The Russia (Sanctions) (EU Exit) (Amendment) (No. 14) Regulations 2022
Made: 18th July 2022
Laid before Parliament: 20th July 2022
Coming into force: 21st July 2022
The Secretary of State, considering that the condition in section 45(2) of the Sanctions and Anti-Money Laundering Act 2018[^f00001] is met, makes the following Regulations in exercise of the powers conferred by sections 1, 3(1)(b)(ii) and (d)(ii), 5, 15(2)(a) and (b), 17[^f00002], 19, 20, 21(1), 45 and 54(1) and (2) of, and paragraphs 2(b), 3(a) and (b), 4(b), (c) and (d), 5(a)(ii) and (b), 6(a)(ii) and (b), 7(b), 11(a)(ii), 13(b), (c), (h), (i), (m), (n) and (q), 14(a), (e), and (k), 17(a), 19(a), 20(c) and (d), 23 and 27(2) of Schedule 1 to, that Act.
Citation and commencement
1
- (1) These Regulations may be cited as the Russia (Sanctions) (EU Exit) (Amendment) (No. 14) Regulations 2022.
- (2) These Regulations come into force on 21st July 2022.
Amendment of the Russia (Sanctions) (EU Exit) Regulations 2019
2
The Russia (Sanctions) (EU Exit) Regulations 2019[^f00003] are amended as follows.
Interpretation of Part 5 (Trade)
3
In regulation 21(1), at the appropriate places, insert—
- “coal and coal products” means any thing specified in Schedule 3H;
- “G7 dependency and further goods list goods” means any thing specified in Schedule 3E;
- “gold” means the gold and products related to gold specified in Schedule 3G;
- “oil and oil products” means any thing specified in Schedule 3F;
- “professional and business services” means the services described in regulation 54B;
Amendment or regulation 40 (export of energy-related goods)
4
For regulation 40(1) substitute—
(1) The export of energy-related goods to, or for use in, Russia is prohibited.
Amendment of regulation 41 (supply and delivery of energy-related goods)
5
For regulation 41 substitute—
(41) (1) A person must not directly or indirectly supply or deliver energy-related goods from a third country to a place in Russia. (2) Paragraph (1) is subject to Part 7 (Exceptions and licences). (3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1) to show that the person did not know and had no reasonable cause to suspect that the goods were destined (or ultimately destined) for Russia. (4) In this regulation “third country” means a country that is not the United Kingdom, the Isle of Man or Russia.
Amendment of regulation 42 (making energy-related goods available)
6
- (1) After regulation 42(1) insert—
(1A) A person must not directly or indirectly make energy-related goods available to a person connected with Russia.
- (2) In regulation 42(2), for “Paragraph (1) is”, substitute “Paragraphs (1) and (1A) are”.
- (3) After regulation 42(3) insert—
(4) A person who contravenes a prohibition in paragraph (1A) 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 person was connected with Russia.
Amendment of regulation 43 (technical assistance relating to energy-related goods)
7
For regulation 43 substitute—
(43) (1) A person must not directly or indirectly provide technical assistance relating to energy-related goods— (a) to a person connected with Russia; or (b) for use in Russia. (2) Paragraph (1) is subject to Part 7 (Exception 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) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Russia; (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 goods were for use in Russia.
Amendment of regulation 44 (financial services and funds relating to energy-related goods and energy-related technology)
8
In regulation 44—
- (a) in the heading omit “and energy related technology”;
- (b) for paragraph (3) substitute—
(3) 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 export of energy related goods to, or for use in, Russia; (b) the direct or indirect supply or delivery of energy related goods to a place in Russia; (c) directly or indirectly making energy related goods available— (i) to a person connected with Russia; or (ii) for use in Russia; (d) the direct or indirect provision of technical assistance relating to energy related goods— (i) to a person connected with Russia, or (ii) for use in Russia.
Amendment of regulation 45 (brokering services: non-UK activity relating to energy-related goods and energy related technology)
9
In regulation 45—
- (a) in the heading omit “and energy related technology”;
- (b) in paragraph (1)(a), omit “for use in Russia”;
- (c) for paragraph (1)(b) substitute—
(b) directly or indirectly making energy-related goods available in a third country for direct or indirect supply or delivery— (i) to a person connected with Russia, or (ii) to a place in Russia;
Amendment of regulation 46 (prohibition on providing other energy-related services)
10
In regulation 46(4)—
- (a) for the definition of “relevant energy services” substitute—
- “relevant energy services” means specified services necessary for an oil or gas exploration or production project in Russia;
- (b) omit the definition of “relevant oil exploration or production project”.
