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

Type Statutory-Instrument
Publication 2019-03-18
Last updated 2026-01-19
State In force
Department King's Printer of Acts of Parliament
PDF Download
articles 2
Reform history JSON API

[^key-63e0e5c1fcd6132f9e5f5226719e539b]: Sch. 3 para. 1(2)(3) inserted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 11(12)(a)(iii)

[^key-786ce0ad23111eefc503bbc301901abe]: Words in reg. 34(6) inserted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 11(6)(a)

[^key-d949de26d5ab2ed4a85c051130078033]: Word in reg. 34(6) substituted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 11(6)(b)

[^key-4d94f2c6d8b86b4d7036c275df6b9e07]: Words in reg. 34(6) inserted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 11(6)(c)

[^key-0556319ef36cd74de95ed9d008d89d47]: Word in reg. 34(6) substituted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 11(6)(d)

[^key-c58ffc5edfa81c4e21da8d7244bc51db]: Words in reg. 5A(4) substituted (18.4.2025) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2025 (S.I. 2025/394), regs. 1(2), 10

[^key-5318b985a195dbc7287c40dca3fc051d]: Reg. 39(3D)-(3K) inserted (14.5.2025) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2)(j), 11(9)(b)

[^key-fca647f6f2bfde6e3b06e03778c926f3]: Reg. 39(1)(j)-(m) inserted (14.5.2025) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2)(j), 11(9)(a)

[^key-c7f075f9b6ff7e09d9f50a025e16adb6]: Reg. 39(5)(da) inserted (14.5.2025) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2)(j), 11(9)(c)

[^key-66f8ddf61cd064938e9fc2b60e482d03]: Words in reg. 30ZA(8) substituted (19.1.2026) by The Public Offers and Admissions to Trading (Amendment and Consequential and Transitional Provisions) Regulations 2025 (S.I. 2025/1076), reg. 1(3), Sch. para. 19(a); S.I. 2025/1078, reg. 5(b)

[^key-0e9a59673fc14a5eccd949643ff57e2b]: Words in reg. 30ZA(8) omitted (19.1.2026) by virtue of The Public Offers and Admissions to Trading (Amendment and Consequential and Transitional Provisions) Regulations 2025 (S.I. 2025/1076), reg. 1(3), Sch. para. 19(b); S.I. 2025/1078, reg. 5(b)

[^M_F_44164650-438b-4868-b42b-a9cc1270f53c]: Words in reg. 30ZA(8) omitted (19.1.2026) by virtue of The Public Offers and Admissions to Trading (Amendment and Consequential and Transitional Provisions) Regulations 2025 (S.I. 2025/1076), reg. 1(3), Sch. para. 19(b); S.I. 2025/1078, reg. 5(b)

Exception for authorised conduct in a relevant country

30A
  • (1) Where a person's conduct in a relevant country would, in the absence of this regulation, contravene a prohibition in any of regulations 11 to 15 (asset-freeze etc.) , 15B (loans and credit arrangements) , 15C (insurance and reinsurance services)or 15CA (provision of financial services relating to foreign reserve and asset management), or Chapters 2, ... 2B or 2C of Part 5 (Trade) (“the relevant prohibition”), the relevant prohibition is not contravened if the conduct is authorised by a licence or other authorisation which is issued—
  • (a) under the law of the relevant country, and
  • (b) for the purpose of disapplying a prohibition in that jurisdiction which corresponds to the relevant prohibition.
  • (2) In this regulation—

Exception for acts done for purposes of national security or prevention of serious crime

Treasury licences

Trade licences

Licences: general provisions

Finance: licensing offences

Trade: licensing offences

Section 8B(1) to (3) of Immigration Act 1971: directions

CHAPTER 1 — Asset-freeze etc.

Meaning of “designated person” in Part 3

Asset-freeze in relation to designated persons

Making funds available to designated persons

Making funds available for benefit of designated persons

Making economic resources available to designated persons

Making economic resources available for benefit of designated persons

CHAPTER2 — Other financial restrictions

Dealing with transferable securities or money-market instruments

15A
  • (1) A person (“P”) must not directly or indirectly deal with a transferable security or money-market instrument falling within paragraph (2) if P knows, or has reasonable cause to suspect, that P is dealing with such a transferable security or money-market instrument.
  • (2) A transferable security or money-market instrument falls within this paragraph if it—
  • (a) has a maturity exceeding 90 days,
  • (b) is issued by a relevant person, and
  • (c) is issued—
  • (i) after the date on which the Amendment Regulations 2021 come into force, and
  • (ii) before the Amendment Regulations 2022 come into force.
  • (2A) A person (“P”) must not, directly or indirectly, deal with a transferable security or money-market instrument falling within paragraphs (2B) or (2C) if P knows, or has reasonable cause to suspect, that P is dealing with such a transferable security or money-market instrument.
  • (2B) A transferable security or money-market instrument falls within this paragraph if it is issued after the Amendment Regulations 2022 come into force by—
  • (a) a relevant person;
  • (b) a person, other than an individual, acting on behalf or upon the direction of a person falling within any of sub-paragraphs (a) to (c) of the definition of relevant person in regulation 15D(1).
  • (2C) A transferable security or money-market instrument falls within this paragraph if it is issued after the Amendment Regulations 2022 come into force by—
  • (a) a person connected with Belarus, which is not—
  • (i) a relevant person,
  • (ii) a person, other than an individual, which on the date on which the Amendment Regulations 2022 come into force is domiciled in a country other than Belarus, or
  • (iii) a person which on the date on which the Amendment Regulations 2022 come into force is a branch or subsidiary, wherever located, of a person mentioned in paragraph (ii);
  • (b) a person, other than an individual, which is majority owned by a person falling within sub-paragraph (a) ; or
  • (c) a person, other than an individual, acting on behalf or at the direction of a person falling within sub-paragraph (a) or sub-paragraph (b).
  • (3) Paragraphs (1) and (2A) are subject to Part 6 (Exceptions and licences).
  • (4) A person who contravenes the prohibition in paragraph (1) or (2A) commits an offence.
  • (5) For the purposes of this regulation, a reference to “dealing with” a transferable security or money-market instrument includes a reference to purchasing or selling the security or instrument, providing investment services relating to the security or instrument, or assisting in the issuance of the security or instrument.
  • (6) In this regulation—
  • “investment services” means—the reception and transmission of orders in relation to one or more financial instruments,the execution of orders on behalf of clients,dealing on own account,portfolio management,the provision of investment advice,the underwriting of financial instruments or placing of financial instruments on a firm commitment basis,the placing of financial instruments without a firm commitment basis, orany service in relation to the admission to trading on a regulated market or trading on a multilateral trading facility;
  • “money-market instrument” means an instrument of a kind normally dealt in on the money market, such as treasury bills, certificates of deposit and commercial papers, excluding instruments of payment;
  • “transferable security” means a security, negotiable on the capital market, of any of the following kinds, but excluding instruments of payment—shares in companies and other securities equivalent to shares in companies, partnerships or other entities, and depositary receipts in respect of shares;bonds or other forms of securitised debt, including depositary receipts in respect of such securities;any other securities giving the right to purchase or sell any security of a kind mentioned in paragraph (a) or (b).

