PART 1 General

Citation and commencement_I1,I2

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

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

Interpretation_I3,I4

2.[^F1—(1) In these Regulations—

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

[^F2 “ the Amendment Regulations 2021 ” means the Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2021 ; ^F2]

[^F3 “ the Amendment Regulations 2022 ” means the Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 ; ^F3]

[^F3 “ aircraft licence ” means a licence under regulation 33A; ^F3]

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

“ Belarus ” means the Republic of Belarus;

“ CEMA ” means the Customs and Excise Management Act 1979 ^M3 ;

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

“ conduct ” includes acts and omissions;

[^F4 “consular post” has the same meaning as in the Vienna Convention on Consular Relations done at Vienna on 24 April 1963, and any reference to the functions of a consular post is to be read in accordance with that Convention;

“diplomatic mission”, and any reference to the functions of a diplomatic mission, are to be read in accordance with the Vienna Convention on Diplomatic Relations done at Vienna on 18 April 1961; ^F4]

[^F5 “ director disqualification licence ” means a licence under regulation 32A; ^F5]

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

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

“ the EU Belarus Regulation ” means Council Regulation (EC) No 765/2006 of 18 May 2006 concerning restrictive measures in respect of Belarus ^M4 , as it has effect in EU law;

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

[^F6 “humanitarian assistance activity” includes the work of international and non-governmental organisations carrying out humanitarian and relief activities in Belarus for the benefit of the civilian population of Belarus; ^F6]

[^F7 “ OFCOM ” means the Office of Communications; ^F7]

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

“ trade licence ” means a licence under regulation 33;

“ Treasury licence ” means a licence under regulation [^F8 32 ^F8] ;

“ United Kingdom person ” has the same meaning as in section 21 of the Act. ^F1]

[^F9 (2) For the purposes of [^F10 Part 3 (Finance), Part 5 (Trade), Part 5A (Aircraft), Part 5B (Ships) and Part 6 (Exceptions and licences) ^F10] , a person is to be regarded as “connected with” Belarus if the person is—

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

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

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

(d)a person, other than an individual, which is domiciled in Belarus.^F9]

Application of prohibitions and requirements outside the United Kingdom_I5,I6

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

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

(3) [^F11 In this regulation ^F11] a “ relevant prohibition ” means any prohibition imposed—

[^F12 (a)regulation 9(2) (confidential information),^F12]

(b)by Part 3 (Finance),

(c)^F13by Part 5 (Trade), ...

[^F14 (ca)by regulation 29C(6) (disclosure of confidential information), ^F15...^F14]

[^F16 (cb)by Part 5B (Ships), or^F16]

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

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

^F17(5) Any person may comply, or fail to comply, with a relevant requirement ... by conduct in the territorial sea.

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

(a)by or under Part 7 (Information and records), or by reason of a request made under a power conferred by [^F18that Part,^F18]

(b)by a condition of a [^F19Treasury licence, a trade licence or an aircraft licence^F19] ,

[^F20 (c)by a direction under regulation 29A(2) (direction by air traffic control to operator or pilot of Belarusian aircraft), or

(d)by a direction under regulation 29H (movement of ships).^F20]

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

Purposes_I7,I8

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

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

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

(c)^F21investigate properly and institute criminal proceedings against the persons responsible for the disappearances of Yury Zakharanka, Viktar Hanchar, Anatol Krasouski and Dzmitry Zavadski, ...

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

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

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

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

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

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

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

[^F22 (e)cease actions destabilising Ukraine or undermining or threatening the territorial integrity, sovereignty or independence of Ukraine, including by supporting or facilitating Russia’s actions in respect of Ukraine, and

(f)refrain from any other action which undermines or threatens peace, security or stability in Europe.^F22]

PART 2 Designation of persons

Power to designate persons_I9,I10

^M55.—(1) The Secretary of State may designate persons by name for the purposes of any of the following—

(a)^F23regulations 11 to 15 (Finance); ...

[^F24 (aa)regulation 16A (Director disqualification sanctions);^F24]

(b)regulation 17 (Immigration) [^F25; and^F25]

[^F26 (c)regulation 27N (technical assistance in relation to aircraft and ships);

[^F27 (ca)regulation 27P (internet services);^F27]

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

(e)regulations 29F, 29H, 29I and 29J (ships: prohibition on port entry etc.).^F26]

[^F28 (1A) The Secretary of State may provide that persons of a description specified by the Secretary of State are designated persons for the purposes of any of the following—

(a)regulations 11 to 15 (finance);

(b)regulation 17 (immigration);

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

[^F29 (ca)regulation 27P (internet services);^F29]

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

(e)regulations 29F, 29H, 29I and 29J (ships: prohibition on port entry etc.).^F28]

(2) The Secretary of State may designate different persons for the purposes of[^F30 different provisions mentioned in^F30] paragraph (1) [^F31or (1A)^F31] .

