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PART 5U.K.Trade

CHAPTER 1U.K.Interpretation

Interpretation of this PartU.K.

21.—(1) In this Part—

[F1“aviation and space goods” means—

(a)

any thing specified in Schedule 2C, other than any thing which is aviation and space technology, and

(b)

any tangible storage medium on which aviation and space technology is recorded or from which it can be derived;

“aviation and space technology” means any thing described in Schedule 2C as software or technology;]

“brokering service” means any service to secure, or otherwise in relation to, an arrangement, including (but not limited to)—

(a)

the selection or introduction of persons as parties or potential parties to the arrangement,

(b)

the negotiation of the arrangement,

(c)

the facilitation of anything that enables the arrangement to be entered into, and

(d)

the provision of any assistance that in any way promotes or facilitates the arrangement;

[F2“coal and coal products” means any thing specified in Schedule 3H;]

[F3“critical-industry goods” means—

(a)

any thing specified in Schedule 2A, other than—

(i)

any thing which is critical-industry technology, or

(ii)

any thing for the time being specified in—

(aa)

Schedule 2 F4... to the Export Control Order 2008, F5...

(bb)

Annex I of the Dual-Use Regulation, [F6or]

(cc)

[F7Part 3 of Schedule 3C, and]

(b)

any tangible storage medium on which critical-industry technology is recorded or from which it can be derived;

“critical-industry technology” means any thing described in Schedule 2A as software or technology, other than any thing for the time being specified in—

(a)

Schedule 2 F8... to the Export Control Order 2008, F9...

(b)

Annex I of the Dual-Use Regulation; [F10or]

(c)

[F11Part 3 of Schedule 3C,]]

[F12“defence and security goods” means—

(a)

interception and monitoring goods,

(b)

internal repression goods, and

(c)

goods relating to chemical and biological weapons;]

[F12“defence and security technology” means—

(a)

interception and monitoring technology,

(b)

internal repression technology, and

(c)

technology relating to chemical and biological weapons;]

“dual-use goods” means—

(a)

any thing for the time being specified in Annex I of the Dual-Use Regulation, other than any thing which is dual-use technology, and

(b)

any tangible storage medium on which dual-use technology is recorded or from which it can be derived;

“the Dual-Use Regulation” means Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items;

“dual-use technology” means any thing for the time being specified in Annex I of the Dual-Use Regulation which is described as software or technology;

“energy-related goods” means any thing falling within Part 2 of Schedule 3;

[F13“G7 dependency and further goods” means any thing specified in Schedule 3E other than any thing for the time being specified in—

(a)

Schedule 2 F14... to the Export Control Order 2008,

(b)

Annex 1 of the Dual-Use Regulation, or

(c)

Schedule 2A;]

[F2“gold” means the gold and products related to gold specified in [F15Part 2 of] Schedule 3G;]

[F16“gold jewellery” means the gold products specified in Part 3 of Schedule 3G;]

[F12“goods relating to chemical and biological weapons” means—

(a)

any thing specified in Part 4 of Schedule 3C, other than technology relating to chemical and biological weapons (but see paragraph (4A)), and

(b)

any tangible storage medium on which technology relating to chemical and biological weapons is recorded or from which it can be derived [F17,]]

[F18other than any thing for the time being specified in Schedule 2 to the Export Control Order 2008 or in Annex 1 of the Dual-Use Regulation;]

“infrastructure-related goods” means any thing falling within Part 3 of Schedule 3;

[F12“interception and monitoring goods” means any item mentioned in paragraph (a) or (b), provided that it may be used for interception and monitoring services—

(a)

a relevant Part 2 item,

(b)

any tangible storage medium on which interception and monitoring technology is recorded or from which it can be derived;]

[F12“interception and monitoring technology” means any thing—

(a)

which is described as software in paragraph 2 of Part 2 of Schedule 3C provided that it may be used for interception and monitoring services, and

(b)

which is described as other software or other technology in paragraph 3 of Part 2 of Schedule 3C (but see paragraph (4C));]

[F12“internal repression goods” means—

(a)

any thing specified in Part 3 of Schedule 3C, other than—

(i)

any thing which is internal repression technology,

(ii)

any thing for the time being specified in Schedule 2 to the Export Control Order 2008, or

(iii)

any thing for the time being specified in Annex Ⅰ of the Dual-Use Regulation, and

(b)

any tangible storage medium on which internal repression technology is recorded or from which it can be derived;]

[F12“internal repression technology” means any thing which is described in Part 3 of Schedule 3C as software or technology;]

[F19“luxury goods” means any thing specified in Schedule 3A, other than any thing for the time being specified in—

(a)

[F20Schedule 2] to the Export Control Order 2008,

(b)

Annex 1 of the Dual-Use Regulation, or

(c)

Schedule 2A;]

[F12“maritime goods” and “maritime technology” mean respectively any goods and technology specified in Chapter 4 (Navigation Equipment) and Chapter 5 (Radio-Communication Equipment) of Annex 1 of the Merchant Shipping Notice 1874 but not including any thing in those Chapters for the time being specified in—

(a)

[F21Schedule 2] to the Export Control Order 2008,

(b)

Annex I to the Dual Use Regulation, or

(c)

Schedule 2A;]

[F12“medical device” means—

(a)

a medical device within the meaning given in regulation 2 of the Medical Devices Regulations 2002 in so far as those Regulations apply to England, Wales and Scotland, and

(b)

a medical device within the meaning given in—

(i)

article 2 of Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC, and

(ii)

article 2 of Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU,

in so far as those Regulations apply to Northern Ireland;]

“military goods” means—

(a)

any thing for the time being specified in Schedule 2 to the Export Control Order 2008 M1, other than any thing which is military technology, and

(b)

any tangible storage medium on which military technology is recorded or from which it can be derived;

“military technology” means any thing for the time being specified in Schedule 2 to the Export Control Order 2008 which is described as software or technology;

[F2“oil and oil products” means any thing specified in Schedule 3F;]

[F19“oil refining goods” means—

(a)

any thing specified in Schedule 2D, other than—

(i)

any thing which is oil refining technology, or

(ii)

any thing for the time being specified in—

(aa)

Schedule [F222] to the Export Control Order 2008,

(bb)

Annex 1 of the Dual-Use Regulation,

(cc)

Schedule 2A, or

(dd)

Part 2 of Schedule 3, and

(b)

any tangible storage medium on which oil refining technology is recorded or from which it can be derived;]

[F19“oil refining technology” means any thing described in Schedule 2D as software or technology, other than any thing for the time being specified in —

(a)

Schedule [F232] to the Export Control Order 2008,

(b)

Annex 1 of the Dual-Use Regulation, or

(c)

Schedule 2A;]

F24...

[F19“quantum computing and advanced materials goods” means—

(a)

any thing specified in Schedule 2E, other than—

(i)

any thing which is quantum computing and advanced materials technology, or

(ii)

any thing for the time being specified in—

(aa)

Schedule 2 F25... to the Export Control Order 2008,

(bb)

Annex 1 of the Dual-Use Regulation,

(cc)

Schedule 2A,

(dd)

Schedule 2C,

(ee)

Schedule 2D, or

(ff)

Part 2 of Schedule 3, and

(b)

any tangible storage medium on which quantum computing and advanced materials technology is recorded or from which it can be derived;]

[F19“quantum computing and advanced materials technology” means any thing described in Schedule 2E as software or technology, other than anything for the time being specified in—

(a)

Schedule 2 F26... to the Export Control Order 2008,

(b)

Annex 1 of the Dual-Use Regulation,

(c)

Schedule 2A,

(d)

Schedule 2C, or

(e)

Schedule 2D.]

[F27restricted goods” means—

(a)

critical-industry goods;

(b)

dual-use goods;

(c)

military goods;

(d)

[F28aviation and space goods;]

(e)

[F29oil refining goods;]

(f)

[F29quantum computing and advanced materials goods;]

(g)

[F30defence and security goods;

(h)

maritime goods;]

“restricted technology” means—

(a)

critical-industry technology;

(b)

dual-use technology;

(c)

military technology;

(d)

[F31aviation and space technology;]

(e)

[F32oil refining technology;]

(f)

[F32quantum computing and advanced materials technology;]]

(g)

[F33defence and security technology;

(h)

maritime technology;]

[F16“Russia’s vulnerable goods” means any thing specified in Schedule 3I other than any thing for the time being specified in—

(a)

Schedule 2 F34... to the Export Control Order 2008,

(b)

Annex 1 of the Dual-Use Regulation, or

(c)

Schedule 2A;]

“technical assistance”, in relation to goods or technology, means—

(a)

technical support relating to the repair, development, production, assembly, testing, use or maintenance of the goods or technology, or

(b)

any other technical service relating to the goods or technology;

F35...

[F12“technology relating to chemical and biological weapons” means any thing specified as technology or software in Part 4 of Schedule 3C [F36(except any thing for the time being specified in Schedule 2 to the Export Control Order 2008 or in Annex 1 of the Dual-Use Regulation)], other than technology which is—

(a)

the minimum necessary for—

(i)

the installation, operation, maintenance and repair of any goods which are not subject to a prohibition under this Part, or

(ii)

patent applications,

(b)

in the public domain,

(c)

a medical device, or

(d)

used for basic scientific research;]

“transfer” has the meaning given in paragraph 37 of Schedule 1 to the Act.

(2) For the purposes of this Part, a person is to be regarded as “connected with” Russia if the person is—

(a)an individual who is, or an association or combination of individuals who are, ordinarily resident in Russia,

(b)an individual who is, or an association or combination of individuals who are, located in Russia,

(c)a person, other than an individual, which is incorporated or constituted under the law of Russia, or

(d)a person, other than an individual, which is domiciled in Russia.

(3) For the purposes of this Part, a person is to be regarded as “connected with” [F37non-government controlled Ukrainian territory] if the person is—

(a)an individual who is, or an association or combination of individuals who are, ordinarily resident in [F37non-government controlled Ukrainian territory],

(b)an individual who is, or an association or combination of individuals who are, located in [F37non-government controlled Ukrainian territory], or

(c)a person, other than an individual, which has its registered office, central administration or principal place of business located in [F37non-government controlled Ukrainian territory].

(4) Paragraphs 32 to 36 of Schedule 1 to the Act (trade sanctions) apply for the purpose of interpreting expressions in this Part.

[F38(4A) The definition of “goods relating to chemical and biological weapons” does not apply to anything specified in Part 4 of Schedule 3C—

(a)which is—

(i)a pharmaceutical formulation designed for human administration in the treatment of a medical condition; and

(ii)pre-packaged for distribution as a medicinal product; or

(b)which is a medical device.

(4B) For the purpose of the definition of “interception and monitoring goods” in paragraph (1) “a relevant Part 2 item” means any thing described in Part 2 of Schedule 3C, other than—

(a)any thing which is interception and monitoring technology, or

(b)any thing for the time being specified in—

(i)Schedule 2 to the Export Control Order 2008, or

(ii)Annex Ⅰ of the Dual-Use Regulation.

(4C) The definition of “interception and monitoring technology” does not apply to software which is—

(a)generally available to the public, or

(b)in the public domain.

(4D) For the purposes of this Part, the following terms have the meaning given to them in the Dual-Use Regulation—

“basic scientific research”;

“in the public domain”.]

(5) In this Part, any reference to the United Kingdom includes a reference to the territorial sea.

Textual Amendments

F35Words in reg. 21(1) omitted (31.12.2020 immediately after IP completion day) by virtue of The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 10(3); S.I. 2020/1514, reg. 4

Commencement Information

I1Reg. 21 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M1S.I. 2008/3231. Schedule 2 was substituted by S.I. 2017/85 and subsequently amended by S.I 2017/697 and S.I. 2018/165. There are other instruments which amend other parts of the Order.

[F39Definition of interception and monitoring servicesU.K.

21A.—(1) For the purposes of this Part, “interception and monitoring services” means any service that has as its object or effect the interception of a communication in the course of its transmission by means of a telecommunication system.

(2) A person intercepts a communication in the course of its transmission by means of a telecommunication system if, and only if—

(a)the person does a relevant act in relation to the system; and

(b)the effect of the relevant act is to make any content of the communication available, at a relevant time, to a person who is not the sender or intended recipient of the communication.

