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30.—(1) The prohibition in regulation 11 (asset-freeze in relation to designated persons) is not contravened by an independent person (“P”) transferring to another person a legal or equitable interest in funds or economic resources where, immediately before the transfer, the interest—
(a)is held by P, and
(b)is not held jointly with the designated person.
(2) In paragraph (1) “independent person” means a person who—
(a)is not the designated person, and
(b)is not owned or controlled directly or indirectly (within the meaning of regulation 7) by the designated person.
(3) The prohibitions in regulations 11 to 13 (asset-freeze in relation to, and making funds available to, or for the benefit of, designated persons) are not contravened by a relevant institution crediting a frozen account with interest or other earnings due on the account.
(4) The prohibitions in regulations 12 and 13 (making funds available to, or for the benefit of, designated persons) are not contravened by a relevant institution crediting a frozen account where it receives funds transferred to that institution for crediting to that account.
(5) The prohibitions in regulations 12 and 13 are not contravened by the transfer of funds to a relevant institution for crediting to an account held or controlled (directly or indirectly) by a designated person, where those funds are transferred in discharge (or partial discharge) of an obligation which arose before the date on which the person became a designated person.
(6) The prohibitions in regulations 11 to 13 are not contravened in relation to a designated person (“P”) by a transfer of funds from account A to account B, where—
(a)account A is with a relevant institution which carries on an excluded activity within the meaning of section 142D of the Financial Services and Markets Act 2000 M1,
(b)account B is with a ring-fenced body within the meaning of section 142A of the Financial Services and Markets Act 2000 M2, and
(c)accounts A and B are held or controlled (directly or indirectly) by P.
[F2(6A) The prohibitions in regulations 11 to 15 are not contravened by—
(a)the purchase in Belarus of [F3mineral products] —
(i)by an individual, on a retail basis, for that individual’s personal use, or
(ii)solely for the purposes of the performance of any humanitarian assistance activity in Belarus;
(b)the provision of any financial service or the making available of any funds in pursuance of or in connection with a purchase specified in sub-paragraph (a).]
(7) In this regulation—
“designated person” has the same meaning as it has in Part 3 (Finance);
“frozen account” means an account with a relevant institution which is held or controlled (directly or indirectly) by a designated person;
[F4“mineral products” has the meaning given in regulation 20(3);]
“relevant institution” means a person that has permission under Part 4A of the Financial Services and Markets Act 2000 M3 (permission to carry on regulated activity).
(8) The definition of “relevant institution” in paragraph (7) is to be read with section 22 of the Financial Services and Markets Act 2000 M4, any relevant order under that section M5 and Schedule 2 to that Act M6.
Textual Amendments
F1Words in reg. 30 heading substituted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 29(a)
F2Reg. 30(6A) 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), 22
F3Words in reg. 30(6A)(a) substituted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 29(b)
F4Words in reg. 30(7) inserted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 29(c)
Commencement Information
I1Reg. 30 not in force at made date, see reg. 1(2)
I2Reg. 30 in force at 31.12.2020 by S.I. 2019/627, reg. 12(2); 2020 c. 1, Sch. 5 para. 1(1)
Marginal Citations
M12000 c.8. Section 142D was inserted by the Financial Services (Banking Reform) Act 2013 (c.33), section 4(1).
M2Section 142A was inserted by the Financial Services (Banking Reform) Act 2013 (c.33), section 4(1).
M3Part 4A was inserted by the Financial Services Act 2012 (c.21), section 11(2) and amended by S.I. 2018/135.
M4Section 22 was amended by the Financial Guidance and Claims Act 2018 (c.10), section 27(4); the Financial Services Act 2012, section 7(1); and S.I. 2018/135.
M5S.I. 2001/544 as most recently amended by S.I. 2018/1288 and prospectively amended by S.I. 2018/1403.
M6Schedule 2 was amended by the Regulation of Financial Services (Land Transactions) Act 2005 (c.24), section 1; the Dormant Bank and Building Society Accounts Act 2008 (c.31), section 15 and Schedule 2, paragraph 1; the Financial Services Act 2012, sections 7(2) to (5) and 8; and S.I. 2013/1881; and it is prospectively amended by S.I. 2018/135.
