The Russia (Sanctions) (EU Exit) (Amendment) Regulations 2023

Insertion of Chapter 4GA of Part 5

5.  After regulation 46X insert—

“CHAPTER 4GA Schedule 3DA revenue generating goods

Interpretation

46XA.   In this Chapter—

“Schedule 3DA revenue generating goods” means any thing specified in Schedule 3DA;

“third country” means a country that is not the United Kingdom, the Isle of Man or Russia.

Import of Schedule 3DA revenue generating goods

46XB.— (1) The import of Schedule 3DA revenue generating goods which are consigned from Russia is prohibited.

(2) The import of Schedule 3DA revenue generating goods which originate in Russia is prohibited.

(3) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences).

Acquisition of Schedule 3DA revenue generating goods

46XC.— (1) A person must not directly or indirectly acquire Schedule 3DA revenue generating goods which—

(a) originate in Russia; or

(b) are located in Russia.

(2) Paragraph (1) is subject to Part 7 (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 goods originated in Russia;

(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 were located in Russia.

Supply and delivery of Schedule 3DA revenue generating goods to a third country

46XD.— (1) A person must not directly or indirectly supply or deliver Schedule 3DA revenue generating goods from a place in Russia to a third country.

(2) Paragraph (1) is subject to Part 7 (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 the offence of contravening paragraph (1) to show that the person did not know and had no reasonable cause to suspect that the supply or delivery was from a place in Russia, whether directly or indirectly.

Technical assistance relating to Schedule 3DA revenue generating goods

46XE.— (1) A person must not directly or indirectly provide technical assistance relating to—

(a) the import of Schedule 3DA revenue generating goods which—

(i) originate in Russia; or

(ii) are consigned from Russia;

(b) the direct or indirect acquisition of Schedule 3DA revenue generating goods which—

(i) originate in Russia; or

(ii) are located in Russia;

(c) the direct or indirect supply or delivery of Schedule 3DA revenue generating goods from a place in Russia to a third country.

(2) Paragraph (1) is subject to Part 7 (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 an offence of contravening paragraph (1)(a), to show that the person did not know and had no reasonable cause to suspect that the technical assistance related to an import described in that paragraph;

(b) it is a defence for a person charged with an offence of contravening paragraph (1)(b), to show that the person did not know and had no reasonable cause to suspect that the technical assistance related to an acquisition described in that paragraph;

(c) it is a defence for a person charged with an offence of contravening paragraph (1)(c), to show that the person did not know and had no reasonable cause to suspect that the technical assistance related to a supply or delivery described in that paragraph.

Financial services and funds relating to Schedule 3DA revenue generating goods

46XF.— (1) 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 import of Schedule 3DA revenue generating goods which—

(i) originate in Russia; or

(ii) are consigned from Russia;

(b) the direct or indirect acquisition of Schedule 3DA revenue generating goods which—

(i) originate in Russia; or

(ii) are located in Russia;

(c) the direct or indirect supply or delivery of Schedule 3DA revenue generating goods from a place in Russia to a third country.

(2) Paragraph (1) is subject to Part 7 (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 financial services or funds (as the case may be) were provided in pursuance of or in connection with an arrangement mentioned in that paragraph.

Brokering services relating to Schedule 3DA revenue generating goods

46XG.— (1) A person must not directly or indirectly provide brokering services in relation to any arrangements described in regulation 46XF(1)(a) to (c).

(2) Paragraph (1) is subject to Part 7 (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.”.