Loans and credit arrangements

15B
  • (1) A person (“P”) must not directly or indirectly grant a relevant loan if P knows, or has reasonable cause to suspect, that P is granting a relevant loan.
  • (2) A person must not directly or indirectly enter into any arrangement to grant a relevant loan if the person knows, or has reasonable cause to suspect, that the arrangement relates to a relevant loan.
  • (3) Paragraphs (1) and (2) are subject to Part 6 (Exceptions and licences).
  • (4) A person who contravenes a prohibition in paragraph (1) or (2) commits an offence.
  • (5) In this regulation—
  • category A loan” means a loan or credit which—has a maturity exceeding 90 days,is made or granted to a relevant person, andis first made or granted—after the date on which the Amendment Regulations 2021 come into force, andbefore the Amendment Regulations 2022 come into force;
  • category B loan” means a loan or credit which—is made or granted to a relevant person,is first made or granted after the Amendment Regulations 2022 come into force;
  • category C loan” means a loan or credit which—has a maturity exceeding 30 days,is made or granted—to a person, other than an individual, which is connected with Belarus and which is not—a person which on the date on which the Amendment Regulations 2022 come into force is domiciled in a country other than Belarus,a person which is majority owned by a person falling within paragraph (aa), orto a person, other than an individual, which is majority owned by a person within sub-paragraph (i),is first made or granted after the Amendment Regulations 2022 come into force, andis not a category B loan;
  • relevant loan” means a category A loan, a category B loan or a category C loan.

Insurance and reinsurance services

15C
  • (1) A person (“P”) must not provide insurance or reinsurance services to a person falling within paragraph (2) if P knows, or has reasonable cause to suspect, that P is providing such services to such a person.
  • (2) The following persons fall within this paragraph—
  • (a) Belarus;
  • (b) a Belarusian authority;
  • (c) a person, other than an individual, which is wholly owned by Belarus or a Belarusian authority;
  • (d) a person acting on behalf of or at the direction of a person within sub-paragraphs (a) to (c).
  • (3) Paragraph (1) is subject to Part 6 (Exceptions and licences).
  • (4) A person who contravenes the prohibition in paragraph (1) commits an offence.
  • (5) Nothing in this regulation prohibits compliance with an insurance or reinsurance agreement concluded before the date on which the Amendment Regulations 2021 come into force.
  • (6) For the purposes of this regulation—
  • (a) “insurance and reinsurance services” include the provision of services relating to the extension or renewal of an insurance or reinsurance agreement, except where there is an obligation, which arose before the date on which the Amendment Regulations 2021 come into force, of the insurer or re-insurer to accept the extension or renewal;
  • (b) paragraph (2)(d) does not include any person who is acting under a direction which is given in relation to a ship or aircraft for the purposes of docking, loading or unloading the ship or aircraft or for any purpose in connection with the safe transit of the ship or aircraft through Belarus or the airspace above it.

Interpretation of terms relating to other financial restrictions

15D
  • (1) In this Chapter—
  • “Belarusian authority” means—public bodies and agencies subordinate to the President of Belarus, including the Administration of the President of Belarus and the Committee of State Control;the Council of Ministers of Belarus and each of its members;any Ministry of the Government of Belarus;any public body, agency or state concern subordinate to the Council of Ministers of Belarus;any State Committee of Belarus;the National Bank of Belarus; andany local government body of Belarus, including the Councils of Deputies and Executive Committees;
  • branch” means, in relation to a credit or financial institution, a place of business which forms a legally dependent part of that institution and which carries out all or some of the transactions inherent in the business of that institution;
  • “credit or financial institution” means—a person, other than an individual, which would satisfy the threshold conditions for permission under Part 4A of the Financial Services and Markets Act 2000 if it had its registered office (or if it does not have one, its head office) in the United Kingdom; oran undertaking which by way of business—operates a currency exchange office,transmits money (or any representation of monetary value) by any means, orcashes cheques that are made payable to customers;
  • foreign exchange reserve and asset management” means activities relating to the reserves or assets of the persons mentioned in paragraph (2) of regulation 15CA, such reserves or assets to include the following—money market instruments (including cheques, bills and certificates of deposit),foreign exchange,derivative products (including futures and options),exchange rate and interest rate instruments (including products such as swaps and forward rate agreements),transferable securities,other negotiable instruments and financial assets (including bullion),special drawing rights;
  • “non-UK country” means a country that is not the United Kingdom;
  • “relevant person” means—Belarus;a Belarusian authority;a person, other than an individual, which is not a person within sub-paragraphs (d), (e) or (f) and which is wholly owned by Belarus or a Belarusian authority;a credit or financial institution which is majority owned by Belarus or a Belarusian authority;a person, other than an individual, which is—incorporated or constituted under the law of a non-UK country, andmajority owned by a person within sub-paragraph (d);a person acting on behalf of or at the direction of a person within sub-paragraph (d) or sub-paragraph (e).
  • subsidiary” has the meaning given by section 1159 of the Companies Act 2006;
  • (2) The definition of “Belarusian authority” in paragraph (1) does not apply to any individual in their private capacity, and in that definition none of paragraphs (a) to (g) is to be taken to limit the meaning of any other of those paragraphs.
  • (3) For the purposes of this Chapter, a person (“C”) is “majority owned” by another person (“P”) if P—
  • (a) holds directly or indirectly more than 50% of the shares in C, or
  • (b) holds directly or indirectly more than 50% of the voting rights in C.
  • (4) For the purposes of this Chapter, a person (“C”) is “wholly owned” by another person (“P”) if P—
  • (a) holds directly or indirectly 100% of the shares in C, or
  • (b) holds directly or indirectly 100% of the voting rights in C.
  • (5) Schedule 1 applies for the purpose of interpreting paragraphs (3) and (4).
  • (6) In this Chapter, the definition of “credit or financial institution” is to be read with section 22 of the Financial Services and Markets Act 2000, any relevant order under that section and Schedule 2 to that Act.

CHAPTER 3 — Further Provision

Circumventing etc prohibitions

Definition of “interception and monitoring services”

19A
  • (1) For the purposes of this Part, “interception and monitoring services” means any service that has as its object or effect the interception of a communication in the course of its transmission by means of a telecommunication system.
  • (2) A person intercepts a communication in the course of its transmission by means of a telecommunication system if, and only if—
  • (a) the person does a relevant act in relation to the system, and
  • (b) the effect of the relevant act is to make any content of the communication available, at a relevant time, to a person who is not the sender or intended recipient of the communication.
  • (3) In paragraph (2) a “relevant act”, in relation to a telecommunication system, means—
  • (a) modifying, or interfering with, the system or its operation;
  • (b) monitoring transmissions made by means of the system;
  • (c) monitoring transmissions made by wireless telegraphy to or from apparatus that is part of the system.
  • (4) In paragraph (2), a “relevant time”, in relation to a communication transmitted by means of a telecommunication system, means—
  • (a) any time while the communication is being transmitted, and
  • (b) any time when the communication is stored in or by the system (whether before or after its transmission).
  • (5) For the purpose of paragraph (2), the cases in which any content of a communication is to be taken to be made available to a person at a relevant time include any case in which any of the communication is diverted or recorded at a relevant time so as to make the content of the communication available to a person after that time.
  • (6) In paragraph (3), references to modifying a telecommunication system include references to attaching any apparatus to, or otherwise modifying or interfering with—
  • (a) any part of the system, or
  • (b) any wireless telegraphy apparatus used for making transmissions to or from apparatus that is part of the system.
  • (7) For the purposes of this regulation, the following definitions also apply—
  • “apparatus” includes any equipment, machinery or device (whether physical or logical) and any wire or cable;
  • “communication”, for the purpose of a telecommunication system, includes—anything comprising speech, music, sounds, visual images or data of any description, andsignals serving for the impartation of anything between persons, between a person and a thing or between things, for the actuation or control of any apparatus;
  • “content”, in relation to a communication and a telecommunication system, means any element of the communication, or any data attached to or logically associated with the communication, which reveals anything of what might reasonably be considered to be the meaning (if any) of the communication, but—any meaning arising from the fact of the communication or from any data relating to the transmission of the communication is to be disregarded, andanything which is systems data is not content;
  • “systems data” means any data that enables or facilitates, or identifies or describes anything connected with enabling or facilitating, the functioning of a telecommunication system (including any apparatus forming part of the system);
  • “a telecommunication system” means a system (including the apparatus comprised in it) that exists for the purpose of facilitating the transmission of communications by any means involving the use of electrical or electromagnetic energy;
  • “wireless telegraphy” and “wireless telegraphy apparatus” have the same meaning as in sections 116 and 117 of the Wireless Telegraphy Act 2006.