30A.—(1) Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in any of regulations 11 to 15 (asset-freeze etc.) [F6, 15B (loans and credit arrangements) [F7, 15C (insurance and reinsurance services)or 15CA (provision of financial services relating to foreign reserve and asset management)], or Chapters 2, F8... 2B or 2C] of Part 5 (Trade) (“the relevant prohibition”), the relevant prohibition is not contravened if the conduct is authorised by a licence or other authorisation which is issued—
(a)under the law of the relevant country, and
(b)for the purpose of disapplying a prohibition in that jurisdiction which corresponds to the relevant prohibition.
(2) In this regulation—
“relevant country” means—
any of the Channel Islands,
the Isle of Man, or
any British overseas territory.]
Textual Amendments
F5Reg. 30A inserted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 4) Regulations 2020 (S.I. 2020/951), regs. 1(2), 6(2); S.I. 2020/1514, reg. 18
F6Words in reg. 30A(1) substituted (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), 23
F7Words in reg. 30A(1) substituted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 30(a)
F8Word in reg. 30A(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), 30(b)
31.—(1) Where an act would, in the absence of this paragraph, be prohibited by the prohibition in regulation 9(2) (confidentiality) or any prohibition in Part 3 (Finance) [F9, 5 (Trade) [F10, 5A (Aircraft) or 5B (Ships)]], that prohibition does not apply to the act if the act is one which a responsible officer has determined would be in the interests of—
(a)national security, or
(b)the prevention or detection of serious crime in the United Kingdom or elsewhere.
(2) Where, in the absence of this paragraph, a thing would be required to be done under or by virtue of a provision of [F11Part 5A (Aircraft),] Part 7 (Information and records) or Part 9 (Maritime enforcement), that requirement does not apply if a responsible officer has determined that not doing the thing in question would be in the interests of—
(a)national security, or
(b)the prevention or detection of serious crime in the United Kingdom or elsewhere.
(3) In this regulation “responsible officer” means a person in the service of the Crown or holding office under the Crown, acting in the course of that person's duty.
Textual Amendments
F9Words in reg. 31(1) substituted (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), 24(a)
F10Words in reg. 31(1) substituted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 31
F11Words in reg. 31(2) 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), 24(b)
Commencement Information
I3Reg. 31 not in force at made date, see reg. 1(2)
I4Reg. 31 in force at 31.12.2020 by S.I. 2019/627, reg. 12(2); 2020 c. 1, Sch. 5 para. 1(1)
31A.—(1) The prohibitions in regulation 15B (loans and credit arrangements) are not contravened by the grant of—
[F13(a)a relevant loan that has a specific and documented objective of making emergency funds available to meet applicable solvency or liquidity criteria for a relevant subsidiary;
(b)a relevant loan consisting of a drawdown or disbursement made under an arrangement entered into before—
(i)in the case of a category A loan, the date on which the Amendment Regulations 2021 came into force;
(ii)in the case of a category B loan or a category C loan, the date on which the Amendment Regulations 2022 came into force,
where the conditions in paragraph (2) are met.]
(2) The conditions referred to in [F14paragraph (1)(c)] are that—
(a)all the terms and conditions of such drawdowns or disbursements—
[F15(i)were agreed before—
(aa)in the case of a category A loan, the date on which the Amendment Regulations 2021 came into force, or
(bb)in the case of a category B loan or a category C loan, the date on which the Amendment Regulations 2022 came into force;]
(ii)have not been modified on or after that date; and
(b)a contractual maturity date has been fixed for the repayment in full of all funds made available and for the cancellation of all the rights and obligations under the arrangement.
[F16(3) In this regulation—
(a)“category A loan”, “category B loan” , “category C loan” and “relevant loan” have the meanings given to them in regulation 15B;
(b)“relevant subsidiary” means a person, other than an individual, which is—
(i)incorporated or constituted under the law of any part of the United Kingdom, and
(ii)majority owned (within the meaning of regulation 15D(3)) by a person, other than an individual, that is connected with Belarus.]
