Regulation 9 Insertion of regulations into Part 4 (trade)
After regulation 17, insert—
“Transfer of military technology
18(1)A person must not—
(a)transfer military technology to a place in Haiti;
(b)transfer military technology to a person connected with Haiti.
(2)Paragraph (1) is subject to Part 5 (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 Haiti;
(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 Haiti.
Technical assistance relating to military goods and military technology
19(1)A person must not directly or indirectly provide technical assistance relating to military goods or military technology—
(a)to a person connected with Haiti, or
(b)for use in Haiti.
(2)Paragraph (1) is subject to Part 5 (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 Haiti;
(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 Haiti.
Financial services and funds relating to military goods and military technology
20(1)A person must not directly or indirectly provide, to a person connected with Haiti, financial services in pursuance of or in connection with an arrangement whose object or effect is—
(a)the export of military goods,
(b)the direct or indirect supply or delivery of military goods,
(c)directly or indirectly making military goods or military technology available to a person,
(d)the transfer of military technology, or
(e)the direct or indirect provision of technical assistance relating to military goods or military technology.
(2)A person must not directly or indirectly make funds available to a person connected with Haiti 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 military goods to, or for use in, Haiti,
(b)the direct or indirect supply or delivery of military goods to a place in Haiti,
(c)directly or indirectly making military goods or military technology available—
(i)to a person connected with Haiti, or
(ii)for use in Haiti,
(d)the transfer of military technology—
(i)to a person connected with Haiti, or
(ii)to a place in Haiti, or
(e)the direct or indirect provision of technical assistance relating to military goods or military technology—
(i)to a person connected with Haiti, or
(ii)for use in Haiti.
(4)Paragraphs (1) to (3) are subject to Part 5 (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 Haiti;
(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.
Brokering services: non-UK activity relating to military goods and military technology
21(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 of military goods from a third country to a place in Haiti,
(b)directly or indirectly making military goods available in a third country for direct or indirect supply or delivery—
(i)to a person connected with Haiti, or
(ii)to a place in Haiti,
(c)directly or indirectly making military technology available in a third country for transfer—
(i)to a person connected with Haiti, or
(ii)to a place in Haiti,
(d)the transfer of military technology from a place in a third country—
(i)to a person connected with Haiti, or
(ii)to a place in Haiti,
(e)the direct or indirect provision, in a non-UK country, of technical assistance relating to military goods or military technology—
(i)to a person connected with Haiti, or
(ii)for use in Haiti,
(f)the direct or indirect provision, in a non-UK country, of financial services—
(i)to a person connected with Haiti, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 20(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 20(3),
(g)directly or indirectly making funds available, in a non-UK country, to a person connected with Haiti, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 20(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 20(3).
(2)Paragraph (1) is subject to Part 5 (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;
“third country” means—
- (a)
for the purposes of paragraph (1)(a) and (b), a country that is not the United Kingdom, the Isle of Man or Haiti, and
- (b)
for the purposes of any other provision in paragraph (1), a country that is not the United Kingdom or Haiti.
Enabling or facilitating the conduct of armed hostilities
22(1)A person must not directly or indirectly provide—
(a)technical assistance,
(b)financial services or funds, or
(c)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) or (b),
where such provision enables or facilitates the conduct of armed hostilities in Haiti.
(2)Paragraph (1) is subject to Part 5 (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 armed hostilities in Haiti.
(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 Part 4.”.