Interpretation of other expressions used in this Part

Export of restricted goods and tobacco industry goods

Supply and delivery of restricted goods and tobacco industry goods

Making restricted goods , tobacco industry goods and restricted technology available

Provision of interception and monitoring services

24A
  • (1) A person must not directly or indirectly provide interception and monitoring services to, or for the benefit of, the Government of Belarus.
  • (2) Paragraph (1) is subject to Part 6 (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 (“P”) to show that P did not know and had no reasonable cause to suspect that the services were provided to or for the benefit of the Government of Belarus.

Technical assistance relating to restricted goods and restricted technology

Financial services and funds relating to certain arrangements

Brokering services: non-UK activity relating to restricted goods and restricted technology

Interpretation of this Chapter

27A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Export of dual-use goods

27B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supply and delivery of dual-use goods

27C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Making dual-use goods and dual-use technology available

27D

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of dual-use technology

27E

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Technical assistance relating to dual-use goods and dual-use technology

27F

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial services and funds relating to dual-use goods and dual-use technology

27G

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Brokering services: non-UK activity relating to dual-use goods and dual-use technology

27H

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Import of potash and petroleum products

27I
  • (1) The import of goods to which this paragraph applies which originate in Belarus is prohibited.
  • (2) The import of goods to which this paragraph applies which are consigned from Belarus is prohibited.
  • (3) Paragraphs (1) and (2) apply to—
  • (za) aluminium;
  • (a) arms and related materiel;
  • (b) cement;
  • (c) gold and gold jewellery which has been exported from Belarus on or after the relevant day;
  • (d) iron and steel products;
  • (e) mineral products;
  • (f) potash;
  • (g) relevant processed gold;
  • (h) rubber;
  • (i) wood.
  • (4) Paragraphs (1) and (2) are subject to Part 6 (Exceptions and licences).
  • (5) In this regulation , regulation 27J and regulation 27K “arms and related materiel” means—
  • (a) military goods, and
  • (b) any thing which falls within chapter 93 of the Goods Classification Table, other than military goods.
  • (6) For the purposes of the definition of “arms and related materiel”, whether a thing “falls within chapter 93 of the Goods Classification Table” is to be interpreted in accordance with paragraph 1 of Schedule 2B.
  • (7) In this Chapter, “relevant day” means the day on which this paragraph comes into force.

Acquisition of potash and petroleum products

27J
  • (1) A person must not directly or indirectly acquire goods to which this paragraph applies—
  • (a) which originate in Belarus;
  • (b) which are located in Belarus.
  • (2) Paragraph (1) applies to—
  • (za) aluminium.
  • (a) arms and related materiel;
  • (b) cement;
  • (c) gold and gold jewellery which has been exported from Belarus on or after the relevant day;
  • (d) iron and steel products;
  • (e) mineral products;
  • (f) potash;
  • (g) rubber;
  • (h) wood.
  • (3) A person must not directly or indirectly acquire potash , military goods or military technology from a person connected with Belarus.
  • (4) Paragraphs (1) and (3) are subject to Part 6 (Exceptions and licences).
  • (5) A person who contravenes a prohibition in paragraph (1) or (3) 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 goods originated in Belarus;
  • (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 were located in Belarus;
  • (c) it is a defence for a person charged with the offence of contravening paragraph (3) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Belarus.

Supply and delivery of potash and petroleum products

27K
  • (1) A person must not directly or indirectly supply or deliver goods to which this paragraph applies from a place in Belarus to a third country.
  • (2) A person must not directly or indirectly supply or deliver goods to which this paragraph applies from a place in a non-UK country to a place in a different non-UK country where those goods originate in Belarus.
  • (3) Paragraph (1) applies to—
  • (za) aluminium;
  • (a) arms and related materiel;
  • (b) cement;
  • (c) gold and gold jewellery which has been exported from Belarus on or after the relevant day;
  • (d) iron and steel products;
  • (e) mineral products;
  • (f) potash;
  • (g) rubber;
  • (h) wood.
  • (3A) Paragraph (2) applies to—
  • (a) cement;
  • (b) gold and gold jewellery which has been exported from Belarus on or after the relevant day;
  • (c) mineral products;
  • (d) potash;
  • (e) rubber;
  • (f) wood.
  • (4) Paragraphs (1) and (2) are subject to Part 6 (Exceptions and licences).
  • (5) A person who contravenes a prohibition in paragraph (1) or (2) commits an offence, but—
  • (a) 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 supply or delivery was from a place in Belarus, whether directly or indirectly;
  • (b) it is a defence for a person charged with the offence of contravening paragraph (2) to show that the person did not know and had no reasonable cause to suspect that the goods originated in Belarus.
  • (6) In this regulation—
  • “non-UK country” means a country that is not the United Kingdom or the Isle of Man;
  • “third country” means a country that is not the United Kingdom, the Isle of Man or Belarus.

Technical assistance relating to petroleum products

27L
  • (1) A person must not directly or indirectly provide technical assistance relating to—
  • (a) the import of cement, gold and gold jewellery which has been exported from Belarus on or after the relevant day, iron and steel products, mineral products, potash, relevant processed gold, rubber , wood or aluminium which—
  • (i) originate in Belarus, or
  • (ii) are consigned from Belarus;
  • (b) the direct or indirect acquisition of cement, gold and gold jewellery which has been exported from Belarus on or after the relevant day, iron and steel products, mineral products, potash, relevant processed gold, rubber , wood or aluminium —
  • (i) originating in Belarus, or
  • (ii) located in Belarus;
  • (c) the direct or indirect supply or delivery of cement, gold and gold jewellery which has been exported from Belarus on or after the relevant day, iron and steel products, mineral products, potash, relevant processed gold, rubber , wood or aluminium from a place in Belarus to a third country;
  • (d) the direct or indirect supply or delivery of cement, gold and gold jewellery which has been exported from Belarus on or after the relevant day, mineral products, potash, relevant processed gold, rubber, wood or aluminium from a place in a non-UK country to a place in a different non-UK country where the cement, gold and gold jewellery which has been exported from Belarus on or after the relevant day, mineral products, potash, relevant processed gold, rubber, wood or aluminium, originate in Belarus.
  • (2) Paragraph (1) is subject to Part 6 (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 an offence of contravening paragraph 1(a), 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;
  • (b) it is a defence for a person charged with an offence of contravening paragraph 1(b), to show that the person did not know and had no reasonable cause to suspect that the technical assistance related to an acquisition described in that paragraph;
  • (c) it is a defence for a person charged with an offence of contravening paragraph 1(c) or (d), to show that the person did not know and had no reasonable cause to suspect that the technical assistance related to a supply or delivery described in paragraph (c) or (d), as applicable.
  • (4) In this regulation—
  • “non-UK country” means a country that is not the United Kingdom or the Isle of Man;
  • “third country” means a country that is not the United Kingdom, the Isle of Man or Belarus.

