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

[F1 CHAPTER 2B U.K. Potash and petroleum products

Textual Amendments

F1 Pt. 5 Chs. 2A-2C 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), 19

Import of potash and petroleum products U.K.

27I.— (1) The import of goods to which this paragraph applies which originate in Belarus is prohibited.

(2) The import of goods to which this paragraph applies which are consigned from Belarus is prohibited.

(3) Paragraphs (1) and (2) apply to—

(a) potash;

(b) petroleum products.

(4) Paragraphs (1) and (2) are subject to Part 6 (Exceptions and licences).

Acquisition of potash and petroleum products U.K.

27J.— (1) A person must not directly or indirectly acquire goods to which this paragraph applies—

(a) which originate in Belarus;

(b) which are located in Belarus.

(2) Paragraph (1) applies to—

(a) potash;

(b) petroleum products.

(3) A person must not directly or indirectly acquire potash from a person connected with Belarus.

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

(5) A person who contravenes a prohibition in paragraph (1) or (3) 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 Belarus;

(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 Belarus;

(c) it is a defence for a person charged with the offence of contravening paragraph (3) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Belarus.

Supply and delivery of potash and petroleum products U.K.

27K.— (1) A person must not directly or indirectly supply or deliver goods to which this paragraph applies from a place in Belarus to a third country.

(2) A person must not directly or indirectly supply or deliver goods to which this paragraph applies from a place in a non-UK country to a place in a different non-UK country where those goods originate in Belarus.

(3) Paragraphs (1) and (2) apply to—

(a) potash;

(b) petroleum products.

(4) Paragraphs (1) and (2) are subject to Part 6 (Exceptions and licences).

(5) A person who contravenes a prohibition in paragraph (1) or (2) commits an offence, but—

(a) 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 Belarus, whether directly or indirectly;

(b) it is a defence for a person charged with the offence of contravening paragraph (2) to show that the person did not know and had no reasonable cause to suspect that the goods originated in Belarus.

(6) In this regulation—

“non-UK country” means a country that is not the United Kingdom or the Isle of Man;

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

Technical assistance relating to petroleum products U.K.

27L.— (1) A person must not directly or indirectly provide technical assistance relating to—

(a) the import of petroleum products which—

(i) originate in Belarus, or

(ii) are consigned from Belarus;

(b) the direct or indirect acquisition of petroleum products—

(i) originating in Belarus, or

(ii) located in Belarus;

(c) the direct or indirect supply or delivery of petroleum products from a place in Belarus to a third country;

(d) the direct or indirect supply or delivery of petroleum products from a place in a non-UK country to a place in a different non-UK country where the petroleum products originate in Belarus.

(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 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) or (d), 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 paragraph (c) or (d), as applicable.

(4) In this regulation—

“non-UK country” means a country that is not the United Kingdom or the Isle of Man;

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

Financial services, funds and brokering services relating to petroleum products U.K.

27M.— (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 petroleum products which—

(i) originate in Belarus, or

(ii) are consigned from Belarus;

(b) the direct or indirect acquisition of petroleum products—

(i) originating in Belarus, or

(ii) located in Belarus;

(c) the direct or indirect supply or delivery of petroleum products from a place in Belarus to a third country;

(d) the direct or indirect supply or delivery of petroleum products from a place in a non-UK country to a place in a different non-UK country where the petroleum products originate in Belarus.

(2) A person must not directly or indirectly provide brokering services in relation to any arrangements described in paragraph (1).

(3) Paragraphs (1) and (2) are subject to Part 6 (Exceptions and licences).

(4) 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.

(5) A person who contravenes a prohibition in paragraph (2) 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.

(6) In this regulation—

“non-UK country” means a country that is not the United Kingdom or the Isle of Man;

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