foreign exchange reserve and asset management

15CA.— (1) A person (“P”) must not provide financial services to a person mentioned in paragraph (2) where—

(a) the financial services are for the purpose of foreign exchange reserve and asset management; and

(b) P knows, or has reasonable cause to suspect, that the financial services are provided to such a person.

(2) The persons mentioned in this paragraph are—

(a) the National Bank of Belarus,

(b) the Ministry of Finance of Belarus,

(c) a person owned or controlled directly or indirectly (within the meaning of regulation 7) by a person mentioned in sub-paragraphs (a) or (b), or

(d) a person acting on behalf of or at the direction of a person mentioned in sub-paragraphs (a) or (b).

(3) Paragraph (1) is subject to Part 6 (Exceptions and licences).

(4) A person who contravenes the prohibition in paragraph (1) commits an offence.”.

Interpretation of terms in relation to other financial restrictions

14.  In regulation 15D (interpretation of terms relating to other financial restrictions)—

(a) in paragraph (1), insert the following definitions in the appropriate places—

““branch” means, in relation to a credit or financial institution, a place of business which forms a legally dependent part of that institution and which carries out all or some of the transactions inherent in the business of that institution;”

““foreign exchange reserve and asset management” means activities relating to the reserves or assets of the persons mentioned in paragraph (2) of regulation 15CA, such reserves or assets to include the following—

(a)

money market instruments (including cheques, bills and certificates of deposit),

(b)

foreign exchange,

(c)

derivative products (including futures and options),

(d)

exchange rate and interest rate instruments (including products such as swaps and forward rate agreements),

(e)

transferable securities,

(f)

other negotiable instruments and financial assets (including bullion),

(g)

special drawing rights;”

““subsidiary” has the meaning given by section 1159 of the Companies Act 2006(2);”;

(b) after paragraph (5), insert—

“(6) In this Chapter, the definition of “credit or financial institution” is to be read with section 22 of the Financial Services and Markets Act 2000(3), any relevant order under that section(4) and Schedule 2 to that Act(5).”.

Circumventing etc. prohibitions

15.  In regulation 16(1)(a) (circumventing etc prohibitions), for “Chapters” substitute “Chapter”.

PART 4 Trade sanctions

Interpretation of Part 5 (Trade)

16.  In Chapter 1 of Part 5 (interpretation)—

(a) omit regulation 18 (definition of “restricted goods” and “restricted technology”);

(b) in regulation 19 (definitions relating to “restricted goods” and “restricted technology”)—

(i) in the heading, for “relating to “restricted goods” and “restricted technology”” substitute “of “interception and monitoring goods” and “interception and monitoring technology””;

(ii) in paragraph (1)—

(aa) for “regulation 18” substitute “this Part”,

(bb) omit the definitions of “internal repression goods”, “internal repression technology”, “military goods” and “military technology”;

(c) in regulation 20(3) (interpretation of other expressions in Part 5)—

(i) omit the definition of “petroleum products”;

(ii) insert the following definitions in the appropriate places—

““critical-industry goods” means—

(a)

any thing specified in Schedule 2C, other than—

(i)

any thing which is critical-industry technology, or

(ii)

any thing for the time being specified in—

(aa)

Schedule 2 or 3 to the Export Control Order 2008(6), or

(bb)

Annex I of the Dual-Use Regulation(7),

(cc)

Schedule 2 (list of internal repression goods and internal repression technology),

(bb)

Schedule 2A (interception and monitoring goods and interception and monitoring technology), and

(b)

any tangible storage medium on which critical-industry technology is recorded or from which it can be derived;”;

““critical-industry technology” means any thing described in Schedule 2C as software or technology, other than any thing for the time being specified in—

(a)

Schedule 2 or 3 to the Export Control Order 2008, or

(b)

Annex I of the Dual-Use Regulation,

(c)

Schedule 2 (internal repression goods and internal repression technology),

(d)

Schedule 2A (interception and monitoring goods and interception and monitoring technology);”;

““internal repression goods” means—

(a)

any thing specified in Schedule 2, other than—

(i)

any thing which is internal repression technology, or

(ii)

any thing for the time being specified in—

(aa)

Schedule 2 to the Export Control Order 2008, or

(bb)

Annex Ⅰ of the Dual-Use Regulation, and

(b)

any tangible storage medium on which internal repression technology is recorded or from which it can be derived;”;

““internal repression technology” means any thing which is described in Schedule 2 as software or technology, within the meaning of that Schedule;”;

““iron and steel products” has the meaning given to it in Schedule 2B;”;

““luxury goods” means any thing specified in Schedule 2E, other than any thing for the time being specified in—

(a)

Schedules 2 or 3 to the Export Control Order 2008,

(b)

Annex I of the Dual-Use Regulation, or

(c)

Schedule 2C (critical-industry goods and critical-industry technology);”;

““military goods” means—

(a)

any thing for the time being specified in Schedule 2 to the Export Control Order 2008, other than any thing which is military technology, and

(b)

any tangible storage medium on which military technology is recorded or from which it can be derived;”;

““military technology” means any thing for the time being specified in Schedule 2 to the Export Control Order 2008 which is described as software or technology;”;

““mineral products” has the meaning given to it in Schedule 2B;”

““oil refining goods” means—

(a)

any thing specified in Schedule 2F, other than—

(i)

any thing which is oil refining technology, or

(ii)

any thing for the time being specified in—

(aa)

Schedule 3 to the Export Control Order 2008,

(bb)

Annex I of the Dual-Use Regulation, or

(cc)

Schedule 2C (critical-industry goods and critical-industry technology), and

(b)

any tangible storage medium on which oil refining technology is recorded or from which it can be derived;”;

““oil refining technology” means any thing described in Schedule 2F as software or technology, other than any thing for the time being specified in —

(a)

Schedule 3 to the Export Control Order 2008,

(b)

Annex 1 of the Dual-Use Regulation, or

(c)

Schedule 2C (critical-industry goods and critical-industry technology);”;

““quantum computing and advanced materials goods” means—

(a)

any thing specified in Schedule 2G, other than—

(i)

any thing which is quantum computing and advanced materials technology, or

(ii)

any thing for the time being specified in—

(aa)

Schedule 2 or 3 to the Export Control Order 2008,

(bb)

Annex I of the Dual-Use Regulation,

(cc)

Schedule 2C (critical-industry goods and critical-industry technology),

(dd)

Schedule 2F (oil refining goods and oil refining technology), and

(b)

any tangible storage medium on which quantum computing and advanced materials technology is recorded or from which it can be derived;”;

““quantum computing and advanced materials technology” means any thing described in Schedule 2G as software or technology, other than anything for the time being specified in—

(a)

Schedule 2 or 3 to the Export Control Order 2008,

(b)

Annex I of the Dual-Use Regulation,

(c)

Schedule 2C (critical-industry goods and critical-industry technology),

(d)

Schedule 2F (oil refining goods and oil refining technology);”.