Financial services, funds and brokering services relating to certain arrangements

27M
  • (1) 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 import of cement, gold and gold jewellery which has been exported from Belarus on or after the relevant day, iron and steel products, mineral products, potash, relevant processed gold, rubber , wood or aluminium which—
  • (i) originate in Belarus, or
  • (ii) are consigned from Belarus;
  • (b) the direct or indirect acquisition of cement, gold and gold jewellery which has been exported from Belarus on or after the relevant day, iron and steel products, mineral products, potash, relevant processed gold, rubber , wood or aluminium —
  • (i) originating in Belarus, or
  • (ii) located in Belarus;
  • (c) the direct or indirect supply or delivery of cement, gold and gold jewellery which has been exported from Belarus on or after the relevant day, iron and steel products, mineral products, potash, relevant processed gold, rubber , wood or aluminium from a place in Belarus to a third country;
  • (d) the direct or indirect supply or delivery of cement, gold and gold jewellery which has been exported from Belarus on or after the relevant day, mineral products, potash, relevant processed gold, rubber, wood or aluminium from a place in a non-UK country to a place in a different non-UK country where the cement, gold and gold jewellery which has been exported from Belarus on or after the relevant day, mineral products, potash, relevant processed gold, rubber, wood or aluminium originate in Belarus.
  • (2) A person must not directly or indirectly provide brokering services in relation to any arrangements described in paragraph (1).
  • (3) Paragraphs (1) and (2) are subject to Part 6 (Exceptions and licences).
  • (4) 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 financial services or funds (as the case may be) were provided in pursuance of or in connection with an arrangement mentioned in that paragraph.
  • (5) A person who contravenes a prohibition in paragraph (2) 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.
  • (6) In this regulation—
  • “non-UK country” means a country that is not the United Kingdom or the Isle of Man;
  • “third country” means a country that is not the United Kingdom, the Isle of Man or Belarus.

CHAPTER 2C — Other trade prohibitions

Technical assistance relating to aircraft and ships

27N
  • (1) A person must not directly or indirectly provide technical assistance to, or for the benefit of, any designated person, where the assistance relates to an aircraft or a ship.
  • (2) Paragraph (1) does not apply to any technical assistance which is prohibited under regulation 25 (technical assistance relating to certain goods and technology).
  • (3) Paragraph (1) is subject to Part 6 (Exceptions and licences).
  • (4) A person who contravenes the prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with that offence (“P”) to show that P did not know and had no reasonable cause to suspect that the technical assistance was provided to or for the benefit of a designated person.
  • (5) In this regulation—
  • aircraft” includes unmanned aircraft and aircraft capable of spaceflight activities;
  • designated person” means a person designated under regulation 5 (power to designate persons) for the purposes of this regulation;
  • ship” includes every description of vessel (including a hovercraft) used in navigation;
  • spaceflight activities” has the meaning given in section 1(6) of the Space Industry Act 2018.

PART5A — Aircraft

Movement of aircraft

29A
  • (A1) A Belarusian aircraft must not—
  • (a) overfly the United Kingdom, or
  • (b) land in the United Kingdom.
  • (A2) Paragraph (A1) is subject to Part 6 (Exceptions and licences).
  • (1) The Secretary of State may direct the CAA to—
  • (a) refuse permission under article 250 of the ANO in respect of Belarusian aircraft;
  • (b) refuse permission under article 252 of the ANO in respect of Belarusian aircraft;
  • (c) suspend or revoke any permission granted under article 250 of the ANO in respect of Belarusian aircraft;
  • (d) suspend or revoke any permission granted under article 252 of the ANO in respect of Belarusian aircraft.
  • (2) Air traffic control may direct the operator or pilot in command of a Belarusian aircraft—
  • (a) not to enter the airspace over the United Kingdom;
  • (b) to leave the airspace over the United Kingdom by a specified route.
  • (3) The Secretary of State may direct air traffic control to give directions under paragraph (2).
  • (4) An airport operator may direct the operator or pilot in command of a Belarusian aircraft—
  • (a) not to take off, or not to permit the aircraft to take off, from an airport the operator manages,
  • (b) to take off, or to require the aircraft to take off, from an airport the operator manages, or
  • (c) not to land, or not to permit the aircraft to land, at an airport the operator manages.
  • (5) The Secretary of State may direct an airport operator to—
  • (a) give a direction under paragraph (4),
  • (b) secure the detention of a Belarusian aircraft at an airport, or
  • (c) secure the movement of a Belarusian aircraft to an airport specified in the direction.
  • (6) An airport operator giving a direction under paragraph (4)(a) must take such steps as are reasonably practicable to detain the aircraft.
  • (7) In this regulation “Belarusian aircraft” means an aircraft—
  • (a) owned, chartered or operated by—
  • (i) a designated person, or
  • (ii) a person connected with Belarus, or
  • (b) registered in Belarus.
  • (8) In paragraph (7), a “designated person” means a person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation.

Directions under regulation 29A

29B
  • (1) Paragraphs (3) to (5) apply in relation to a direction given under regulation 29A (movement of aircraft).
  • (2) A direction under regulation 29A(5) may be given to any airport operator or to airport operators generally.
  • (3) A person to whom a direction is given has a duty to comply with it.
  • (4) A direction may be of indefinite duration or a defined duration.
  • (5) A person who gives a direction may vary, revoke or suspend it at any time.
  • (6) Any directions made by the Secretary of State under regulation 29A may make different provision for different purposes.
  • (7) Any directions in regulation 29A(1) to (5) are subject to the exceptions in regulation 31H (aircraft: exceptions relating to safety of persons or aircraft).

Directions under regulation 29A: supplementary

29C
  • (1) Where a direction is given under regulation 29A(1)(c) or (d)—
  • (a) to the extent that the direction conflicts with the requirements of article 255 of the ANO (revocation etc. of permissions), those requirements are to be disregarded, and
  • (b) article 255(4) of the ANO does not apply in relation to the suspension or revocation which is the subject of the direction.
  • (2) Where a direction is given under regulation 29A which conflicts with a permission under article 250 of the ANO, the permission is to be disregarded.
  • (3) In so far as a direction under regulation 29A conflicts with the requirements of section 93 of the Transport Act 2000 or of an order under section 94 of that Act, the direction is to be disregarded.
  • (4) In so far as a direction under regulation 29A conflicts with the requirements of an enactment other than section 93 of the Transport Act 2000 or an order under section 94 of that Act, the requirements are to be disregarded.
  • (5) The Secretary of State may notify a person that the existence, any part of the content of a direction under regulation 29A, or anything done under the direction, is to be treated as confidential.
  • (6) A person must not disclose any information which the Secretary of State has notified that person under paragraph (5) is to be treated as confidential.