(3) In paragraph (2) a “relevant act”, in relation to a telecommunication system, means—

(a)modifying, or interfering with, the system or its operation;

(b)monitoring transmissions made by means of the system;

(c)monitoring transmissions made by wireless telegraphy to or from apparatus that is part of the system.

(4) In paragraph (2), a “relevant time”, in relation to a communication transmitted by means of a telecommunication system, means—

(a)any time while the communication is being transmitted; and

(b)any time when the communication is stored in or by the system (whether before or after its transmission).

(5) For the purpose of paragraph (2), the cases in which any content of a communication is to be taken to be made available to a person at a relevant time include any case in which any of the communication is diverted or recorded at a relevant time so as to make the content of the communication available to a person after that time.

(6) In paragraph (3), references to modifying a telecommunication system include references to attaching any apparatus to, or otherwise modifying or interfering with—

(a)any part of the system; or

(b)any wireless telegraphy apparatus used for making transmissions to or from apparatus that is part of the system.

(7) For the purposes of this regulation, the following definitions also apply—

“apparatus” includes any equipment, machinery or device (whether physical or logical) and any wire or cable;

“communication”, for the purpose of a telecommunication system, includes—

(a)

anything comprising speech, music, sounds, visual images or data of any description; and

(b)

signals serving for the impartation of anything between persons, between a person and a thing or between things, for the actuation or control of any apparatus;

“content”, in relation to a communication and a telecommunication system, means any element of the communication, or any data attached to or logically associated with the communication, which reveals anything of what might reasonably be considered to be the meaning (if any) of the communication, but—

(a)

any meaning arising from the fact of the communication or from any data relating to the transmission of the communication is to be disregarded; and

(b)

anything which is systems data is not content;

“systems data” means any data that enables or facilitates, or identifies or describes anything connected with enabling or facilitating, the functioning of a telecommunication system (including any apparatus forming part of the system);

“a telecommunication system” means a system (including the apparatus comprised in it) that exists for the purpose of facilitating the transmission of communications by any means involving the use of electrical or electromagnetic energy;

“wireless telegraphy” and “wireless telegraphy apparatus” have the same meaning as in sections 116 and 117 of the Wireless Telegraphy Act 2006.]

Textual Amendments

CHAPTER 2U.K. [F40Restricted goods, restricted technology] and related activities

Textual Amendments

Export of [F41restricted goods] U.K.

22.—(1) The export of [F41restricted goods] to, or for use in, Russia is prohibited.

[F42(1A) The export of maritime goods for the placing on board of a Russian-flagged vessel is prohibited.]

(2) [F43Paragraphs (1) and (1A) are] subject to Part 7 (Exceptions and licences).

Textual Amendments

Commencement Information

I2Reg. 22 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Import of arms and related materielU.K.

23.—(1) The import of arms and related materiel which are consigned from Russia is prohibited.

(2) The import of arms and related materiel which originate in Russia is prohibited.

(3) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences).

(4) In this regulation “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.

(5) 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 3.

Commencement Information

I3Reg. 23 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Supply and delivery of [F44restricted goods] U.K.

24.—(1) A person must not—

(a)directly or indirectly supply or deliver [F45restricted goods] from a third country to a place in Russia;

(b)directly or indirectly supply or deliver military goods from a place in Russia to a third country.

[F46(c)directly or indirectly supply or deliver maritime goods from a third country for the placing on board of a Russian-flagged vessel.]

(2) Paragraph (1) is subject to Part 7 (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 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 were destined (or ultimately destined) for Russia;

(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 supply or delivery was from a place in Russia, whether directly or indirectly.

[F47(c)it is a defence for a person charged with the offence of contravening paragraph (1)(c) to show that the person did not know and had no reasonable cause to suspect that the supply or delivery was for the placing on board of a Russian-flagged vessel, whether directly or indirectly.]

(4) In this regulation “third country” means a country that is not the United Kingdom, the Isle of Man or Russia.

Textual Amendments

Commencement Information

I4Reg. 24 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Making available or acquiring [F48restricted goods] and [F49restricted technology] U.K.

25.—(1) A person must not—

(a)directly or indirectly make [F50restricted goods] or [F51restricted technology] available to a person connected with Russia;

(b)directly or indirectly make [F52restricted goods] or [F53restricted technology] available for use in Russia;

(c)directly or indirectly acquire military goods or military technology from a person connected with Russia;

F54(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)directly or indirectly acquire military goods or military technology located in Russia.

[F55(f)directly or indirectly make maritime goods or maritime technology available for the placing on board of a Russian-flagged vessel.]

(2) Paragraph (1) is subject to Part 7 (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) or (c) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Russia;

(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 or technology were for use in Russia;

F56(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)it is a defence for a person charged with the offence of contravening paragraph (1)(e) to show that the person did not know and had no reasonable cause to suspect that the goods or technology were located in Russia.

[F57(e)it is a defence for a person charged with the offence of contravening paragraph (1)(f) to show that the person did not know and had no reasonable cause to suspect that the goods or technology were to be made available for the placing on board of a Russian-flagged vessel.]

Textual Amendments

F54Reg. 25(1)(d) omitted (31.12.2020 immediately after IP completion day) by virtue of The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 10(4)(a); S.I. 2020/1514, reg. 4

F56Reg. 25(3)(c) omitted (31.12.2020 immediately after IP completion day) by virtue of The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 10(4)(b); S.I. 2020/1514, reg. 4

Commencement Information

I5Reg. 25 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Transfer of [F58restricted technology] U.K.

26.—(1) A person must not—

(a)transfer [F59restricted technology] to a place in Russia;

(b)transfer [F60restricted technology] to a person connected with Russia;

(c)transfer military technology to persons outside the United Kingdom or to a place outside the United Kingdom, where the transfer is from a place in Russia.

[F61(d)transfer maritime technology to a Russian-flagged vessel.]

(2) Paragraph (1) is subject to Part 7 (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 the offence of contravening paragraph (1)(a) to show that the person did not know and had no reasonable cause to suspect that the transfer was to a place in Russia;

(b)it is a defence for a person charged with the offence of contravening paragraph (1)(b) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Russia;

(c)it is a defence for a person charged with the offence of contravening paragraph (1)(c) to show that the person did not know and had no reasonable cause to suspect that the transfer was from a place in Russia.

[F62(d)it is a defence for a person charged with the offence of contravening paragraph (1)(d) to show that the person did not know and had no reasonable cause to suspect that the transfer was to a Russian-flagged vessel.]

Textual Amendments

Commencement Information

I6Reg. 26 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Technical assistance relating to [F63restricted goods] and [F64restricted technology]U.K.

27.—(1) A person must not directly or indirectly provide technical assistance relating to [F63restricted goods] or [F64restricted technology]—

(a)to a person connected with Russia, or

(b)for use in Russia.

(2) Paragraph (1) is subject to Part 7 (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) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Russia;

(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 goods or technology were for use in Russia.

Textual Amendments

Commencement Information

I7Reg. 27 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Financial services and funds relating to [F63restricted goods] and [F64restricted technology]U.K.

28.—(1) A person must not directly or indirectly provide, to a person connected with Russia, financial services in pursuance of or in connection with an arrangement whose object or effect is—

(a)the export of [F63restricted goods],

(b)the direct or indirect supply or delivery of [F63restricted goods],

(c)directly or indirectly making [F63restricted goods] or [F64restricted technology] available to a person,

(d)the transfer of [F64restricted technology], or

(e)the direct or indirect provision of technical assistance relating to [F63restricted goods] or [F64restricted technology].

(2) A person must not directly or indirectly make funds available to a person connected with Russia in pursuance of or in connection with an arrangement mentioned in paragraph (1).

(3) 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 export of [F63restricted goods] to, or for use in, Russia;

(b)the direct or indirect supply or delivery of [F63restricted goods] to a place in Russia;

(c)directly or indirectly making [F63restricted goods] or [F64restricted technology] available—

(i)to a person connected with Russia, or

(ii)for use in Russia;

(d)the transfer of [F64restricted technology]—

(i)to a person connected with Russia, or

(ii)to a place in Russia; or

(e)the direct or indirect provision of technical assistance relating to [F63restricted goods] or [F64restricted technology]—

(i)to a person connected with Russia, or

(ii)for use in Russia.

F65(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Paragraphs (1) to [F67(3)] are subject to Part 7 (Exceptions and licences).

(7) A person who contravenes a prohibition in any of paragraphs (1) [F68to (3)] commits an offence, but—

(a)it is a defence for a person charged with an offence of contravening paragraph (1) [F69or (2)] (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Russia;

(b)it is a defence for a person charged with the offence of contravening paragraph (3) 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 [F70.]

F71(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F65Reg. 28(4) omitted (31.12.2020 immediately after IP completion day) by virtue of The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 10(5)(a); S.I. 2020/1514, reg. 4

F66Reg. 28(5) omitted (31.12.2020 immediately after IP completion day) by virtue of The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 10(5)(a); S.I. 2020/1514, reg. 4

F67Word in reg. 28(6) substituted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 10(5)(b); S.I. 2020/1514, reg. 4

F68Words in reg. 28(7) substituted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 10(5)(c)(i); S.I. 2020/1514, reg. 4

F69Words in reg. 28(7)(a) substituted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 10(5)(c)(ii); S.I. 2020/1514, reg. 4

F70Full stop in reg. 28(7)(b) substituted for semicolon (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 10(5)(c)(iii); S.I. 2020/1514, reg. 4

F71Reg. 28(7)(c) omitted (31.12.2020 immediately after IP completion day) by virtue of The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 10(5)(c)(iv); S.I. 2020/1514, reg. 4

Commencement Information

I8Reg. 28 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Brokering services: non-UK activity relating to [F63restricted goods] and [F64restricted technology]U.K.

29.—(1) A person must not directly or indirectly provide brokering services in relation to an arrangement (“arrangement A”) whose object or effect is—

(a)the direct or indirect supply or delivery of [F63restricted goods] from a third country to a place in Russia;

(b)directly or indirectly making [F63restricted goods] available in a third country for direct or indirect supply or delivery—

(i)to a person connected with Russia, or

(ii)to a place in Russia;

(c)directly or indirectly making [F64restricted technology] available in a third country for transfer—

(i)to a person connected with Russia, or

(ii)to a place in Russia;

(d)the transfer of [F64restricted technology] from a place in a third country—

(i)to a person connected with Russia, or

(ii)to a place in Russia;

(e)the direct or indirect provision, in a non-UK country, of technical assistance relating to [F63restricted goods] or [F64restricted technology]—

(i)to a person connected with Russia, or

(ii)for use in Russia;

(f)the direct or indirect provision, in a non-UK country, of financial services—

(i)to a person connected with Russia, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 28(1), or

(ii)where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 28(3);

(g)directly or indirectly making funds available, in a non-UK country, to a person connected with Russia, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 28(1); or

(h)the direct or indirect provision of funds from a non-UK country, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 28(3).

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes a 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 brokering services were provided in relation to an arrangement mentioned in that paragraph.

(4) In this regulation—

“non-UK country” means a country that is not the United Kingdom;

“third country” means—

(a)

for the purposes of paragraph (1)(a) and (b), a country that is not the United Kingdom, the Isle of Man or Russia,

(b)

for the purposes of any other provision of paragraph (1), a country that is not the United Kingdom or Russia.

Textual Amendments

Commencement Information

I9Reg. 29 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

[F72Insurance and reinsurance services relating to aviation and space goods and aviation and space technologyU.K.

29A.—(1) A person must not directly or indirectly provide insurance or reinsurance services relating to aviation and space goods or aviation and space technology—

(a)to a person connected with Russia, or

(b)for use in Russia.

(2) Paragraph (1) is subject to Part 7 (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) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Russia;

(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 goods or technology were for use in Russia.]

Textual Amendments

Enabling or facilitating military activitiesU.K.

30.—(1) A person must not directly or indirectly provide—

(a)technical assistance,

(b)armed personnel,

(c)financial services or funds, or

(d)brokering services in relation to an arrangement whose object or effect is to provide, in a non-UK country, anything mentioned in sub-paragraphs (a) to (c),

where such provision enables or facilitates the conduct of military activities carried on or proposed to be carried on by the Russian military or any other military end-user who is a person connected with Russia.