Exports to Belarus and related activities

17.  In Chapter 2 of Part 5 (restricted goods, etc.)—

(a) for the chapter heading substitute “Exports to Belarus and related activities”;

(b) in regulation 21 (exports of restricted goods and tobacco industry goods)—

(i) in the heading, for “restricted goods and tobacco industry goods” substitute “goods to, or for use in, Belarus”;

(ii) in paragraph (1), for sub-paragraphs (a) and (b) substitute—

“(a) critical-industry goods;

(b) dual-use goods;

(c) interception and monitoring goods;

(d) internal repression goods;

(e) luxury goods;

(f) military goods;

(g) oil refining goods;

(h) quantum computing and advanced materials goods;

(i) tobacco industry goods.”;

(c) in regulation 22 (supply and delivery of restricted goods and tobacco industry goods)—

(i) in the heading, for “restricted goods and tobacco industry goods” substitute “goods from a third country to Belarus”;

(ii) in paragraph (1), for sub-paragraphs (a) and (b) substitute—

“(a) critical-industry goods;

(b) dual-use goods;

(c) interception and monitoring goods;

(d) internal repression goods;

(e) luxury goods;

(f) military goods;

(g) oil refining goods;

(h) quantum computing and advanced materials goods;

(i) tobacco industry goods.”;

(d) in regulation 23 (making available restricted goods and restricted technology)—

(i) for the heading substitute “Making available goods and technology to a person connected with, or for use in, Belarus”;

(ii) in paragraph (1A), for sub-paragraphs (a) to (c) substitute—

“(a) critical-industry goods and critical-industry technology;

(b) dual-use goods and dual-use technology;

(c) interception and monitoring goods and interception and monitoring technology;

(d) internal repression goods and internal repression technology;

(e) luxury goods;

(f) military goods and military technology;

(g) oil refining goods and oil refining technology;

(h) quantum computing and advanced materials goods and quantum computing and advanced materials technology;

(i) tobacco industry goods.”;

(e) in regulation 24 (transfer of restricted technology)—

(i) in the heading, for “restricted technology” substitute “technology to a place in, or person connected with, Belarus”;

(ii) in sub-paragraph (1)(a), for “restricted technology” substitute “technology to which this paragraph applies”;

(iii) in sub-paragraph (1)(b)—

(aa) for “restricted technology” substitute “technology to which this paragraph applies”;

(bb) for “Belarus;” substitute “Belarus.”;

(iv) after paragraph (1) insert—

“(1A) Paragraph (1) applies to—

(a) critical-industry technology;

(b) dual-use technology;

(c) interception and monitoring technology;

(d) internal repression technology;

(e) military technology;

(f) oil refining technology;

(g) quantum computing and advanced materials technology.”;

(f) in regulation 25 (technical assistance relating to restricted goods and restricted technology)—

(i) in the heading, for “restricted goods and restricted technology” substitute “certain goods and technology”;

(ii) in paragraph (1), for “restricted goods or restricted technology” substitute “goods or technology to which this paragraph applies”;

(iii) after paragraph (1) insert—

“(1A) Paragraph (1) applies to—

(a) critical-industry goods and critical-industry technology;

(b) dual-use goods and dual-use technology;

(c) interception and monitoring goods and interception and monitoring technology;

(d) internal repression goods and internal repression technology;

(e) military goods and military technology;

(f) oil refining goods and oil refining technology;

(g) quantum computing and advanced materials goods and quantum computing and advanced materials technology.”.

(g) in regulation 26 (financial services and funds relating to restricted goods and restricted technology)—

(i) in the heading, for “restricted goods and restricted technology” substitute “certain arrangements”;

(ii) in paragraphs (1) and (3), for “restricted”, in each place it occurs, substitute “relevant”;

(iii) after paragraph (5) insert—

“(6) In this regulation—

“relevant goods” means—

(a)

critical-industry goods,

(b)

dual-use goods,

(c)

interception and monitoring goods,

(d)

internal repression goods,

(e)

military goods,

(f)

oil refining goods,

(g)

quantum computing and advanced materials goods;

“relevant technology” means—

(a)

critical-industry technology,

(b)

dual-use technology,

(c)

interception and monitoring technology,

(d)

internal repression technology,

(e)

military technology,

(f)

oil refining technology,

(g)

quantum computing and advanced materials technology.”;

(h) in regulation 27 (brokering services: non-UK activity relating to restricted goods and restricted technology)—

(i) in the heading, for “non-UK activity relating to restricted goods and restricted technology” substitute “certain arrangements relating to non-UK activities”;

(ii) in paragraph (1), for “restricted”, in each place it occurs, substitute “relevant”;

(iii) in paragraph (4), after the definition of “non-UK country”, insert—

““relevant goods” and “relevant technology” have the meanings given in regulation 26;”.

Omission of Chapter 2A

18.  Omit Chapter 2A of Part 5 (Dual-use goods, dual-use technology and related activities).

Imports from Belarus and related activities

19.  In Chapter 2B of Part 5 (potash and petroleum products)—

(a) for the chapter heading substitute “Imports from Belarus and related activities”;

(b) in regulation 27I (import of potash and petroleum products)—

(i) in the heading, for “potash and petroleum products” substitute “goods originating in, or consigned from, Belarus”;

(ii) in paragraph (3), for sub-paragraphs (a) and (b), substitute—

“(a) arms and related materiel;

(b) iron and steel products;

(c) mineral products;

(d) potash.”;

(iii) after paragraph (4) insert—

“(5) In this regulation and regulation 27J “arms and related materiel” means—

(a) military goods, and

(b) any thing which falls within chapter 93 of the Goods Classification Table, other than military goods.