Offences

29D
  • (A1) If a prohibition in regulation 29A(A1) (movement of aircraft) is contravened by the flight or landing of a Belarusian aircraft, the operator and pilot in command of the aircraft commit an offence.
  • (1) It is an offence for an airport operator to fail, without reasonable excuse, to comply with a direction given by the Secretary of State under regulation 29A(5) (directions to airport operators).
  • (2) It is an offence for a person to whom a direction is given under regulation 29A(4) (direction by airport operator to operator or pilot of aircraft) to fail to comply with the direction.
  • (3) It is an offence for a person to whom a direction is given under regulation 29A(2) (direction by air traffic control to operator or pilot of Belarusian aircraft) to fail to comply with the direction.
  • (4) A person who contravenes the prohibition in regulation 29C(6) (disclosure of confidential information) commits an offence.
  • (5) In paragraph (A1), “Belarusian aircraft” has the same meaning as in regulation 29A.

Interpretation of Part 5A

29E
  • (1) In this Part—
  • “air traffic control” means a person who holds a licence under Chapter 1 of Part 1 of the Transport Act 2000 (air traffic services);
  • “the ANO” means the Air Navigation Order 2016;
  • “beneficial interest” means any beneficial interest, however arising (whether held by trustee or nominee or arising under a contract or otherwise), other than an interest held by any person as mortgagee;
  • ...
  • “specified” means specified in a direction under regulation 29A.
  • (2) For the purposes of this Part, an aircraft is “owned” by a person if—
  • (a) the legal title to the aircraft, or to any share in the aircraft, is vested in the person, or
  • (b) the person has a beneficial interest in the aircraft or in any share in the aircraft,

and the reference to a legal title or other interest includes one held jointly with any other person or persons.

  • (3) Any expression used in this Part and in section 6 of the Act (aircraft sanctions) has the same meaning in this Part as it has in that section.

Exceptions relating to loans and credit arrangements

31A
  • (1) The prohibitions in regulation 15B (loans and credit arrangements) are not contravened by the grant of—
  • (a) a relevant loan that has a specific and documented objective of making emergency funds available to meet applicable solvency or liquidity criteria for a relevant subsidiary;
  • (b) a relevant loan consisting of a drawdown or disbursement made under an arrangement entered into before—
  • (i) in the case of a category A loan, the date on which the Amendment Regulations 2021 came into force;
  • (ii) in the case of a category B loan or a category C loan, the date on which the Amendment Regulations 2022 came into force,

where the conditions in paragraph (2) are met.

  • (2) The conditions referred to in paragraph (1)(c) are that—
  • (a) all the terms and conditions of such drawdowns or disbursements—
  • (i) were agreed before—
  • (aa) in the case of a category A loan, the date on which the Amendment Regulations 2021 came into force, or
  • (bb) in the case of a category B loan or a category C loan, the date on which the Amendment Regulations 2022 came into force;
  • (ii) have not been modified on or after that date; and
  • (b) a contractual maturity date has been fixed for the repayment in full of all funds made available and for the cancellation of all the rights and obligations under the arrangement.
  • (3) In this regulation—
  • (a) “category A loan”, “category B loan” , “category C loan” and “relevant loan” have the meanings given to them in regulation 15B;
  • (b) “relevant subsidiary” means a person, other than an individual, which is—
  • (i) incorporated or constituted under the law of any part of the United Kingdom, and
  • (ii) majority owned (within the meaning of regulation 15D(3)) by a person, other than an individual, that is connected with Belarus.

Exceptions relating to insurance and reinsurance services

31B
  • (1) The prohibition in regulation 15C (insurance and reinsurance services) is not contravened by—
  • (a) the provision of compulsory or third party insurance to an individual who is a national of Belarus, or to a body incorporated or constituted under the law of Belarus which is, located in the United Kingdom;
  • (b) the provision of insurance for a diplomatic mission or consular post of Belarus in the United Kingdom.
  • (2) The prohibition in regulation 15C, insofar as it prohibits the provision of insurance or reinsurance services to persons falling within paragraph (2)(d) of that regulation, is not contravened by the provision of insurance or reinsurance services to an individual falling within that paragraph, provided that the insurance or reinsurance is for that individual’s personal use.

Trade: exceptions from prohibitions

31C
  • (1) The prohibition in regulation 27J(1) (acquisition of goods connected to Belarus) is not contravened by the purchase in Belarus of mineral products—
  • (a) by an individual on a retail basis, for that individual’s personal use, or
  • (b) solely for the purposes of the performance of any humanitarian assistance activity in Belarus.
  • (2) The prohibitions in regulations 27I (import of goods originating in, or consigned from, Belarus) and 27K (supply and delivery of goods to places outside the UK) are not contravened by the import or supply or delivery of mineral products which have been purchased as described in paragraph (1).
  • (3) The prohibitions in regulations 27L (technical assistance relating to certain activities) and 27M (financial services, funds and brokering services relating to certain arrangements) are not contravened by the provision of—
  • (a) any technical assistance relating to a purchase specified in paragraph (1);
  • (b) any financial service or funds in pursuance of or in connection with an arrangement whose object or effect is a purchase specified in paragraph (1);
  • (c) any brokering service in relation to any arrangement whose object or effect is a purchase specified in paragraph (1).
  • (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Treasury licences

Trade licences

Licences: general provisions

Finance: licensing offences

Trade: licensing offences

Section 8B(1) to (3) of Immigration Act 1971: directions

SCHEDULE 2A — Interception 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

5

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

ABBREVIATION/ ACRONYM MEANING ADDITIONAL INFORMATION
IMSI International Mobile Subscriber Identity This 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.
MSISDN Mobile Subscriber Integrated Services Digital Network Number This 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.
IMEI International Mobile Equipment Identity This 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.
TMSI Temporary Mobile Subscriber Identity
SMS Short Message System
GSM Global System for Mobile Communications
GPS Global Positioning System
GPRS General Packet Radio Service
UMTS Universal Mobile Telecommunications System
CDMA Code Division Multiple Access
PSTN Public Switch Telephone Networks
DHCP Dynamic Host Configuration Protocol
SMTP Simple Mail Transfer Protocol
GTP GPRS Tunnelling Protocol
WEP Wired Equivalent Privacy
WPA Wi-Fi Protected Access
VoIP Voice over Internet Protocol
WCDMA Wideband Code Division Multiple Access
IDEN Integrated Digital Enhanced Network

SCHEDULE 2B — Iron and steel products, aluminium, potash, mineral 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, including by any document published under regulations made under section 8(1) of the Taxation (Cross-border Trade) Act 2018 replacing the same in whole or in part.
2

For the purposes of Part 5—

  • aluminium” means any thing which falls within commodity code 76;
  • “potash” means any thing which falls within any of the following commodity codes—31042010; 3104 20 50; 31042090;31052010;31052090;31056000;ex 31059020 or ex 31059080, provided in each case that it is a fertiliser containing potassium chloride;
  • iron and steel products” means any thing falling within the following commodity codes—72;73.
  • mineral products” means any thing falling within the following commodity codes—2710;2711;2712;2713;2715;2707.
  • ...
  • “tobacco industry goods” means anything which falls within any of the following commodity codes—ex 48239085, provided that it is a filter;4813;ex 330290, provided that it is a flavour for tobacco;8478.

PART 1 — Asset-freeze etc.