Amendment of regulation 46A (technical assistance relating to aircraft and ships)
11
In regulation 46A, in paragraph (2), for “Paragraph (1)” substitute “Paragraph (1)(b)”.
Insertion of Chapters 4H, 4I, 4J, and 4K
12
After regulation 46X (brokering services relating to revenue generating goods) insert—
(46Y) (1) The export of G7 dependency and further goods list goods to, or for use in, Russia is prohibited. (2) A person must not directly or indirectly— (a) supply or deliver G7 dependency and further goods list goods from a third country to a place in Russia; (b) make G7 dependency and further goods list goods available to a person connected with Russia; (c) make G7 dependency and further goods list goods available for use in Russia. (3) Paragraphs (1) and (2) are subject to Part 7 (exceptions and licences). (4) A person who contravenes a prohibition in paragraph (2) commits an offence, but— (a) it is a defence for a person charged with the offence of contravening paragraph (2)(a) to show that the person did not know and had no reasonable cause to suspect that the goods were destined (or ultimately destined) for Russia; (b) it is a defence for a person charged with the offence of contravening paragraph (2)(b) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Russia; (c) it is a defence for a person charged with the offence of contravening paragraph (2)(c) to show that the person did not know and had no reasonable cause to suspect that the goods were for use in Russia. (5) In this regulation “third country” means a country that is not the United Kingdom, the Isle of Man or Russia. (46Z) (1) A person must not directly or indirectly provide technical assistance relating to G7 dependency and further goods list goods— (a) to a person connected with Russia; or (b) for use in Russia. (2) Paragraph (1) is subject to Part 7 (Exceptions and licences). (3) A person who contravenes a prohibition in paragraph (1) commits an offence, but— (a) it is a defence for a person charged with an offence of contravening paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Russia; (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 goods were for use in Russia. (46Z1) (1) A person must not directly or indirectly provide, to a person connected with Russia, financial services in pursuance of or in connection with an arrangement whose object or effect is— (a) the export of G7 dependency and further goods list goods; (b) the direct or indirect supply or delivery of G7 dependency and further goods list goods; (c) directly or indirectly making G7 dependency and further goods list goods available to a person; or (d) the direct or indirect provision of technical assistance relating to G7 dependency and further goods list goods. (2) A person must not directly or indirectly make funds available to a person connected with Russia in pursuance of or in connection with an arrangement mentioned in paragraph (1). (3) 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 export of G7 dependency and further goods list goods to, or for use in, Russia; (b) the direct or indirect supply or delivery of G7 dependency and further goods list goods to a place in Russia; (c) directly or indirectly making G7 dependency and further goods list goods available— (i) to a person connected with Russia, or (ii) for use in Russia; or (d) the direct or indirect provision of technical assistance relating to G7 dependency and further goods list goods — (i) to a person connected with Russia, or (ii) for use in Russia. (4) Paragraphs (1) to (3) are subject to Part 7 (Exceptions and licences). (5) A person who contravenes a prohibition in any of paragraphs (1) to (3) commits an offence, but— (a) it is a defence for a person charged with an offence of contravening paragraph (1) or (2) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Russia; (b) it is a defence for a person charged with the offence of contravening paragraph (3) 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. (46Z2) (1) A person must not directly or indirectly provide brokering services to a person connected with Russia in pursuance of or in connection with an arrangement (“arrangement A”) whose object or effect is— (a) the export of G7 dependency and further goods list goods; (b) the direct or indirect supply or delivery of G7 dependency and further goods list goods; (c) directly or indirectly making G7 dependency and further goods list goods available to a person; (d) the direct or indirect provision of technical assistance relating to G7 dependency and further goods list goods; (e) the direct or indirect provision, in a non-UK country, of financial services— (i) to a person connected with Russia, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 46Z1(1), or (ii) where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 46Z1(3); (f) directly or indirectly making funds available, in a non-UK country, to a person connected with Russia, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 46Z1(1); or (g) the direct or indirect provision of funds from a non-UK country, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 46Z1(3). (2) Paragraph (1) is subject to Part 7 (Exceptions and licences). (3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with 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. (46Z3) In this Chapter, “relevant day” means 31st December 2022. (46Z4) (1) The import of oil