(6) For the purposes of the definition of “arms and related materiel”, whether a thing “falls within chapter 93 of the Goods Classification Table” is to be interpreted in accordance with paragraph 1 of Schedule 2B.”;

(c) in regulation 27J (acquisition of potash and petroleum products)—

(i) in the heading, for “potash and petroleum products” substitute “goods connected to Belarus”;

(ii) in paragraph (2), for sub-paragraphs (a) and (b), substitute—

“(a) arms and related materiel;

(b) iron and steel products;

(c) mineral products;

(d) potash.”;

(iii) in paragraph (3), after “potash” insert “, military goods or military technology”;

(d) in regulation 27K (supply and delivery of potash and petroleum products)—

(i) in the heading, for “potash and petroleum products” substitute “goods to places outside the UK”;

(ii) for paragraph (3), substitute—

“(3) Paragraph (1) applies to—

(a) iron and steel products;

(b) military goods;

(c) mineral products;

(d) potash.

(3A) Paragraph (2) applies to—

(a) mineral products;

(b) potash.”;

(e) in regulation 27L (technical assistance relating to petroleum products)—

(i) in the heading, for “petroleum products” substitute “certain activities”;

(ii) in paragraph (1)—

(aa) in sub-paragraphs (a), (b) and (c), for “petroleum products”, in each place it occurs, substitute “iron and steel products, mineral products or potash”;

(bb) in sub-paragraph (d), for “petroleum products”, substitute “mineral products or potash”;

(f) in regulation 27M (financial services, funds and brokering services relating to petroleum products)—

(i) in the heading, for “petroleum products” substitute “certain arrangements”;

(ii) in paragraph (1)—

(aa) in sub-paragraphs (a), (b) and (c), for “petroleum products”, in each place it occurs, substitute “iron and steel products, mineral products or potash”;

(bb) in sub-paragraph (d), for “petroleum products”, substitute “mineral products or potash”.

Other trade prohibitions

20.  In Chapter 2C of Part 5 (Aircraft)—

(a) in the chapter heading, for “Aircraft” substitute “Other trade prohibitions”;

(b) in the heading to regulation 27N (technical assistance relating to aircraft), after “aircraft” insert “and ships”;

(c) in regulation 27N—

(i) in paragraph (1), for “any person” to the end, substitute “any designated person, where the assistance relates to an aircraft or a ship.”;

(ii) in paragraph (2), for the words “regulation 25” to the end, substitute “regulation 25 (technical assistance relating to certain goods and technology).”;

(iii) in paragraph (4), for “person designated under regulation 5(1)(c)”, substitute “designated person”;

(iv) for paragraph (5), substitute—

“(5) In this regulation—

“aircraft” includes unmanned aircraft and aircraft capable of spaceflight activities;

“designated person” means a person designated under regulation 5 (power to designate persons) for the purposes of this regulation;

“ship” includes every description of vessel (including a hovercraft) used in navigation;

“spaceflight activities” has the meaning given in section 1(6) of the Space Industry Act 2018(8).”;

(d) after regulation 27N, insert—

“Enabling or facilitating military activities

27O.— (1) A person must not directly or indirectly provide—

(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),

where such provision enables or facilitates the conduct of military activities carried on or proposed to be carried on by the Belarusian military or any other military end-user who is a person connected with Belarus.

(2) Paragraph (1) is subject to Part 6 (Exceptions and licences).

(3) A person who contravenes the 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 provision as mentioned in paragraph (1) would enable or facilitate the conduct of military activities carried on or proposed to be carried on by the Belarusian military or any other military end-user who is a person connected with Belarus.

(4) 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.

(5) Nothing in this regulation is to be taken to limit the meaning of any of the prohibitions contained in this Part.”.

Trade: Further provision

21.  In regulation 28(1)(a) (circumventing etc prohibitions) and regulation 29(1) (defences), in both places it occurs, omit “, 2A”.

PART 5 Aircraft and ships

Movement of aircraft

22.  In regulation 29A (movement of aircraft)—

(a) before paragraph (1), insert—

“(A1) A Belarusian aircraft must not—

(a) overfly the United Kingdom, or

(b) land in the United Kingdom.

(A2) Paragraph (A1) is subject to Part 6 (Exceptions and licences).”;

(b) for paragraphs (4) and (5) substitute—

“(4) An airport operator may direct the operator or pilot in command of a Belarusian aircraft—

(a) not to take off, or not to permit the aircraft to take off, from an airport the operator manages,

(b) to take off, or to require the aircraft to take off, from an airport the operator manages, or

(c) not to land, or not to permit the aircraft to land, at an airport the operator manages.

(5) The Secretary of State may direct an airport operator to—

(a) give a direction under paragraph (4),

(b) secure the detention of a Belarusian aircraft at an airport, or

(c) secure the movement of a Belarusian aircraft to an airport specified in the direction.

(6) An airport operator giving a direction under paragraph (4)(a) must take such steps as are reasonably practicable to detain the aircraft.

(7) In this regulation “Belarusian aircraft” means an aircraft—

(a) owned, chartered or operated by—

(i) a designated person, or

(ii) a person connected with Belarus, or

(b) registered in Belarus.

(8) In paragraph (7), a “designated person” means a person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation.”.

Directions by the Secretary of State

23.  In regulation 29B (directions under regulation 29A), after paragraph (5) insert—

“(6) Any directions made by the Secretary of State under regulation 29A may make different provision for different purposes.

(7) Any directions in regulation 29A(1) to (5) are subject to the exceptions in regulation 31H (aircraft: exceptions relating to safety of persons or aircraft).”.

Movement of aircraft: directions

24.  In regulation 29C (directions under regulation 29A: supplementary), in paragraph (1)(b), after “in relation to the” insert “suspension or”.

Registration of aircraft in the United Kingdom

25.  After regulation 29C (directions under regulation 29A: supplementary), insert—

“Registration of an aircraft in the United Kingdom

29CA.— (1) The CAA must refuse to register an aircraft if, on the basis of the information given to the CAA by the applicant, the Secretary of State or a third person, the aircraft appears to be a relevant aircraft.

(2) The Secretary of State may direct the CAA to terminate the registration of a relevant aircraft.

(3) In so far as a direction under paragraph (2) conflicts with the provisions of Part 3 (Registration and marking) of the ANO, those provisions are to be disregarded.

(4) For the purposes of this regulation “relevant aircraft” means—

(a) an aircraft owned or operated by a designated person, or

(b) an aircraft chartered by demise by a designated person.

(5) Any reference in this regulation to registering an aircraft is a reference to registering an aircraft in the register kept by the CAA.

(6) In this regulation, a “designated person” means a person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation.”.

