The Republic of Belarus (Sanctions) (EU Exit) Regulations 2019

Made: 18th March 2019

Laid before Parliament: 20th March 2019

Coming into force in accordance with regulation 1(2)

The Secretary of State , in exercise of the powers conferred by sections 1(1)(c) and (3)(b), 3(1)(a), (b)(ii), (d)(i) and (ii), 4, 5, 9(2)(a), 10(2)(a) and (c), (3) and (4), 11(2) to (9), 15(2)(a) and (b), (3), (4)(b), (5) and (6), 16, 17(2) to (9), 19, 20, 21(1), 54(1) and (2)(a), 56 and 62(4) to (6) of, and paragraphs 2(b), 4(b) and (c), 5(a)(ii) and (b), 6(a)(ii) and (b), 11(a)(ii), 13(b), (h), (k), (l), (m) and (n), 14(a), (f) and (k), 17(a), 19(a), 20 to 23 and 27 of Schedule 1 to, the Sanctions and Anti-Money Laundering Act 2018 , and having decided, upon consideration of the matters set out in section 2(2) and 56(1) of that Act, that it is appropriate to do so, makes the following Regulations:

PART 1 — General

Citation and commencement

1

• (1) These Regulations may be cited as the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019.

• (2) These Regulations come into force in accordance with regulations made under section 56 of the Act.

Interpretation

2

• (1) In these Regulations—

• “the Act” means the Sanctions and Anti-Money Laundering Act 2018;

• “the Amendment Regulations 2021” means the Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2021;

• “the Amendment Regulations 2022” means the Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022;

• “aircraft licence” means a licence under regulation 33A;

• “arrangement” includes any agreement, understanding, scheme, transaction or series of transactions, whether or not legally enforceable (but see paragraph 12 of Schedule 1 for the meaning of that term in that Schedule);

• “Belarus” means the Republic of Belarus;

• “CEMA” means the Customs and Excise Management Act 1979 ;

• “the Commissioners” means the Commissioners for Her Majesty's Revenue and Customs;

• “conduct” includes acts and omissions;

• “consular post” has the same meaning as in the Vienna Convention on Consular Relations done at Vienna on 24 April 1963, and any reference to the functions of a consular post is to be read in accordance with that Convention;

• “diplomatic mission”, and any reference to the functions of a diplomatic mission, are to be read in accordance with the Vienna Convention on Diplomatic Relations done at Vienna on 18 April 1961;

• “director disqualification licence” means a licence under regulation 32A;

• “document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include producing a copy of the information in legible form;

• “the Dual-Use Regulation” means Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items;

• “the EU Belarus Regulation” means Council Regulation (EC) No 765/2006 of 18 May 2006 concerning restrictive measures in respect of Belarus , as it has effect in EU law;

• “the Government of Belarus” includes its public bodies, corporations or agencies, or any person acting on its behalf or at its direction;

• “humanitarian assistance activity” includes the work of international and non-governmental organisations carrying out humanitarian and relief activities in Belarus for the benefit of the civilian population of Belarus;

• “OFCOM” means the Office of Communications;

• “serious human rights violation or abuse” means a serious violation or abuse of any of the human rights specified in regulation 4;

• “trade licence” means a licence under regulation 33;

• “Treasury licence” means a licence under regulation 32;

• “United Kingdom person” has the same meaning as in section 21 of the Act.

• (2) For the purposes of Part 3 (Finance), Part 5 (Trade), Part 5A (Aircraft), Part 5B (Ships) and Part 6 (Exceptions and licences), a person is to be regarded as “connected with” Belarus if the person is—

• (a) an individual who is, or an association or combination of individuals who are, ordinarily resident in Belarus,

• (b) an individual who is, or an association or combination of individuals who are, located in Belarus,

• (c) a person, other than an individual, which is incorporated or constituted under the law of Belarus, or

• (d) a person, other than an individual, which is domiciled in Belarus.

Application of prohibitions and requirements outside the United Kingdom

3

• (1) A United Kingdom person may contravene a relevant prohibition by conduct wholly or partly outside the United Kingdom.

• (2) Any person may contravene a relevant prohibition by conduct in the territorial sea.

• (3) In this regulation a “relevant prohibition” means any prohibition imposed—

• (a) regulation 9(2) (confidential information),

• (b) by Part 3 (Finance),

• (c) by Part 5 (Trade), ...

• (ca) by regulation 29C(6) (disclosure of confidential information), ...

• (cb) by Part 5B (Ships), or

• (d) by a condition of a Treasury licence or a trade licence.

• (4) A United Kingdom person may comply, or fail to comply, with a relevant requirement by conduct wholly or partly outside the United Kingdom.

• (5) Any person may comply, or fail to comply, with a relevant requirement ... by conduct in the territorial sea.