Textual Amendments
F12Regs. 31A-31C 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), 25
F13Reg. 31A(1)(a)(b) substituted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 32(a)
F14Words in reg. 31A(2) substituted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 32(b)(i)
F15Reg. 31A(2)(a)(i) substituted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 32(b)(ii)
F16Reg. 31A(3) substituted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 32(c)
31B.—(1) The prohibition in regulation 15C (insurance and reinsurance services) is not contravened by—
(a)the provision of compulsory or third party insurance to an individual who is a national of Belarus, or to a body incorporated or constituted under the law of Belarus which is, located in the United Kingdom;
(b)the provision of insurance for a diplomatic mission or consular post of Belarus in the United Kingdom.
(2) The prohibition in regulation 15C, insofar as it prohibits the provision of insurance or reinsurance services to persons falling within paragraph (2)(d) of that regulation, is not contravened by the provision of insurance or reinsurance services to an individual falling within that paragraph, provided that the insurance or reinsurance is for that individual’s personal use.
Textual Amendments
F12Regs. 31A-31C 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), 25
31C.—(1) [F18The prohibition in regulation 27J(1) (acquisition of goods connected to Belarus) is not contravened by the purchase in Belarus of mineral products—]
(a)by an individual on a retail basis, for that individual’s personal use, or
(b)solely for the purposes of the performance of any humanitarian assistance activity in Belarus.
[F19(2) The prohibitions in regulations 27I (import of goods originating in, or consigned from, Belarus) and 27K (supply and delivery of goods to places outside the UK) are not contravened by the import or supply or delivery of mineral products which have been purchased as described in paragraph (1).]
(3) [F20The prohibitions in regulations 27L (technical assistance relating to certain activities) and 27M (financial services, funds and brokering services relating to certain arrangements) are not contravened by the provision of—]
(a)any technical assistance relating to a purchase specified in paragraph (1);
(b)any financial service or funds in pursuance of or in connection with an arrangement whose object or effect is a purchase specified in paragraph (1);
(c)any brokering service in relation to any arrangement whose object or effect is a purchase specified in paragraph (1).
F21(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F12Regs. 31A-31C 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), 25
F17Words in reg. 31C heading substituted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 33(a)
F18Words in reg. 31C substituted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 33(b)
F19Reg. 31C(2) substituted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 33(c)
F20Words in reg. 31C(3) substituted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 33(d)
F21Reg. 31C(4) omitted (5.7.2022) by virtue of The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 33(e)
31D.—(1) The prohibitions to which this paragraph applies are not contravened by a relevant activity in relation to any critical-industry goods, critical-industry technology, [F23machinery-related goods, machinery-related technology,] quantum computing and advanced materials goods or quantum computing and advanced materials technology which are—
(a)the personal effects of a person travelling to Belarus,
(b)of a non-commercial nature for the personal use of a person travelling to Belarus and contained in that person’s luggage, or
(c)necessary for the official purposes of a diplomatic mission or consular post in Belarus, or of an international organisation enjoying immunities in accordance with international law.
(2) Paragraph (1) applies to the prohibitions in Chapter 2 of Part 5 (exports to Belarus and related activities), other than the prohibition in regulation 24A (provision of interception and monitoring services).
(3) The prohibitions in regulations 21 to 23 (export of goods, supply and delivery of goods, and making available goods and technology) are not contravened by a relevant activity in relation to any luxury goods which are—
(a)necessary for the official purposes of a diplomatic mission or consular post in Belarus, or of an international organisation enjoying immunities in accordance with international law, or
(b)the personal effects of their staff.
[F24(3A) The prohibitions in regulations 21 to 23 (export of goods, supply and delivery of goods, and making available goods and technology) are not contravened by a relevant activity where—
(a)the luxury goods are gold jewellery;
(b)the relevant activity is the export of those goods to Belarus by a person who is travelling to Belarus (“P”);
(c)the jewellery is—
(i)of a non-commercial nature;
(ii)for the personal use of P or of any immediate family member of P who is travelling with P (“I”); and
(iii)contained in P or I’s luggage;
(d)the gold jewellery is owned by any of the persons referred to in sub-paragraph (c)(ii); and
(e)the jewellery is not intended for sale.