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) 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 provision as mentioned in paragraph (1) would enable or facilitate the conduct of military activities carried on or proposed to be carried on by the Russian military or any other military end-user who is a person connected with Russia.

(4) In this regulation—

“non-UK country” means a country that is not the United Kingdom;

“technical assistance” means the provision of technical support or any other technical service.

(5) Nothing in this regulation is to be taken to limit the meaning of any of the prohibitions contained in this Part.

Commencement Information

I10Reg. 30 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

[F73CHAPTER 2AU.K.Goods and technology relating to non-government controlled Ukrainian territory

Textual Amendments

InterpretationU.K.

30A.  In this Chapter—

“relevant restricted goods” means only those restricted goods which are not infrastructure-related goods but which are military goods;

“relevant restricted technology” means only that restricted technology which is military technology.

[F74Export of relevant restricted goodsU.K.

30B.—(1) The export of relevant restricted goods to, or for use in, Crimea is prohibited.

(2) The export of relevant restricted goods to, or for use in, non-government controlled areas of the Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts is prohibited.

(3) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences).

(4) It is a defence for a person charged with the offence under section 68(1) (offences in relation to exportation of prohibited or restricted goods) of CEMA in relation to the prohibition in paragraph (2) to show that they did not know and had no reasonable cause to suspect that the export was, or would have been, to, or the goods were for use in, non-government controlled areas of the Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts.]

Textual Amendments

Supply and delivery of relevant restricted goodsU.K.

30C.—(1) A person must not directly or indirectly supply or deliver relevant restricted goods from a third country to a place in non-government controlled Ukrainian territory.

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but 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 goods were destined (or ultimately destined) for non-government controlled Ukrainian territory.

(4) In this regulation, “third country” means a country that is not the United Kingdom or the Isle of Man.

Making available relevant restricted goods and relevant restricted technologyU.K.

30D.—(1) A person must not—

(a)directly or indirectly make relevant restricted goods or relevant restricted technology available to a person connected with non-government controlled Ukrainian territory; or

(b)directly or indirectly make relevant restricted goods or relevant restricted technology available for use in non-government controlled Ukrainian territory.

(2) Paragraph (1) is subject to Part 7 (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) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with non-government controlled Ukrainian territory;

(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 or technology were for use in non-government controlled Ukrainian territory.

Transfer of relevant restricted technologyU.K.

30E.—(1) A person must not—

(a)transfer relevant restricted technology to a place in non-government controlled Ukrainian territory; or

(b)transfer relevant restricted technology to a person connected with non-government controlled Ukrainian territory.

(2) Paragraph (1) is subject to Part 7 (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 the offence of contravening paragraph (1)(a) to show that the person did not know and had no reasonable cause to suspect that the transfer was to a place in non-government controlled Ukrainian territory;

(b)it is a defence for a person charged with the offence of contravening paragraph (1)(b) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with non-government controlled Ukrainian territory.

Technical assistance relating to relevant restricted goods and relevant restricted technologyU.K.

30F.—(1) A person must not directly or indirectly provide technical assistance relating to relevant restricted goods or relevant restricted technology—

(a)to a person connected with non-government controlled Ukrainian territory; or

(b)for use in non-government controlled Ukrainian territory.

(2) Paragraph (1) is subject to Part 7 (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) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with non-government controlled Ukrainian territory;

(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 goods or technology were for use in non-government controlled Ukrainian territory.

Financial services and funds relating to relevant restricted goods and relevant restricted technologyU.K.

30G.—(1) A person must not directly or indirectly provide, to a person connected with non-government controlled Ukrainian territory, financial services in pursuance of or in connection with an arrangement whose object or effect is—

(a)the export of relevant restricted goods;

(b)the direct or indirect supply or delivery of relevant restricted goods;

(c)directly or indirectly making relevant restricted goods or relevant restricted technology available to a person;

(d)the transfer of relevant restricted technology; or

(e)the direct or indirect provision of technical assistance relating to relevant restricted goods or relevant restricted technology.

(2) A person must not directly or indirectly provide funds to a person connected with non-government controlled Ukrainian territory in pursuance of or in connection with an arrangement mentioned in paragraph (1).

(3) 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 export of relevant restricted goods to, or for use in, non-government controlled Ukrainian territory;

(b)the direct or indirect supply or delivery of relevant restricted goods to a place in non-government controlled Ukrainian territory;

(c)directly or indirectly making relevant restricted goods or relevant restricted technology available—

(i)to a person connected with non-government controlled Ukrainian territory, or

(ii)for use in non-government controlled Ukrainian territory;

(d)the transfer of relevant restricted technology—

(i)to a person connected with non-government controlled Ukrainian territory, or

(ii)to a place in non-government controlled Ukrainian territory; or

(e)the direct or indirect provision of technical assistance relating to relevant restricted goods or relevant restricted technology—

(i)to a person connected with non-government controlled Ukrainian territory, or

(ii)for use in non-government controlled Ukrainian territory.

(4) Paragraphs (1) to (3) are subject to Part 7 (Exceptions and licences).

(5) A person who contravenes a prohibition in any of paragraphs (1) to (3) commits an offence, but—

(a)it is a defence for a person charged with an offence of contravening paragraph (1) or (2) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with non-government controlled Ukrainian territory;

(b)it is a defence for a person charged with the offence of contravening paragraph (3) 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.

Brokering services relating to relevant restricted goods and relevant restricted technologyU.K.

30H.—(1) A person must not directly or indirectly provide brokering services to a person connected with non-government controlled Ukrainian territory in relation to an arrangement whose object or effect is—

(a)the export of relevant restricted goods;

(b)the direct or indirect supply or delivery of relevant restricted goods;

(c)directly or indirectly making relevant restricted goods or relevant restricted technology available to a person;

(d)the transfer of relevant restricted technology; or

(e)the direct or indirect provision of technical assistance relating to relevant restricted goods or relevant restricted technology.

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes a 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 brokering services were provided in relation to an arrangement mentioned in that paragraph.]

F75CHAPTER 3U.K.Dual-use goods, dual-use technology and related activities

Textual Amendments

Interpretation of this ChapterU.K.

31.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Export of dual-use goodsU.K.

32.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supply and delivery of dual-use goodsU.K.

33.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Making dual-use goods and dual-use technology availableU.K.

34.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of dual-use technologyU.K.

35.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Technical assistance relating to dual-use goods and dual-use technologyU.K.

36.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial services and funds relating to dual-use goods and dual-use technologyU.K.

37.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Brokering services: non-UK activity relating to dual-use goods and dual-use technologyU.K.

38.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 4U.K.Energy-related goods and related activities

Interpretation of this ChapterU.K.

39.  For the purposes of this Chapter “Russia” includes Russia's exclusive economic zone and continental shelf (which terms are to be interpreted in accordance with the United Nations Convention on the Law of the Sea) M2.

Commencement Information

I11Reg. 39 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M2Command 8941.

Export of energy-related goodsU.K.

40.—[F76(1) The export of energy-related goods to, or for use in, Russia is prohibited.]

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

Textual Amendments

Commencement Information

I12Reg. 40 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

[F77Supply and delivery of energy-related goodsU.K.

41.—(1) A person must not directly or indirectly supply or deliver energy-related goods from a third country to a place in Russia.

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but 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 goods were destined (or ultimately destined) for Russia.

(4) In this regulation “third country” means a country that is not the United Kingdom, the Isle of Man or Russia.]

Textual Amendments

Making energy-related goods availableU.K.

42.—(1) A person must not directly or indirectly make energy-related goods available for use in Russia.

[F78(1A) A person must not directly or indirectly make energy-related goods available to a person connected with Russia.]

(2) [F79Paragraphs (1) and (1A) are] subject to Part 7 (Exceptions and licences).

(3) A person who contravenes a 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 goods were for use in Russia.

[F80(4) A person who contravenes a prohibition in paragraph (1A) commits an offence, but it is a defence for a person charged with that offence (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Russia.]

Textual Amendments

Commencement Information

I13Reg. 42 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

[F81Technical assistance relating to energy-related goodsU.K.

43.—(1) A person must not directly or indirectly provide technical assistance relating to energy-related goods—

(a)to a person connected with Russia; or

(b)for use in Russia.

(2) Paragraph (1) is subject to Part 7 (Exception 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) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Russia;

(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 goods were for use in Russia.]

Textual Amendments

Financial services and funds relating to energy-related goods F82...U.K.

44.—(1) A person must not directly or indirectly provide, to a person connected with Russia, financial services in pursuance of or in connection with an arrangement whose object or effect is—

(a)the export of energy-related goods,

(b)the direct or indirect supply or delivery of energy-related goods,

(c)directly or indirectly making energy-related goods available to a person, or

(d)the direct or indirect provision of technical assistance relating to energy-related goods.

(2) A person must not directly or indirectly make funds available to a person connected with Russia in pursuance of or in connection with an arrangement mentioned in paragraph (1).

[F83(3) 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 export of energy related goods to, or for use in, Russia;

(b)the direct or indirect supply or delivery of energy related goods to a place in Russia;

(c)directly or indirectly making energy related goods available—

(i)to a person connected with Russia; or

(ii)for use in Russia;

(d)the direct or indirect provision of technical assistance relating to energy related goods—

(i)to a person connected with Russia, or

(ii)for use in Russia.]

(4) Paragraphs (1) to (3) are subject to Part 7 (Exceptions and licences).

(5) A person who contravenes a prohibition in any of paragraphs (1) to (3) commits an offence, but—

(a)it is a defence for a person charged with an offence of contravening a prohibition in paragraph (1) or (2) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Russia;

(b)it is a defence for a person charged with an offence of contravening a prohibition in paragraph (3) 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 that paragraph.

Textual Amendments

Commencement Information

I14Reg. 44 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Brokering services: non-UK activity relating to energy-related goods F84...U.K.

45.—(1) A person (“P”) must not directly or indirectly provide brokering services in relation to an arrangement (“arrangement A”) whose object or effect is—

(a)the direct or indirect supply or delivery of energy-related goods F85... from a third country to a place in Russia;

[F86(b)directly or indirectly making energy-related goods available in a third country for direct or indirect supply or delivery—

(i)to a person connected with Russia, or

(ii)to a place in Russia;]

(c)the direct or indirect provision, in a non-UK country, of technical assistance relating to energy-related goods—

(i)to a person connected with Russia, or

(ii)for use in Russia;

(d)the direct or indirect provision, in a non-UK country, of financial services—

(i)to a person connected with Russia, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 44(1) , or

(ii)where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 44(3);

(e)directly or indirectly making funds available, in a non-UK country, to a person connected with Russia, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 44(1); or

(f)the direct or indirect provision of funds from a non-UK country, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 44(3).

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes a 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 brokering services were provided in relation to an arrangement mentioned in that paragraph.

(4) In this regulation—

“non-UK country” means a country that is not the United Kingdom;

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

Textual Amendments

Commencement Information

I15Reg. 45 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Prohibition on providing other energy-related servicesU.K.

46.—(1) A person must not provide, directly or indirectly, relevant energy services.

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) 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 person was providing relevant energy services.

(4) In this regulation—

[F87“relevant energy services” means specified services necessary for an oil or gas exploration or production project in Russia;]

F88...

“specified services” means any of the following—

(a)

drilling;

(b)

well testing;

(c)

logging and completion services;

(d)

supply of specialised floating vessels.

Textual Amendments

Commencement Information

I16Reg. 46 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

[F89CHAPTER 4AU.K.Aircraft and ships

Textual Amendments

Technical assistance relating to aircraft and shipsU.K.

46A.—(1) A person must not directly or indirectly provide to, or for the benefit of, a designated person technical assistance relating to—

(a)an aircraft, or

(b)a ship.

(2) [F90Paragraph (1)(b)] does not apply to any technical assistance which is prohibited under regulation 27 (technical assistance relating to restricted goods and restricted technology).

(3) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(4) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with an offence of contravening paragraph (1) (“P”) to show that P did not know and had no reasonable cause to suspect that the technical assistance was provided to, or for the benefit of, a designated person.

