The Republic of Belarus (Sanctions) (EU Exit) Regulations 2019

Designation [F1 criteria: meaning of “involved person] U.K.

6.—F2 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) [F3 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)] an “involved person” means a person who—

(a) is or has been involved in—

(i) conduct enabling or facilitating—

(aa) the disappearance of Yury Zakharanka, Viktar Hanchar, Anatol Krasouski or Dzmitry Zavadski, or

(bb) the failure to investigate properly or institute criminal proceedings against the persons responsible for those disappearances,

(ii) the commission of a serious human rights violation or abuse in Belarus,

(iii) the repression of civil society or democratic opposition in Belarus, F4 ...

(iv) other actions, policies or activities which undermine democracy or the rule of law in Belarus,

[F5 (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,]

(b) is owned or controlled directly or indirectly (within the meaning of regulation 7) by a person who is or has been so involved,

(c) is acting on behalf of or at the direction of a person who is or has been so involved, or

(d) is a member of, or associated with, a person who is or has been so involved.

(3) Any reference in this regulation to being involved in an activity set out in [F6 paragraphs (2)(a)(i) to (vi)] above includes being so involved in whatever way and wherever any actions constituting the involvement take place, and in particular includes—

(a) being responsible for, engaging in, providing support for, or promoting, any such activity;

(b) providing financial services, or making available funds or economic resources, that could contribute to any such activity;

(c) being involved in the supply to Belarus of [F7 goods or technology mentioned in regulation 23(1A) (making available goods and technology to a person connected with, or for use in, Belarus)] or of material related to such goods or technology, or in providing financial services relating to such supply;

(d) being involved in the supply to Belarus of goods or technology which could contribute to any such activity, or in providing financial services relating to such supply;

[F8 (da) providing support for or obtaining an economic benefit from the Government of Belarus;]

(e) being involved in assisting the contravention or circumvention of any relevant provision.

[F9 (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, F10 ...

(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) [F11 ;]

[F12 (e) holding the right, directly or indirectly, to nominate at least one 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).]]

[F13 (3B) For the purposes of this regulation, a person is involved in “conduct destabilising Ukraine or undermining or threatening the territorial integrity, sovereignty or independence of Ukraine” or “obtaining a benefit from or supporting the Government of Belarus through carrying on a relevant business activity” if they work for, or are affiliated to, the Government of Belarus, as—

(a) an aide or adviser to the President of Belarus;

(b) a head or deputy head of any public body, service or committee subordinate to the President of Belarus or the Council of Ministers of the Republic of Belarus, including the Administration of the President of the Republic of Belarus;

(c) a member of the Security Council of Belarus;

(d) a Prime Minister, First Deputy Prime Minister or Deputy Prime Minister of Belarus;

(e) a Minister or Deputy Minister of any Ministry of Belarus;

(f) a Chairperson or member of the Board of Directors of the National Bank of the Republic of Belarus;

(g) a head or deputy head of the Minsk City Executive Committee or any Regional Executive Committee;

(h) a head or deputy head of any other public body, committee or agency of the Government of Belarus;

(i) a member of the armed forces or law-enforcement organs of Belarus holding a rank of Lieutenant-Colonel, or equivalent, or higher;

(j) a member of the Belarussian security and intelligence services of the rank of Lieutenant-Colonel, or equivalent, or higher; or

(k) a director or manager, or equivalent position or higher, of a Government of Belarus-affiliated entity.

(3C) In paragraph (2)(d), being “associated with” a person includes—

(a) obtaining a financial benefit or other material benefit from that person;

(b) being an immediate family member of that person.]

[F14 (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;

[F15 “immediate family member” means—

(a)

a wife or husband;

(b)

a civil partner;

(c)

a parent or step-parent;

(d)

a child or step-child;

(e)

a sibling or step-sibling;

(f)

a niece or nephew;

(g)

an aunt or uncle;

(h)

a grandparent;

(i)

a grandchild;]

“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.]

(5) Nothing in any paragraph of sub-paragraph (2)(a) is to be taken to limit the meaning of any of the other paragraphs of that sub-paragraph.

(6) Nothing in any sub-paragraph of paragraph (3) is to be taken to limit the meaning of any of the other sub-paragraphs of that paragraph.

F16 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in reg. 6 heading substituted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 8(a)

F2 Reg. 6(1) omitted (5.7.2022) by virtue of The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 8(b)

F3 Words in reg. 6(2) substituted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 8(c)(i)

F4 Word in reg. 6(2)(a)(iii) omitted (5.7.2022) by virtue of The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 8(c)(ii)(aa)

F5 Reg. 6(2)(a)(v)-(vii) inserted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 8(c)(ii)(bb)

F6 Words in reg. 6(3) substituted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 8(d)(i)

F7 Words in reg. 6(3)(c) substituted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 8(d)(ii)

F8 Reg. 6(3)(da) inserted (14.10.2021 at noon) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/1146), regs. 1(2), 6(a)

F9 Reg. 6(3A) inserted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 8(e)

F10 Word in reg. 6(3A)(c) omitted (9.6.2023) by virtue of The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/616), regs. 1(2), 5(a)(i)

F11 Reg. 6(3A)(d)(ii): semicolon substituted for full stop (9.6.2023) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/616), regs. 1(2), 5(a)(ii)

F12 Reg. 6(3A)(e) inserted (9.6.2023) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/616), regs. 1(2), 5(a)(iii)

F13 Reg. 6(3B)(3C) inserted (9.6.2023) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/616), regs. 1(2), 5(b)

F14 Reg. 6(4) substituted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 8(f)

F15 Words in reg. 6(4) inserted (9.6.2023) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/616), regs. 1(2), 5(c)

F16 Reg. 6(7) omitted (5.7.2022) by virtue of The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 8(g)

Commencement Information

I1 Reg. 6 not in force at made date, see reg. 1(2)

I2 Reg. 6 in force at 22.3.2019 by S.I. 2019/627, reg. 12(1)(e)