(3B) The prohibitions in Chapter 2B of Part 5 (imports from Belarus and related activities) are not contravened by a relevant activity in relation to any gold, gold jewellery and relevant processed gold which is necessary for the official purposes of a diplomatic mission or consular post in Belarus, or an international organisation enjoying immunities in accordance with international law.
(3C) The prohibitions in Chapter 2B of Part 5 are not contravened by a relevant activity where—
(a)the relevant activity is the import or acquisition of gold jewellery by a person who is travelling to the United Kingdom (“P”);
(b)the gold jewellery is—
(i)of a non-commercial nature;
(ii)for the personal use of P or of any immediate family member of P who is travelling with P (“I”); and
(iii)contained in P or I’s luggage;
(c)the gold jewellery is owned by any of the persons referred to in sub-paragraph (b)(ii); and
(d)the gold jewellery is not intended for sale.]
(4) In this regulation—
[F25(a)“critical-industry goods”, “critical-industry technology”, “gold”, “gold jewellery”, “luxury goods”, “machinery-related goods”, “machinery-related technology”, “quantum computing and advanced materials goods”, “quantum computing and advanced materials technology” and “relevant processed gold” have the meanings given in regulation 20(3) (interpretation of Part 5);]
(b)“relevant activity” means any activity which would, in the absence of this regulation, contravene the prohibitions mentioned in paragraphs (2) or (3).
Textual Amendments
F22Regs. 31D-31I inserted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 34
F23Words in reg. 31D(1) inserted (9.6.2023) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/616), regs. 1(2), 11(a)
F24Reg. 31D(3A)-(3C) inserted (9.6.2023) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/616), regs. 1(2), 11(b)
F25Reg. 31D(4)(a) substituted (9.6.2023) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/616), regs. 1(2), 11(2)
31E.—(1) The prohibitions to which this paragraph applies are not contravened by a relevant activity in relation to critical-industry goods, critical-industry technology [F26, machinery-related goods, machinery-related technology] or luxury goods which are—
(a)consumer communication devices for civilian use, or
(b)software updates for civilian use.
(2) Paragraph (1) applies to the prohibitions in Chapter 2 of Part 5 (exports to Belarus and related activities), other than the prohibition in regulation 24A (provision of interception and monitoring services).
(3) For the purposes of paragraph (1)—
(a)goods are “for civilian use” if they are not—
(i)for use by the Belarusian military or any other military end-user, or
(ii)for any military use;
(b)technology is “for civilian use” if it—
(i)does not relate to activities carried on or proposed to be carried on by the Belarusian military or any other military end user, and
(ii)is not for any military use;
(c)“consumer communication devices” has the meaning given in Schedule 2D;
(d)“critical-industry goods”, “critical-industry technology” [F27, “machinery-related goods”, “machinery-related technology”] and “luxury goods” have the meanings given in regulation 20(3) (interpretation of Part 5);
(e)“relevant activity” means any activity which would, in the absence of this regulation, contravene the prohibitions to which paragraph (1) applies.
Textual Amendments
F22Regs. 31D-31I inserted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 34
F26Words in reg. 31E(1) inserted (9.6.2023) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/616), regs. 1(2), 12(a)
F27Words in reg. 31E(3)(d) inserted (9.6.2023) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/616), regs. 1(2), 12(b)
31F.—(1) The prohibitions to which this paragraph applies are not contravened by any act done by a person (“P”), where P provides justification to the Secretary of State within the relevant period that the act is an act dealing with an emergency.
(2) Paragraph (1) applies to the prohibitions in Chapter 2 of Part 5 (exports to Belarus and related activities), so far as those prohibitions apply to critical-industry goods, critical-industry technology, [F28machinery-related goods, machinery-related technology,] oil refining goods or oil refining technology, other than the prohibition in regulation 24A (provision of interception and monitoring services).