Offences

26.  In regulation 29D (offences)—

(a) before paragraph (1), insert—

“(A1) If a prohibition in regulation 29A(A1) (movement of aircraft) is contravened by the flight or landing of a Belarusian aircraft, the operator and pilot in command of the aircraft commit an offence.”;

(b) after paragraph (4), insert—

“(5) In paragraph (A1), “Belarusian aircraft” has the same meaning as in regulation 29A.”.

Interpretation

27.  In regulation 29E (interpretation of Part 5A)—

(a) in paragraph (1), omit the definition of “Belarusian aircraft”;

(b) in paragraph (2), for “paragraph (a) of the definition of “Belarusian aircraft”,” substitute “this Part”.

Ships

28.  After Part 5A (Aircraft) insert—

“PART 5B Ships

Prohibition on port entry

29F.— (1) A person must not provide a ship to which this paragraph applies with access to a port in the United Kingdom, if the person knows, or has reasonable cause to suspect, that the ship is a ship to which this paragraph applies.

(2) The master or pilot of a ship to which this paragraph applies must not cause or permit the ship to enter a port in the United Kingdom if the master or pilot knows, or has reasonable cause to suspect, that the ship is a ship to which this paragraph applies.

(3) Paragraphs (1) and (2) are subject to Part 6 (Exceptions and licences).

(4) A person who contravenes a prohibition in paragraph (1) or (2) commits an offence.

(5) Paragraphs (1) and (2) apply to—

(a) a ship owned, controlled, chartered or operated by a designated person,

(b) a ship owned, controlled, chartered or operated by a person connected with Belarus,

(c) a ship flying the flag of Belarus,

(d) a ship registered in Belarus, or

(e) a specified ship.

(6) In paragraph (5), a “designated person” means a person who is designated under regulation 5 for the purposes of this regulation.

Directions prohibiting port entry

29G.— (1) A port barring direction may be given to the master or pilot of a specified ship.

(2) A port barring direction may be given by—

(a) the Secretary of State, or

(b) a harbour authority.

(3) The Secretary of State may direct a harbour authority to take such steps as are reasonably practicable to secure that a ship mentioned in a port barring direction does not enter a port or ports specified in the direction, or any port in the United Kingdom.

(4) It is an offence for a person to whom a direction is given under this regulation to fail to comply with the direction.

(5) The Secretary of State may notify a person that the existence of a port barring direction, any part of the content of the direction, or anything done under the direction, is to be treated as confidential.

(6) It is an offence for a person to disclose information if the Secretary of State has notified that person under paragraph (5) that the information is to be treated as confidential.

(7) In this regulation, a “port barring direction” means a direction prohibiting a ship from entering a port or ports specified in the direction, or any port in the United Kingdom.

Movement of ships

29H.— (1) A port entry direction or a movement direction may be given by the Secretary of State to the master or pilot of—

(a) a ship owned, controlled, chartered or operated by a designated person,

(b) a ship owned, controlled, chartered or operated by a person connected with Belarus,

(c) a ship registered in Belarus,

(d) a ship flying the flag of Belarus, or

(e) a specified ship.

(2) The Secretary of State may direct a harbour authority to take such steps as are reasonably practicable to secure that a ship mentioned in paragraph (1)—

(a) proceeds to or enters a port specified in the direction,

(b) leaves a port specified in the direction,

(c) proceeds to a place specified in the direction, or

(d) remains where it is.

(3) It is an offence for a person to whom a direction is given under this regulation to fail to comply with the direction.

(4) The Secretary of State may notify a person that the existence of a port entry direction or a movement direction, any part of the content of the direction, or anything done under the direction, is to be treated as confidential.

(5) It is an offence for a person to disclose information if the Secretary of State has notified that person under paragraph (4) that the information is to be treated as confidential.

(6) In this regulation—

“designated person” means a person who is designated under regulation 5 for the purposes of this regulation;

“movement direction” means a direction requiring a ship—

(a)

to leave a port specified in the direction,

(b)

to proceed to a place specified in the direction, or

(c)

to remain where it is;

“port entry direction” means a direction requiring a ship to proceed to or enter a port specified in the direction.

Detention of ships

29I.— (1) A detention direction may be given to the master of a ship referred to in paragraph (3) by—

(a) the Secretary of State, or

(b) a harbour authority.

(2) A detention direction under paragraph (1)(b) may only be given by a harbour authority to the master of a specified ship if it has received a direction from the Secretary of State in accordance with paragraph (3)(d).

(3) The Secretary of State may direct a harbour authority to give a detention direction to the master of—

(a) a ship owned, controlled, chartered or operated by a designated person,

(b) a ship owned, controlled, chartered or operated by a person connected with Belarus,

(c) a ship registered in Belarus,

(d) a ship flying the flag of Belarus, or

(e) a specified ship.

(4) A “detention direction” means a direction requiring the detention of a ship at a port or anchorage in the United Kingdom.

(5) A detention direction given in relation to a ship—

(a) must be in writing,

(b) must be delivered to the master of the ship by the person who detains the ship,

(c) must state the grounds on which the ship is detained, and

(d) must state that—

(i) it is given under this regulation, and

(ii) any requirements imposed by the direction must be complied with.

(6) Paragraph (7) applies if—

(a) the ship is not a British ship, and

(b) there is in the United Kingdom a consular officer for the country to which the ship belongs.

(7) A copy of the detention direction must be sent as soon as practicable to the nearest consular officer for the country to which the ship belongs.

(8) Section 284(1), (2), (2A), (2B), (3) and (8) of the Merchant Shipping Act 1995(9) (enforcement of detention of ship) applies in the case of detention under a detention direction as it applies in the case of detention authorised or ordered by that Act, but as if—

(a) any reference in that section to a notice of detention were to the detention direction, and

(b) the reference in subsection (2A) of that section to a direction given under subsection (1A)(a)(10) of that section were to any requirement imposed by the detention direction.

(9) In this regulation, “consular officer”, in relation to a foreign country, means the officer recognised by Her Majesty as a consular officer of that foreign country.

(10) In this regulation, a “designated person” means a person who is designated under regulation 5 for the purposes of this regulation.

Registration of ships in the United Kingdom

29J.— (1) The Registrar must refuse to register a ship if, on the basis of the information given to the Registrar by the Secretary of State or accompanying the application for registration, the ship appears to the Registrar to be owned, controlled, chartered or operated by—

(a) a designated person; or

(b) a person connected with Belarus.

(2) The Secretary of State may direct the Registrar to terminate the registration of—

(a) a ship that is owned, controlled, chartered or operated by;

(i) a designated person;

(ii) a person connected with Belarus; or

(b) a specified ship.