and oil products, on or after the relevant day, which are consigned from Russia is prohibited. (2) The import of oil and oil products, on or after the relevant day, which originate in Russia is prohibited. (3) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences). (46Z5) (1) A person must not, on or after the relevant day, directly or indirectly acquire oil and oil products— (a) which originate in Russia; or (b) which are located in Russia, with the intention of those goods entering the United Kingdom. (2) Paragraph (1) is subject to Part 7 (Exceptions and licences). (3) A person who contravenes a prohibition in paragraph (1) commits an offence, but— (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 Russia; (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 Russia. (46Z6) (1) A person must not, on or after the relevant day, directly or indirectly supply or deliver oil and oil products from a place in Russia to the United Kingdom. (2) Paragraph (1) is subject to Part 7 (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 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 Russia, whether directly or indirectly. (46Z7) (1) A person must not, on or after the relevant day, directly or indirectly provide technical assistance relating to— (a) the import of oil and oil products which— (i) originate in Russia, or (ii) are consigned from Russia; (b) the direct or indirect acquisition of oil and oil products which— (i) originate in Russia, or (ii) are located in Russia, with the intention of those products entering the United Kingdom; (c) the direct or indirect supply or delivery of oil and oil products from a place in Russia into the United Kingdom. (2) Paragraph (1) is subject to Part 7 (Exceptions and licences). (3) A person who contravenes any of the prohibitions in paragraph (1) commits an offence, but it is a defence for a person charged with an offence of contravening— (a) 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) 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) paragraph (1)(c), 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 that paragraph. (46Z8) (1) A person must not, on or after the relevant day, directly or indirectly provide financial services or funds in pursuance of or in connection with an arrangement whose object or effect is— (a) the import of oil and oil products which— (i) originate in Russia, or (ii) are consigned from Russia; or (b) the direct or indirect acquisition of oil and oil products which— (i) originate in Russia, or (ii) are located in Russia, with the intention of those products entering the United Kingdom; (c) the direct or indirect supply or delivery of oil and oil products from a place in Russia into the United Kingdom. (3) Paragraphs (1) and (2) are subject to Part 7 (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. (46Z9) (1) A person must not, on or after the relevant day, directly or indirectly provide brokering services in relation to any arrangements described in regulation 46Z8(1)(a) to (c). (2) Paragraph (1) is subject to Part 7 (Exceptions and licences). (3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with 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. (46Z10) In this Chapter, “relevant day” means the day on which this Chapter comes into force. (46Z11) (1) The import of gold originating from Russia is prohibited, where that gold has been exported from Russia on or after the relevant day. (2) For the purposes of these Regulations, gold has been exported from Russia when— (a) it has completed the applicable export formalities; and (b) where the gold was transported by— (i) land, it has left Russian territory; (ii) sea, the ship on which it was transported has departed a port in Russia for a destination outside of Russia; (iii) air, the aircraft on which it was transported has departed an airport in Russia for a destination outside of Russia. (3) Paragraph (1) is subject to Part 7 (Exceptions and licences). (46Z12) (1) A person must not directly or indirectly acquire gold which on or after the relevant day— (a) originated in Russia; and (b) is located in Russia, with the intention of those goods entering the United Kingdom. (2) Paragraph (1) is subject to Part 7 (Exceptions and licences). (3) A person who contravenes a prohibition in paragraph (1) commits an offence, but— (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 gold originated in Russia; (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 gold was located in Russia. (46Z13) (1) A person must not directly or indirectly supply or deliver gold, which originated in Russia on or after the relevant day— (a) from a place in Russia; or (b) from a third country, to the United Kingdom. (2) Paragraph (1) is subject to Part 7 (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 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 from a place in Russia or from a third country was of gold which originated in Russia on or after the relevant day, whether directly or indirectly. (4) In this regulation “third country” means a country that is not the United Kingdom, the Isle of Man or Russia. (46Z14) (1) A person must not directly or indirectly provide technical assistance relating to— (a) the import of gold which on or after the relevant day— (i) originated in Russia; or (ii) is consigned from Russia; (b) the direct or indirect acquisition of gold which on or after the