(5) In this regulation—

“aircraft” includes unmanned aircraft and aircraft capable of spaceflight activities;

“designated person” means a person designated under regulation 5 (power to designate persons) for the purposes of this regulation;

“ship” includes every description of vessel (including a hovercraft) used in navigation.]

Textual Amendments

[F91CHAPTER 4BU.K.Luxury goods

Textual Amendments

Luxury goodsU.K.

46B.—(1) The export of luxury goods to, or for use in, Russia is prohibited.

(2) A person must not directly or indirectly—

(a)supply or deliver luxury goods from a third country to a place in Russia;

(b)make luxury goods available to a person connected with Russia;

(c)make luxury goods available for use in Russia.

(3) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences).

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

(a)it is a defence for a person charged with the offence of contravening paragraph (2)(a) to show that the person did not know and had no reasonable cause to suspect that the goods were destined (or ultimately destined) for Russia;

(b)it is a defence for a person charged with the offence of contravening paragraph (2)(b) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Russia;

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

(5) In this regulation, “third country” means a country that is not the United Kingdom, the Isle of Man or Russia.

[F92Technical assistance relating to luxury goodsU.K.

46BA.—(1) A person must not directly or indirectly provide technical assistance relating to luxury goods—

(a)to a person connected with Russia, or

(b)for use in Russia.

(2) Paragraph (1) is subject to Part 7 (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) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Russia;

(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 luxury goods were for use in Russia.

Textual Amendments

Financial services and funds relating to luxury goodsU.K.

46BB.—(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 export of luxury goods to, or for use in, Russia;

(b)the direct or indirect supply or delivery of luxury goods to a place in Russia;

(c)directly or indirectly making luxury goods available—

(i)to a person connected with Russia, or

(ii)for use in Russia; or

(d)the direct or indirect provision of technical assistance relating to luxury goods—

(i)to a person connected with Russia, or

(ii)for use in Russia.

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening that paragraph 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.

Textual Amendments

Brokering services relating to luxury goodsU.K.

46BC.—(1) A person must not directly or indirectly provide brokering services relating to luxury goods—

(a)to a person connected with Russia; or

(b)for use in Russia.

(2) A person must not directly or indirectly provide brokering services in pursuance of or in connection with an arrangement whose object or effect is—

(a)the export of luxury goods to, or for use in, Russia;

(b)the direct or indirect supply or delivery of luxury goods to a place in Russia;

(c)directly or indirectly making luxury goods available—

(i)to a person connected with Russia, or

(ii)for use in Russia; or

(d)the direct or indirect provision of technical assistance relating to luxury goods—

(i)to a person connected with Russia, or

(ii)for use in Russia.

(3) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences).

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

(a)it is a defence for a person charged with an offence of contravening paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the brokering services were provided to person who was connected with Russia;

(b)it is a defence for a person charged with an offence of contravening paragraph (1)(b) (“P”) to show that P did not know and had no reasonable cause to suspect that the brokering services were provided in relation to goods which were for use in Russia;

(c)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 brokering services were provided in pursuance of or in connection with an arrangement mentioned in that paragraph.]]

Textual Amendments

[F93CHAPTER 4CU.K.Iron and steel products

Textual Amendments

[F94InterpretationU.K.

46C.  In this Chapter—

“iron and steel products” means any thing specified in Schedule 3B;

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

Textual Amendments

Import of iron and steel productsU.K.

46D.—(1) The import of iron and steel products which are consigned from Russia is prohibited.

(2) The import of iron and steel products which originate in Russia is prohibited.

(3) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences).

Acquisition of iron and steel productsU.K.

46E.—(1) A person must not directly or indirectly acquire iron and steel products—

(a)which originate in Russia;

(b)which are located in Russia.

(2) Paragraph (1) is subject to Part 7 (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 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 Russia;

(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 Russia.

Supply and delivery of iron and steel productsU.K.

46F.—(1) A person must not directly or indirectly supply or deliver iron and steel products from a place in Russia to a third country.

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but 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 Russia, whether directly or indirectly.

(4) In this regulation, “third country” means a country that is not the United Kingdom, the Isle of Man or Russia.]

[F95Technical assistance relating to iron and steel productsU.K.

46G.—(1) A person must not directly or indirectly provide technical assistance relating to—

(a)the import of iron and steel products which—

(i)originate in Russia; or

(ii)are consigned from Russia;

(b)the direct or indirect acquisition of iron and steel products which—

(i)originate in Russia; or

(ii)are located in Russia; or

(c)the direct or indirect supply or delivery of iron and steel products from a place in Russia to a third country.

(2) Paragraph (1) is subject to Part 7 (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), 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 that paragraph.

Textual Amendments

Financial services and funds relating to iron and steel productsU.K.

46H.—(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 iron and steel products which—

(i)originate in Russia; or

(ii)are consigned from Russia;

(b)the direct or indirect acquisition of iron and steel products which—

(i)originate in Russia; or

(ii)are located in Russia; or

(c)the direct or indirect supply or delivery of iron and steel products from a place in Russia to a third country.

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) 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.

Textual Amendments

Brokering services relating to iron and steel productsU.K.

46I.—(1) A person must not directly or indirectly provide brokering services in relation to any arrangements described in regulation 46H(1)(a) to (c).

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes a 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 brokering services were provided in relation to an arrangement mentioned in that paragraph.]

Textual Amendments

[F96CHAPTER 4CAU.K.Iron and steel products processed in a third country F97...

Textual Amendments

F97Words in Pt. 5 Ch. 4CA heading omitted (15.12.2023) by virtue of The Russia (Sanctions) (EU Exit) (Amendment) (No. 4) Regulations 2023 (S.I. 2023/1364), regs. 1(3), 6(2)

InterpretationU.K.

46IA.—(1) In this Chapter—

“iron or steel product” means any thing specified in [F98Part 1, 2 or 3 of] Schedule 3B (Iron and steel products);

“relevant day” means 30th September 2023;

“relevant processed iron or steel product” means any iron or steel product which—

(a)

has been processed in a third country; and

(b)

which incorporates one or more iron or steel products originating in Russia;

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

(2) For the purposes of the definition of “relevant processed iron or steel product” in paragraph (1), an iron or steel product is processed where it is—

(a)altered;

(b)transformed in any way; or

(c)subjected to any other type of operation or process.

Textual Amendments

Import of relevant processed iron or steel productsU.K.

46IB.—(1) The import of a relevant processed iron or steel product, on or after the relevant day, is prohibited.

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

Technical assistance relating to relevant processed iron or steel productsU.K.

46IC.—(1) A person must not directly or indirectly provide technical assistance relating to the import of a relevant processed iron or steel product.

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) 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 technical assistance related to an import described in that paragraph.

Financial services and funds relating to relevant processed iron or steel productsU.K.

46ID.—(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 the import of a relevant processed iron or steel product.

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) 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.

Brokering services relating to relevant processed iron or steel productsU.K.

46IE.—(1) A person must not directly or indirectly provide brokering services in the pursuance of, or in connection, with any arrangement described in regulation 46ID.

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) 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 brokering services were provided in relation to an arrangement mentioned in that paragraph.]

[F99CHAPTER 4CBU.K.Metals

Textual Amendments

InterpretationU.K.

46IF.  In this Chapter—

“metals” means any thing specified in Schedule 3BA;

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

Import of metalsU.K.

46IG.—(1) The import of metals which are consigned from Russia is prohibited.

(2)  The import of metals which originate in Russia is prohibited.

(3) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences).

Acquisition of metalsU.K.

46IH.—(1) A person must not directly or indirectly acquire metals which—

(a)originate in Russia; or

(b)are located in Russia.

(2) Paragraph (1) is subject to Part 7 (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 the offence of contravening paragraph (1)(a) to show that the person did not know and had no reasonable cause to suspect that the metals originated in Russia;

(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 metals were located in Russia.

Supply and delivery of metalsU.K.

46II.—(1) A person must not directly or indirectly supply or deliver metals from a place in Russia to a third country.

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but 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 Russia, whether directly or indirectly.]

[F100CHAPTER 4DU.K.Interception and monitoring services

Textual Amendments

InterpretationU.K.

46J.  In this Chapter, “Government of Russia” has the meaning given in regulation 6(7);

Interception and monitoring servicesU.K.

46K.—(1) A person must not directly or indirectly provide interception and monitoring services to, or for the benefit of, the Government of Russia.

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes the prohibition in paragraph (1) commits an offence, but it is a defence for a person (“P”) charged with that offence to show that P did not know and had no reasonable cause to suspect that the services were provided to, or for the benefit of, the Government of Russia.

CHAPTER 4EU.K.Banknotes

BanknotesU.K.

46L.—(1) The export of banknotes to, or for use in, Russia is prohibited.

(2) A person must not directly or indirectly—

(a)supply or deliver banknotes to a person connected with Russia;

(b)make banknotes available to a person connected with Russia; or

(c)make banknotes available for use in Russia.

(3) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences).

(4) A person who contravenes a prohibition in paragraph (2) commits an offence.

(5) In this regulation, “banknotes” means—

(a)sterling denominated banknotes issued by the Bank of England and banks in Scotland and Northern Ireland; and

(b)banknotes denominated in any official currency of the European Union.

CHAPTER 4FU.K.Jet fuel and fuel additives

InterpretationU.K.

46M.  In this Chapter, “jet fuel and fuel additives” means the goods listed under that heading in Part 8 of Schedule 2A.

Jet fuel and fuel additivesU.K.

46N.—(1) The export of jet fuel and fuel additives to, or for use in, Russia is prohibited.

(2) A person must not directly or indirectly—

(a)supply or deliver jet fuel and fuel additives from a third country to a place in Russia;

(b)make jet fuel and fuel additives available to a person connected with Russia;

(c)make jet fuel and fuel additives available for use in Russia.

(3) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences).

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

(a)it is a defence for a person charged with the offence of contravening paragraph (2)(a) to show that the person did not know and had no reasonable cause to suspect that the jet fuel and fuel additives were destined (or ultimately destined) for Russia;

(b)it is a defence for a person charged with the offence of contravening paragraph (2)(b) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Russia;

(c)it is a defence for a person charged with the offence of contravening paragraph (2)(c) to show that the person did not know and had no reasonable cause to suspect that the jet fuel and fuel additives were for use in Russia.

(5) In this regulation, “third country” means a country that is not the United Kingdom, the Isle of Man or Russia.

Technical assistance relating to jet fuel and fuel additivesU.K.

46O.—(1) A person must not directly or indirectly provide technical assistance relating to jet fuel and fuel additives—

(a)to a person connected with Russia; or

(b)for use in Russia.

(2) Paragraph (1) is subject to Part 7 (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 was to be provided to a person connected with Russia;

(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 jet fuel and fuel additives for use in Russia.

Financial services and funds relating to jet fuel and fuel additivesU.K.

46P.—(1) A person must not directly or indirectly provide, to a person connected with Russia, financial services in pursuance of or in connection with an arrangement whose object or effect is—

(a)the export of jet fuel and fuel additives;

(b)the direct or indirect supply or delivery of jet fuel and fuel additives;

(c)directly or indirectly making jet fuel and fuel additives available to a person connected with Russia; or

(d)the direct or indirect provision of technical assistance relating to jet fuel and fuel additives.

(2) A person must not directly or indirectly make funds available to a person connected with Russia in pursuance of or in connection with an arrangement mentioned in paragraph (1).

(3) 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 export of jet fuel and fuel additives to, or for use in, Russia;

(b)the direct or indirect supply or delivery of jet fuel and fuel additives to a place in Russia;

(c)directly or indirectly making jet fuel and fuel additives available—

(i)to a person connected with Russia, or

(ii)for use in Russia; or

(d)the direct or indirect provision of technical assistance relating to jet fuel and fuel additives—

(i)to a person connected with Russia, or

(ii)for use in Russia.

(4) Paragraphs (1) to (3) are subject to Part 7 (Exceptions and licences).

(5) A person who contravenes a prohibition in any of paragraphs (1) to (3) commits an offence, but—

(a)it is a defence for a person charged with an offence of contravening paragraph (1) or (2) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Russia;

(b)it is a defence for a person charged with the offence of contravening paragraph (3) 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.

Brokering services relating to jet fuel and fuel additivesU.K.