(3) For the purposes of this regulation—

(a) any reference to registering a ship is to registering the ship in the register of British ships maintained by the Registrar;

(b) “designated person” means a person who is designated under regulation 5 for the purposes of this regulation;

(c) a ship is “chartered” by a person if it is chartered on bareboat charter terms within the meaning given by section 17(11) of the Merchant Shipping Act 1995.

Specification of ships

29K.— (1) The Secretary of State may specify ships within the meaning of section 7 of the Act for the purposes of—

(a) regulation 29F (prohibition on port entry),

(b) regulation 29G (directions prohibiting port entry),

(c) regulation 29H (movement of ships),

(d) regulation 29I (detention of ships), and

(e) regulation 29J (registration of ships in the United Kingdom).

(2) The Secretary of State must specify a ship by its International Maritime Organization number or, where it is not reasonably practicable to identify it by that number, by any other means that the Secretary of State considers appropriate.

(3) The Secretary of State may not specify a ship unless the Secretary of State has reasonable grounds to suspect that the ship is, has been, or is likely to be, involved in a relevant activity..

(4) For the purposes of this regulation a ship is “involved in a relevant activity” if the ship is used for any activity whose object or effect is to contravene or circumvent, or to enable or facilitate the contravention or circumvention of, any provision of Part 3 (Finance), Part 5 (Trade), Part 5A (Aircraft) or Part 5B (Ships).

Notification and publicity where specification power used

29L.— (1) Paragraph (2) applies where the Secretary of State—

(a) has specified a ship under regulation 29K(1) (specification of ships), or

(b) has by virtue of section 26 of the Act revoked a specification made under that regulation.

(2) The Secretary of State—

(a) must without delay take such steps as are reasonably practicable to inform such persons as the Secretary of State considers appropriate of the specification or revocation, and

(b) except where one or more of the restricted publicity conditions is met, must take steps to publicise the specification or revocation generally.

(3) The “restricted publicity conditions” are that the Secretary of State considers that disclosure of the specification or revocation should be restricted—

(a) in the interests of national security or international relations,

(b) for reasons connected with the prevention or detection of serious crime in the United Kingdom or elsewhere, or

(c) in the interests of justice.

(4) Paragraph (5) applies if—

(a) when a specification is made one or more of the restricted publicity conditions is met, but

(b) at any time when the specification has effect, it becomes the case that none of the restricted publicity conditions is met.

(5) The Secretary of State must take steps to publicise the specification generally.

Directions under this Part: general

29M.— (1) Paragraphs (2) to (4) apply in relation to a direction given under this Part.

(2) A person to whom a direction is given has a duty to comply with it.

(3) A direction may be of indefinite duration or a defined duration.

(4) A person who gives a direction may vary, revoke or suspend it at any time.

(5) A direction under regulation 29H(2) (movement of ships) may be given to any harbour authority or to harbour authorities generally.

Interpretation of Part 5B

29N.— (1) For the purposes of regulations 29F to 29L, a ship is—

(a) “owned” by a person if—

(i) the legal title to the ship, or to any share in the ship, is vested in the person, or

(ii) the person has a beneficial interest in the ship or in any share in the ship; and

(b) “controlled” by a person who is able to take decisions about its operation, including (but not limited to) decisions about the route the ship may take and the appointment of master or crew.

(2) For the purposes of paragraph (1)(b), a ship is not “controlled” by its master or crew, unless that master or crew are designated persons under any of the relevant regulations of this Part.

(3) For the purposes of the relevant regulations of this Part, a ship is not “operated” by its master or crew unless that master or crew are designated persons for the purposes of any of those regulations.

(4) Any reference in this Part to a legal title or other interest includes one held jointly with any other person or persons.

(5) For the purposes of this Part—

“beneficial interest” means any beneficial interest, however arising (whether held by trustee or nominee or arising under a contract or otherwise), other than an interest held by any person as mortgagee;

“specified ship” means a ship specified by the Secretary of State under regulation 29K (specification of ships);

“the relevant regulations of this Part” means regulations 29F, 29H, 29I and 29J.

(6) Any expression used in this Part and in section 7 of the Act (shipping sanctions) has the same meaning in this Part as it has in that section.”.

PART 6 Exceptions and licences

Finance: exceptions from prohibitions

29.  In regulation 30 (exceptions from finance prohibitions)—

(a) in the heading, for “Finance:” substitute “Asset-freeze, etc.:”;

(b) in paragraph (6A)(a), for “petroleum products” substitute “mineral products”;

(c) in paragraph (7), after the definition of “frozen account” insert—

““mineral products” has the meaning given in regulation 20(3);”.

Exception for authorised conduct in a relevant country

30.  In regulation 30A(1) (exception for authorised conduct in a relevant country)—

(a) for “or 15C (insurance and reinsurance services)”, substitute “, 15C (insurance and reinsurance services)or 15CA (provision of financial services relating to foreign reserve and asset management)”;

(b) omit “2A,”.

Exception for acts done for purposes of national security or prevention of serious crime

31.  In regulation 31(1) (exception for acts done for purposes of national security or prevention of serious crime), for “or 5A (Aircraft)”, substitute “, 5A (Aircraft) or 5B (Ships)”.

Exceptions relating to loans and credit arrangements

32.  In regulation 31A (exceptions relating to loans and credit arrangements)—

(a) in paragraph (1), for sub-paragraphs (a) and (b) substitute—

“(a) a relevant loan that has a specific and documented objective of making emergency funds available to meet applicable solvency or liquidity criteria for a relevant subsidiary;

(b) a relevant loan consisting of a drawdown or disbursement made under an arrangement entered into before—

(i) in the case of a category A loan, the date on which the Amendment Regulations 2021 came into force;

(ii) in the case of a category B loan or a category C loan, the date on which the Amendment Regulations 2022 came into force,

where the conditions in paragraph (2) are met.”;

(b) in paragraph (2)—

(i) for “paragraph 1(b)” substitute “paragraph (1)(c)”;

(ii) for paragraph (a)(i) substitute—

“(i) were agreed before—

(aa) in the case of a category A loan, the date on which the Amendment Regulations 2021 came into force, or

(bb) in the case of a category B loan or a category C loan, the date on which the Amendment Regulations 2022 came into force;”;

(c) for paragraph (3) substitute—

“(3) In this regulation—

(a) “category A loan”, “category B loan” , “category C loan” and “relevant loan” have the meanings given to them in regulation 15B;

(b) “relevant subsidiary” means a person, other than an individual, which is—

(i) incorporated or constituted under the law of any part of the United Kingdom, and

(ii) majority owned (within the meaning of regulation 15D(3)) by a person, other than an individual, that is connected with Belarus.”