[^F32 (3) For the purposes of these Regulations, persons “designated under regulation 5” for the purpose of a particular regulation means—

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

(b)where the Secretary of State makes provision under paragraph (1A) that persons of a specified description are designated persons for the purposes of that particular regulation, persons of that description.^F32]

[^F33Conditions 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 [^F34 the Secretary of State^F34] 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. ^F33]

Designation [^F35criteria: meaning of “involved person^F35] _I11,I12

^F366.—(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) [^F37 For the purposes of regulations 5A(4) (condition relating to the designation of persons by name) and 5B(9) (condition relating to designation of persons by description) ^F37] an “ involved person ” means a person who—

(a)is or has been involved in—

(i)conduct enabling or facilitating—

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

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

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

(iii)^F38the repression of civil society or democratic opposition in Belarus, ...

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

[^F39 (v)conduct destabilising Ukraine or undermining or threatening the territorial integrity, sovereignty or independence of Ukraine, including by supporting or facilitating Russia’s actions in respect of Ukraine, in particular by—

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

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

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

(vii)obtaining a benefit from or supporting the Government of Belarus through carrying on a relevant business activity,^F39]

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

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

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

(3) Any reference in this regulation to being involved in an activity set out in [^F40paragraphs (2)(a)(i) to (vi)^F40] above includes being so involved in whatever way and wherever any actions constituting the involvement take place, and in particular includes—

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

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

(c)being involved in the supply to Belarus of [^F41goods or technology mentioned in regulation 23(1A) (making available goods and technology to a person connected with, or for use in, Belarus)^F41] or of material related to such goods or technology, or in providing financial services relating to such supply;

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

[^F42 (da)providing support for or obtaining an economic benefit from the Government of Belarus;^F42]

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

[^F43 (3A) For the purposes of this regulation, being “involved in obtaining a benefit from or supporting the Government of Belarus through carrying on a relevant business activity” means—

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

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

(c)carrying on business in a sector of strategic significance to the Government of Belarus, ^F44...

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

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

(ii)a person, other than an individual, which falls within sub-paragraph (b) or (c) [^F45 ;^F45]

[^F46 (e)holding the right, directly or indirectly, to nominate at least one director (whether executive or non-executive), trustee or equivalent of—

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

(ii)a person, other than an individual, which falls within sub-paragraph (b) or (c).^F46,F43]]

[^F47 (3B) For the purposes of this regulation, a person is involved in “conduct destabilising Ukraine or undermining or threatening the territorial integrity, sovereignty or independence of Ukraine” or “obtaining a benefit from or supporting the Government of Belarus through carrying on a relevant business activity” if they work for, or are affiliated to, the Government of Belarus, as—

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

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

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

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

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

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

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

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

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

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

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

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

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

(b)being an immediate family member of that person.^F47]

[^F48 (4) In this regulation—

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

“ Government of Belarus-affiliated entity ” means a person, other than an individual—

[^F49 “ immediate family member ” means—

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

“ relevant provision ” means—

“ sector of strategic significance to the Government of Belarus ” means—

(5) Nothing in any paragraph of sub-paragraph (2)(a) is to be taken to limit the meaning of any of the other paragraphs of that sub-paragraph.

(6) Nothing in any sub-paragraph of paragraph (3) is to be taken to limit the meaning of any of the other sub-paragraphs of that paragraph.

^F50(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “owned or controlled directly or indirectly”_I13,I14

7. —(1) A person who is not an individual (“C”) is “owned or controlled directly or indirectly” by another person (“P”) if either of the following two conditions is met (or both are met).

(2) The first condition is that P—

(a)holds directly or indirectly more than 50% of the shares in C,

(b)holds directly or indirectly more than 50% of the voting rights in C, or

(c)holds the right directly or indirectly to appoint or remove a majority of the board of directors of C.

(3) Schedule 1 contains provision applying for the purpose of interpreting paragraph (2).

^F51(4) The second condition is that it is reasonable, having regard to all the circumstances, to expect that P would (if P chose to) be able, in most cases or in significant respects, by whatever means and ... whether directly or indirectly, to achieve the result that affairs of C are conducted in accordance with P's wishes.

Notification and publicity where [^F52power to designate by name^F52] used_I15,I16

8.—(1) Paragraph (2) applies where the Secretary of State—

(a)has made a designation under [^F53regulation 5(1)^F53] , or

(b)has by virtue of section 22 of the Act varied or revoked a designation made under [^F54that paragraph of that regulation^F54] .

(2) The Secretary of State—

(a)must without delay take such steps as are reasonably practicable to inform the designated person of the designation, variation or revocation, and

(b)must take steps to publicise the designation, variation or revocation.

[^F55 (3) The information given under paragraph (2)(a)—

(a)where the Secretary of State designates a person under the standard procedure, must include a statement of reasons;

(b)where the Secretary of State designates a person under the urgent procedure, must include a statement—

(i)that the designation is made under the urgent procedure,

(ii)identifying the relevant provision by reference to which the Secretary of State considers that condition B is met in relation to the person, and

(iii)setting out why the Secretary of State considers that condition C is met.