(3) In this regulation—
“an act dealing with an emergency” means an act assisting with the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health or safety, infrastructure or the environment;
“critical-industry goods” and “critical-industry technology” have the meanings given in regulation 20(3);
[F29“machinery-related goods” and “machinery-related technology” have the meanings given in regulation 20(3);]
“oil refining goods” and “oil refining technology” have the meanings given in regulation 20(3);
“relevant period”, in relation to an act, means the period of 5 working days beginning with the day on which the act is done.
Textual Amendments
F22Regs. 31D-31I inserted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 34
F28Words in reg. 31F(2) inserted (9.6.2023) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/616), regs. 1(2), 13(a)
F29Words in reg. 31F(3) inserted (9.6.2023) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/616), regs. 1(2), 13(b)
31G.—(1) The prohibitions in regulation 27N (technical assistance relating to aircraft and ships) are not contravened by the provision of any technical assistance where a failure to provide that assistance would endanger—
(a)the lives of persons on board—
(i)an aircraft, or
(ii)a ship;
(b)the safety of—
(i)an aircraft in flight, or
(ii)a ship at sea.
(2) In this regulation, the following terms have the same meaning as they have in regulation 27N—
“aircraft”;
“ship”.
Textual Amendments
31H.—(1) The prohibition in regulation 29A(A1)(b) (movement of aircraft) is not contravened by the landing of a Belarusian aircraft in the United Kingdom if failing to land would endanger the lives of persons on board or the safety of the aircraft.
(2) The prohibition in regulation 29A(A1)(a) is not contravened by the flight of a Belarusian aircraft in the airspace over the United Kingdom preparatory to a landing as mentioned in paragraph (1).
(3) The directions in regulation 29A(1) to (5) are not contravened by conduct necessary to—
(a)avoid endangering the lives of persons on board or the safety of the aircraft,
(b)protect the safety of another aircraft, or
(c)protect the safety of persons on the ground.
(4) The prohibition in regulation 29A(A1) is not contravened by the movement of a Belarusian aircraft if—
(a)a direction has been given in relation to that aircraft under regulation 29A(2)(b), (4)(b) or (5)(c), and
(b)the movement of the aircraft is in accordance with that direction.
(5) In this regulation, “Belarusian aircraft” has the same meaning as in regulation 29A.
Textual Amendments
31I.—(1) The prohibition in regulation 29F(1) (prohibition on port entry) is not contravened by providing a ship with access to a port if—
(a)a port entry direction has been given in relation to the ship under regulation 29H (movement of ships), or
(b)the access is needed by the ship in a case of emergency.
(2) The prohibition in regulation 29F(2) is not contravened by the entry into port of a ship if—
(a)a port entry direction has been given in relation to the ship under regulation 29H, or
(b)the entry is needed by the ship in a case of emergency.]
Textual Amendments
31J.—(1) Subject to paragraph (2), the prohibitions in regulations 21 to 23 (export of goods, supply and delivery of goods, and making available goods and technology) do not apply to the making available, supply, export or delivery of banknotes where the making available, supply, export or delivery is necessary for the personal use of natural persons travelling to Belarus or members of their immediate families travelling with them.
(2) The exception in paragraph (1) applies only to banknotes up to the value of £10,000 or its equivalent in any official currency of the European Union.
(3) The prohibitions in regulations 21 to 23 do not apply to the making available, supply, export or delivery of banknotes where the making available, supply, export or delivery is necessary for the official purposes of diplomatic missions, consular posts or international organisations in Belarus enjoying immunities in accordance with international law.
(4) The prohibitions in regulations 21 to 23 do not apply to anything done by a person who did not know and had no reasonable cause to suspect that the banknotes were ultimately—
(a)to be exported, supplied, delivered or made available to a person connected with Belarus; or
(b)for use in Belarus.