Trade: exceptions relating to mineral products for personal or humanitarian use

33.  In regulation 31C (Trade: exceptions from prohibitions)—

(a) in the heading for “exceptions from prohibitions” substitute “exceptions relating to mineral products for personal or humanitarian use”;

(b) for the words before sub-paragraph (1)(a) substitute—

“(1) The prohibition in regulation 27J(1) (acquisition of goods connected to Belarus) is not contravened by the purchase in Belarus of mineral products—”;

(c) for paragraph (2), substitute—

“(2) The prohibitions in regulations 27I (import of goods originating in, or consigned from, Belarus) and 27K (supply and delivery of goods to places outside the UK) are not contravened by the import or supply or delivery of mineral products which have been purchased as described in paragraph (1).”;

(d) in paragraph (3), for the words before sub-paragraph (a), substitute “The prohibitions in regulations 27L (technical assistance relating to certain activities) and 27M (financial services, funds and brokering services relating to certain arrangements) are not contravened by the provision of—”;

(e) omit paragraph (4) (exception for safety of aircraft).

Other exceptions

34.  After regulation 31C, insert—

“Trade: exceptions relating to travellers, diplomatic missions and international organisations

31D.— (1) The prohibitions to which this paragraph applies are not contravened by a relevant activity in relation to any critical-industry goods, critical-industry technology, quantum computing and advanced materials goods or quantum computing and advanced materials technology which are—

(a) the personal effects of a person travelling to Belarus,

(b) of a non-commercial nature for the personal use of a person travelling to Belarus and contained in that person’s luggage, or

(c) necessary for the official purposes of a diplomatic mission or consular post in Belarus, or of an international organisation enjoying immunities in accordance with international law.

(2) Paragraph (1) applies to the prohibitions in Chapter 2 of Part 5 (exports to Belarus and related activities), other than the prohibition in regulation 24A (provision of interception and monitoring services).

(3) The prohibitions in regulations 21 to 23 (export of goods, supply and delivery of goods, and making available goods and technology) are not contravened by a relevant activity in relation to any luxury goods which are—

(a) necessary for the official purposes of a diplomatic mission or consular post in Belarus, or of an international organisation enjoying immunities in accordance with international law, or

(b) the personal effects of their staff.

(4) In this regulation—

(a) “critical-industry goods”, “critical-industry technology”, “luxury goods”, “quantum computing and advanced materials goods” and “quantum computing and advanced materials technology” have the meanings given in regulation 20(3) (interpretation of Part 5);

(b) “relevant activity” means any activity which would, in the absence of this regulation, contravene the prohibitions mentioned in paragraphs (2) or (3).

Trade: exceptions relating to consumer communication devices and software updates

31E.— (1) The prohibitions to which this paragraph applies are not contravened by a relevant activity in relation to critical-industry goods, critical-industry technology or luxury goods which are—

(a) consumer communication devices for civilian use, or

(b) software updates for civilian use.

(2) Paragraph (1) applies to the prohibitions in Chapter 2 of Part 5 (exports to Belarus and related activities), other than the prohibition in regulation 24A (provision of interception and monitoring services).

(3) For the purposes of paragraph (1)—

(a) goods are “for civilian use” if they are not—

(i) for use by the Belarusian military or any other military end-user, or

(ii) for any military use;

(b) technology is “for civilian use” if it—

(i) does not relate to activities carried on or proposed to be carried on by the Belarusian military or any other military end user, and

(ii) is not for any military use;

(c) “consumer communication devices” has the meaning given in Schedule 2D;

(d) “critical-industry goods”, “critical-industry technology” and “luxury goods” have the meanings given in regulation 20(3) (interpretation of Part 5);

(e) “relevant activity” means any activity which would, in the absence of this regulation, contravene the prohibitions to which paragraph (1) applies.

Trade: exception for emergencies in certain cases

31F.— (1) The prohibitions to which this paragraph applies are not contravened by any act done by a person (“P”), where P provides justification to the Secretary of State within the relevant period that the act is an act dealing with an emergency.

(2) Paragraph (1) applies to the prohibitions in Chapter 2 of Part 5 (exports to Belarus and related activities), so far as those prohibitions apply to critical-industry goods, critical-industry technology, oil refining goods or oil refining technology, other than the prohibition in regulation 24A (provision of interception and monitoring services).

(3) In this regulation—

“an act dealing with an emergency” means an act assisting with the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health or safety, infrastructure or the environment;

“critical-industry goods” and “critical-industry technology” have the meanings given in regulation 20(3);

“oil refining goods” and “oil refining technology” have the meanings given in regulation 20(3);

“relevant period”, in relation to an act, means the period of 5 working days beginning with the day on which the act is done.

Trade: exception for certain technical assistance to aircraft and ships

31G.— (1) The prohibitions in regulation 27N (technical assistance relating to aircraft and ships) are not contravened by the provision of any technical assistance where a failure to provide that assistance would endanger—

(a) the lives of persons on board—

(i) an aircraft, or

(ii) a ship;

(b) the safety of—

(i) an aircraft in flight, or

(ii) a ship at sea.

(2) In this regulation, the following terms have the same meaning as they have in regulation 27N—

“aircraft”;

“ship”.

Aircraft: exceptions relating to safety of persons or aircraft

31H.— (1) The prohibition in regulation 29A(A1)(b) (movement of aircraft) is not contravened by the landing of a Belarusian aircraft in the United Kingdom if failing to land would endanger the lives of persons on board or the safety of the aircraft.

(2) The prohibition in regulation 29A(A1)(a) is not contravened by the flight of a Belarusian aircraft in the airspace over the United Kingdom preparatory to a landing as mentioned in paragraph (1).

(3) The directions in regulation 29A(1) to (5) are not contravened by conduct necessary to—

(a) avoid endangering the lives of persons on board or the safety of the aircraft,

(b) protect the safety of another aircraft, or

(c) protect the safety of persons on the ground.

(4) The prohibition in regulation 29A(A1) is not contravened by the movement of a Belarusian aircraft if—

(a) a direction has been given in relation to that aircraft under regulation 29A(2)(b), (4)(b) or (5)(c), and

(b) the movement of the aircraft is in accordance with that direction.

(5) In this regulation, “Belarusian aircraft” has the same meaning as in regulation 29A.

