The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2021

Interception and monitoring goods and technology; other goods

This section has no associated Explanatory Memorandum

37.  After Schedule 2, insert—

Regulation 19

SCHEDULE 2AInterception and monitoring goods and interception and monitoring technology

Interception and monitoring equipment

1.  Any goods which can perform any of the following functions (whether individually or as part of a system)—

(a)deep packet inspection;

(b)network interception, including associated systems management and data retention functions;

(c)radio frequency monitoring, including associated processing or examination;

(d)network and satellite jamming;

(e)remote infection;

(f)speaker recognition, including associated processing functions;

(g)IMSI, MSISDN, IMEI and TMSI interception and monitoring;

(h)tactical SMS, GSM, GPS, GPRS, UMTS, CDMA, and PSTN interception and monitoring;

(i)DHCP, SMTP and GTP information interception and monitoring;

(j)pattern recognition and pattern profiling;

(k)remote forensics;

(l)semantic processing;

(m)WEP and WPA code breaking;

(n)interception of VoIP (including proprietary and standard protocols);

(p)cryptanalysis.

2.  Any software which can perform any of the functions described in paragraph 1(a) to (p) (whether individually or as part of a system).

Other software and other technology

3.  Any software or other technology which is specially designed for the development, production or use of any goods or software described in paragraph 1 or 2.

Interpretation

4.  For the purposes of this Schedule, the following terms have the meaning given to them in the Dual-Use Regulation—

“development”;

“production”;

“software”;

“technology”;

“use”.

Acronyms and abbreviations used in this Schedule

6.  The acronyms and abbreviations used in this Schedule have the following meaning—

ABBREVIATION/ ACRONYMMEANINGADDITIONAL INFORMATION
IMSIInternational Mobile Subscriber IdentityThis is a unique identification code for each mobile telephony device, integrated in the SIM card and which allows identification of that SIM, via GSM and UMTS networks.
MSISDNMobile Subscriber Integrated Services Digital Network NumberThis is a number that uniquely identifies a subscription in a GSM or a UMTS mobile network. It is the telephone number to the SIM card in a mobile phone and therefore identifies a mobile subscriber as well as the IMSI.
IMEIInternational Mobile Equipment IdentityThis is a number, usually unique, to identify GSM, WCDMA and IDEN mobile phones as well as some satellite phones. It is usually found printed inside the battery compartment of the phone.
TMSITemporary Mobile Subscriber Identity
SMSShort Message System
GSMGlobal System for Mobile Communications
GPSGlobal Positioning System
GPRSGeneral Packet Radio Service
UMTSUniversal Mobile Telecommunications System
CDMACode Division Multiple Access
PSTNPublic Switch Telephone Networks
DHCPDynamic Host Configuration Protocol
SMTPSimple Mail Transfer Protocol
GTPGPRS Tunnelling Protocol
WEPWired Equivalent Privacy
WPAWi-Fi Protected Access
VoIPVoice over Internet Protocol
WDCMAWideband Code-division Multiple Access
IDENIntegrated Digital Enhanced Network

Regulation 19B

SCHEDULE 2BPotash, petroleum products and tobacco industry goods

1.(1) For the purposes of this Schedule—

(a)a thing “falls within” a commodity code if it is, or would be, classified under that commodity code, as set out in the Goods Classification Table;

(b)where a commodity code or chapter is preceded by “ex”, the goods specified in this Schedule constitute only a part of the scope of the commodity code or chapter and must fall within both the description given to that code or chapter in this Schedule and the scope of the code or chapter in the Goods Classification Table.

(2) For the purposes of determining whether or not a thing is, or would be, “classified” in accordance with paragraph (1)(a), the rules of interpretation contained in the following have effect—

(a)Part Two (Goods Classification Table Rules of Interpretation) of the Tariff of the United Kingdom;

(b)notes to a section or chapter of the Goods Classification Table.

(3) For the purposes of this Schedule—

“commodity code” includes a code denoting a heading or sub-heading;

“the Goods Classification Table” means the table so named in Annex I in Part Three of the Tariff of the United Kingdom;

“the Tariff of the United Kingdom” means the document containing the legal classification and import rate for products being imported into the United Kingdom, entitled “The Tariff of the United Kingdom” as revised or reissued from time to time(1), including by any document published under regulations made under section 8(1) of the Taxation (Cross-border Trade) Act 2018(2) replacing the same in whole or in part.

2.  For the purposes of Part 5—

“potash” means any thing which falls within any of the following commodity codes—

(a)

31042010;

(b)

31042090;

(c)

31052010;

(d)

31052090;

(e)

31056000;

(f)

ex 31059020 or ex 31059080, provided in each case that it is a fertiliser containing potassium chloride;

“petroleum products” means any thing which falls within any of the following commodity codes—

(a)

2710;

(b)

2711;

(c)

2712;

(d)

2713;

(e)

2715.

“tobacco industry goods” means anything which falls within any of the following commodity codes—

(a)

ex 48239085, provided that it is a filter;

(b)

4813;

(c)

ex 330290, provided that it is a flavour for tobacco;

(d)

8478.

(1)

The Tariff of the United Kingdom, Version 1.0 dated 8 December 2020 is available electronically from: https://www.gov.uk/government/publications/reference-document-for-the-customs-tariff-establishment-eu-exit-regulations-2020. A hard copy is available for inspection free of charge at the offices of HMRC at 100 Parliament Street, London, SW1A 2BQ.