Interpretation

Basic needs

Maintenance of frozen funds and economic resources

Extraordinary expenses

Pre-existing judicial decisions etc

Diplomatic missions

Extraordinary situation

Prior obligations

Humanitarian assistance activity

10

To enable anything to be done in connection with the performance of any humanitarian assistance activity.

PART2 — Loans and credit

Humanitarian assistance activity

11

To enable anything to be done in connection with the performance of any humanitarian assistance activity.

Nuclear safety

12

To enable anything to be done for the purposes of nuclear safety.

Extraordinary situation

13

To enable anything to be done to deal with an extraordinary situation.

Diplomatic missions in the United Kingdom

14
  • (1) To enable anything to be done in order that the functions of a diplomatic mission or consular post in Belarus or of an international organisation enjoying immunities in accordance with international law may be carried out.
  • (2) To enable anything to be done in order that the functions of a diplomatic mission or consular post of Belarus in the United Kingdom may be carried out.

PART3 — Insurance and reinsurance

Humanitarian assistance activity

15

To enable anything to be done in connection with the performance of any humanitarian assistance activity.

Nuclear safety

16

To enable anything to be done for the purposes of nuclear safety.

Extraordinary situation

17

To enable anything to be done to deal with an extraordinary situation.

Conditions for the designation of persons by name

5A
  • (1) The Secretary of State may choose whether to designate a person under regulation 5(1) (power to designate persons by name) in accordance with—
  • (a) the standard procedure, or
  • (b) the urgent procedure.
  • (2) Paragraph (3) applies where the Secretary of State chooses to designate a person mentioned in regulation 5(1) under the standard procedure.
  • (3) The Secretary of State may not provide that a person is a designated person under regulation 5(1) except where condition A is met.
  • (4) Condition A is that the Secretary of State has reasonable grounds to suspect that that person is an involved person.
  • (5) Paragraphs (6) to (8) apply where the Secretary of State chooses to designate a person mentioned in regulation 5(1) under the urgent procedure.
  • (6) The Secretary of State may designate a person mentioned in regulation 5(1) where condition A is not met, but conditions B and C are met.
  • (7) The person ceases to be a designated person at the end of the period of 56 days beginning with the day following the day on which the person became a designated person unless, within that period, the Secretary of State certifies that—
  • (a) condition A is met, or
  • (b) conditions B and C continue to be met.
  • (8) Where the Secretary of State makes a certification under paragraph (7)(b), the designation ceases to have effect at the end of the period of 56 days beginning with the day immediately following the period mentioned in paragraph (7), unless within that period the Secretary of State certifies that condition A is met.
  • (9) Condition B is that relevant provision (whenever made) applies to, or in relation to, the person under the law of—
  • (a) the United States of America;
  • (b) the European Union;
  • (c) Australia;
  • (d) Canada.
  • (10) Condition C is that the Secretary of State considers that it is in the public interest to make designations under the urgent procedure.
  • (11) For the purposes of Condition B, “relevant provision” is provision that the Secretary of State considers—
  • (a) corresponds, or is similar, to the type of sanction or sanctions in these Regulations, or
  • (b) is made for purposes corresponding, or similar, to any purpose of any type of sanction or sanctions in these Regulations.
  • (12) In this regulation, “involved person” has the meaning given in regulation 6(2) (meaning of involved person).

Conditions for the designation of persons by description

5B
  • (1) The Secretary of State may choose whether persons mentioned in regulation 5(1A) (power to designate persons by description) are designated persons under—
  • (a) the standard procedure, or
  • (b) the urgent procedure.
  • (2) Paragraph (3) applies where the Secretary of State chooses that persons mentioned in regulation 5(1A) are designated persons under the standard procedure.
  • (3) The Secretary of State may not provide that persons of a specified description are designated persons under regulation 5(1A) except where conditions A and C are met.
  • (4) Paragraphs (5) to (7) apply where the Secretary of State chooses that persons mentioned in regulation 5(1A) are designated persons under the urgent procedure.
  • (5) The Secretary of State may provide that persons of a specified description are designated persons where condition C is not met, but conditions A, D and E are met.
  • (6) The persons of the specified description cease to be designated persons at the end of the period of 56 days beginning with the day following the day on which the persons became designated persons unless, within that period, the Secretary of State certifies that—
  • (a) conditions A and C are met, or
  • (b) conditions A, D and E continue to be met.
  • (7) Where the Secretary of State makes a certification under paragraph (6)(b), the designation ceases to have effect at the end of the period of 56 days beginning with the day immediately following the period mentioned in paragraph (6), unless within that period the Secretary of State certifies that conditions A and C are met.
  • (8) Condition A is that the description of persons specified is such that a reasonable person would know whether that person fell within it.
  • (9) Condition C is that the Secretary of State has reasonable grounds to suspect—
  • (a) Fin a case where the specified description is members of a particular organisation, that the organisation is an involved person, or
  • (b) in the case of any other specified description, that any person falling within that description would necessarily be an involved person.
  • (10) Condition D is that the description of persons specified is of persons (or some persons) to which, or in relation to which, relevant provision (whenever made) applies under the law of—
  • (a) the United States of America;
  • (b) the European Union;
  • (c) Australia;
  • (d) Canada.
  • (11) Condition E is that the Secretary of State considers that it is in the public interest to provide that persons of a specified description are designated persons under the urgent procedure.
  • (12) For the purposes of Condition D, “relevant provision” is provision that the Secretary of State considers—
  • (a) corresponds, or is similar, to the type of sanction or sanctions in these Regulations, or
  • (b) is made for purposes corresponding, or similar, to any purpose of any type of sanction or sanctions in these Regulations.
  • (13) In this regulation—
  • involved person” has the meaning given in regulation 6(2) (meaning of “involved person”);
  • organisation” includes any body, association or combination of persons.

Designation criteria: meaning of “involved person

Meaning of “owned or controlled directly or indirectly”

Notification and publicity where power to designate by name used

Confidential information in certain cases where designation power used

Notification and publicity where power to designate by description is used

9A
  • (1) Paragraph (2) applies where the Secretary of State—
  • (a) has provided that persons of a specified description are designated persons under regulation 5(1A) (power to designate persons by description), or
  • (b) has by virtue of section 22 of the Act varied or revoked a designation made under that paragraph of that regulation.
  • (2) The Secretary of State—
  • (a) must without delay take such steps as are reasonably practicable to inform persons of the specified description of the designation, variation or revocation, and
  • (b) must take steps to publicise the designation, variation or revocation.
  • (3) The information given under paragraph (2)(a)—
  • (a) where the Secretary of State provides that persons of a specified description are designated persons under the standard procedure, must include a statement of reasons, or
  • (b) where the Secretary of State provides that persons of a specified description are designated persons under the urgent procedure, must include a statement—
  • (i) that the provision is made under the urgent procedure,
  • (ii) identifying the relevant provision by reference to which the Secretary of State considers that condition D is met in relation to persons of the specified description, and
  • (iii) setting out why the Secretary of State considers that condition E is met.
  • (4) Where the Secretary of State provides that persons of a specified description are designated persons under the urgent procedure, the Secretary of State must, after the end of the period mentioned in paragraph (6) of regulation 5B (conditions for the designation of persons by description), or if the Secretary of State has made a certification under paragraph (6)(b) of that regulation, the period mentioned in paragraph (7) of that regulation, but otherwise without delay—
  • (a) in a case where the persons cease to be designated persons, take such steps as are reasonably practicable to inform persons of the specified description that they have ceased to be designated persons, or
  • (b) in any other case, take such steps as are reasonably practicable to give each person of the specified description a statement of reasons.
  • (5) In this regulation, a “statement of reasons”, in relation to a provision designating persons of a specified description, means a brief statement of the matters that the Secretary of State knows, or has reasonable grounds to suspect, in relation to persons of the specified description—
  • (a) in the case of a designation under the standard procedure, which have led the Secretary of State to make the provision designating persons of that description, and
  • (b) in the case of a designation under the urgent procedure, as a result of which the persons do not cease to be designated persons at the end of the period mentioned in regulation 5B(6) or (7) (as the case may be).
  • (6) Matters that would otherwise be required by paragraph (5) to be included in a statement of reasons may be excluded from it where the Secretary of State considers that they should be excluded—
  • (a) in the interests of national security or international relations,
  • (b) for reasons connected with the prevention or detection of serious crime in the United Kingdom or elsewhere, or
  • (c) in the interests of justice.
  • (7) The steps taken under paragraph (2)(b) must be steps to publicise generally—
  • (a) the designation, variation or revocation, and
  • (b) in the case of—
  • (i) a designation under the standard procedure, the statement of reasons relating to it, or
  • (ii) a designation under the urgent procedure, the contents of the statement required under paragraph (3)(b) relating to it.