Ships: exceptions relating to port entry in emergencies

31I.— (1) The prohibition in regulation 29F(1) (prohibition on port entry) is not contravened by providing a ship with access to a port if—

(a) a port entry direction has been given in relation to the ship under regulation 29H (movement of ships), or

(b) the access is needed by the ship in a case of emergency.

(2) The prohibition in regulation 29F(2) is not contravened by the entry into port of a ship if—

(a) a port entry direction has been given in relation to the ship under regulation 29H, or

(b) the entry is needed by the ship in a case of emergency.”.

Treasury licences

35.  In regulation 32 (Treasury licences)—

(a) after paragraph (1), insert—

“(1ZA) The prohibitions in 15A (securities and money market instruments) do not apply to anything done under the authority of a licence issued by the Treasury under this paragraph.”;

(b) after paragraph (1B), insert—

“(1C) The prohibition in regulation 15CA (provision of financial services relating to foreign exchange reserve and asset management) does not apply to anything done under the authority of a licence issued by the Treasury under this paragraph.

(1D) Without prejudice to the generality of the powers conferred by paragraphs (1) to (1C), a licence issued by the Treasury under those paragraphs may, in particular, authorise acts which would otherwise be prohibited by any of regulations 11 to 15CA for a particular period beginning with—

(a) the coming into force of the prohibition, or

(b) where the prohibition relates to a person designated for the purposes of regulations 11 to 15, the date on which the person was designated.”;

(c) after paragraph (4) insert—

“(5) The Treasury may issue a licence under paragraph (1C) which authorises acts by a particular person only where the Treasury consider that it is appropriate to issue the licence for a purpose set out in Part 4 of Schedule 3.”.

Aircraft licences

36.  After regulation 33 (trade licences), insert—

“Aircraft licences

33A.   The prohibition in regulation 29A(A1) (prohibition on overflight or landing) does not apply to anything done under the authority of a licence issued by the Secretary of State under this regulation.”.

Licences: general provisions

37.  In regulation 34 (licences: general provisions), in paragraph (1), for “and trade licences” substitute “, trade licences and aircraft licences”.

Aircraft: licensing offences

38.  After regulation 36 (trade: licensing offences), insert—

“Aircraft: licensing offences

36A.— (1) A person (“P”) commits an offence if P knowingly or recklessly—

(a) provides information that is false in a material respect, or

(b) provides or produces a document that is not what it purports to be,

for the purpose of obtaining an aircraft licence (whether for P or anyone else).

(2) A person who purports to act under the authority of an aircraft licence but who fails to comply with any condition of the licence commits an offence.

(3) A licence in respect of which an offence under paragraph (1) has been committed is to be treated as void from the time at which it was issued.”.

PART 7 Information, records and enforcement

Information and records

39.  In Part 7 (Information and records)—

(a) in regulation 40(5) (finance: powers to request information)

(i) at the end of sub-paragraph (a), omit “or”;

(ii) in sub-paragraph (b), for “licence.” substitute “licence, or”;

(iii) after sub-paragraph (b), insert—

“(c) any matter to which a licence relates, where that licence authorises an act that would otherwise be prohibited under—

(i) regulation 15A (dealing with transferable securities or money market instruments),

(ii) regulation 15B (loans and credit arrangements),

(iii) regulation 15C (insurance and reinsurance services), or

(iv) regulation 15CA (provision of financial services relating to foreign exchange reserve and asset management).”;

(b) in regulation 43(2)(a) (trade: application of information powers in CEMA)—

(i) omit “2A,”,

(ii) for the words “regulation 21(1)” to the end, substitute “regulation 21 (export of goods to, or for use in, Belarus) or 27I (import of goods originating from, or consigned from, Belarus), or”;

(c) in regulation 46 (disclosure of information)—

(i) in paragraph (1)(b)(i), after “Part 5A (Aircraft)” insert “or Part 5B (Ships)”,

(ii) in paragraph (2)(d)(ii), for the words “regulation 21(1)” to the end, substitute “regulation 21 (export of goods to, or for use in, Belarus) or 27I (import of goods originating from, or consigned from, Belarus).”.

Offences

40.  In Part 8 (Enforcement)—

(a) in regulation 48 (penalties for offences)—

(i) in paragraph (1), for “regulation 29D(1), (2) or (3) (aircraft: offences)” substitute “regulation 29D(A1) to (3) (aircraft offences), 29F (prohibition on port entry), 29G(4) (directions prohibiting port entry), 29H(3) (movement of ships) or ”;

(ii) in paragraph (3), for “36” substitute “36 (trade: licensing offences) and 36A (aircraft: licensing offences)”;

(iii) in paragraph (4), after “29D(4)(confidentiality),” insert “29G(6) (directions prohibiting port entry: confidentiality), 29H(5) (movement of ships: confidentiality),”;

(b) in regulation 50 (jurisdiction to try offences), in paragraph (1), after “Part 5A (Aircraft),” insert “Part 5B (Ships),”;

(c) in regulation 54 (trade offences in CEMA)—

(i) in paragraph (1), for the words “regulation 21(1)” to the end, substitute “regulation 21 (export of goods to, or for use in, Belarus).”;

(ii) in paragraph (3), for the words “regulation 21(1)” to the end, substitute “regulation 21 (export of goods to, or for use in, Belarus) or 27I(1) or (2) (import of goods originating in, or consigned from, Belarus).”;

(iii) in paragraph (5), for “regulation 27I(1) or (2) (import of potash and petroleum products)” substitute “regulation 27I(1) or (2) (import of goods originating in, or consigned from, Belarus).”.

Maritime enforcement

41.  In regulation 57 (exercise of maritime enforcement powers), for paragraph (2) substitute—

“(2) The maritime enforcement powers may be exercised for the purpose of enforcing any of the following—

(a) the prohibition in regulation 21 (export of goods to, or for use in, Belarus)

(b) the prohibition in regulation 22 (supply and delivery of goods from a third country to Belarus);

(c) the prohibitions in regulation 23 (making available goods and technology to a person connected with, or for use in, Belarus);

(d) the prohibitions in regulation 24 (transfer of technology to a place in, or person connected with, Belarus);

(e) the prohibitions in regulation 27I(1) or (2), regulation 27J(1) or (3) or regulation 27K(1) or (2) (import, acquisition and supply and delivery of goods);

(f) a prohibition imposed by a condition of a licence issued under regulation 33 (trade licences) in relation to a prohibition mentioned in any of sub-paragraphs (a) to (e).”.

