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

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).