(3A) Where the Secretary of State designates a person under the urgent procedure, the Secretary of State must, after the end of the period mentioned in paragraph (7) of regulation 5A (conditions for the designation of persons by name), or if the Secretary of State has made a certification under paragraph (7)(b) of that regulation, the period mentioned in paragraph (8) of that regulation, but otherwise without delay—

(a)in a case where the person ceases to be a designated person, take such steps as are reasonably practicable to inform the person that they have ceased to be a designated person, or

(b)in any other case, take such steps as are reasonably practicable to give the person a statement of reasons.^F55]

[^F56 (4) In this regulation, a “ statement of reasons ” means a brief statement of the matters that the Secretary of State knows, or has reasonable grounds to suspect, in relation to the person—

(a)in the case of a designation under the standard procedure, which have led the Secretary of State to make designation, and

(b)in the case of a designation under the urgent procedure, as a result of which the person does not cease to be a designated person at the end of the period mentioned in regulation 5A(7) or (8) (as the case may be).^F56]

(5) Matters that would otherwise be required by paragraph (4) 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.

(6) The steps taken under paragraph (2)(b) must—

(a)unless one or more of the restricted publicity conditions is met, be steps to publicise generally—

(i)the designation, variation or revocation, and

(ii)in the case of a designation, the statement of reasons;

(b)if one or more of those conditions is met, be steps to inform only such persons as the Secretary of State considers appropriate of the designation, variation or revocation and (in the case of a designation) of the contents of the statement of reasons.

(7) The “restricted publicity conditions” are as follows—

(a)the designation is of a person believed by the Secretary of State to be an individual under the age of 18;

(b)the Secretary of State considers that disclosure of the designation, variation or revocation should be restricted—

(i)in the interests of national security or international relations,

(ii)for reasons connected with the prevention or detection of serious crime in the United Kingdom or elsewhere, or

(iii)in the interests of justice.

(8) Paragraph (9) applies if—

(a)when a designation is made, one or more of the restricted publicity conditions is met, but

(b)at any time when the designation has effect, it becomes the case that none of the restricted publicity conditions is met.

(9) The Secretary of State must—

(a)take such steps as are reasonably practicable to inform the designated person that none of the restricted publicity conditions is now met, and

(b)take steps to publicise generally the designation and the statement of reasons relating to it.

Confidential information in certain cases where designation power used_I17,I18

9.—(1) Where the Secretary of State in accordance with regulation 8(6)(b) informs only certain persons of a designation, variation or revocation and (in the case of a designation) of the contents of the statement of reasons, the Secretary of State may specify that any of that information is to be treated as confidential.

(2) A person (“P”) who—

(a)is provided with information that is to be treated as confidential in accordance with paragraph (1), or

(b)otherwise obtains such information,

must not, subject to paragraph (3), disclose it if P knows, or has reasonable cause to suspect, that the information is to be treated as confidential.

(3) The prohibition in paragraph (2) does not apply to any disclosure made by P with lawful authority.

(4) For this purpose information is disclosed with lawful authority only if and to the extent that—

(a)the disclosure is by, or is authorised by, the Secretary of State,

(b)the disclosure is by or with the consent of the person who is or was the subject of the designation,

(c)the disclosure is necessary to give effect to a requirement imposed under or by virtue of these Regulations or any other enactment, or

(d)the disclosure is required, under rules of court, tribunal rules or a court or tribunal order, for the purposes of legal proceedings of any description.

(5) This regulation does not prevent the disclosure of information that is already, or has previously been, available to the public from other sources.

(6) A person who contravenes the prohibition in paragraph (2) commits an offence.

(7) The High Court (in Scotland, the Court of Session) may, on the application of—

(a)the person who is the subject of the information, or

(b)the Secretary of State,

grant an injunction (in Scotland, an interdict) to prevent a breach of the prohibition in paragraph (2).

(8) In paragraph (4)(c), “ enactment ” has the meaning given by section 54(6) of the Act.

[^F57Notification 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.^F57]

PART 3 Finance

[^F58CHAPTER 1 Asset-freeze etc.^F58]

[^F59Meaning of “designated person” in Part 3 _I19,I20

10. In this Part a “ designated person ” means a person who is designated under regulation 5 for the purposes of regulations 11 to 15.

Asset-freeze in relation to designated persons _I21,I22

11. —(1) A person (“P”) must not deal with funds or economic resources owned, held or controlled by a designated person if P knows, or has reasonable cause to suspect, that P is dealing with such funds or economic resources.

(2) Paragraph (1) is subject to Part 6 (Exceptions and licences).

(3) A person who contravenes the prohibition in paragraph (1) commits an offence.

(4) For the purposes of paragraph (1), a person “deals with” funds if the person—

(a)uses, alters, moves, transfers or allows access to the funds,

(b)deals with the funds in any other way that would result in any change in volume, amount, location, ownership, possession, character or destination, or

(c)makes any other change, including portfolio management, that would enable use of the funds.