• (6) In this regulation a “relevant requirement” means any requirement imposed—

• (a) by or under Part 7 (Information and records), or by reason of a request made under a power conferred by that Part,

• (b) by a condition of a Treasury licence, a trade licence or an aircraft licence,

• (c) by a direction under regulation 29A(2) (direction by air traffic control to operator or pilot of Belarusian aircraft), or

• (d) by a direction under regulation 29H (movement of ships).

• (7) Nothing in this regulation is to be taken to prevent a relevant prohibition or a relevant requirement from applying to conduct (by any person) in the United Kingdom.

Purposes

4

The purposes of the regulations contained in this instrument that are made under section 1 of the Act are to encourage the Government of Belarus to—

• (a) respect democratic principles and institutions, the separation of powers and the rule of law in Belarus,

• (b) refrain from actions, policies or activities which repress civil society in Belarus,

• (c) investigate properly and institute criminal proceedings against the persons responsible for the disappearances of Yury Zakharanka, Viktar Hanchar, Anatol Krasouski and Dzmitry Zavadski, ...

• (d) comply with international human rights law and to respect human rights, including in particular to—

• (i) respect the right to life of persons in Belarus;

• (ii) respect the right of persons not to be subjected to torture or cruel, inhuman or degrading treatment or punishment in Belarus, including inhuman or degrading conditions in prisons;

• (iii) afford persons in Belarus charged with criminal offences the right to a fair trial;

• (iv) respect the right to liberty and security, including refraining from the arbitrary arrest and detention of persons in Belarus;

• (v) afford journalists, human rights defenders and other persons in Belarus the right to freedom of expression, association and peaceful assembly;

• (vi) secure the human rights of persons in Belarus without discrimination, including on the basis of a person's sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

• (e) cease actions destabilising Ukraine or undermining or threatening the territorial integrity, sovereignty or independence of Ukraine, including by supporting or facilitating Russia’s actions in respect of Ukraine, and

• (f) refrain from any other action which undermines or threatens peace, security or stability in Europe.

PART 2 — Designation of persons

Power to designate persons

5

• (1) The Secretary of State may designate persons by name for the purposes of any of the following—

• (a) regulations 11 to 15 (Finance); ...

• (aa) regulation 16A (Director disqualification sanctions);

• (b) regulation 17 (Immigration) ; and

• (c) regulation 27N (technical assistance in relation to aircraft and ships);

• (ca) regulation 27P (internet services);

• (d) regulations 29A and 29CA (aircraft);

• (e) regulations 29F, 29H, 29I and 29J (ships: prohibition on port entry etc.).

• (1A) The Secretary of State may provide that persons of a description specified by the Secretary of State are designated persons for the purposes of any of the following—

• (a) regulations 11 to 15 (finance);

• (b) regulation 17 (immigration);

• (c) regulation 27N (technical assistance relating to aircraft and ships);

• (ca) regulation 27P (internet services);

• (d) regulations 29A and 29CA (aircraft);

• (e) regulations 29F, 29H, 29I and 29J (ships: prohibition on port entry etc.).

• (2) The Secretary of State may designate different persons for the purposes of different provisions mentioned in paragraph (1) or (1A).

• (3) For the purposes of these Regulations, persons “designated under regulation 5” for the purpose of a particular regulation means—

• (a) persons who are designated by name under paragraph (1) for the purposes of that particular regulation, and

• (b) where the Secretary of State makes provision under paragraph (1A) that persons of a specified description are designated persons for the purposes of that particular regulation, persons of that description.

Designation criteria

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) For the purposes of regulations 5A(4) (condition relating to the designation of persons by name) and 5B(9) (condition relating to designation of persons by description) an “involved person” means a person who—

• (a) is or has been involved in—

• (i) conduct enabling or facilitating—

• (aa) the disappearance of Yury Zakharanka, Viktar Hanchar, Anatol Krasouski or Dzmitry Zavadski, or

• (bb) the failure to investigate properly or institute criminal proceedings against the persons responsible for those disappearances,

• (ii) the commission of a serious human rights violation or abuse in Belarus,

• (iii) the repression of civil society or democratic opposition in Belarus, ...

• (iv) other actions, policies or activities which undermine democracy or the rule of law in Belarus,

• (v) conduct destabilising Ukraine or undermining or threatening the territorial integrity, sovereignty or independence of Ukraine, including by supporting or facilitating Russia’s actions in respect of Ukraine, in particular by—

• (aa) providing logistical support to the Russian army, or

• (bb) spreading disinformation about Russia’s invasion of Ukraine,

• (vi) other actions undermining or threatening peace, security or stability in Europe, or

• (vii) obtaining a benefit from or supporting the Government of Belarus through carrying on a relevant business activity,

• (b) is owned or controlled directly or indirectly (within the meaning of regulation 7) by a person who is or has been so involved,

• (c) is acting on behalf of or at the direction of a person who is or has been so involved, or

• (d) is a member of, or associated with, a person who is or has been so involved.

