The Russia (Sanctions) (EU Exit) (Amendment) Regulations 2024

Insertion of Chapter 4JC into the Russia (Sanctions) (EU Exit) Regulations 2019

2.  After regulation 46Z16P of the Russia (Sanctions) (EU Exit) Regulations 2019(1) (brokering services relating to diamonds and diamond jewellery) insert—

“CHAPTER 4JC Certain diamonds processed in a third country

Interpretation

46Z16Q.— (1) In this Chapter—

“diamonds” means any thing falling within—

(a)

the following commodity codes—

(i)

7102 10 (unsorted diamonds);

(ii)

7102 39 (non-industrial diamonds, other than unworked or simply sawn, cleaved or bruted); and

(b)

both commodity code ex 7102 31 and the description “non-industrial diamonds, simply sawn, cleaved or bruted”;

“relevant day” means—

(a)

1st March 2024 in relation to any diamonds which are equal to or larger than 1 carat;

(b)

1st September 2024 in relation to any diamonds which are equal to or larger than 0.5 carats;

“relevant processed diamonds” means diamonds which—

(a)

have been processed in a third country; and

(b)

originate in Russia;

“third country” means a country that is not the United Kingdom, the Isle of Man or Russia.

(2) Paragraph 1 of Schedule 3 applies for the purposes of interpreting the definition of diamonds in paragraph (1).

(3) For the purposes of this Chapter, diamonds are processed where they are—

(a) altered;

(b) transformed in any way; or

(c) subjected to any other type of operation or process.

Import of relevant processed diamonds

46Z16R.— (1) The import of relevant processed diamonds, on or after the relevant day, is prohibited.

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

Technical assistance relating to relevant processed diamonds

46Z16S.— (1) A person must not on or after the relevant day directly or indirectly provide technical assistance relating to the import of relevant processed diamonds.

(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 paragraph (1) 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.

Financial services and funds relating to relevant processed diamonds

46Z16T.— (1) A person must not on or after the relevant day directly or indirectly provide financial services or funds in pursuance of or in connection with an arrangement whose object or effect is the import of relevant processed diamonds.

(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.

Brokering services relating to relevant processed diamonds

46Z16U.— (1) A person must not on or after the relevant day directly or indirectly provide brokering services in relation to any arrangements described in regulation 46Z16T(1).

(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 brokering services were provided in relation to an arrangement mentioned in that paragraph.”.

(1)

S.I. 2019/855 as amended by S.I. 2020/590 and 951, 2022/123, 194, 195, 203, 205, 241, 395, 452, 477, 500, 792, 801, 814, 818, 850, 1110, 1122 and 1331 and 2023/149, 440, 665, 713, 1364 and 1367 and by the Sentencing Act 2020 (c. 17).