Citation and commencement

1. —(1) These Regulations may be cited as the Russia (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2023.

(2) These Regulations come into force on 20th June 2023.

Amendments to the Russia (Sanctions) (EU Exit) Regulations 2019

2.The Russia (Sanctions) (EU Exit) Regulations 2019( 2 ) are amended in accordance with the following regulations.

Interpretation

3. In regulation 2 (interpretation)—

(a) omit the definition of “non-government controlled areas of the Donetsk and Luhansk oblasts”;

(b) in the appropriate place insert—

“ “ non-government controlled areas of the Donetsk, Kherson Luhansk and Zaporizhzhia oblasts ” means the parts of the Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts which are for the time being controlled by an authority other than the Government of Ukraine; ”

(c) for the definition of “non-government controlled Ukrainian territory” substitute—

“ “ non-government controlled Ukrainian territory ” means Crimea and non-government controlled areas of the Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts; ” .

Purposes

4. In regulation 4 (purposes)—

(a) after “for the purposes of” insert “—” ;

(b) the remaining text becomes paragraph (a);

(c) after that paragraph insert—

“ (b) promoting the payment of compensation by Russia for damage, loss or injury suffered by Ukraine on or after 24th February 2022 as a result of Russia’s invasion of Ukraine. ”

Export of relevant restricted goods to non-government controlled Ukrainian territory

5. For regulation 30B (export of relevant restricted goods) substitute—

“ 30B. —(1) The export of relevant restricted goods to, or for use in, Crimea is prohibited.

(2) The export of relevant restricted goods to, or for use in, non-government controlled areas of the Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts is prohibited.

(3) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences).

(4) It is a defence for a person charged with the offence under section 68(1) (offences in relation to exportation of prohibited or restricted goods) of CEMA in relation to the prohibition in paragraph (2) to show that they did not know and had no reasonable cause to suspect that the export was, or would have been, to, or the goods were for use in, non-government controlled areas of the Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts. ”

Export of infrastructure-related goods to non-government controlled Ukrainian territory

6. For regulation 48 (export of infrastructure-related goods to non-government controlled Ukrainian territory) substitute—

“ 48. —(1) The export of infrastructure-related goods to, or for use in, Crimea is prohibited.

(2) The export of infrastructure-related goods to, or for use in, non-government controlled areas of the Donetsk Kherson, Luhansk and Zaporizhzhia oblasts is prohibited.

(3) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences).

(4) It is a defence for a person charged with the offence under section 68(1) (offences in relation to exportation of prohibited or restricted goods) of CEMA in relation to the prohibition in paragraph (2) to show that they did not know and had no reasonable cause to suspect that the export was, or would have been, to, or the goods were for use in, non-government controlled areas of the Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts. ”

Export of restricted goods

7. In regulation 53A (application of prohibitions and requirements in Chapter 2 of Part 5 to non-government controlled Ukrainian territory)—

(a) the existing text becomes paragraph (1);

(b) after that paragraph insert—

“ (2) Paragraph (3) applies where the person is charged with the offence under section 68(1) (offences in relation to exportation of prohibited or restricted goods) of CEMA in relation to exportation of goods to, or for use in, non-government controlled areas of the Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts which is or would be contrary to the prohibition in regulation 22(1) (export of restricted goods), as it has effect by virtue of this regulation.

(3) It is a defence for a person charged with the offence mentioned in paragraph (2) to show that the person did not know and had no reasonable cause to suspect that the export was, or would have been, to, or the goods were for use in, non-government controlled areas of the Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts. ”

Ports directions

8. In regulation 57 (Crimean ports direction or Donetsk ports direction)—

(a) for the heading, substitute “Crimean ports direction, Donetsk ports direction or Kherson and Zaporizhzhia ports direction” ;

(b) in paragraph (1), for “Crimean ports direction or a Donetsk ports direction” substitute “Crimean ports direction, a Donetsk ports direction or a Kherson and Zaporizhzhia ports direction” ;

(c) after paragraph (2A) insert—

“ (2B) In this regulation, a “Kherson and Zaporizhzhia ports direction” is a direction prohibiting a ship from entering a port or any ports located in non-government controlled areas of the Kherson and Zaporizhzhia oblasts. ” ;

(d) in paragraph (4), for “Crimean ports direction or a Donetsk ports direction” substitute “Crimean ports direction, a Donetsk ports direction or a Kherson and Zaporizhzhia ports direction” ;

(e) in paragraph (5), for “Crimean ports direction or a Donetsk ports direction” substitute “Crimean ports direction, a Donetsk ports direction or a Kherson and Zaporizhzhia ports direction” .

Exceptions relating to investments in relation to non-government controlled Ukrainian territory

9. In regulation 60 (exceptions relating to investments in relation to non-government controlled Ukrainian territory), after paragraph (3)(b), insert—

“ (c) in the case of investments in relation to non-government controlled areas of the Kherson and Zaporizhzhia oblasts, 20th June 2023. ”

Trade: exception for humanitarian assistance activity

10. In regulation 61ZA (trade: exception for humanitarian assistance activity in non-government controlled areas of the Donetsk and Luhansk oblasts)—

(a) in the heading, for “Donetsk and Luhansk oblasts” substitute “Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts” ;

(b) in paragraph (1), for “Donetsk and Luhansk oblasts” substitute “Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts” ;

(c) in paragraph (2), in the definition of “humanitarian assistance activity” for “Donetsk and Luhansk oblasts” substitute “Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts” .

Penalties for offences

11. In regulation 80(1) (penalties for offences), for “57 (Crimean ports direction or Donetsk ports direction)” substitute “57 (Crimean ports direction, Donetsk ports direction or Kherson and Zaporizhzhia ports direction)” .

Maritime enforcement

12. In regulation 89(2)(ba) (exercise of maritime enforcement powers), for “non-government controlled Ukrainian technology” substitute “non-government controlled Ukrainian territory” .