Textual Amendments
F30Regs. 31J, 31K inserted (9.6.2023) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/616), regs. 1(2), 14
31K.—(1) The prohibitions in Chapter 2 of Part 5 (exports to Belarus and related activities), in so far as they related to machinery-related goods and machinery-related technology, do not apply to the sale, supply, making available or export of such goods, or to the related provision of technical and financial services, funds and brokering, for non-military use by a non-military end-user, necessary for a purpose specified in paragraph (2).
(2) The purposes are—
(a)humanitarian assistance activity,
(b)addressing a health emergency;
(c)providing a response to a natural disaster;
(d)medical or pharmaceutical purposes for the benefit of the civilian population of a country;
(e)temporary use by news media;
(f)ensuring cyber-security and information security for persons in Belarus except for the Government of Belarus or any undertakings directly or indirectly controlled by it.]
Textual Amendments
F30Regs. 31J, 31K inserted (9.6.2023) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/616), regs. 1(2), 14
32.—(1) The prohibitions in regulations 11 to 15 (asset-freeze etc) do not apply to anything done under the authority of a licence issued by the Treasury under this paragraph.
[F31(1ZA) The prohibitions in 15A (securities and money market instruments) do not apply to anything done under the authority of a licence issued by the Treasury under this paragraph.]
[F32(1A) The prohibitions in regulation 15B (loans and credit) do not apply to anything done under the authority of a licence issued by the Treasury under this paragraph.
(1B) The prohibition in regulation 15C (insurance and reinsurance services) does not apply to anything done under the authority of a licence issued by the Treasury under this paragraph.]
[F33(1C) The prohibition in regulation 15CA (provision of financial services relating to foreign exchange reserve and asset management) does not apply to anything done under the authority of a licence issued by the Treasury under this paragraph.
(1D) Without prejudice to the generality of the powers conferred by paragraphs (1) to (1C), a licence issued by the Treasury under those paragraphs may, in particular, authorise acts which would otherwise be prohibited by any of regulations 11 to 15CA for a particular period beginning with—
(a)the coming into force of the prohibition, or
(b)where the prohibition relates to a person designated for the purposes of regulations 11 to 15, the date on which the person was designated.]
(2) The Treasury may issue a licence [F34under paragraph (1)] which authorises acts by a particular person only where the Treasury consider that it is appropriate to issue the licence for a purpose set out in [F35Part 1 of] Schedule 3.
[F36(3) The Treasury may issue a licence under paragraph (1A) which authorises acts by a particular person only where the Treasury consider that it is appropriate to issue the licence for a purpose set out in Part 2 of Schedule 3.
(4) The Treasury may issue a licence under paragraph (1B) which authorises acts by a particular person only where the Treasury consider that it is appropriate to issue the licence for a purpose set out in Part 3 of Schedule 3.]
[F37(5) The Treasury may issue a licence under paragraph (1C) which authorises acts by a particular person only where the Treasury consider that it is appropriate to issue the licence for a purpose set out in Part 4 of Schedule 3.]
Textual Amendments
F31Reg. 32(1ZA) inserted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 35(a)
F32Reg. 32(1A)(1B) 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), 26(a)
F33Reg. 32(1C)(1D) inserted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 35(b)
F34Words in reg. 32(2) 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), 26(b)(i)
F35Words in reg. 32(2) 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), 26(b)(ii)
F36Reg. 32(3)(4) 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), 26(c)
F37Reg. 32(5) inserted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 35(c)
Commencement Information
I5Reg. 32 not in force at made date, see reg. 1(2)
I6Reg. 32 in force at 31.12.2020 by S.I. 2019/627, reg. 12(2); 2020 c. 1, Sch. 5 para. 1(1)
33. The prohibitions in [F38Chapters 2 to 2C] of Part 5 (Trade) do not apply to anything done under the authority of a licence issued by the Secretary of State under this regulation.
Textual Amendments
F38Words in reg. 33 substituted (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), 27
Commencement Information
I7Reg. 33 not in force at made date, see reg. 1(2)
I8Reg. 33 in force at 31.12.2020 by S.I. 2019/627, reg. 12(2); 2020 c. 1, Sch. 5 para. 1(1)
33A. The prohibition in regulation 29A(A1) (prohibition on overflight or landing) does not apply to anything done under the authority of a licence issued by the Secretary of State under this regulation.]