relevant day— (i) originated in Russia; and (ii) is located in Russia, with the intention of that gold entering the United Kingdom; (c) the direct or indirect supply or delivery of gold, which originated in Russia on or after the relevant day— (i) from a place in Russia; or (ii) from a third country, to the United Kingdom. (2) Paragraph (1) is subject to Part 7 (Exceptions and licences). (3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with an offence of contravening — (a) 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) 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) paragraph (1)(c), 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 that paragraph. (46Z15) (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 gold which on or after the relevant day— (i) originated in Russia, or (ii) is consigned from Russia; or (b) the direct or indirect acquisition of gold which on or after the relevant day— (i) originated in Russia; and (ii) is located in Russia, with the intention of that gold entering the United Kingdom; (c) the direct or indirect supply or delivery of gold, which originated in Russia on or after the relevant day— (i) from a place in Russia; or (ii) from a third country, to the United Kingdom. (2) Paragraph (1) is subject to Part 7 (Exceptions and licences). (3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1) to show that the person did not know and had no reasonable cause to suspect that the financial services or funds (as the case may be) were provided in pursuance of or in connection with an arrangement mentioned in that paragraph. (46Z16) (1) A person must not directly or indirectly provide brokering services in relation to any arrangements described in regulation 46Z15(1)(a) to (c). (2) Paragraph (1) is subject to Part 7 (Exceptions and licences). (3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with 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. (46Z17) In this Chapter, “relevant day” means 10th August 2022. (46Z18) (1) The import of coal and coal products, on or after the relevant day, which are consigned from Russia is prohibited. (2) The import of coal and coal products, on or after the relevant day, which originate in Russia is prohibited. (3) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences). (46Z19) (1) A person must not directly or indirectly, on or after the relevant day, acquire coal and coal products— (a) which originate in Russia; or (b) which are located in Russia, with the intention of those goods entering the United Kingdom. (2) Paragraph (1) is subject to Part 7 (Exceptions and licences). (3) A person who contravenes a prohibition in paragraph (1) commits an offence, but— (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 Russia; (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 Russia. (46Z20) (1) A person must not, on or after the relevant day, supply or deliver directly or indirectly coal and coal products from a place in Russia to the United Kingdom. (2) Paragraph (1) is subject to Part 7 (Exceptions and licences). (3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1) to show that the person did not know and had no reasonable cause to suspect that the supply or delivery was from a place in Russia, whether directly or indirectly. (46Z21) (1) A person must not, on or after the relevant day, directly or indirectly provide technical assistance relating to— (a) the import of coal and coal products which— (i) originate in Russia, or (ii) are consigned from Russia; (b) the direct or indirect acquisition of coal and coal products which— (i) originate in Russia, or (ii) are located in Russia, with the intention of those products entering the United Kingdom; (c) the direct or indirect supply or delivery of coal and coal products from a place in Russia into the United Kingdom. (2) Paragraph (1) is subject to Part 7 (Exceptions and licences). (3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with an offence of contravening— (a) 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) 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) paragraph (1)(c), 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 that paragraph. (46Z22) (1) A person must not, on or after the relevant day, directly or indirectly provide financial services or funds in pursuance of or in connection with an arrangement whose object or effect is— (a) the import of coal and coal products which— (i) originate in Russia, or (ii) are consigned from Russia; or (b) the direct or indirect acquisition of coal and coal products which— (i) originate in Russia, or (ii) are located in Russia, with the intention of those products entering the United Kingdom; (c) the direct or indirect supply or delivery of coal and coal products from a place in Russia into the United Kingdom (2) Paragraphs (1) is subject to Part 7 (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 financial services or funds (as the case may be) were provided in pursuance of or in connection with an arrangement mentioned in that paragraph. (46Z23) (1) A person must not, on or after the relevant day, directly or indirectly provide brokering services in relation to any arrangements described in regulation 46Z22(1)(a) to (c). (2) Paragraph (1) is subject to Part 7 (Exceptions and licences). (3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with 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.
