Textual Amendments
F1Pt. 5 Chs. 4H-4K inserted (21.7.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 14) Regulations 2022 (S.I. 2022/850), regs. 1(2), 12
F2Pt. 5 Ch. 4H heading substituted (29.10.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 15) Regulations 2022 (S.I. 2022/1110), reg. 1(2)(b), Sch. 3 para. 10(1)(2)(a)
46Y.—(1) The export of [F4G7 dependency and further goods] to, or for use in, Russia is prohibited.
(2) A person must not directly or indirectly—
(a)supply or deliver [F4G7 dependency and further goods] from a third country to a place in Russia;
(b)make [F4G7 dependency and further goods] available to a person connected with Russia;
(c)make [F4G7 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
F3Words in reg. 46Y heading substituted (29.10.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 15) Regulations 2022 (S.I. 2022/1110), reg. 1(2)(b), Sch. 3 para. 10(1)(2)(b)
F4Words in reg. 46Y substituted (29.10.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 15) Regulations 2022 (S.I. 2022/1110), reg. 1(2)(b), Sch. 3 para. 10(1)(2)(b)
46Z.—(1) A person must not directly or indirectly provide technical assistance relating to [F6G7 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
F5Words in reg. 46Z heading substituted (29.10.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 15) Regulations 2022 (S.I. 2022/1110), reg. 1(2)(b), Sch. 3 para. 10(1)(2)(c)
F6Words in reg. 46Z(1) substituted (29.10.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 15) Regulations 2022 (S.I. 2022/1110), reg. 1(2)(b), Sch. 3 para. 10(1)(2)(c)
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 [F8G7 dependency and further goods];
(b)the direct or indirect supply or delivery of [F8G7 dependency and further goods];
(c)directly or indirectly making [F8G7 dependency and further goods] available to a person; or
(d)the direct or indirect provision of technical assistance relating to [F8G7 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 [F8G7 dependency and further goods] to, or for use in, Russia;
(b)the direct or indirect supply or delivery of [F8G7 dependency and further goods] to a place in Russia;
(c)directly or indirectly making [F8G7 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 [F8G7 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
F7Words in reg. 46Z1 heading substituted (29.10.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 15) Regulations 2022 (S.I. 2022/1110), reg. 1(2)(b), Sch. 3 para. 10(1)(2)(d)
F8Words in reg. 46Z1 substituted (29.10.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 15) Regulations 2022 (S.I. 2022/1110), reg. 1(2)(b), Sch. 3 para. 10(1)(2)(d)
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 [F10G7 dependency and further goods];
(b)the direct or indirect supply or delivery of [F10G7 dependency and further goods];
(c)directly or indirectly making [F10G7 dependency and further goods] available to a person;
(d)the direct or indirect provision of technical assistance relating to [F10G7 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.
[F11(4) In this regulation, “non-UK country” means a country which is not the United Kingdom.]]
Textual Amendments
F9Words in reg. 46Z2 heading substituted (29.10.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 15) Regulations 2022 (S.I. 2022/1110), reg. 1(2)(b), Sch. 3 para. 10(1)(2)(e)
F10Words in reg. 46Z2 substituted (29.10.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 15) Regulations 2022 (S.I. 2022/1110), reg. 1(2)(b), Sch. 3 para. 10(1)(2)(e)