46Q.—(1) A person must not directly or indirectly provide brokering services to a person connected with Russia in relation to an arrangement whose object or effect is—

(a)the export of jet fuel and fuel additives;

(b)the direct or indirect supply or delivery of jet fuel and fuel additives;

(c)directly or indirectly making jet fuel and fuel additives available to a person connected with Russia; or

(d)the direct or indirect provision of technical assistance relating to jet fuel and fuel additives.

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes a 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 brokering services were provided in relation to an arrangement mentioned in that paragraph.

CHAPTER 4GU.K. [F101Schedule 3D] Revenue generating goods

Textual Amendments

InterpretationU.K.

46R.  In this Chapter—

“[F102Schedule 3D] revenue generating goods” means any thing specified in Schedule 3D;

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

Textual Amendments

Import of [F103Schedule 3D] revenue generating goodsU.K.

46S.—(1) The import of [F103Schedule 3D] revenue generating goods which are consigned from Russia is prohibited.

(2) The import of [F103Schedule 3D] revenue generating goods which originate in Russia is prohibited.

(3) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences).

Textual Amendments

Acquisition of [F104Schedule 3D] revenue generating goodsU.K.

46T.—(1) A person must not directly or indirectly acquire [F104Schedule 3D] revenue generating goods which—

(a)originate in Russia; or

(b)are located in Russia,

with the intention of those goods entering the United Kingdom.

(2) Paragraph (1) is subject to Part 7 (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 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 Russia;

(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 Russia.

Textual Amendments

Supply and delivery of revenue generating goodsU.K.

F10546U.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Technical assistance relating to [F106Schedule 3D] revenue generating goodsU.K.

46V.—(1) A person must not directly or indirectly provide technical assistance relating to—

(a)the import of [F106Schedule 3D] revenue generating goods which—

(i)originate in Russia, or

(ii)are consigned from Russia;

(b)the direct or indirect acquisition of [F106Schedule 3D] revenue generating goods which—

(i)originate in Russia, or

(ii)are located in Russia,

with the intention of those goods entering the United Kingdom;

F107(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Paragraph (1) is subject to Part 7 (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;

F108(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Financial services and funds relating to [F109Schedule 3D] revenue generating goodsU.K.

46W.—(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 [F109Schedule 3D] revenue generating goods which—

(i)originate in Russia, or

(ii)are consigned from Russia; or

(b)the direct or indirect acquisition of [F109Schedule 3D] revenue generating goods which—

(i)originate in Russia, or

(ii)are located in Russia,

with the intention of those goods entering the United Kingdom;

F110(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) 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.

Textual Amendments

Brokering services relating to [F111Schedule 3D] revenue generating goodsU.K.

46X.—(1) A person must not directly or indirectly provide brokering services in relation to any arrangements described in regulation [F11246W(1)(a) or (b)].

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes a 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 brokering services were provided in relation to an arrangement mentioned in that paragraph.]

Textual Amendments

[F113CHAPTER 4GAU.K.Schedule 3DA revenue generating goods

Textual Amendments

InterpretationU.K.

46XA.  In this Chapter—

“Schedule 3DA revenue generating goods” means any thing specified in Schedule 3DA;

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

Import of Schedule 3DA revenue generating goodsU.K.

46XB.—(1) The import of Schedule 3DA revenue generating goods which are consigned from Russia is prohibited.

(2) The import of Schedule 3DA revenue generating goods which originate in Russia is prohibited.

(3) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences).

Acquisition of Schedule 3DA revenue generating goodsU.K.

46XC.—(1) A person must not directly or indirectly acquire Schedule 3DA revenue generating goods which—

(a)originate in Russia; or

(b)are located in Russia.

(2) Paragraph (1) is subject to Part 7 (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 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 Russia;

(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 Russia.

Supply and delivery of Schedule 3DA revenue generating goods to a third countryU.K.

46XD.—(1) A person must not directly or indirectly supply or deliver Schedule 3DA revenue generating goods from a place in Russia to a third country.

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but 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 Russia, whether directly or indirectly.

Technical assistance relating to Schedule 3DA revenue generating goodsU.K.

46XE.—(1) A person must not directly or indirectly provide technical assistance relating to—

(a)the import of Schedule 3DA revenue generating goods which—

(i)originate in Russia; or

(ii)are consigned from Russia;

(b)the direct or indirect acquisition of Schedule 3DA revenue generating goods which—

(i)originate in Russia; or

(ii)are located in Russia;

(c)the direct or indirect supply or delivery of Schedule 3DA revenue generating goods from a place in Russia to a third country.

(2) Paragraph (1) is subject to Part 7 (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), 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 that paragraph.

Financial services and funds relating to Schedule 3DA revenue generating goodsU.K.

46XF.—(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 Schedule 3DA revenue generating goods which—

(i)originate in Russia; or

(ii)are consigned from Russia;

(b)the direct or indirect acquisition of Schedule 3DA revenue generating goods which—

(i)originate in Russia; or

(ii)are located in Russia;

(c)the direct or indirect supply or delivery of Schedule 3DA revenue generating goods from a place in Russia to a third country.

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) 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.

Brokering services relating to Schedule 3DA revenue generating goodsU.K.

46XG.—(1) A person must not directly or indirectly provide brokering services in relation to any arrangements described in regulation 46XF(1)(a) to (c).

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes a 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 brokering services were provided in relation to an arrangement mentioned in that paragraph.]

[F114Chapter 4HU.K. [F115G7 dependency and further goods]

Textual Amendments

[F116G7 dependency and further goods] U.K.

46Y.—(1) The export of [F117G7 dependency and further goods] to, or for use in, Russia is prohibited.

(2) A person must not directly or indirectly—

(a)supply or deliver [F117G7 dependency and further goods] from a third country to a place in Russia;

(b)make [F117G7 dependency and further goods] available to a person connected with Russia;

(c)make [F117G7 dependency and further goods] available for use in Russia.

(3) Paragraphs (1) and (2) are subject to Part 7 (exceptions and licences).

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

(a)it is a defence for a person charged with the offence of contravening paragraph (2)(a) to show that the person did not know and had no reasonable cause to suspect that the goods were destined (or ultimately destined) for Russia;

(b)it is a defence for a person charged with the offence of contravening paragraph (2)(b) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Russia;

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

(5) In this regulation “third country” means a country that is not the United Kingdom, the Isle of Man or Russia.

Textual Amendments

Technical assistance relating to [F118G7 dependency and further goods] U.K.

46Z.—(1) A person must not directly or indirectly provide technical assistance relating to [F119G7 dependency and further goods] —

(a)to a person connected with Russia; or

(b)for use in Russia.

(2) Paragraph (1) is subject to Part 7 (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) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Russia;

(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 goods were for use in Russia.

Textual Amendments

Financial services and funds relating to [F120G7 dependency and further goods] U.K.

46Z1.—(1) A person must not directly or indirectly provide, to a person connected with Russia, financial services in pursuance of or in connection with an arrangement whose object or effect is—

(a)the export of [F121G7 dependency and further goods];

(b)the direct or indirect supply or delivery of [F121G7 dependency and further goods];

(c)directly or indirectly making [F121G7 dependency and further goods] available to a person; or

(d)the direct or indirect provision of technical assistance relating to [F121G7 dependency and further goods].

(2) A person must not directly or indirectly make funds available to a person connected with Russia in pursuance of or in connection with an arrangement mentioned in paragraph (1).

(3) 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 export of [F121G7 dependency and further goods] to, or for use in, Russia;

(b)the direct or indirect supply or delivery of [F121G7 dependency and further goods] to a place in Russia;

(c)directly or indirectly making [F121G7 dependency and further goods] available—

(i)to a person connected with Russia, or

(ii)for use in Russia; or

(d)the direct or indirect provision of technical assistance relating to [F121G7 dependency and further goods] —

(i)to a person connected with Russia, or

(ii)for use in Russia.

(4) Paragraphs (1) to (3) are subject to Part 7 (Exceptions and licences).

(5) A person who contravenes a prohibition in any of paragraphs (1) to (3) commits an offence, but—

(a)it is a defence for a person charged with an offence of contravening paragraph (1) or (2) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Russia;

(b)it is a defence for a person charged with the offence of contravening paragraph (3) 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.

Textual Amendments

Brokering services relating to [F122G7 dependency and further goods] U.K.

46Z2.—(1) A person must not directly or indirectly provide brokering services to a person connected with Russia in pursuance of or in connection with an arrangement (“arrangement A”) whose object or effect is—

(a)the export of [F123G7 dependency and further goods];

(b)the direct or indirect supply or delivery of [F123G7 dependency and further goods];

(c)directly or indirectly making [F123G7 dependency and further goods] available to a person;

(d)the direct or indirect provision of technical assistance relating to [F123G7 dependency and further goods];

(e)the direct or indirect provision, in a non-UK country, of financial services—

(i)to a person connected with Russia, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 46Z1(1), or

(ii)where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 46Z1(3);

(f)directly or indirectly making funds available, in a non-UK country, to a person connected with Russia, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 46Z1(1); or

(g)the direct or indirect provision of funds from a non-UK country, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 46Z1(3).

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes a 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 brokering services were provided in relation to an arrangement mentioned in that paragraph.

[F124(4) In this regulation, “non-UK country” means a country which is not the United Kingdom.]

Textual Amendments

CHAPTER 4IU.K.Oil and Oil Products

Meaning of “relevant day”U.K.

46Z3.  In this Chapter, “relevant day” means [F1255th December 2022].

Textual Amendments

Import of oil and oil productsU.K.

46Z4.—(1) The import of oil and oil products, on or after the relevant day, which are consigned from Russia is prohibited.

(2) The import of oil and oil products, on or after the relevant day, which originate in Russia is prohibited.

(3) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences).

Acquisition of oil and oil productsU.K.

46Z5.—(1) A person must not, on or after the relevant day, directly or indirectly acquire oil and oil products—

(a)which originate in Russia; or

(b)which are located in Russia,

with the intention of those goods entering the United Kingdom.

(2) Paragraph (1) is subject to Part 7 (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 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 Russia;

(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 Russia.

Supply and delivery of oil and oil productsU.K.

F12646Z6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Technical assistance relating to oil and oil productsU.K.

46Z7.—[F127(1) A person must not, on or after the relevant day, directly or indirectly provide technical assistance relating to—

(a)the import of oil and oil products which—

(i)originate in Russia, or

(ii)are consigned from Russia;

(b)the direct or indirect acquisition of oil and oil products which—

(i)originate in Russia, or

(ii)are located in Russia,

with the intention of those goods entering the United Kingdom;

F128(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes any of the prohibitions in paragraph (1) commits an offence, but it is a defence for a person charged with an offence of contravening—

(a)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)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;

F129(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Financial services and funds relating to oil and oil productsU.K.

46Z8.—[F130(1) A person must not, on or after the relevant day, 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 oil and oil products which—

(i)originate in Russia, or

(ii)are consigned from Russia;

(b)the direct or indirect acquisition of oil and oil products which—

(i)originate in Russia, or

(ii)are located in Russia,

with the intention of those goods entering the United Kingdom;

F131(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F132(2)] [F133Paragraph (1) is] are subject to Part 7 (Exceptions and licences).

[F134(3)]  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.

Textual Amendments

Brokering services relating to oil and oil productsU.K.

46Z9.—(1) A person must not, on or after the relevant day, directly or indirectly provide brokering services in relation to any arrangements described in regulation [F13546Z8(1)(a) or (b)].

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes a 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 brokering services were provided in relation to an arrangement mentioned in that paragraph.

Textual Amendments

[F136CHAPTER 4IAU.K.Maritime transportation of certain oil and oil products

Textual Amendments

InterpretationU.K.

46Z9A.—(1) In this Chapter—

“2709 oil and oil products” means those oil and oil products—

(a)

falling within commodity code 2709; and

(b)

which originate in or are consigned from Russia;

“2710 oil and oil products” means those oil and oil products—

(a)

falling within commodity code 2710; and

(b)

which originate in or are consigned from Russia;

“first relevant day” means 5th December 2022;

“second relevant day” means 5th February 2023;

“ship” includes every description of vessel (including a hovercraft) used in navigation, except the naval, military or air-force ships of any country;

“third country” means any country other than the United Kingdom, the Isle of Man or Russia.