Textual Amendments
34.—(1) This regulation applies in relation to Treasury licences [F40, trade licences and aircraft licences].
(2) A licence must specify the acts authorised by it.
(3) A licence may be general or may authorise acts by a particular person or persons of a particular description.
(4) A licence may —
(a)contain conditions;
(b)be of indefinite duration or a defined duration.
(5) A person who issues a licence may vary, revoke or suspend it at any time.
(6) A person who issues, varies, revokes or suspends a licence which authorises acts by a particular person must give written notice to that person of the issue, variation, revocation or suspension of the licence.
(7) A person who issues, varies, revokes or suspends a general licence or a licence which authorises acts by persons of a particular description must take such steps as that person considers appropriate to publicise the issue, variation, revocation or suspension of the licence.
Textual Amendments
F40Words in reg. 34(1) substituted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 37
Commencement Information
I9Reg. 34 not in force at made date, see reg. 1(2)
I10Reg. 34 in force at 31.12.2020 by S.I. 2019/627, reg. 12(2); 2020 c. 1, Sch. 5 para. 1(1)
35.—(1) A person (“P”) commits an offence if P knowingly or recklessly—
(a)provides information that is false in a material respect, or
(b)provides or produces a document that is not what it purports to be,
for the purpose of obtaining a Treasury licence (whether for P or anyone else).
(2) A person who purports to act under the authority of a Treasury licence but who fails to comply with any condition of the licence commits an offence.
Commencement Information
I11Reg. 35 not in force at made date, see reg. 1(2)
I12Reg. 35 in force at 31.12.2020 by S.I. 2019/627, reg. 12(2); 2020 c. 1, Sch. 5 para. 1(1)
36.—(1) A person (“P”) commits an offence if P knowingly or recklessly—
(a)provides information that is false in a material respect, or
(b)provides or produces a document that is not what it purports to be,
for the purpose of obtaining a trade licence (whether for P or anyone else).
(2) A person who purports to act under the authority of a trade licence but who fails to comply with any condition of the licence commits an offence.
(3) A licence in respect of which an offence under paragraph (1) has been committed is to be treated as void from the time at which it was issued.
Commencement Information
I13Reg. 36 not in force at made date, see reg. 1(2)
I14Reg. 36 in force at 31.12.2020 by S.I. 2019/627, reg. 12(2); 2020 c. 1, Sch. 5 para. 1(1)
36A.—(1) A person (“P”) commits an offence if P knowingly or recklessly—
(a)provides information that is false in a material respect, or
(b)provides or produces a document that is not what it purports to be,
for the purpose of obtaining an aircraft licence (whether for P or anyone else).
(2) A person who purports to act under the authority of an aircraft licence but who fails to comply with any condition of the licence commits an offence.
(3) A licence in respect of which an offence under paragraph (1) has been committed is to be treated as void from the time at which it was issued.]
Textual Amendments
37.—(1) The Secretary of State may direct that, in relation to any person within regulation 17 whose name is specified, or who is of a specified description, section 8B(1) and (2) of the Immigration Act 1971, or section 8B(3) of that Act, have effect subject to specified exceptions.
(2) A direction may contain conditions.
(3) A direction must be of a defined duration (and that duration may be expressed in any way, including, for example, being expressed in a way such that the direction ceases to have effect on, or within a specified period after, the occurrence of a specified event).
(4) The Secretary of State may vary, revoke or suspend a direction at any time.
(5) On the issue, variation, revocation or suspension of a direction, the Secretary of State may take such steps as the Secretary of State considers appropriate to publicise the issue, variation, revocation or suspension of the direction.
(6) In this regulation “specified” means specified in a direction.
Commencement Information
I15Reg. 37 not in force at made date, see reg. 1(2)
I16Reg. 37 in force at 31.12.2020 by S.I. 2019/627, reg. 12(2); 2020 c. 1, Sch. 5 para. 1(1)