(5) For the purposes of paragraph (1), a person “deals with” economic resources if the person—

(a)exchanges the economic resources for funds, goods or services, or

(b)uses the economic resources in exchange for funds, goods or services (whether by pledging them as security or otherwise).

(6) The reference in paragraph (1) to funds or economic resources that are “owned, held or controlled” by a person includes, in particular, a reference to—

(a)funds or economic resources in which the person has any legal or equitable interest, regardless of whether the interest is held jointly with any other person and regardless of whether any other person holds an interest in the funds or economic resources;

(b)any tangible property (other than real property), or bearer security, that is comprised in funds or economic resources and is in the possession of the person.

(7) For the purposes of paragraph (1) funds or economic resources are to be treated as owned, held or controlled by a designated person if they are owned, held or controlled by a person who is owned or controlled directly or indirectly (within the meaning of regulation 7) by the designated person.

(8) For the avoidance of doubt, the reference in paragraph (1) to a designated person includes P if P is a designated person.

Making funds available to designated persons _I23,I24

12. —(1) A person (“P”) must not make funds available directly or indirectly to a designated person if P knows, or has reasonable cause to suspect, that P is making the funds so available.

(2) Paragraph (1) is subject to Part 6 (Exceptions and licences).

(3) A person who contravenes the prohibition in paragraph (1) commits an offence.

(4) The reference in paragraph (1) to making funds available indirectly to a designated person includes, in particular, a reference to making them available to a person who is owned or controlled directly or indirectly (within the meaning of regulation 7) by the designated person.

Making funds available for benefit of designated persons _I25,I26

13. —(1) A person (“P”) must not make funds available to any person for the benefit of a designated person if P knows, or has reasonable cause to suspect, that P is making the funds so available.

(2) Paragraph (1) is subject to Part 6 (Exceptions and licences).

(3) A person who contravenes the prohibition in paragraph (1) commits an offence.

[^F60 (3A) The reference in paragraph (1) to making funds available to any person for the benefit of a designated person includes making funds available for the benefit of a person who is owned or controlled directly or indirectly (within the meaning of regulation 7) by the designated person (and references to designated person in paragraph (4) are to be read accordingly).^F60]

(4) For the purposes of this regulation—

(a)funds are made available for the benefit of a designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit, and

(b) “ financial benefit ” includes the discharge (or partial discharge) of a financial obligation for which the designated person is wholly or partly responsible.

Making economic resources available to designated persons _I27,I28

14. —(1) A person (“P”) must not make economic resources available directly or indirectly to a designated person if P knows, or has reasonable cause to suspect—

(a)that P is making the economic resources so available, and

(b)that the designated person would be likely to exchange the economic resources for, or use them in exchange for, funds, goods or services.

(2) Paragraph (1) is subject to Part 6 (Exceptions and licences).

(3) A person who contravenes the prohibition in paragraph (1) commits an offence.

(4) The reference in paragraph (1) to making economic resources available indirectly to a designated person includes, in particular, a reference to making them available to a person who is owned or controlled directly or indirectly (within the meaning of regulation 7) by the designated person.

Making economic resources available for benefit of designated persons _I29,I30

15. —(1) A person (“P”) must not make economic resources available to any person for the benefit of a designated person if P knows, or has reasonable cause to suspect, that P is making the economic resources so available.

(2) Paragraph (1) is subject to Part 6 (Exceptions and licences).

(3) A person who contravenes the prohibition in paragraph (1) commits an offence.

[^F61 (3A) The reference in paragraph (1) to making economic resources available to any person for the benefit of a designated person includes making economic resources available for the benefit of a person who is owned or controlled directly or indirectly (within the meaning of regulation 7) by the designated person (and references to designated person in paragraph (4) are to be read accordingly).^F61]

(4) For the purposes of paragraph (1)—

(a)economic resources are made available for the benefit of a designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit, and

(b) “ financial benefit ” includes the discharge (or partial discharge) of a financial obligation for which the designated person is wholly or partly responsible. ^F59]

[^F62CHAPTER 2 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

[^F63 (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.^F63]

[^F64 (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 [^F65 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)^F65] .

(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) [^F66 ; or^F66]

[^F67 (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).^F67,F64]]

[^F68 (3) Paragraphs (1) and (2A) are subject to Part 6 (Exceptions and licences).^F68]

(4) A person who contravenes the prohibition in [^F69 paragraph (1) or (2A)^F69] 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—

“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—

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.

[^F70 (5) In this regulation—

“ category A loan ” means a loan or credit which—

“ category B loan ” means a loan or credit which—

“ category C loan ” means a loan or credit which—

“ relevant loan ” means a category A loan, a category B loan or a category C loan. ^F70]

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.