(2) Paragraph 1 of Schedule 3 applies for determining whether oil and oil products fall within the commodity codes specified in paragraph (1).

Maritime transportation of certain oil and oil products to and between third countriesU.K.

46Z9B.—(1) A person must not directly or indirectly, on or after the first relevant day, supply or deliver by ship, 2709 oil and oil products—

(a)from a place in Russia to a third country; or

(b)from one third country to another third country.

(2) A person must not directly or indirectly, on or after the second relevant day, supply or deliver by ship, 2710 oil and oil products—

(a)from a place in Russia to a third country; or

(b)from one third country to another third country.

(3) For the purposes of paragraphs (1) and (2), “supply or deliver by ship” includes any transfer of the goods concerned between ships on which those goods are being supplied or delivered as specified in those paragraphs.

(4) For the purposes of paragraphs (1) and (2), a person supplying or delivering the goods concerned by ship includes a person who owns, controls, charters or operates a ship—

(a)on which those goods are being carried; or

(b)from or to which those goods are being transferred.

(5) For the purposes of paragraph (4), whether a person—

(a)owns a ship is to be determined in accordance with regulation 57I(1)(a);

(b)controls a ship is to be determined in accordance with regulation 57I(1)(b);

(c)has chartered a ship is to be determined in accordance with regulation 57E(3)(c).

(6) Regulation 57I(2) does not apply for the purposes of paragraph (5)(b).

(7) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences).

(8) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with an offence of contravening that prohibition to show that the person did not know and had no reasonable cause to suspect that the supply or delivery related to oil and oil products—

(a)which fell within commodity code 2709; or

(b)which were consigned from or originated in Russia.

(9) A person who contravenes a prohibition in paragraph (2) commits an offence, but it is a defence for a person charged with an offence of contravening that prohibition to show that the person did not know and had no reasonable cause to suspect that the supply or delivery related to oil and oil products—

(a)which fell within commodity code 2710; or

(b)which were consigned from or originated in Russia.

Financial services and funds relating to maritime transportation of certain oil and oil productsU.K.

46Z9C.—(1) A person must not directly or indirectly, on or after the first relevant day, provide financial services or funds in pursuance of or in connection with an arrangement whose object or effect is the supply or delivery by ship of 2709 oil and oil products—

(a)from a place in Russia to a third country; or

(b)from one third country to another third country.

(2) A person must not directly or indirectly, on or after the second relevant day, provide financial services or funds in pursuance of or in connection with an arrangement whose object or effect is the supply or delivery by ship of 2710 oil and oil products—

(a)from a place in Russia to a third country; or

(b)from one third country to another third country.

(3) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences).

(4) A person who contravenes a prohibition in paragraph (1) commits an offence but it is a defence for a person charged with an offence of contravening that prohibition 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 the supply or delivery of oil and oil products—

(a)which fell within commodity code 2709; or

(b)which were consigned from or originated in Russia.

(5) A person who contravenes a prohibition in paragraph (2) commits an offence but it is a defence for a person charged with an offence of contravening that prohibition 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 the supply or delivery of oil and oil products—

(a)which fell within commodity code 2710; or

(b)which were consigned from or originated in Russia.

Brokering services relating to maritime transportation of certain oil and oil productsU.K.

46Z9D.—(1) A person must not directly or indirectly, on or after the first relevant day, provide brokering services in relation to any arrangements described in regulation 46Z9C(1).

(2) A person must not directly or indirectly, on or after the second relevant day, provide brokering services in relation to any arrangements described in regulation 46Z9C(2).

(3) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences).

(4) A person who contravenes a 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 brokering services were provided in relation to an arrangement described 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 described in that paragraph.]

CHAPTER 4JU.K.Gold

Meaning of “relevant day”U.K.

46Z10.  In this Chapter, “relevant day” means the day on which this Chapter comes into force.

Prohibition on the import of gold from RussiaU.K.

46Z11.—(1) The import of gold [F137originating in] Russia is prohibited, where that gold has been exported from Russia on or after the relevant day.

(2) For the purposes of these Regulations, gold has been exported from Russia when—

(a)it has completed the applicable export formalities; and

(b)where the gold was transported by—

(i)land, it has left Russian territory;

(ii)sea, the ship on which it was transported has departed a port in Russia for a destination outside of Russia;

(iii)air, the aircraft on which it was transported has departed an airport in Russia for a destination outside of Russia.

(3) Paragraph (1) is subject to Part 7 (Exceptions and licences).

Textual Amendments

Acquisition of gold from RussiaU.K.

46Z12.—(1) A person must not directly or indirectly acquire gold which on or after the relevant day—

(a)originated in Russia; and

(b)is located in Russia,

with the intention of those goods entering the United Kingdom.

(2) Paragraph (1) is subject to Part 7 (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 the offence of contravening paragraph (1)(a) to show that the person did not know and had no reasonable cause to suspect that the gold originated in Russia;

(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 gold was located in Russia.

Supply and delivery of gold from RussiaU.K.

F13846Z13.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Technical assistance relating to goldU.K.

46Z14.—(1) A person must not directly or indirectly provide technical assistance relating to—

(a)the import of gold which on or after the relevant day—

(i)originated in Russia; or

(ii)is consigned from Russia;

(b)the direct or indirect acquisition of gold which on or after the relevant day—

(i)originated in Russia; and

(ii)is located in Russia,

with the intention of that gold entering the United Kingdom;

F139(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with an offence of contravening —

(a)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)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;

F140(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Financial services and funds relating to goldU.K.

46Z15.—[F141(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 gold which on or after the relevant day—

(i)originated in Russia, or

(ii)is consigned from Russia;

(b)the direct or indirect acquisition of gold which on or after the relevant day—

(i)originated in Russia, and

(ii)is located in Russia,

with the intention of that gold entering the United Kingdom;

F142(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but 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 financial services or funds (as the case may be) were provided in pursuance of or in connection with an arrangement mentioned in that paragraph.

Textual Amendments

Brokering services relating to goldU.K.

46Z16.—(1) A person must not directly or indirectly provide brokering services in relation to any arrangements described in regulation [F14346Z15(1)(a) or (b)].

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes a 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 brokering services were provided in relation to an arrangement mentioned in that paragraph.

Textual Amendments

[F144CHAPTER 4JAU.K.Gold jewellery and relevant processed gold

Textual Amendments

InterpretationU.K.

46Z16A.—(1) In this Chapter—

“relevant day” means the day on which this Chapter comes into force;

“relevant processed gold” means gold which—

(a)

has been processed in a third country; and

(b)

incorporates gold that, on or after 21st July 2022—

(i)

originated in Russia, and

(ii)

has been exported from Russia;

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

(2) For the purposes of this Chapter, a thing has been exported from Russia when—

(a)it has completed the applicable export formalities; and

(b)where the thing was transported by—

(i)land, it has left Russian territory;

(ii)sea, the ship on which it was transported has departed a port in Russia for a destination outside of Russia;

(iii)air, the aircraft on which it was transported has departed an airport in Russia for a destination outside of Russia.

(3) For the purposes of this Chapter, gold is processed where it is—

(a)altered;

(b)transformed in any way; or

(c)subjected to any other type of operation or process.

Prohibition on the import of gold jewellery from RussiaU.K.

46Z16B.—(1) The import of gold jewellery originating in Russia is prohibited where the gold jewellery has been exported from Russia on or after the relevant day.

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

Prohibition on the import of relevant processed goldU.K.

46Z16C.—(1) The import of relevant processed gold is prohibited.

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

Acquisition of gold jewellery from RussiaU.K.

46Z16D.—(1) A person must not directly or indirectly acquire gold jewellery which—

(a)originates in Russia; and

(b)is located in Russia,

with the intention of the gold jewellery entering the United Kingdom.

(2) A person must not directly or indirectly acquire gold jewellery which—

(a)originates in Russia; and

(b)on or after the relevant day, has been exported from Russia,

with the intention of the gold jewellery entering the United Kingdom.

(3) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences).

(4) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening that paragraph to show that the person did not know and had no reasonable cause to suspect that the gold jewellery—

(a)originated in Russia; or

(b)was located in Russia.

(5) A person who contravenes a prohibition in paragraph (2) commits an offence, but it is a defence for a person charged with the offence of contravening that paragraph to show that the person did not know and had no reasonable cause to suspect that the gold jewellery—

(a)originated in Russia; or

(b)had been exported from Russia on or after the relevant day.

Technical assistance relating to gold jewelleryU.K.

46Z16E.—[F145(1) A person must not directly or indirectly provide technical assistance relating to—

(a)the import of gold jewellery which on or after the relevant day—

(i)originated in Russia, or

(ii)is exported from Russia;

(b)the direct or indirect acquisition of gold jewellery which—

(i)originated in Russia, or

(ii)is located in Russia or, on or after the relevant day, has been exported from Russia,

with the intention of that gold jewellery entering the United Kingdom.]

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with an offence of contravening—

(a)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 sub-paragraph;

(b)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 sub-paragraph.

Textual Amendments

Technical assistance relating to relevant processed goldU.K.

46Z16F.—(1) A person must not directly or indirectly provide technical assistance relating to the import of relevant processed gold.

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with an offence of contravening paragraph (1) 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.

Financial services and funds relating to gold jewelleryU.K.

46Z16G.—[F146(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 gold jewellery which on or after the relevant day—

(i)originated in Russia, or

(ii)is exported from Russia;

(b)the direct or indirect acquisition of gold which on or after the relevant day—

(i)originated in Russia, or

(ii)is located in Russia,

with the intention of that gold jewellery entering the United Kingdom.]

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but 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 financial services or funds (as the case may be) were provided in pursuance of or in connection with an arrangement mentioned in that paragraph.

Textual Amendments

Financial services and funds relating to relevant processed goldU.K.

46Z16H.—(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 the import of relevant processed gold.

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but 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 financial services or funds (as the case may be) were provided in pursuance of or in connection with an arrangement mentioned in that paragraph.

Brokering services relating to gold jewellery and relevant processed goldU.K.

46Z16I.—(1) A person must not directly or indirectly provide brokering services in the pursuance of, or in connection, with any arrangements described in regulations 46Z16G(1) and 46Z16H(1).

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but 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 brokering services were provided in relation to an arrangement mentioned in that paragraph.]

[F147CHAPTER 4JBU.K.

Textual Amendments

InterpretationU.K.

46Z16J.  In this Chapter—

“diamonds” means any thing specified in Part 2 of Schedule 3GA;

“diamond jewellery” means any thing specified in Part 3 of Schedule 3GA;

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

Import of diamonds and diamond jewelleryU.K.

46Z16K.—(1) The import of diamonds and diamond jewellery which are consigned from Russia is prohibited.

(2) The import of diamonds and diamond jewellery which originate in Russia is prohibited.

(3) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences).

Acquisition of diamonds and diamond jewelleryU.K.

46Z16L.—(1) A person must not directly or indirectly acquire diamonds or diamond jewellery which—

(a)originate in Russia; or

(b)are located in Russia.

(2) Paragraph (1) is subject to Part 7 (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 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 Russia;

(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 Russia.

Supply and delivery of diamonds and diamond jewelleryU.K.

46Z16M.—(1) A person must not directly or indirectly supply or deliver diamonds or diamond jewellery from a place in Russia to a third country.

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but 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 Russia, whether directly or indirectly.

Technical assistance relating to diamonds and diamond jewelleryU.K.

46Z16N.—(1) A person must not directly or indirectly provide technical assistance relating to—

(a)the import of diamonds or diamond jewellery which—

(i)originate in Russia, or

(ii)are consigned from Russia;

(b)the direct or indirect acquisition of diamonds or diamond jewellery which—

(i)originate in Russia, or

(ii)are located in Russia; or

(c)the direct or indirect supply or delivery of diamonds or diamond jewellery from a place in Russia to a third country.

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with an offence of contravening—

(a)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)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)paragraph (1)(c), 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 that paragraph.

Financial services and funds relating to diamonds and diamond jewelleryU.K.

