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PART 5U.K.Trade

CHAPTER 2U.K. [F1Restricted goods, restricted technology] and related activities

Textual Amendments

Export of [F2restricted goods] U.K.

22.—(1) The export of [F2restricted goods] to, or for use in, Russia is prohibited.

[F3(1A) The export of maritime goods for the placing on board of a Russian-flagged vessel is prohibited.]

(2) [F4Paragraphs (1) and (1A) are] subject to Part 7 (Exceptions and licences).

Textual Amendments

Commencement Information

I1Reg. 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

I2Reg. 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 [F5restricted goods] U.K.

24.—(1) A person must not—

(a)directly or indirectly supply or deliver [F6restricted 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.

[F7(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.

[F8(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

I3Reg. 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 [F9restricted goods] and [F10restricted technology] U.K.

25.—(1) A person must not—

(a)directly or indirectly make [F11restricted goods] or [F12restricted technology] available to a person connected with Russia;

(b)directly or indirectly make [F13restricted goods] or [F14restricted technology] available for use in Russia;

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

F15(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

[F16(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;

F17(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.

[F18(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

F15Reg. 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

F17Reg. 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

I4Reg. 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 [F19restricted technology] U.K.

26.—(1) A person must not—

(a)transfer [F20restricted technology] to a place in Russia;

(b)transfer [F21restricted 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.

[F22(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.

[F23(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

I5Reg. 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 [F24restricted goods] and [F25restricted technology]U.K.

27.—(1) A person must not directly or indirectly provide technical assistance relating to [F24restricted goods] or [F25restricted 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

I6Reg. 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 [F24restricted goods] and [F25restricted 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 [F24restricted goods],

(b)the direct or indirect supply or delivery of [F24restricted goods],

(c)directly or indirectly making [F24restricted goods] or [F25restricted technology] available to a person,

(d)the transfer of [F25restricted technology], or

(e)the direct or indirect provision of technical assistance relating to [F24restricted goods] or [F25restricted 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 [F24restricted goods] to, or for use in, Russia;

(b)the direct or indirect supply or delivery of [F24restricted goods] to a place in Russia;

(c)directly or indirectly making [F24restricted goods] or [F25restricted technology] available—

(i)to a person connected with Russia, or

(ii)for use in Russia;

(d)the transfer of [F25restricted 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 [F24restricted goods] or [F25restricted technology]—

(i)to a person connected with Russia, or

(ii)for use in Russia.

F26(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Paragraphs (1) to [F28(3)] are subject to Part 7 (Exceptions and licences).

(7) A person who contravenes a prohibition in any of paragraphs (1) [F29to (3)] commits an offence, but—

(a)it is a defence for a person charged with an offence of contravening paragraph (1) [F30or (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 [F31.]

F32(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26Reg. 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

F27Reg. 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

F28Word 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

F29Words 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

F30Words 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

F31Full 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

F32Reg. 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

I7Reg. 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 [F24restricted goods] and [F25restricted 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 [F24restricted goods] from a third country to a place in Russia;

(b)directly or indirectly making [F24restricted 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 [F25restricted 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 [F25restricted 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 [F24restricted goods] or [F25restricted 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

I8Reg. 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)

[F33Insurance 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

I9Reg. 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)