[^F71Provision 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.^F71]

Interpretation of terms relating to other financial restrictions

15D.—(1) In this Chapter—

“Belarusian authority” means—

[^F72 “ 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; ^F72]

“credit or financial institution” means—

[^F72 “ 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—

“non-UK country” means a country that is not the United Kingdom;

“relevant person” means—

[^F72 “ subsidiary ” has the meaning given by section 1159 of the Companies Act 2006 ; ^F72]

(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).^F62]

[^F73 (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. ^F73]

[^F74CHAPTER 3 Further Provision^F74]

Circumventing etc prohibitions_I31,I32

16.—(1) A person must not intentionally participate in activities knowing that the object or effect of them is, whether directly or indirectly—

(a)to circumvent any of the prohibitions in [[^F75,F76 Chapter^F76] 1 or 2^F75] , or

(b)to enable or facilitate the contravention of any such prohibition.

(2) A person who contravenes a prohibition in paragraph (1) commits an offence.

[^F77PART 3A Director disqualification sanctions

Director disqualification sanctions

16A. A person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation is subject to director disqualification sanctions for the purposes of—

(a)section 11A of the Company Directors Disqualification Act 1986, and

(b)Article 15A of the Company Directors Disqualification (Northern Ireland) Order 2002.^F77]

PART 4 Immigration

Immigration_I33,I34

^M617. A person who is designated under regulation 5 for the purposes of this regulation is an excluded person for the purposes of section 8B of the Immigration Act 1971 .

PART 5 Trade

CHAPTER 1 Interpretation

Definition of “restricted goods” and “restricted technology”

^F7818. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F79Definitions [^F80of “interception and monitoring goods” and “interception and monitoring technology”^F80]

19.—(1) For the purposes of [^F81 this Part^F81] —

“interception and monitoring goods” means any item mentioned in sub-paragraph (a) or (b), provided that it may be used for interception and monitoring services—

“interception and monitoring technology” means any thing—

(but see paragraph (3));

^F82...

^F82...

^F82...

^F82...

(2) For the purpose of paragraph (1), “a relevant Schedule 2A item” means any thing described in Schedule 2A, other than—

(a)any thing which is interception and monitoring technology, or

(b)any thing for the time being specified in—

(i)Schedule 2 to the Export Control Order 2008, or

(ii)Annex I of the Dual-Use Regulation.

(3) The definition of “interception and monitoring technology” does not apply to software which is—

(a)generally available to the public, or

(b)in the public domain.

(4) For the purpose of paragraph (3)—

(a) software is “generally available to the public” if—

(i)the software is sold from stock at retail selling points without restriction, by means of—

(aa)over the counter transactions,

(bb)mail order transactions,

(cc)electronic transactions, or

(dd)telephone order transactions, and

(ii)the software is designed for installation by the user without further substantial support by the supplier;

(b) software is “in the public domain” if the software has been made available without restrictions upon its further dissemination (and for this purpose copyright restrictions do not constitute a restriction upon its further dissemination). ^F79]

[^F83Definition 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—

“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—

“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 . ^F83]

Interpretation of other expressions used in this Part_I35,I36

20.—(1) Paragraphs 32 and 36 of Schedule 1 to the Act (trade sanctions) apply for the purpose of interpreting expressions in this Part.

(2) In this Part, any reference to the United Kingdom includes a reference to the territorial sea.

(3) In this Part—

[^F84 “ aluminium ” has the meaning given to it in Schedule 2B; ^F84]

[^F85 “ banknotes ” means—

“ brokering service ” means any service to secure, or otherwise in relation to, an arrangement, including (but not limited to)—

[^F85 “ cement ” has the meaning given to it in paragraph 2 of Schedule 2J; ^F85]

[^F85 “ chemical and biological weapons-related goods ” means—

[^F85 “ chemical and biological weapons-related technology ” means any thing specified as technology or software in Part 2 of Schedule 2H, other than technology which is—

[^F86 “ critical-industry goods ” means—

[^F86 “ critical-industry technology ” means any thing described in Schedule 2C as software or technology, other than any thing for the time being specified in—

[^F87 “dual-use goods” means—

“dual-use technology” means any thing for the time being specified in Annex I of the Dual-Use Regulation which is described as software or technology; ^F87]

[^F85 “ gold ” has the meaning given to it in paragraph 3 of Schedule 2J; ^F85]

[^F85 “ gold jewellery ” has the meaning given to it in paragraph 4 of Schedule 2J; ^F85]

[^F86 “ internal repression goods ” means—

[^F86 “ internal repression technology ” means any thing which is described in Schedule 2 as software or technology, within the meaning of that Schedule; ^F86]

[^F86 “ iron and steel products ” has the meaning given to it in Schedule 2B; ^F86]

[^F86 “ luxury goods ” means any thing specified in Schedule 2E, other than any thing for the time being specified in—

[^F85 “ machinery-related goods ” means any thing falling within Part 2 of Schedule 2I, other than—

[^F85 “ machinery-related technology ” means any thing described in Part 2 of Schedule 2I as software or technology, other than any thing for the time being specified in—

[^F86 “ military goods ” means—

[^F86 “ military technology ” means any thing for the time being specified in Schedule 2 to the Export Control Order 2008 which is described as software or technology; ^F86]

[^F86 “ mineral products ” has the meaning given to it in Schedule 2B; ^F86]

[^F86 “ oil refining goods ” means—

[^F86 “ oil refining technology ” means any thing described in Schedule 2F as software or technology, other than any thing for the time being specified in —

“potash” has the meaning given to it in Schedule 2B;

^F88...