46Z16O.—(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 diamonds or diamond jewellery which—

(i)originate in Russia, or

(ii)are consigned from Russia;

(b)the direct or indirect acquisition of diamonds or diamond jewellery which—

(i)originate in Russia, or

(ii)are located in Russia; or

(c)the direct or indirect supply or delivery of diamonds or diamond jewellery from a place in Russia to a third country.

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening that paragraph 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.

Brokering services relating to diamonds and diamond jewelleryU.K.

46Z16P.—(1) A person must not directly or indirectly provide brokering services in relation to any arrangements described in regulation 46Z16O(1).

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening that paragraph 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.]

[F148CHAPTER 4JCU.K.Certain diamonds processed in a third country

Textual Amendments

InterpretationU.K.

46Z16Q.—(1) In this Chapter—

“diamonds” means any thing falling within—

(a)

the following commodity codes—

(i)

7102 10 (unsorted diamonds);

(ii)

7102 39 (non-industrial diamonds, other than unworked or simply sawn, cleaved or bruted); and

(b)

both commodity code ex 7102 31 and the description “non-industrial diamonds, simply sawn, cleaved or bruted”;

“relevant day” means—

(a)

1st March 2024 in relation to any diamonds which are equal to or larger than 1 carat;

(b)

1st September 2024 in relation to any diamonds which are equal to or larger than 0.5 carats;

“relevant processed diamonds” means diamonds which—

(a)

have been processed in a third country; and

(b)

originate in Russia;

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

(2) Paragraph 1 of Schedule 3 applies for the purposes of interpreting the definition of diamonds in paragraph (1).

(3) For the purposes of this Chapter, diamonds are processed where they are—

(a)altered;

(b)transformed in any way; or

(c)subjected to any other type of operation or process.

Import of relevant processed diamondsU.K.

46Z16R.—(1) The import of relevant processed diamonds, on or after the relevant day, is prohibited.

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

Technical assistance relating to relevant processed diamondsU.K.

46Z16S.—(1) A person must not on or after the relevant day directly or indirectly provide technical assistance relating to the import of relevant processed diamonds.

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with an offence of contravening paragraph (1) 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.

Financial services and funds relating to relevant processed diamondsU.K.

46Z16T.—(1) A person must not on or after the relevant day directly or indirectly provide financial services or funds in pursuance of or in connection with an arrangement whose object or effect is the import of relevant processed diamonds.

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but 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 financial services or funds (as the case may be) were provided in pursuance of or in connection with an arrangement mentioned in that paragraph.

Brokering services relating to relevant processed diamondsU.K.

46Z16U.—(1) A person must not on or after the relevant day directly or indirectly provide brokering services in relation to any arrangements described in regulation 46Z16T(1).

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but 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 brokering services were provided in relation to an arrangement mentioned in that paragraph.]

CHAPTER 4KU.K.Coal and Coal Products

Meaning of relevant dayU.K.

46Z17.  In this Chapter, “relevant day” means 10th August 2022.

Import of coal and coal productsU.K.

46Z18.—(1) The import of coal and coal products, on or after the relevant day, which are consigned from Russia is prohibited.

(2) The import of coal and coal products, on or after the relevant day, which originate in Russia is prohibited.

(3) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences).

Acquisition of coal and coal productsU.K.

46Z19.—(1) A person must not directly or indirectly, on or after the relevant day, acquire coal and coal products—

(a)which originate in Russia; or

(b)which are located in Russia,

with the intention of those goods entering the United Kingdom.

(2) Paragraph (1) is subject to Part 7 (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 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 Russia;

(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 Russia.

Supply and delivery of coal and coal productsU.K.

F14946Z20.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Technical assistance relating to coal and coal productsU.K.

46Z21.—[F150(1) A person must not, on or after the relevant day, directly or indirectly provide technical assistance relating to—

(a)the import of coal and coal products which—

(i)originate in Russia, or

(ii)are consigned from Russia;

(b)the direct or indirect acquisition of coal and coal products which—

(i)originate in Russia, or

(ii)are located in Russia,

with the intention of those goods entering the United Kingdom;

F151(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with an offence of contravening—

(a)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)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;

F152(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Financial services and funds relating to coal and coal productsU.K.

46Z22.—[F153(1) A person must not, on or after the relevant day, 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 coal and coal products which—

(i)originate in Russia, or

(ii)are consigned from Russia;

(b)the direct or indirect acquisition of coal and coal products which—

(i)originate in Russia, or

(ii)are located in Russia,

with the intention of those goods entering the United Kingdom;

F154(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2) Paragraphs (1) is subject to Part 7 (Exceptions and licences).

(3) 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.

Textual Amendments

Brokering services relating to coal and coal productsU.K.

46Z23.—(1) A person must not, on or after the relevant day, directly or indirectly provide brokering services in relation to any arrangements described in regulation [F15546Z22(1)(a) or (b)].

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes a 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 brokering services were provided in relation to an arrangement mentioned in that paragraph.]

Textual Amendments

[F156CHAPTER 4LU.K.Liquefied natural gas

Textual Amendments

InterpretationU.K.

46Z24.—(1) In this Chapter, “liquefied natural gas” means liquefied natural gas falling within commodity code 2711 11 00.

(2) Paragraph 1 of Schedule 3 applies for the purposes of interpreting the definition in paragraph (1).

Import of liquefied natural gasU.K.

46Z25.—(1) The import of liquefied natural gas which is consigned from Russia is prohibited.

(2) The import of liquefied natural gas which originates in Russia is prohibited.

(3) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences).

Acquisition of liquefied natural gasU.K.

46Z26.—(1) A person must not directly or indirectly acquire liquefied natural gas—

(a)which originates in Russia; or

(b)which is located in Russia,

with the intention of the liquefied natural gas entering the United Kingdom.

(2) Paragraph (1) is subject to Part 7 (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 the offence of contravening paragraph (1)(a) to show that the person did not know and had no reasonable cause to suspect that the liquefied natural gas originated in Russia;

(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 liquefied natural gas was located in Russia.

Technical assistance relating to liquefied natural gasU.K.

46Z27.—[F157(1) A person must not directly or indirectly provide technical assistance relating to—

(a)the import of liquefied natural gas which—

(i)originates in Russia, or

(ii)is consigned from Russia;

(b)the direct or indirect acquisition of liquefied natural gas which—

(i)originates in Russia, or

(ii)is located in Russia,

with the intention of the liquefied natural gas entering the United Kingdom.]

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes any of the prohibitions in paragraph (1) commits an offence, but it is a defence for a person charged with an offence of contravening—

(a)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)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.

Textual Amendments

Financial services and funds relating to liquefied natural gasU.K.

46Z28.—[F158(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 liquefied natural gas which—

(i)originates in Russia, or

(ii)is consigned from Russia;

(b)the direct or indirect acquisition of liquefied natural gas which—

(i)originates in Russia, or

(ii)is located in Russia,

with the intention of the liquefied natural gas entering the United Kingdom.]

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) 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.

Textual Amendments

Brokering services relating to liquefied natural gasU.K.

46Z29.—(1) A person must not directly or indirectly provide brokering services in relation to any arrangements described in regulation 46Z28(1)(a) and (b).

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes a 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 brokering services were provided in relation to an arrangement mentioned in that paragraph.

CHAPTER 4MU.K.Russia’s vulnerable goods

Russia’s vulnerable goodsU.K.

46Z30.—(1) The export of Russia’s vulnerable goods to, or for use in, Russia is prohibited.

(2) A person must not directly or indirectly—

(a)supply or deliver Russia’s vulnerable goods from a third country to a place in Russia;

(b)make Russia’s vulnerable goods available to a person connected with Russia;

(c)make Russia’s vulnerable goods available for use in Russia.

(3) Paragraphs (1) and (2) are subject to Part 7 (exceptions and licences).

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

(a)it is a defence for a person charged with the offence of contravening paragraph (2)(a) to show that the person did not know and had no reasonable cause to suspect that the goods were destined (or ultimately destined) for Russia;

(b)it is a defence for a person charged with the offence of contravening paragraph (2)(b) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Russia;

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

(5) In this regulation “third country” means a country that is not the United Kingdom, the Isle of Man or Russia.

Technical assistance relating to Russia’s vulnerable goodsU.K.

46Z31.—(1) A person must not directly or indirectly provide technical assistance relating to Russia’s vulnerable goods—

(a)to a person connected with Russia; or

(b)for use in Russia.

(2) Paragraph (1) is subject to Part 7 (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) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Russia;

(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 goods were for use in Russia.

Financial services and funds relating to Russia’s vulnerable goodsU.K.

46Z32.—(1) A person must not directly or indirectly provide, to a person connected with Russia, financial services in pursuance of or in connection with an arrangement whose object or effect is—

(a)the export of Russia’s vulnerable goods;

(b)the direct or indirect supply or delivery of Russia’s vulnerable goods;

(c)directly or indirectly making Russia’s vulnerable goods available to a person; or

(d)the direct or indirect provision of technical assistance relating to Russia’s vulnerable goods.

(2) A person must not directly or indirectly make funds available to a person connected with Russia in pursuance of or in connection with an arrangement mentioned in paragraph (1).

(3) 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 export of Russia’s vulnerable goods to, or for use in, Russia;

(c)the direct or indirect supply or delivery of Russia’s vulnerable goods to a place in Russia;

(c)directly or indirectly making Russia’s vulnerable goods available—

(i)to a person connected with Russia, or

(ii)for use in Russia; or

(d)the direct or indirect provision of technical assistance relating to Russia’s vulnerable goods—

(i)to a person connected with Russia, or

(ii)for use in Russia.

(4) Paragraphs (1) to (3) are subject to Part 7 (Exceptions and licences).

(5) A person who contravenes a prohibition in any of paragraphs (1) to (3) commits an offence, but—

(a)it is a defence for a person charged with an offence of contravening paragraph (1) or (2) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Russia;

(a)it is a defence for a person charged with the offence of contravening paragraph (3) 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.

Brokering services relating to Russia’s vulnerable goodsU.K.

46Z33.—(1) A person must not directly or indirectly provide brokering services to a person connected with Russia in pursuance of or in connection with an arrangement (“arrangement A”) whose object or effect is—

(a)the export of Russia’s vulnerable goods;

(b)the direct or indirect supply or delivery of Russia’s vulnerable goods;

(c)directly or indirectly making Russia’s vulnerable goods available to a person;

(d)the direct or indirect provision of technical assistance relating to Russia’s vulnerable goods;

(e)the direct or indirect provision, in a non-UK country, of financial services—

(i)to a person connected with Russia, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 46Z32(1), or

(ii)where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 46Z32(3);

(f)directly or indirectly making funds available, in a non-UK country, to a person connected with Russia, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 46Z32(1); or

(g)the direct or indirect provision of funds from a non-UK country, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 46Z32(3).

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes a 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 brokering services were provided in relation to an arrangement mentioned in that paragraph.

(4) In this regulation, “non-UK country” means a country other than the United Kingdom.]

CHAPTER 5U.K.Exports and imports, and related activities, in relation to [F159non-government controlled Ukrainian territory]

Textual Amendments

Imports from [F160non-government controlled Ukrainian territory] U.K.

47.—(1) The import of goods which originate in [F160non-government controlled Ukrainian territory] is prohibited.

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

Textual Amendments

Commencement Information

I17Reg. 47 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Export of infrastructure-related goods to [F161non-government controlled Ukrainian territory] U.K.

[F16248.—(1) The export of infrastructure-related goods to, or for use in, Crimea is prohibited.

(2) The export of infrastructure-related goods to, or for use in, non-government controlled areas of the Donetsk Kherson, Luhansk and Zaporizhzhia oblasts is prohibited.

(3) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences).

(4) It is a defence for a person charged with the offence under section 68(1) (offences in relation to exportation of prohibited or restricted goods) of CEMA in relation to the prohibition in paragraph (2) to show that they did not know and had no reasonable cause to suspect that the export was, or would have been, to, or the goods were for use in, non-government controlled areas of the Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts.]

Textual Amendments

Supply and delivery of infrastructure-related goodsU.K.

49.—(1) A person must not directly or indirectly supply or deliver infrastructure-related goods from a third country to a place in [F163non-government controlled Ukrainian territory].

