The Russia (Sanctions) (EU Exit) (Amendment) (No. 3) Regulations 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made under the Sanctions and Anti-Money Laundering Act 2018 (c. 13) to amend the Russia (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/855) (“the 2019 Regulations”).

Regulation 3 amends Chapter 6B (professional and business services) of Part 5 of the 2019 Regulations to introduce a new prohibition on the provision of legal advisory services where the legal advisory services are provided in relation to activity which would contravene certain prohibitions in the 2019 Regulations if that activity were carried out by a UK person, or in the United Kingdom.

Regulation 4 introduces new exceptions to the prohibition on the provision of professional and business services to a person connected with Russia for the provision of auditing services, and in relation to the provision of expert evidence in connection with legal proceedings.

Regulation 5 introduces an exception from the new prohibition, inserting a new regulation 60DB in the 2019 Regulations, and regulation 6 amends regulation 61 to ensure that the new prohibition is not contravened by an act done to deal with an emergency.

Regulations 7 and 9 make consequential amendments to regulations 82 and 87 on the enforcement of the 2019 Regulations.

Regulation 8 amends regulation 85 so that the offences specified in regulation 85(3B) and (3C) may only be investigated by HM Revenue and Customs following a referral by either a Secretary of State, the Treasury or the Office of Communications, or a decision by the Commissioners for His Majesty’s Revenue and Customs to treat a suspected offence as if it had been so referred to them.

Regulation 10 inserts a definition of “legal advisory services” into Schedule 3J.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public service is foreseen.