[^F86 “ quantum computing and advanced materials goods ” means—

[^F86 “ quantum computing and advanced materials technology ” means any thing described in Schedule 2G as software or technology, other than anything for the time being specified in—

[^F85 “ relevant processed gold ” means gold which—

[^F85 “ rubber ” has the meaning given to it in paragraph 5 of Schedule 2J; ^F85]

“ technical assistance ”, in relation to goods or technology, means—

[^F89 “tobacco industry goods” has the meaning given to it in Schedule 2B; ^F89]

“ transfer ” has the meaning given by paragraph 37 of Schedule 1 to the Act[^F90 ; ^F90]

[^F85 “ wood ” has the meaning given to it in paragraph 6 of Schedule 2J. ^F85]

[^F91 (3A) The definition of “chemical and biological weapons-related goods” does not apply to anything specified in Schedule 2H—

(a)which is—

(i)a pharmaceutical formulation designed for human administration in the treatment of a medical condition, and

(ii)pre-packaged for distribution as a medicinal product, or

(b)which is a medical device.^F91]

^F92(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 2 [^F93Exports to Belarus and related activities^F93]

Export of [^F94goods to, or for use in, Belarus^F94] _I37,I38

[^F95 21.—(1) The export of the following goods to or for use in Belarus is prohibited—

[^F96 (a)banknotes;

(b)chemical and biological weapons-related goods;

(c)critical-industry goods;

(d)dual-use goods;

(e)interception and monitoring goods;

(f)internal repression goods;

(g)luxury goods;

(h)machinery-related goods;

(i)military goods;

(j)oil refining goods;

(k)quantum computing and advanced materials goods;

(l)tobacco industry goods.^F96]

(2) Paragraph (1) is subject to Part 6 (Exceptions and licences).^F95]

Supply and delivery of [^F97goods from a third country to Belarus^F97] _I39,I40

[^F98 22.—(1) A person must not directly or indirectly supply or deliver the following goods from a third country to a place in Belarus—

[^F99 (a)banknotes;

(b)chemical and biological weapons-related goods;

(c)critical-industry goods;

(d)dual-use goods;

(e)interception and monitoring goods;

(f)internal repression goods;

(g)luxury goods;

(h)machinery-related goods;

(i)military goods;

(j)oil refining goods;

(k)quantum computing and advanced materials goods;

(l)tobacco industry goods.^F99]

(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 goods were destined (or ultimately destined) for Belarus.

(4) In this regulation, “ third country ” means a country that is not the United Kingdom, the Isle of Man or Belarus. ^F98]

[^F100Making available goods and technology to a person connected with, or for use in, Belarus^F100] _I41,I42

[^F101 23.—(1) A person must not—

(a)directly or indirectly make goods or technology to which this paragraph applies available to a person connected with Belarus;

(b)directly or indirectly make goods or technology to which this paragraph applies available for use in Belarus.

(1A) Paragraph (1) applies to—

[^F102 (a)banknotes;

(b)chemical and biological weapons-related goods and chemical and biological weapons-related technology;

(c)critical-industry goods and critical-industry technology;

(d)dual-use goods and dual-use technology;

(e)interception and monitoring goods and interception and monitoring technology;

(f)internal repression goods and internal repression technology;

(g)luxury goods;

(h)machinery-related goods and machinery-related technology;

(i)military goods and military technology;

(j)oil refining goods and oil refining technology;

(k)quantum computing and advanced materials goods and quantum computing and advanced materials technology;

(l)tobacco industry goods.^F102]

(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 the 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 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 or technology were for use in Belarus.^F101]

Transfer of [^F103technology to a place in, or person connected with, Belarus^F103] _I43,I44

24.—(1) A person must not—

(a)transfer[^F104 technology to which this paragraph applies^F104] to a place in Belarus;

(b)transfer[^F105 technology to which this paragraph applies^F105] to a person connected with[^F106 Belarus.^F106]

[^F107 (1A) Paragraph (1) applies to—

[^F108 (a)chemical and biological weapons-related technology;

(b)critical-industry technology;

(c)dual-use technology;

(d)interception and monitoring technology;

(e)internal repression technology;

(f)machinery-related technology;

(g)military technology;

(h)oil refining technology;

(i)quantum computing and advanced materials technology.^F108,F107]]

(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 the offence of contravening paragraph (1)(a) to show that the person did not know and had no reasonable cause to suspect that the transfer was to a place in Belarus;

(b) it is a defence for a person charged with the offence of contravening paragraph (1)(b) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Belarus.