Provision of financial services relating to foreign exchange reserve and asset management

15CA
  • (1) A person (“P”) must not provide financial services to a person mentioned in paragraph (2) where—
  • (a) the financial services are for the purpose of foreign exchange reserve and asset management; and
  • (b) P knows, or has reasonable cause to suspect, that the financial services are provided to such a person.
  • (2) The persons mentioned in this paragraph are—
  • (a) the National Bank of Belarus,
  • (b) the Ministry of Finance of Belarus,
  • (c) a person owned or controlled directly or indirectly (within the meaning of regulation 7) by a person mentioned in sub-paragraphs (a) or (b), or
  • (d) a person acting on behalf of or at the direction of a person mentioned in sub-paragraphs (a) or (b).
  • (3) Paragraph (1) is subject to Part 6 (Exceptions and licences).
  • (4) A person who contravenes the prohibition in paragraph (1) commits an offence.

Interpretation of terms relating to other financial restrictions

Definitions of “interception and monitoring goods” and “interception and monitoring technology”

Export of goods to, or for use in, Belarus

Supply and delivery of goods from a third country to Belarus

Making available goods and technology to a person connected with, or for use in, Belarus

Transfer of technology to a place in, or person connected with, Belarus

Technical assistance relating to certain goods and technology

Brokering services: certain arrangements relating to non-UK activities

Import of goods originating in, or consigned from, Belarus

Acquisition of goods connected to Belarus

Supply and delivery of goods to places outside the UK

Technical assistance relating to certain activities

Enabling or facilitating military activities

27O
  • (1) A person must not directly or indirectly provide—
  • (a) technical assistance,
  • (b) armed personnel,
  • (c) financial services or funds, or
  • (d) brokering services in relation to an arrangement whose object or effect is to provide, in a non-UK country, anything mentioned in sub-paragraphs (a) to (c),

where such provision enables or facilitates the conduct of military activities carried on or proposed to be carried on by the Belarusian military or any other military end-user who is a person connected with Belarus.

  • (2) Paragraph (1) is subject to Part 6 (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 provision as mentioned in paragraph (1) would enable or facilitate the conduct of military activities carried on or proposed to be carried on by the Belarusian military or any other military end-user who is a person connected with Belarus.
  • (4) In this regulation—
  • non-UK country” means a country that is not the United Kingdom;
  • technical assistance” means the provision of technical support or any other technical service.
  • (5) Nothing in this regulation is to be taken to limit the meaning of any of the prohibitions contained in this Part.

Registration of an aircraft in the United Kingdom

29CA
  • (1) The CAA must refuse to register an aircraft if, on the basis of the information given to the CAA by the applicant, the Secretary of State or a third person, the aircraft appears to be a relevant aircraft.
  • (2) The Secretary of State may direct the CAA to terminate the registration of a relevant aircraft.
  • (3) In so far as a direction under paragraph (2) conflicts with the provisions of Part 3 (Registration and marking) of the ANO, those provisions are to be disregarded.
  • (4) For the purposes of this regulation “relevant aircraft” means—
  • (a) an aircraft owned or operated by a designated person, or
  • (b) an aircraft chartered by demise by a designated person.
  • (5) Any reference in this regulation to registering an aircraft is a reference to registering an aircraft in the register kept by the CAA.
  • (6) In this regulation, a “designated person” means a person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation.

Offences

Interpretation of Part 5A

PART5B — Ships

Prohibition on port entry

29F
  • (1) A person must not provide a ship to which this paragraph applies with access to a port in the United Kingdom, if the person knows, or has reasonable cause to suspect, that the ship is a ship to which this paragraph applies.
  • (2) The master or pilot of a ship to which this paragraph applies must not cause or permit the ship to enter a port in the United Kingdom if the master or pilot knows, or has reasonable cause to suspect, that the ship is a ship to which this paragraph applies.
  • (3) Paragraphs (1) and (2) are subject to Part 6 (Exceptions and licences).
  • (4) A person who contravenes a prohibition in paragraph (1) or (2) commits an offence.
  • (5) Paragraphs (1) and (2) apply to—
  • (a) a ship owned, controlled, chartered or operated by a designated person,
  • (b) a ship owned, controlled, chartered or operated by a person connected with Belarus,
  • (c) a ship flying the flag of Belarus,
  • (d) a ship registered in Belarus, or
  • (e) a specified ship.
  • (6) In paragraph (5), a “designated person” means a person who is designated under regulation 5 for the purposes of this regulation.

Directions prohibiting port entry

29G
  • (1) A port barring direction may be given to the master or pilot of a specified ship.
  • (2) A port barring direction may be given by—
  • (a) the Secretary of State, or
  • (b) a harbour authority.
  • (3) The Secretary of State may direct a harbour authority to take such steps as are reasonably practicable to secure that a ship mentioned in a port barring direction does not enter a port or ports specified in the direction, or any port in the United Kingdom.
  • (4) It is an offence for a person to whom a direction is given under this regulation to fail to comply with the direction.
  • (5) The Secretary of State may notify a person that the existence of a port barring direction, any part of the content of the direction, or anything done under the direction, is to be treated as confidential.
  • (6) It is an offence for a person to disclose information if the Secretary of State has notified that person under paragraph (5) that the information is to be treated as confidential.
  • (7) In this regulation, a “port barring direction” means a direction prohibiting a ship from entering a port or ports specified in the direction, or any port in the United Kingdom.