Insertion of Chapter 6B
13
After regulation 54A (preventing provision of internet services to or for the benefit of designated persons) insert—
(54B) In this Chapter— (a) “accounting services” means— (i) accounting review services, which are services involving the review by a person of annual and interim financial statements and other accounting information, but excluding auditing services; (ii) compilation of financial statements services, which are services involving the compilation by a person of financial statements from information provided by a client, including preparation services of business tax returns when provided together with the preparation of financial statements for a single fee, but excluding such preparation services of business tax returns when provided as a separate service; (iii) other accounting services such as attestations, valuations, preparation services of pro forma statements; (iv) bookkeeping services, which are services consisting of classifying and recording business transactions in terms of money or some unit of measurement in the books of account, but excluding bookkeeping services related to tax returns; (b) “business and management consulting services” means advisory, guidance and operational assistance services provided for business policy and strategy and the overall planning, structuring and control of an organisation, which includes (but is not limited to) management auditing; market management; human resources; production management and project management consulting; (c) “public relations services” means services provided by a person related to improving the image of their clients and their relationship with the general public and other institutions, but excludes planning and creating services for advertising or public opinion polling services. (54C) (1) A person must not directly or indirectly provide, to a person connected with Russia— (a) accounting services; (b) business and management consulting services; or (c) public relations services. (2) Paragraph (1) is subject to Part 7 (exceptions and licences). (3) A person who contravenes any of the prohibitions in paragraph (1) (“P”) commits an offence, but it is a defence for P to show that P did not know and had no reasonable cause to suspect that the person to whom the services were provided was connected with Russia.
Amendment of regulation 55 (Circumventing etc. prohibitions)
14
In regulation 55(1)(a), for “Chapters 2 to 6 of this Part” substitute “Chapters 2 to 6 and Chapter 6B of this Part”.
Amendment of regulation 56 (Defences)
15
In regulation 56, for “Chapters 2 to 6 of this Part” substitute “Chapters 2 to 6 and Chapter 6B of this Part”.
Amendment of regulation 60A (Trade: exceptions in relation to personal effects etc.)
16
In regulation 60A—
- (a) after paragraph (1A) insert—
(1B) The prohibitions in Chapter 4H (G7 dependency and further goods list goods) are not contravened by a relevant activity in relation to— (a) any G7 dependency and further goods list goods which are necessary for the official purposes of a diplomatic mission or consular post in Russia, or an international organisation enjoying immunities in accordance with international law, or (b) the personal effects of their staff. (1C) The prohibitions in Chapter 4J (Gold) are not contravened by a relevant activity in relation to— (a) any gold which is necessary for the official purposes of a diplomatic mission or consular post in Russia, or an international organisation enjoying immunities in accordance with international law, or (b) the personal effects of their staff.
- (b) in paragraph (2)—
- (i) before the definition of “consular post”, for “paragraphs (1) and (1A) substitute “paragraphs (1), (1A), (1B) and (1C)”;
- (ii) after the definition of “diplomatic mission” insert—
- “G7 dependency and further goods list goods” has the meaning given in regulation 21 (interpretation of Part 5);
- “Gold” has the meaning given in regulation 21 (interpretation of Part 5)
- (iii) in the definition of “relevant activity” for “paragraphs (1) and (1A)” substitute “paragraphs (1), (1A), (1B) and (1C)”.
Amendment of regulation 60C (Trade: exceptions in relation to aircraft and vessels)
17
In regulation 60C after paragraph (2) insert—
(2AA) The prohibition in regulation 27(1)(a) is not contravened by the provision of technical assistance in relation to an aircraft owned, chartered or operated by a person connected with Russia, at a UK airport provided the assistance is not for the purposes of facilitating— (a) a transfer of ownership of the aircraft or any of its component parts; or (b) a change in the operator of the aircraft.