[^F109Provision 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. ^F109]

Technical assistance relating to [^F110certain goods and technology^F110] _I45,I46

25.—(1) A person must not directly or indirectly provide technical assistance relating to [^F111goods or technology to which this paragraph applies^F111] —

(a)to a person connected with Belarus, or

(b)for use in Belarus.

[^F112 (1A) Paragraph (1) applies to—

[^F113 (a)chemical and biological weapons-related goods and chemical and biological weapons-related technology;

(b)critical-industry goods and critical-industry technology;

(c)dual-use goods and dual-use technology;

(d)interception and monitoring goods and interception and monitoring technology;

(e)internal repression goods and internal repression technology;

(f)machinery-related goods and machinery-related technology;

(g)military goods and military technology;

(h)oil refining goods and oil refining technology;

(i)quantum computing and advanced materials goods and quantum computing and advanced materials technology.^F113,F112]]

(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 the 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 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 or technology were for use in Belarus.

Financial services and funds relating to [^F114certain arrangements^F114] _I47,I48

26.—(1) A person must not directly or indirectly provide, to a person connected with Belarus, financial services in pursuance of or in connection with an arrangement whose object or effect is—

(a)the export of [^F115relevant^F115] goods,

(b)the direct or indirect supply or delivery of [^F115relevant^F115] goods,

(c)directly or indirectly making [^F115relevant^F115] goods or [^F115relevant^F115] technology available to a person,

(d)the transfer of [^F115relevant^F115] technology, or

(e)the direct or indirect provision of technical assistance relating to [^F115relevant^F115] goods or [^F115relevant^F115] technology.

(2) A person must not directly or indirectly make funds available to a person connected with Belarus 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 [^F116relevant^F116] goods to, or for use in, Belarus,

(b)the direct or indirect supply or delivery of [^F116relevant^F116] goods to a place in Belarus,

(c)directly or indirectly making [^F116relevant^F116] goods or [^F116relevant^F116] technology available—

(i)to a person connected with Belarus, or

(ii)for use in Belarus,

(d)the transfer of [^F116relevant^F116] technology—

(i)to a person connected with Belarus, or

(ii)for use in Belarus, or

(e)the direct or indirect provision of technical assistance relating to [^F116relevant^F116] goods or [^F116relevant^F116] technology—

(i)to a person connected with Belarus,

(ii)for use in Belarus.

(4) Paragraphs (1) to (3) are subject to Part 6 (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 Belarus;

(b)it is a defence for a person charged with an offence of contravening a prohibition in 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.

[^F117 (6) In this regulation—

“ relevant goods ” means—

“ relevant technology ” means—

Brokering services: [^F118certain arrangements relating to non-UK activities^F118] _I49,I50

27. —(1) A person must not directly or indirectly provide brokering services in relation to an arrangement (“arrangement A”) whose object or effect is—

(a)the direct or indirect supply or delivery of [^F119relevant^F119] goods from a third country to a place in Belarus,

(b)directly or indirectly making [^F119relevant^F119] goods available in a third country for direct or indirect supply or delivery—

(i)to a person connected with Belarus, or

(ii)to a place in Belarus,

(c)directly or indirectly making [^F119relevant^F119] technology available in a third country for transfer—

(i)to a person connected with Belarus, or

(ii)to a place in Belarus,

(d)the transfer of [^F119relevant^F119] technology from a place in a third country—

(i)to a person connected with Belarus, or

(ii)to a place in Belarus,

(e)the direct or indirect provision, in a non-UK country, of technical assistance relating to [^F119relevant^F119] goods or [^F119relevant^F119] technology—

(i)to a person connected with Belarus, or

(ii)for use in Belarus,

(f)the direct or indirect provision, in a non-UK country, of financial services—

(i)to a person connected with Belarus, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 26(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 26(3),

(g)directly or indirectly making funds available, in a non-UK country, to a person connected with Belarus where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 26(1), or

(h)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 26(3).

(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 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.

(4) In this regulation—

“ non-UK country ” means a country that is not the United Kingdom;

[^F120 “relevant goods” and “relevant technology” have the meanings given in regulation 26; ^F120]

“ third country ” means—

^F121CHAPTER 2A Dual-use goods, dual-use technology and related activities

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

[^F122CHAPTER 2B [^F123Imports from Belarus and related activities^F123]

Import of [^F124goods originating in, or consigned from, Belarus^F124]

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—

[^F125 (za)aluminium;^F125]

[^F126 (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.^F126]

(4) Paragraphs (1) and (2) are subject to Part 6 (Exceptions and licences).

