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40.—(1) A person (“P”) commits an offence if P provides insurance or reinsurance, or brokers the provision of insurance or reinsurance, to —
(a)the State of Syria or its Government, or its public bodies, corporations or agencies, or
(b)a person, entity or body acting on behalf of or at the direction of a person, entity or body referred to in sub-paragraph (a),
if P knows or has reasonable cause to suspect that the insurance or reinsurance is being provided to such a person, entity or body.
(2) Paragraph (1) applies to the extension or renewal of an insurance or reinsurance agreement concluded before the date on which this Order comes into force (except where there is a prior contractual obligation on the part of the insurer or reinsurer to accept an extension or renewal of a policy), but, subject to articles 26 to 29, does not apply to compliance with an insurance or reinsurance agreement concluded before that date.
(3) Paragraph (1) does not apply to the provision of compulsory or third party liability insurance or reinsurance to Syrian persons, entities or bodies based in the Territory, or to the provision of insurance for Syrian diplomatic or consular missions in the Territory.
(4) Paragraph (1)(b) does not apply to the provision of—
(a)insurance, including health and travel insurance, to individuals acting in their private capacity, or
(b)reinsurance relating to insurance falling within sub-paragraph (a).
(5) Paragraph (1)(b) does not prevent the provision of insurance or reinsurance or brokering of insurance to the owner of a vessel, aircraft or vehicle which is chartered by a person, entity or body referred to in paragraph (1)(a), provided that the person, entity or body to which it is chartered is not a designated person.
(6) For the purposes of paragraph (1)(b), a person, entity or body does not act at the direction of a person, entity or body referred to in paragraph (1)(a) where the direction is for the purposes of docking, loading, unloading or safe transit of a vessel or aircraft temporarily in Syrian waters or airspace.
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