The Lebanon (Sanctions) (EU Exit) Regulations 2020

CHAPTER 2 Military goods and military technology

Export of military goods

7.—(1) The export of military goods to, or for use in, Lebanon is prohibited.

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

Supply and delivery of military goods

8.—(1) A person must not directly or indirectly supply or deliver military goods from a third country to a place in Lebanon.

(2) Paragraph (1) is subject to Part 3 (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 Lebanon.

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

Making military goods and military technology available

9.—(1) A person must not—

(a) directly or indirectly make military goods or military technology available to a person connected with Lebanon;

(b) directly or indirectly make military goods or military technology available for use in Lebanon.

(2) Paragraph (1) is subject to Part 3 (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 Lebanon;

(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 Lebanon.

Transfer of military technology

10.—(1) A person must not—

(a) transfer military technology to a place in Lebanon;

(b) transfer military technology to a person connected with Lebanon.

(2) Paragraph (1) is subject to Part 3 (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 Lebanon;

(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 Lebanon.

Technical assistance relating to military goods and military technology

11.—(1) A person must not directly or indirectly provide technical assistance relating to military goods or military technology—

(a) to a person connected with Lebanon, or

(b) for use in Lebanon.

(2) Paragraph (1) is subject to Part 3 (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 Lebanon;

(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 Lebanon.

Financial services and funds relating to military goods and military technology

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

(a) the export of military goods,

(b) the direct or indirect supply or delivery of military goods,

(c) directly or indirectly making military goods or military technology available to a person,

(d) the transfer of military technology, or

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

(2) A person must not directly or indirectly make funds available to a person connected with Lebanon 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 military goods to, or for use in, Lebanon,

(b) the direct or indirect supply or delivery of military goods to a place in Lebanon,

(c) directly or indirectly making military goods or military technology available—

(i) to a person connected with Lebanon, or

(ii) for use in Lebanon,

(d) the transfer of military technology—

(i) to a person connected with Lebanon, or

(ii) to a place in Lebanon, or

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

(i) to a person connected with Lebanon, or

(ii) for use in Lebanon.

(4) Paragraphs (1) to (3) are subject to Part 3 (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 Lebanon;

(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 military goods and military technology

13.—(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 military goods from a third country to a place in Lebanon,

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

(i) to a person connected with Lebanon, or

(ii) to a place in Lebanon,

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

(i) to a person connected with Lebanon, or

(ii) to a place in Lebanon,

(d) the transfer of military technology from a place in a third country—

(i) to a person connected with Lebanon, or

(ii) to a place in Lebanon,

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

(i) to a person connected with Lebanon, or

(ii) for use in Lebanon,

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

(i) to a person connected with Lebanon, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 12(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 12(3),

(g) directly or indirectly making funds available, in a non-UK country, to a person connected with Lebanon, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 12(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 12(3).

(2) Paragraph (1) is subject to Part 3 (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 Lebanon, and

(b)

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