The Burma (Sanctions) (EU Exit) Regulations 2019

CHAPTER 2 U.K. Restricted goods and restricted technology

Export of restricted goods U.K.

22.—(1) The export of restricted goods to, or for use in, Burma is prohibited.

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

Commencement Information

I1 Reg. 22 not in force at made date, see reg. 1(2)

I2 Reg. 22 in force at 31.12.2020 by S.I. 2019/627, reg. 4(2); 2020 c. 1, Sch. 5 para. 1(1)

Supply and delivery of restricted goods U.K.

23.—(1) A person must not directly or indirectly supply or deliver restricted goods from a third country to a place in Burma.

(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 goods were destined (or ultimately destined) for Burma.

(4) In this regulation, “third country” means a country that is not the United Kingdom, the Isle of Man or Burma.

Commencement Information

I3 Reg. 23 not in force at made date, see reg. 1(2)

I4 Reg. 23 in force at 31.12.2020 by S.I. 2019/627, reg. 4(2); 2020 c. 1, Sch. 5 para. 1(1)

Making restricted goods and restricted technology available U.K.

24.—(1) A person must not—

(a) directly or indirectly make restricted goods or restricted technology available to a person connected with Burma;

(b) directly or indirectly make restricted goods or restricted technology available for use in Burma.

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

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but—

(a) it is a defence for a person charged with the offence of contravening paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Burma;

(b) it is a defence for a person charged with the offence of contravening paragraph (1)(b) to show that the person did not know and had no reasonable cause to suspect that the goods or technology were for use in Burma.

Commencement Information

I5 Reg. 24 not in force at made date, see reg. 1(2)

I6 Reg. 24 in force at 31.12.2020 by S.I. 2019/627, reg. 4(2); 2020 c. 1, Sch. 5 para. 1(1)

Transfer of restricted technology U.K.

25.—(1) A person must not—

(a) transfer restricted technology to a place in Burma;

(b) transfer restricted technology to a person connected with Burma.

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

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but—

(a) it is a defence for a person charged with the offence of contravening paragraph (1)(a) to show that the person did not know and had no reasonable cause to suspect that the transfer was to a place in Burma;

(b) it is a defence for a person charged with the offence of contravening paragraph (1)(b) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Burma.

Commencement Information

I7 Reg. 25 not in force at made date, see reg. 1(2)

I8 Reg. 25 in force at 31.12.2020 by S.I. 2019/627, reg. 4(2); 2020 c. 1, Sch. 5 para. 1(1)

Technical assistance relating to restricted goods and restricted technology U.K.

26.—(1) A person must not directly or indirectly provide technical assistance relating to restricted goods or restricted technology—

(a) to a person connected with Burma, or

(b) for use in Burma.

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

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but—

(a) it is a defence for a person charged with the offence of contravening paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Burma;

(b) it is a defence for a person charged with the offence of contravening paragraph (1)(b) to show that the person did not know and had no reasonable cause to suspect that the goods or technology were for use in Burma.

Commencement Information

I9 Reg. 26 not in force at made date, see reg. 1(2)

I10 Reg. 26 in force at 31.12.2020 by S.I. 2019/627, reg. 4(2); 2020 c. 1, Sch. 5 para. 1(1)

Financial services and funds relating to restricted goods and restricted technology U.K.

27.—(1) A person must not directly or indirectly provide, to a person connected with Burma, financial services in pursuance of or in connection with an arrangement whose object or effect is—

(a) the export of restricted goods,

(b) the direct or indirect supply or delivery of restricted goods,

(c) directly or indirectly making restricted goods or restricted technology available to a person,

(d) the transfer of restricted technology, or

(e) the direct or indirect provision of technical assistance relating to restricted goods or restricted technology.

(2) A person must not directly or indirectly make funds available to a person connected with Burma in pursuance of or in connection with an arrangement mentioned in paragraph (1).

(3) 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 of restricted goods to, or for use in, Burma,

(b) the direct or indirect supply or delivery of restricted goods to a place in Burma,

(c) directly or indirectly making restricted goods or restricted technology available—

(i) to a person connected with Burma, or

(ii) for use in Burma,

(d) the transfer of restricted technology—

(i) to a person connected with Burma, or

(ii) to a place in Burma, or

(e) the direct or indirect provision of technical assistance relating to restricted goods or restricted technology—

(i) to a person connected with Burma, or

(ii) for use in Burma.

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

(5) A person who contravenes a prohibition in any of paragraphs (1) to (3) commits an offence, but—

(a) it is a defence for a person charged with an offence of contravening 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 Burma;

(b) it is a defence for a person charged with an offence of contravening a prohibition in paragraph (3) to show that the person 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.

Commencement Information

I11 Reg. 27 not in force at made date, see reg. 1(2)

I12 Reg. 27 in force at 31.12.2020 by S.I. 2019/627, reg. 4(2); 2020 c. 1, Sch. 5 para. 1(1)

Brokering services: non-UK activity relating to restricted goods and restricted technology U.K.

28.—(1) A person must not directly or indirectly provide brokering services in relation to an arrangement (“arrangement A”) whose object or effect is—

(a) the direct or indirect supply or delivery of restricted goods from a third country to a place in Burma,

(b) directly or indirectly making restricted goods available in a third country for direct or indirect supply or delivery—

(i) to a person connected with Burma, or

(ii) to a place in Burma,

(c) directly or indirectly making restricted technology available in a third country for transfer—

(i) to a person connected with Burma, or

(ii) to a place in Burma,

(d) the transfer of restricted technology from a place in a third country—

(i) to a person connected with Burma, or

(ii) to a place in Burma,

(e) the direct or indirect provision, in a non-UK country, of technical assistance relating to restricted goods or restricted technology—

(i) to a person connected with Burma, or

(ii) for use in Burma,

(f) the direct or indirect provision, in a non-UK country, of financial services—

(i) to a person connected with Burma, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 27(1), or

(ii) where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 27(3),

(g) directly or indirectly making funds available, in a non-UK country, to a person connected with Burma, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 27(1), or

(h) the direct or indirect provision of funds from a non-UK country, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 27(3).

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

(3) A person who contravenes a 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 brokering services were provided in relation to an arrangement mentioned in that paragraph.

(4) In this regulation—

“non-UK country” means a country that is not the United Kingdom;

“third country” means—

(a)

for the purposes of paragraph (1)(a) and (b), a country that is not the United Kingdom, the Isle of Man or Burma, and

(b)

for the purposes of any other provision of paragraph (1), a country that is not the United Kingdom or Burma.

Commencement Information

I13 Reg. 28 not in force at made date, see reg. 1(2)

I14 Reg. 28 in force at 31.12.2020 by S.I. 2019/627, reg. 4(2); 2020 c. 1, Sch. 5 para. 1(1)