• (3) Any reference in this regulation to being involved in an activity set out in paragraphs (2)(a)(i) to (vi) above includes being so involved in whatever way and wherever any actions constituting the involvement take place, and in particular includes—

• (a) being responsible for, engaging in, providing support for, or promoting, any such activity;

• (b) providing financial services, or making available funds or economic resources, that could contribute to any such activity;

• (c) being involved in the supply to Belarus of goods or technology mentioned in regulation 23(1A) (making available goods and technology to a person connected with, or for use in, Belarus) or of material related to such goods or technology, or in providing financial services relating to such supply;

• (d) being involved in the supply to Belarus of goods or technology which could contribute to any such activity, or in providing financial services relating to such supply;

• (da) providing support for or obtaining an economic benefit from the Government of Belarus;

• (e) being involved in assisting the contravention or circumvention of any relevant provision.

• (3A) For the purposes of this regulation, being “involved in obtaining a benefit from or supporting the Government of Belarus through carrying on a relevant business activity” means—

• (a) carrying on business as a Government of Belarus-affiliated entity,

• (b) carrying on business of economic significance to the Government of Belarus,

• (c) carrying on business in a sector of strategic significance to the Government of Belarus, ...

• (d) owning or controlling directly or indirectly (within the meaning of regulation 7), or working as a manager, director (whether executive or non-executive), trustee, or equivalent, of—

• (i) a Government of Belarus-affiliated entity, or

• (ii) a person, other than an individual, which falls within sub-paragraph (b) or (c) ;

• (e) holding the right, directly or indirectly, to nominate at least one director (whether executive or non-executive), trustee or equivalent of—

• (i) a Government of Belarus-affiliated entity, or

• (ii) a person, other than an individual, which falls within sub-paragraph (b) or (c).

• (3B) For the purposes of this regulation, a person is involved in “conduct destabilising Ukraine or undermining or threatening the territorial integrity, sovereignty or independence of Ukraine” or “obtaining a benefit from or supporting the Government of Belarus through carrying on a relevant business activity” if they work for, or are affiliated to, the Government of Belarus, as—

• (a) an aide or adviser to the President of Belarus;

• (b) a head or deputy head of any public body, service or committee subordinate to the President of Belarus or the Council of Ministers of the Republic of Belarus, including the Administration of the President of the Republic of Belarus;

• (c) a member of the Security Council of Belarus;

• (d) a Prime Minister, First Deputy Prime Minister or Deputy Prime Minister of Belarus;

• (e) a Minister or Deputy Minister of any Ministry of Belarus;

• (f) a Chairperson or member of the Board of Directors of the National Bank of the Republic of Belarus;

• (g) a head or deputy head of the Minsk City Executive Committee or any Regional Executive Committee;

• (h) a head or deputy head of any other public body, committee or agency of the Government of Belarus;

• (i) a member of the armed forces or law-enforcement organs of Belarus holding a rank of Lieutenant-Colonel, or equivalent, or higher;

• (j) a member of the Belarussian security and intelligence services of the rank of Lieutenant-Colonel, or equivalent, or higher; or

• (k) a director or manager, or equivalent position or higher, of a Government of Belarus-affiliated entity.

• (3C) In paragraph (2)(d), being “associated with” a person includes—

• (a) obtaining a financial benefit or other material benefit from that person;

• (b) being an immediate family member of that person.

• (4) In this regulation—

• “Belarusian authority” has the meaning given in regulation 15D;

• “Government of Belarus-affiliated entity” means a person, other than an individual—which is owned or controlled directly or indirectly (within the meaning of regulation 7) by the President of Belarus or a Belarusian authority,in which the President of Belarus or a Belarusian authority holds directly or indirectly a minority interest,which receives, or has received, financing, directly or indirectly, from the President of Belarus or a Belarusian authority, orwhich otherwise obtains a financial benefit or other material benefit from the President of Belarus or a Belarusian authority;

• “immediate family member” means—a wife or husband;a civil partner;a parent or step-parent;a child or step-child;a sibling or step-sibling;a niece or nephew;an aunt or uncle;a grandparent;a grandchild;

• “minority interest” means any shareholding, voting right or right to appoint or remove members of the board of directors which does not meet the condition set out in regulation 7(2);

• “relevant provision” means—any provision of Parts 3 (Finance), 5 (Trade), 5A (Aircraft) or 5B (Ships);any provision of the law of a country other than the United Kingdom made for purposes corresponding to a purpose of any provision of Parts 3 (Finance), 5 (Trade), 5A (Aircraft) or 5B (Ships);

• “sector of strategic significance to the Government of Belarus” means—the Belarusian chemicals sector;the Belarusian construction sector;the Belarusian defence sector;the Belarusian electronics sector;the Belarusian energy sector;the Belarusian extractives sector;the Belarusian forestry sector;the Belarusian financial services sector;the Belarusian information, communications and digital technologies sector;the Belarusian mechanical engineering sector;the Belarusian metallurgy sector;the Belarusian transport sector.