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

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[F1CHAPTER 2BU.K.[F2Imports from Belarus and related activities]

Textual Amendments

Import of [F3goods originating in, or consigned from, Belarus] 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—

[F4(a)arms and related materiel;

(b)cement;

(c)gold and gold jewellery which has been exported from Belarus on or after the relevant day;

(d)iron and steel products;

(e)mineral products;

(f)potash;

(g)relevant processed gold;

(h)rubber;

(i)wood.]

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

[F5(5) In this regulation and regulation 27J “arms and related materiel” means—

(a)military goods, and

(b)any thing which falls within chapter 93 of the Goods Classification Table, other than military goods.

(6) For the purposes of the definition of “arms and related materiel”, whether a thing “falls within chapter 93 of the Goods Classification Table” is to be interpreted in accordance with paragraph 1 of Schedule 2B.]

[F6(7) In this Chapter, “relevant day” means the day on which this paragraph comes into force.]

Textual Amendments

Acquisition of [F7goods connected to Belarus] 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—

[F8(a)arms and related materiel;

(b)cement;

(c)gold and gold jewellery which has been exported from Belarus on or after the relevant day;

(d)iron and steel products;

(e)mineral products;

(f)potash;

(g)rubber;

(h)wood.]

(3) A person must not directly or indirectly acquire potash [F9, military goods or military technology] 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.

Textual Amendments

Supply and delivery of [F10goods to places outside the UK] 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.

[F11(3) Paragraph (1) applies to—

[F12(a)arms and related materiel;

(b)cement;

(c)gold and gold jewellery which has been exported from Belarus on or after the relevant day;

(d)iron and steel products;

(e)mineral products;

(f)potash;

(g)rubber;

(h)wood.]

(3A) Paragraph (2) applies to—

[F13(a)cement;

(b)gold and gold jewellery which has been exported from Belarus on or after the relevant day;

(c)mineral products;

(d)potash;

(e)rubber;

(f)wood.]]

(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.

Textual Amendments

Technical assistance relating to [F14certain activities] U.K.

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

(a)the import of [F15cement, gold and gold jewellery which has been exported from Belarus on or after the relevant day, iron and steel products, mineral products, potash, relevant processed gold, rubber or wood] which—

(i)originate in Belarus, or

(ii)are consigned from Belarus;

(b)the direct or indirect acquisition of [F16cement, gold and gold jewellery which has been exported from Belarus on or after the relevant day, iron and steel products, mineral products, potash, relevant processed gold, rubber or wood]—

(i)originating in Belarus, or

(ii)located in Belarus;

(c)the direct or indirect supply or delivery of [F17cement, gold and gold jewellery which has been exported from Belarus on or after the relevant day, iron and steel products, mineral products, potash, relevant processed gold, rubber or wood] from a place in Belarus to a third country;

(d)the direct or indirect supply or delivery of [F18cement, gold and gold jewellery which has been exported from Belarus on or after the relevant day, mineral products, potash, relevant processed gold, rubber or wood] from a place in a non-UK country to a place in a different non-UK country where the [F18cement, gold and gold jewellery which has been exported from Belarus on or after the relevant day, mineral products, potash, relevant processed gold, rubber or wood] 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.

Textual Amendments

Financial services, funds and brokering services relating to [F19certain arrangements] 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 [F20cement, gold and gold jewellery which has been exported from Belarus on or after the relevant day, iron and steel products, mineral products, potash, relevant processed gold, rubber or wood] which—

(i)originate in Belarus, or

(ii)are consigned from Belarus;

(b)the direct or indirect acquisition of [F21cement, gold and gold jewellery which has been exported from Belarus on or after the relevant day, iron and steel products, mineral products, potash, relevant processed gold, rubber or wood]—

(i)originating in Belarus, or

(ii)located in Belarus;

(c)the direct or indirect supply or delivery of [F22cement, gold and gold jewellery which has been exported from Belarus on or after the relevant day, iron and steel products, mineral products, potash, relevant processed gold, rubber or wood] from a place in Belarus to a third country;

(d)the direct or indirect supply or delivery of [F23cement, gold and gold jewellery which has been exported from Belarus on or after the relevant day, mineral products, potash, relevant processed gold, rubber or wood] from a place in a non-UK country to a place in a different non-UK country where the [F23cement, gold and gold jewellery which has been exported from Belarus on or after the relevant day, mineral products, potash, relevant processed gold, rubber or wood] 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.]

Textual Amendments

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