The Russia (Sanctions) (EU Exit) Regulations 2019 No. 855

PART 5 U.K. Trade

[F1 CHAPTER 4J U.K. Gold

Textual Amendments

F1 Pt. 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

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 Russia U.K.

46Z11.— (1) The import of gold [F2 originating 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

F2 Words in reg. 46Z11(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. 4

Acquisition of gold from Russia U.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 Russia U.K.

F3 46Z13.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Reg. 46Z13 omitted (21.4.2023) by virtue of The Russia (Sanctions) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/440), regs. 1(2), 7(1)

Technical assistance relating to gold U.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;

F4 (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;

F5 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Reg. 46Z14(1)(c) omitted (21.4.2023) by virtue of The Russia (Sanctions) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/440), regs. 1(2), 7(2)

F5 Reg. 46Z14(3)(c) omitted (21.4.2023) by virtue of The Russia (Sanctions) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/440), regs. 1(2), 7(2)

Financial services and funds relating to gold U.K.

46Z15.— [F6 (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;

F7 (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

F6 Reg. 46Z15(1) substituted (16.12.2022) by The Russia (Sanctions) (EU Exit) (Amendment) (No. 17) Regulations 2022 (S.I. 2022/1331), reg. 1(2)(b), Sch. 4 para. 3

F7 Reg. 46Z15(1)(c) omitted (21.4.2023) by virtue of The Russia (Sanctions) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/440), regs. 1(2), 7(3)

Brokering services relating to gold U.K.

46Z16.— (1) A person must not directly or indirectly provide brokering services in relation to any arrangements described in regulation [F8 46Z15(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

F8 Words in reg. 46Z16(1) substituted (21.4.2023) by The Russia (Sanctions) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/440), regs. 1(2), 7(4)