The Russia (Sanctions) (EU Exit) Regulations 2019

CHAPTER 5 Exports and imports, and related activities, in relation to Crimea

Imports from Crimea

47.—(1) The import of goods which originate in Crimea is prohibited.

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

Export of infrastructure-related goods to Crimea

48.—(1) The export of infrastructure-related goods to, or for use in, Crimea, is prohibited.

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

Supply and delivery of infrastructure-related goods

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

(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 Crimea.

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

Making infrastructure-related goods available

50.—(1) A person must not—

(a) directly or indirectly make infrastructure-related goods available to a person connected with Crimea;

(b) directly or indirectly make infrastructure-related goods available for use in Crimea.

(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 Crimea;

(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 Crimea.

Technical assistance relating to infrastructure-related goods

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

(a) to a person connected with Crimea, or

(b) for use in Crimea.

(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 Crimea;

(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 Crimea.

Financial services and funds relating to infrastructure-related goods etc.

52.—(1) A person must not directly or indirectly provide, to a person connected with Crimea, 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 Crimea 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 Crimea;

(b) the export of infrastructure-related goods to, or for use in, Crimea,

(c) the direct or indirect supply or delivery of infrastructure-related goods to a place in Crimea,

(d) directly or indirectly making infrastructure-related goods available—

(i) to a person connected with Crimea, or

(ii) for use in Crimea,

(e) the direct or indirect provision of technical assistance relating to infrastructure-related goods—

(i) to a person connected with Crimea, or

(ii) for use in Crimea.

(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 Crimea;

(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.

Brokering services: non-UK activity relating to infrastructure-related goods and goods from Crimea

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 Crimea;

(b) the direct or indirect supply or delivery of infrastructure-related goods from a third country to a place in Crimea,

(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 Crimea, or

(ii) to a place in Crimea,

(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 Crimea, or

(ii) for use in Crimea,

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

(i) to a person connected with Crimea, 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 Crimea, 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 Crimea.