[^F127 (5) In this regulation [^F128 , regulation 27J and regulation 27K ^F128] “ 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. ^F127]

[^F129 (7) In this Chapter, “ relevant day ” means the day on which this paragraph comes into force. ^F129]

Acquisition of [^F130goods connected to Belarus^F130]

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—

[^F131 (za)aluminium.^F131]

[^F132 (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.^F132]

(3) A person must not directly or indirectly acquire potash [^F133 , military goods or military technology^F133] 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 [^F134goods to places outside the UK^F134]

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.

[^F135 (3) Paragraph (1) applies to—

[^F136 (za)aluminium;^F136]

[^F137 (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.^F137]

(3A) Paragraph (2) applies to—

[^F138 (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.^F138,F135]]

(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 [^F139certain activities^F139]

27L.—(1) A person must not directly or indirectly provide technical assistance relating to—

(a)the import of [^F140 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 [^F141 , wood or aluminium^F141,F140]] which—

(i)originate in Belarus, or

(ii)are consigned from Belarus;

(b)the direct or indirect acquisition of [^F142 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 [^F143 , wood or aluminium^F143,F142]] —

(i)originating in Belarus, or

(ii)located in Belarus;

(c)the direct or indirect supply or delivery of [^F144 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 [^F145 , wood or aluminium^F145,F144]] from a place in Belarus to a third country;

[^F146 (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.^F146]

(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 [^F147certain arrangements^F147]

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 [^F148 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 [^F149 , wood or aluminium^F149,F148]] which—

(i)originate in Belarus, or

(ii)are consigned from Belarus;

(b)the direct or indirect acquisition of [^F150 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 [^F151 , wood or aluminium^F151,F150]] —

(i)originating in Belarus, or

(ii)located in Belarus;

(c)the direct or indirect supply or delivery of [^F152 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 [^F153 , wood or aluminium^F153,F152]] from a place in Belarus to a third country;

[^F154 (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.^F154]

(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 [^F155Other trade prohibitions^F155]

Technical assistance relating to aircraft [^F156and ships^F156]

27N.—(1) A person must not directly or indirectly provide technical assistance to, or for the benefit of, [^F157 any designated person, where the assistance relates to an aircraft or a ship.^F157]

(2) Paragraph (1) does not apply to any technical assistance which is prohibited under [^F158 regulation 25 (technical assistance relating to certain goods and technology).^F158]

(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 [^F159 designated person ^F159] .

[^F160 (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 . ^F160,F122]]

[^F161Enabling 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.^F161]

[^F162CHAPTER 2D Internet services

Preventing provision of internet services to or for the benefit of designated persons

27P.—(1) A person who provides a social media service must take reasonable steps to prevent content that is generated directly on the service, or uploaded to or shared on the service, by a designated person being encountered by a user of the service in the United Kingdom.

(2) A person who provides an internet access service must take reasonable steps to prevent a user of the service in the United Kingdom from accessing, by means of that service, an internet service provided by a designated person.

(3) A person who provides an application store through which an application for an internet service may be downloaded or otherwise accessed must take reasonable steps to prevent a user of the application store in the United Kingdom from downloading or otherwise accessing, by means of that application store, an internet service provided by a designated person.

(4) A person who fails to comply with the requirement in paragraph (1), paragraph (2) or paragraph (3) commits an offence.

(5) In this regulation—

“ content ” means anything communicated by means of an internet service, whether publicly or privately, including written material or messages, oral communications, photographs, videos, visual images, music and data of any description;

“ designated person ” means a person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation;

“ encounter ”, in relation to content, means read, view, hear or otherwise experience content;

“ internet access service ” means a service that provides access to virtually all (or just some) of the end points of the internet;

“ internet service ” means a service that is made available by means of the internet;

“ social media service ” has the meaning given by section 43(3) of the Finance Act 2020 . ^F162]

CHAPTER 3 Further provision

Circumventing etc prohibitions_I51,I52

28.—(1) A person must not intentionally participate in activities knowing that the object or effect of them is, whether directly or indirectly—

(a)to circumvent any of the prohibitions in [^F163Chapter 2 ^F164..., 2B or 2C^F163] of this Part, or

(b)to enable or facilitate the contravention of any such prohibition.

(2) A person who contravenes a prohibition in paragraph (1) commits an offence.

Defences_I53,I54

29.—(1) Paragraph (2) applies where a person relies on a defence under [^F165Chapter 2 ^F166..., 2B or 2C^F165] of this Part.

(2) If evidence is adduced which is sufficient to raise an issue with respect to the defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

[^F167PART 5A 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).^F168]

(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).

[^F169 (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. ^F169]

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.

[^F170 (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).^F170]

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 [^F171 suspension or^F171] 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.

[^F172Registration 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. ^F172]

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.^F173]

(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.

[^F174 (5) In paragraph (A1), “ Belarusian aircraft ” has the same meaning as in regulation 29A. ^F174]

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;

^F175...

“specified” means specified in a direction under regulation 29A.

(2) For the purposes of [^F176 this Part ^F176] , 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.^F167]

[^F177PART 5B 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—

“ 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.