PART 8 Schedules

Amendments to Schedule 2B

42.  In Schedule 2B (potash, petroleum products and tobacco industry goods)—

(a) for the heading, substitute “Iron and steel products, potash, mineral products, and tobacco industry goods”;

(b) in paragraph 2—

(i) in the definition of “potash”, after paragraph (a) insert—

“(aa) 3104 20 50;”;

(ii) after the definition of “potash”, insert—

““iron and steel products” means any thing falling within the following commodity codes—

(a)

72;

(b)

73.

“mineral products” means any thing falling within the following commodity codes—

(a)

2710;

(b)

2711;

(c)

2712;

(d)

2713;

(e)

2715;

(f)

2707.”,

(iii) omit the definition of “petroleum products”.

New schedules 2C to 2G

43.  After Schedule 2B, insert the following Schedules, which are set out in the Schedule to these Regulations—

(a) Schedule 2C (critical-industry goods and technology);

(b) Schedule 2D (consumer communication devices);

(c) Schedules 2E (luxury goods);

(d) Schedule 2F (oil refining goods and technology);

(e) Schedule 2G (quantum computing and advanced materials goods and technology).

Amendments to Schedule 3

44.  In Schedule 3 (Treasury licences: purposes)—

(a) for paragraph 7, including the heading, substitute—

“Diplomatic missions etc.

7.— (1) To enable anything to be done in order that the functions of a diplomatic mission or consular post in Belarus or of an international organisation enjoying immunities in accordance with international law may be carried out.

(2) To enable anything to be done in order that the functions of a diplomatic mission or consular post of Belarus in the United Kingdom may be carried out.”;

(b) after paragraph 10 insert—

“Medical goods or services

10A.— (1) To enable anything to be done in connection with the provision of medical goods or services for the benefit of the civilian population of a country.

(2) To enable the import, export or use of medical goods.

(3) In paragraphs (1) and (2), “medical goods” includes medicines and medical devices.

Food

10B.   To enable anything to be done in connection with the production or distribution of food for the benefit of the civilian population of a country.”;

(c) for paragraph 14, including the heading, substitute—

“Diplomatic missions etc.

14.— (1) To enable anything to be done in order that the functions of a diplomatic mission or consular post in Belarus or of an international organisation enjoying immunities in accordance with international law may be carried out.

(2) To enable anything to be done in order that the functions of a diplomatic mission or consular post of Belarus in the United Kingdom may be carried out.”;

(d) after paragraph 14, insert—

“Medical goods or services

14A.— (1) To enable anything to be done in connection with the provision of medical goods or services for the benefit of the civilian population of a country.

(2) To enable the import, export or use of medical goods.

(3) In paragraphs (1) and (2), “medical goods” includes medicines and medical devices.

Food

14B.   To enable anything to be done in connection with the production or distribution of food for the benefit of the civilian population of a country.”;

(e) after paragraph 17, insert—

“Medical goods or services

18.— (1) To enable anything to be done in connection with the provision of medical goods or services for the benefit of the civilian population of a country.

(2) To enable the import, export or use of medical goods.

(3) In paragraphs (1) and (2), “medical goods” includes medicines and medical devices.

Food

19.   To enable anything to be done in connection with the production or distribution of food for the benefit of the civilian population of a country.

PART 4 Foreign exchange reserve and asset management services

Humanitarian assistance activity

20.   To enable anything to be done in connection with the performance of any humanitarian assistance activity.

Financial regulation

21.— (1) To enable anything to be done by, or on behalf of, a relevant financial authority for the purposes of the functions of that authority.

(2) In sub-paragraph (1), “relevant financial authority” means authorities involved in the regulation of financial services in the United Kingdom, including the Financial Conduct Authority, the Prudential Regulation Authority and the Bank of England.

Financial stability

22.   To enable anything to be done by a person, following consultation by that person (or a person acting on their behalf) with the Bank of England, that is necessary or expedient in order to protect or enhance the stability of the financial system of the United Kingdom.

Safety and soundness of a firm

23.   To enable anything to be done by a person, following consultation by that person (or a person acting on their behalf) with the relevant supervising authority or authorities, that is necessary or expedient in order to promote the safety and soundness of a firm which is supervised by the Bank of England, the Prudential Regulation Authority or the Financial Conduct Authority.

Extraordinary situation

24.   To enable anything to be done to deal with an extraordinary situation.”.

PART 9 Transitional provision and consequential amendments

Transitional provision: trade licences

45.—(1) Paragraph (2) applies in relation to a relevant authorisation which—

(a) was in effect immediately before the relevant date, and

(b) authorises an act which would (on and after the relevant date, and in the absence of paragraph (2)) be prohibited by Part 5 (Trade) of the 2019 Regulations,

and such a licence or authorisation is referred to in this regulation as an “existing trade licence”.

(2) A licence is deemed to have been issued at the beginning of the relevant date by the Secretary of State under regulation 33 (trade licences) of the 2019 Regulations—

(a) disapplying every provision of Part 5 of the 2019 Regulations which would, in the absence of this paragraph, prohibit any act authorised by the existing trade licence, and

(b) otherwise in the same terms as the existing trade licence.

(3) In this regulation—

“2019 Regulations” means the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019;

“relevant authorisation” means a licence or authorisation granted by the Secretary of State under—

(a)

the Export Control Order 2008,

(b)

the Dual-Use Regulation,

(c)

Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items(11) as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement(12), or

(d)

Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (recast)(13) as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;

“relevant date” means the date on which these Regulations come into force.

Amendment of the Merchant Shipping (Registration of Ships) Regulations 1993

46.—(1) Regulation 1 (citation, commencement and interpretation) of the Merchant Shipping (Registration of Ships) Regulations 1993(14) is amended as follows.

(2) In paragraph (2)—

(a) in the definition of “relevant provisions of the sanctions regulations”—

(i) at the end of paragraph (a), omit “or”;

(ii) at the end of paragraph (b), insert “or”;

(iii) after paragraph (b) insert—

“(c) regulation 29J(1) (registration of ships in the United Kingdom) of the Belarus (Sanctions) (EU Exit) Regulations 2019;”.

(b) in the definition of “termination directions”—

(i) at the end of paragraph (a), omit “or”;

(ii) at the end of paragraph (b), insert “or”;

(iii) after paragraph (b), insert—

“(c) regulation 29J(2) (registration of ships in the United Kingdom) of the Belarus (Sanctions) (EU Exit) Regulations 2019;”.

Ahmad

Minister of State

Foreign, Commonwealth and Development Office

30th June 2022