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) 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 goods were destined (or ultimately destined) for [F163non-government controlled Ukrainian territory].

(4) In this regulation, “third country” means a country that is not the United Kingdom, the Isle of Man or [F163non-government controlled Ukrainian territory].

Textual Amendments

Commencement Information

I18Reg. 49 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Making infrastructure-related goods availableU.K.

50.—(1) A person must not—

(a)directly or indirectly make infrastructure-related goods available to a person connected with [F164non-government controlled Ukrainian territory];

(b)directly or indirectly make infrastructure-related goods available for use in [F164non-government controlled Ukrainian territory].

(2) Paragraph (1) is subject to Part 7 (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 the offence of contravening paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with [F164non-government controlled Ukrainian territory];

(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 for use in [F164non-government controlled Ukrainian territory].

Textual Amendments

Commencement Information

I19Reg. 50 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Technical assistance relating to infrastructure-related goodsU.K.

51.—(1) A person must not directly or indirectly provide technical assistance relating to infrastructure-related goods—

(a)to a person connected with [F165non-government controlled Ukrainian territory], or

(b)for use in [F165non-government controlled Ukrainian territory].

(2) Paragraph (1) is subject to Part 7 (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 the offence of contravening paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with [F165non-government controlled Ukrainian territory];

(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 for use in [F165non-government controlled Ukrainian territory].

Textual Amendments

Commencement Information

I20Reg. 51 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Financial services and funds relating to infrastructure-related goods etc.U.K.

52.—(1) A person must not directly or indirectly provide, to a person connected with [F166non-government controlled Ukrainian territory], financial services in pursuance of or in connection with an arrangement whose object or effect is—

(a)the export of infrastructure-related goods,

(b)the direct or indirect supply or delivery of infrastructure-related goods,

(c)directly or indirectly making infrastructure-related goods available to a person, or

(d)the direct or indirect provision of technical assistance relating to infrastructure-related goods.

(2) A person must not directly or indirectly make funds available to a person connected with [F166non-government controlled Ukrainian territory] in pursuance of or in connection with an arrangement mentioned in paragraph (1).

(3) 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 goods which originate in [F166non-government controlled Ukrainian territory];

(b)the export of infrastructure-related goods to, or for use in, [F166non-government controlled Ukrainian territory],

(c)the direct or indirect supply or delivery of infrastructure-related goods to a place in [F166non-government controlled Ukrainian territory],

(d)directly or indirectly making infrastructure-related goods available—

(i)to a person connected with [F166non-government controlled Ukrainian territory], or

(ii)for use in [F166non-government controlled Ukrainian territory],

(e)the direct or indirect provision of technical assistance relating to infrastructure-related goods—

(i)to a person connected with [F166non-government controlled Ukrainian territory], or

(ii)for use in [F166non-government controlled Ukrainian territory].

(4) Paragraphs (1) to (3) are subject to Part 7 (Exceptions and licences).

(5) A person who contravenes a prohibition in any of paragraphs (1) to (3) commits an offence, but—

(a)it is a defence for a person charged with an offence of contravening paragraph (1) or (2) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with [F166non-government controlled Ukrainian territory];

(b)it is a defence for a person charged with an offence of contravening a prohibition in paragraph (3) 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.

Textual Amendments

Commencement Information

I21Reg. 52 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Brokering services: non-UK activity relating to infrastructure-related goods and goods from [F167non-government controlled Ukrainian territory] U.K.

53.—(1) A person must not directly or indirectly provide brokering services in relation to an arrangement (“arrangement A”) whose object or effect is—

(a)the import of goods which originate in [F167non-government controlled Ukrainian territory];

(b)the direct or indirect supply or delivery of infrastructure-related goods from a third country to a place in [F167non-government controlled Ukrainian territory],

(c)directly or indirectly making infrastructure-related goods available in a third country for direct or indirect supply or delivery—

(i)to a person connected with [F167non-government controlled Ukrainian territory], or

(ii)to a place in [F167non-government controlled Ukrainian territory],

(d)the direct or indirect provision, in a non-UK country, of technical assistance relating to infrastructure-related goods—

(i)to a person connected with [F167non-government controlled Ukrainian territory], or

(ii)for use in [F167non-government controlled Ukrainian territory],

(e)the direct or indirect provision, in a non-UK country, of financial services—

(i)to a person connected with [F167non-government controlled Ukrainian territory], where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 52(1), or

(ii)where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 52(3) in relation to infrastructure-related goods,

(f)directly or indirectly making funds available, in a non-UK country, to a person connected with [F167non-government controlled Ukrainian territory], where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 52(1), or

(g)the direct or indirect provision of funds from a non-UK country, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 52(3) in relation to infrastructure-related goods.

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes a 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 brokering services were provided in relation to an arrangement mentioned in that paragraph.

(4) In this regulation—

“non-UK country” means a country that is not the United Kingdom;

“third country” means a country that is not the United Kingdom, the Isle of Man or [F167non-government controlled Ukrainian territory].

Textual Amendments

Commencement Information

I22Reg. 53 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

[F168Application of prohibitions and requirements in Chapter 2 of Part 5 to non-government controlled Ukrainian territoryU.K.

53A.—[F169(1)] Where it is specified in Schedule 2A, 3 or 3C or in any table in those Schedules that this regulation applies in relation to an item, any prohibition or requirement in Chapter 2 of this Part which applies to Russia in relation to that item also applies to non-government controlled Ukrainian territory.

[F170(2) Paragraph (3) applies where the person is charged with the offence under section 68(1) (offences in relation to exportation of prohibited or restricted goods) of CEMA in relation to exportation of goods to, or for use in, non-government controlled areas of the Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts which is or would be contrary to the prohibition in regulation 22(1) (export of restricted goods), as it has effect by virtue of this regulation.

(3) It is a defence for a person charged with the offence mentioned in paragraph (2) to show that the person did not know and had no reasonable cause to suspect that the export was, or would have been, to, or the goods were for use in, non-government controlled areas of the Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts.]]

Textual Amendments

CHAPTER 6U.K.Other services relating to [F171non-government controlled Ukrainian territory]

Textual Amendments

Prohibition on providing certain services relating to [F172non-government controlled Ukrainian territory] U.K.

54.—(1) A person must not provide—

(a)services relating to a relevant infrastructure sector in [F173non-government controlled Ukrainian territory]; or

(b)services relating to tourism in [F173non-government controlled Ukrainian territory].

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes the prohibition in paragraph (1) commits an offence, but—

(a)it is a defence for a person charged with the offence in paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that P was providing services relating to a relevant infrastructure sector in [F174non-government controlled Ukrainian territory];

(b)it is a defence for a person charged with the offence in paragraph (1)(b) (“P”) to show that P did not know and had no reasonable cause to suspect that P was providing services relating to tourism in [F174non-government controlled Ukrainian territory].

(4) In this regulation—

“services relating to a relevant infrastructure sector in [F175non-government controlled Ukrainian territory]” means technical assistance, brokering, construction or engineering services directly relating to infrastructure in [F175non-government controlled Ukrainian territory] in any of the following sectors—

(a)

transport;

(b)

telecommunications;

(c)

energy;

(d)

the prospection, exploration and production of oil, gas and mineral resources;

“technical assistance” means the provision of technical support or any other technical service.

Textual Amendments

Commencement Information

I23Reg. 54 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

[F176CHAPTER 6AU.K.Internet services

Textual Amendments

Preventing provision of internet services to or for the benefit of designated personsU.K.

54A.—(1) A person who provides a social media service must take reasonable steps to prevent content that is generated directly on the service, or uploaded to or shared on the service, by a designated person being encountered by a user of the service in the United Kingdom.

(2) A person who provides an internet access service must take reasonable steps to prevent a user of the service in the United Kingdom from accessing, by means of that service, an internet service provided by a designated person.

(3) A person who provides an application store through which an application for an internet service may be downloaded or otherwise accessed must take reasonable steps to prevent a user of the application store in the United Kingdom from downloading or otherwise accessing, by means of that application store, an internet service provided by a designated person.

(4) A person who fails to comply with the requirement in paragraph (1), paragraph (2) or paragraph (3) commits an offence.

(5) In this regulation—

“content” means anything communicated by means of an internet service, whether publicly or privately, including written material or messages, oral communications, photographs, videos, visual images, music and data of any description;

“designated person” means a person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation;

“encounter”, in relation to content, means read, view, hear or otherwise experience content;

“internet access service” means a service that provides access to virtually all (or just some) of the end points of the internet;

“internet service” means a service that is made available by means of the internet;

“social media service” has the meaning given by section 43(3) of the Finance Act 2020.]

[F177CHAPTER 6BU.K.Professional and Business Services

Textual Amendments

Interpretation of this ChapterU.K.

54B.  In this Chapter—

[F178(a)“accounting services” has the meaning given in paragraph 2 of Schedule 3J;

(b)“advertising services” has the meaning given in paragraph 3 of Schedule 3J;

(c)“architectural services” has the meaning given in paragraph 4 of Schedule 3J;

(d)“auditing services” has the meaning given in paragraph 5 of Schedule 3J;

(e)“business and management consulting services” has the meaning given in paragraph 6 of Schedule 3J;

(f)“engineering services” has the meaning given in paragraph 7 of Schedule 3J;

(g)“IT consultancy and design services” has the meaning given in paragraph 8 of Schedule 3J;

[F179(ga)“legal advisory services” has the meaning given in paragraph 8A of Schedule 3J;]

(h)“public relations services” has the meaning given in paragraph 9 of Schedule 3J.]

Textual Amendments

Professional and business servicesU.K.

54C.—(1) A person must not directly or indirectly provide, to a person connected with Russia—

[F180(a)accounting services,

(b)advertising services,

(c)architectural services,

(d)auditing services,

(e)business and management consulting services,

(f)engineering services,

(g)IT consultancy and design services, or

(h)public relations services.]

(2) Paragraph (1) is subject to Part 7 (exceptions and licences).

(3) A person who contravenes any of the prohibitions in paragraph (1) (“P”) commits an offence, but it is a defence for P to show that P did not know and had no reasonable cause to suspect that the person to whom the services were provided was connected with Russia.

Textual Amendments

F180Reg. 54C(1)(a)-(h) substituted for reg. 54C(1)(a)-(c) (16.12.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 17) Regulations 2022 (S.I. 2022/1331), regs. 1(2)(b), 10

[F181Legal advisory servicesU.K.

54D.—(1) A person must not directly or indirectly provide legal advisory services to any person who is not a United Kingdom person in relation to, or in connection with, any activity (“the relevant activity”) which satisfies the condition in paragraph (2), whether or not those services are provided to a person in the United Kingdom.

(2) The condition is that the relevant activity would—

(a)be prohibited under any of regulations 11 to 18C of Part 3 (Finance), Chapters 2 to 6 or Chapter 6B of Part 5 (Trade) if—

(i)the relevant activity was done by a United Kingdom person, or

(ii)the relevant activity was taking place in the United Kingdom, or

(b)contravene regulation 19 or 55 if—

(i)the relevant activity was done by a United Kingdom person, or

(ii)the relevant activity was taking place in the United Kingdom.

(3) Paragraph (1) is subject to Part 7 (exceptions and licences).

(4) A person who contravenes any of the prohibitions in paragraph (1) (“P”) commits an offence, but it is a defence for P to show that P did not know and had no reasonable cause to suspect that the relevant activity satisfied the condition in paragraph (2).]]

Textual Amendments

CHAPTER 7U.K.Further provision

Circumventing etc. prohibitionsU.K.

55.—(1) A person must not intentionally participate in activities knowing that the object or effect of them is, whether directly or indirectly—

(a)to circumvent any of the prohibitions in [F182Chapters 2 to 6 and Chapter 6B of this Part], or

(b)to enable or facilitate the contravention of any such prohibition.

(2) A person who contravenes a prohibition in paragraph (1) commits an offence.

Textual Amendments

Commencement Information

I24Reg. 55 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

DefencesU.K.

56.—(1) Paragraph (2) applies where a person relies on a defence under any of [F183Chapters 2 to 6 and Chapter 6B of this Part].

(2) If evidence is adduced which is sufficient to raise an issue with respect to the defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

Textual Amendments

Commencement Information

I25Reg. 56 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

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