Movement of ships

29H
  • (1) A port entry direction or a movement direction may be given by the Secretary of State to the master or pilot of—
  • (a) a ship owned, controlled, chartered or operated by a designated person,
  • (b) a ship owned, controlled, chartered or operated by a person connected with Belarus,
  • (c) a ship registered in Belarus,
  • (d) a ship flying the flag of Belarus, or
  • (e) a specified ship.
  • (2) The Secretary of State may direct a harbour authority to take such steps as are reasonably practicable to secure that a ship mentioned in paragraph (1)—
  • (a) proceeds to or enters a port specified in the direction,
  • (b) leaves a port specified in the direction,
  • (c) proceeds to a place specified in the direction, or
  • (d) remains where it is.
  • (3) It is an offence for a person to whom a direction is given under this regulation to fail to comply with the direction.
  • (4) The Secretary of State may notify a person that the existence of a port entry direction or a movement direction, any part of the content of the direction, or anything done under the direction, is to be treated as confidential.
  • (5) It is an offence for a person to disclose information if the Secretary of State has notified that person under paragraph (4) that the information is to be treated as confidential.
  • (6) In this regulation—
  • designated person” means a person who is designated under regulation 5 for the purposes of this regulation;
  • movement direction” means a direction requiring a ship—to leave a port specified in the direction,to proceed to a place specified in the direction, orto remain where it is;
  • port entry direction” means a direction requiring a ship to proceed to or enter a port specified in the direction.

Detention of ships

29I
  • (1) A detention direction may be given to the master of a ship referred to in paragraph (3) by—
  • (a) the Secretary of State, or
  • (b) a harbour authority.
  • (2) A detention direction under paragraph (1)(b) may only be given by a harbour authority to the master of a specified ship if it has received a direction from the Secretary of State in accordance with paragraph (3)(d).
  • (3) The Secretary of State may direct a harbour authority to give a detention direction to the master of—
  • (a) a ship owned, controlled, chartered or operated by a designated person,
  • (b) a ship owned, controlled, chartered or operated by a person connected with Belarus,
  • (c) a ship registered in Belarus,
  • (d) a ship flying the flag of Belarus, or
  • (e) a specified ship.
  • (4) A “detention direction” means a direction requiring the detention of a ship at a port or anchorage in the United Kingdom.
  • (5) A detention direction given in relation to a ship—
  • (a) must be in writing,
  • (b) must be delivered to the master of the ship by the person who detains the ship,
  • (c) must state the grounds on which the ship is detained, and
  • (d) must state that—
  • (i) it is given under this regulation, and
  • (ii) any requirements imposed by the direction must be complied with.
  • (6) Paragraph (7) applies if—
  • (a) the ship is not a British ship, and
  • (b) there is in the United Kingdom a consular officer for the country to which the ship belongs.
  • (7) A copy of the detention direction must be sent as soon as practicable to the nearest consular officer for the country to which the ship belongs.
  • (8) Section 284(1), (2), (2A), (2B), (3) and (8) of the Merchant Shipping Act 1995 (enforcement of detention of ship) applies in the case of detention under a detention direction as it applies in the case of detention authorised or ordered by that Act, but as if—
  • (a) any reference in that section to a notice of detention were to the detention direction, and
  • (b) the reference in subsection (2A) of that section to a direction given under subsection (1A)(a) of that section were to any requirement imposed by the detention direction.
  • (9) In this regulation, “consular officer”, in relation to a foreign country, means the officer recognised by Her Majesty as a consular officer of that foreign country.
  • (10) In this regulation, a “designated person” means a person who is designated under regulation 5 for the purposes of this regulation.

Registration of ships in the United Kingdom

29J
  • (1) The Registrar must refuse to register a ship if, on the basis of the information given to the Registrar by the Secretary of State or accompanying the application for registration, the ship appears to the Registrar to be owned, controlled, chartered or operated by—
  • (a) a designated person; or
  • (b) a person connected with Belarus.
  • (2) The Secretary of State may direct the Registrar to terminate the registration of—
  • (a) a ship that is owned, controlled, chartered or operated by;
  • (i) a designated person;
  • (ii) a person connected with Belarus; or
  • (b) a specified ship.
  • (3) For the purposes of this regulation—
  • (a) any reference to registering a ship is to registering the ship in the register of British ships maintained by the Registrar;
  • (b) “designated person” means a person who is designated under regulation 5 for the purposes of this regulation;
  • (c) a ship is “chartered” by a person if it is chartered on bareboat charter terms within the meaning given by section 17(11) of the Merchant Shipping Act 1995.

Specification of ships

29K
  • (1) The Secretary of State may specify ships within the meaning of section 7 of the Act for the purposes of—
  • (a) regulation 29F (prohibition on port entry),
  • (b) regulation 29G (directions prohibiting port entry),
  • (c) regulation 29H (movement of ships),
  • (d) regulation 29I (detention of ships), and
  • (e) regulation 29J (registration of ships in the United Kingdom).
  • (2) The Secretary of State must specify a ship by its International Maritime Organization number or, where it is not reasonably practicable to identify it by that number, by any other means that the Secretary of State considers appropriate.
  • (3) The Secretary of State may not specify a ship unless the Secretary of State has reasonable grounds to suspect that the ship is, has been, or is likely to be, involved in a relevant activity..
  • (4) For the purposes of this regulation a ship is “involved in a relevant activity” if the ship is used for any activity whose object or effect is to contravene or circumvent, or to enable or facilitate the contravention or circumvention of, any provision of Part 3 (Finance), Part 5 (Trade), Part 5A (Aircraft) or Part 5B (Ships).

Notification and publicity where specification power used

29L
  • (1) Paragraph (2) applies where the Secretary of State—
  • (a) has specified a ship under regulation 29K(1) (specification of ships), or
  • (b) has by virtue of section 26 of the Act revoked a specification made under that regulation.
  • (2) The Secretary of State—
  • (a) must without delay take such steps as are reasonably practicable to inform such persons as the Secretary of State considers appropriate of the specification or revocation, and
  • (b) except where one or more of the restricted publicity conditions is met, must take steps to publicise the specification or revocation generally.
  • (3) The “restricted publicity conditions” are that the Secretary of State considers that disclosure of the specification or revocation should be restricted—
  • (a) in the interests of national security or international relations,
  • (b) for reasons connected with the prevention or detection of serious crime in the United Kingdom or elsewhere, or
  • (c) in the interests of justice.
  • (4) Paragraph (5) applies if—
  • (a) when a specification is made one or more of the restricted publicity conditions is met, but
  • (b) at any time when the specification has effect, it becomes the case that none of the restricted publicity conditions is met.
  • (5) The Secretary of State must take steps to publicise the specification generally.

Directions under this Part: general

29M
  • (1) Paragraphs (2) to (4) apply in relation to a direction given under this Part.
  • (2) A person to whom a direction is given has a duty to comply with it.
  • (3) A direction may be of indefinite duration or a defined duration.
  • (4) A person who gives a direction may vary, revoke or suspend it at any time.
  • (5) A direction under regulation 29H(2) (movement of ships) may be given to any harbour authority or to harbour authorities generally.

Interpretation of Part 5B

29N
  • (1) For the purposes of regulations 29F to 29L, a ship is—
  • (a) “owned” by a person if—
  • (i) the legal title to the ship, or to any share in the ship, is vested in the person, or
  • (ii) the person has a beneficial interest in the ship or in any share in the ship; and
  • (b) “controlled” by a person who is able to take decisions about its operation, including (but not limited to) decisions about the route the ship may take and the appointment of master or crew.
  • (2) For the purposes of paragraph (1)(b), a ship is not “controlled” by its master or crew, unless that master or crew are designated persons under any of the relevant regulations of this Part.
  • (3) For the purposes of the relevant regulations of this Part, a ship is not “operated” by its master or crew unless that master or crew are designated persons for the purposes of any of those regulations.
  • (4) Any reference in this Part to a legal title or other interest includes one held jointly with any other person or persons.
  • (5) For the purposes of this Part—

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.