Insertion of regulations 60DA
18
After regulation 60D insert—
(60DA) (1) The prohibitions in regulation 54C (professional and business services) are not contravened by any act done by a person (“P”)— (a) in satisfaction of an obligation— (i) in respect of the provision of professional and business services by P to a person connected with Russia where those services are provided in relation to the discharge or compliance with UK statutory or regulatory obligations, such obligations not arising under contract; (ii) arising under a contract concluded before 20th July 2022, or an ancillary contract necessary for the satisfaction of such a contract, provided that— (aa) the act is carried out before the end of the period of one month beginning with the day on which this regulation comes into force; (bb) P has notified the Secretary of State no later than the day 10 working days before the day on which the act is carried out; (b) that is necessary for the official purposes of a diplomatic mission or consular post in Russia, or of an international organisation enjoying immunities in accordance with international law. (2) For the purposes of this regulation, “diplomatic mission” and “consular post” are to be construed in accordance with paragraph A1 of Schedule 5.
Insertion of regulations 60H and 60I
19
After regulation 60G insert—
(60H) (1) The prohibitions in Chapter 4I (Oil and Oil Products) are not contravened by a relevant activity in relation to any oil and oil products which— (a) originate in a country that is not Russia, (b) are not owned by a person connected with Russia, and (c) are only being loaded in, departing from or transiting through Russia. (2) For the purposes of paragraph (1)— - “oil and oil products” has the meaning given in regulation 21(1) (interpretation of Part 5); - “relevant activity” means any activity which would, in the absence of this regulation, contravene the prohibitions specified in paragraph (1). (60I) (1) The prohibitions in regulations 44 (financial services relating to energy-related goods) and 45 (brokering services: non-UK activity relating to energy-related goods) are not contravened in relation to the provision of insurance or reinsurance to a relevant person with regard to that person’s activities outside the energy sector in Russia. (2) The prohibitions in Chapter 4 (energy-related goods and related activities) are not contravened by a relevant activity that is necessary for the purposes of a UK petroleum project. (3) In this regulation— - “energy related goods” has the meaning given in regulation 21(1) (interpretation of Part 5); - “relevant activity” means any activity which would, in the absence of this regulation, contravene the prohibitions specified in paragraphs (1) and (2); - “relevant person” means a person who is not a person connected with Russia; - “UK petroleum project” means an oil or gas exploration or production project that is wholly or partially located within— the United Kingdom; waters adjacent to the United Kingdom up to the seaward limits of the territorial sea, or the seabed and subsoil below them; areas from time to time designated under section 1(7) of the Continental Shelf Act 1964[^f00004] (designation of areas of continental shelf), and any waters within the limits of such areas.
Amendment of regulation 61 (trade: exception for emergencies in certain cases)
20
In regulation 61(1A), after sub-paragraph (c) insert—
(d) in regulation 46Y (G7 dependency and further goods list goods); (e) regulation 54C (Professional and business services)
Amendment of regulation 62A (exception for authorised conduct in a relevant country)
21
In regulation 62A, in paragraph (1), for “Chapters 2 to 6” substitute “Chapters 2 to 6 and Chapter 6B”.
Amendment of regulation 65 (trade licences)
22
In regulation 65, for “Chapters 2 to 6” substitute “Chapters 2 to 6 and Chapter 6B”.
Amendment of regulation 75 (trade: application of information powers in CEMA)
23
In regulation 75(2)(a) for “6A” substitute “6B”.
Amendment of regulation 86 (trade offences in CEMA: modification of penalty)
24
In regulation 86—
- (a) in paragraph (1), after “46S” insert “, 46Z4, 46Z11, 46Z18”;
- (b) in paragraph (3), after “46N(1),” insert “46Y(1)”;
- (c) in paragraph (5), after “46TS,” insert “46Y(1), 46Z4, 46Z11, 46Z18”.
Amendment of regulation 89 (exercise of maritime enforcement powers)
25
In regulation 89(2), after sub-paragraph (cb) insert—
(cc) a prohibition in regulation 46Y (trade sanctions relating to G7 dependency and further goods list goods); (cd) a prohibition in either of regulation 46Z4 or 46Z5 (trade sanctions relating to oil and oil products); (ce) a prohibition in either of regulations 46Z11 and 46Z12 (trade sanctions relating to gold); (cf) a prohibition in either of regulations 46Z18 and 46Z19 (trade sanctions relating to coal and coal products);
Insertion of Schedules 3E, 3F, 3G and 3H
26
After Schedule 3D insert—
SCHEDULE 3E (1) Paragraph 1 of Schedule 3 applies for the purposes of interpreting Part 2. (2) Any thing falling within a commodity code mentioned in column 1 of the following table.
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