OpenLegislation

Regulation 26 Financial services and funds relating to certain arrangementsF4I1I2

United Kingdom

(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 F1relevant goods,

(b)

the direct or indirect supply or delivery of relevant goods,

(c)

directly or indirectly making relevant goods or relevant technology available to a person,

(d)

the transfer of relevant technology, or

(e)

the direct or indirect provision of technical assistance relating to relevant goods or relevant 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 F2relevant goods to, or for use in, Belarus,

(b)

the direct or indirect supply or delivery of relevant goods to a place in Belarus,

(c)

directly or indirectly making relevant goods or relevant technology available—

(i)

to a person connected with Belarus, or

(ii)

for use in Belarus,

(d)

the transfer of relevant 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 relevant goods or relevant 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.

F3(6)

In this regulation—

  • “relevant goods” means—

    1. (a)

      chemical and biological weapons-related goods;

    2. (b)

      critical-industry goods;

    3. (c)

      dual-use goods;

    4. (d)

      interception and monitoring goods;

    5. (e)

      internal repression goods;

    6. (f)

      machinery-related goods;

    7. (g)

      military goods;

    8. (h)

      oil refining goods;

    9. (i)

      quantum computing and advanced materials goods;

  • “relevant technology” means—

    1. (a)

      chemical and biological weapons-related technology;

    2. (b)

      critical-industry technology;

    3. (c)

      dual-use technology;

    4. (d)

      interception and monitoring technology;

    5. (e)

      internal repression technology;

    6. (f)

      machinery-related technology;

    7. (g)

      military technology;

    8. (h)

      oil refining technology;

    9. (i)

      quantum computing and advanced materials technology.

Annotations

Textual amendments

F1

Word in reg. 26(1) substituted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 17(g)(ii)

F2

Word in reg. 26(3) substituted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 17(g)(ii)

F3

Reg. 26(6) substituted (9.6.2023) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/616), regs. 1(2), 8(f)

F4

Words in reg. 26 heading substituted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 17(g)(i)

Commencement

I1

Reg. 26 not in force at made date, see reg. 1(2)

I2

Reg. 26 in force at 31.12.2020 by S.I. 2019/627, reg. 12(2); 2020 c. 1, Sch. 5 para. 1(1)

Notes on Chapter 2

Textual amendments

F1

Pt. 5 Ch. 2 heading substituted (5.7.2022) by The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (S.I. 2022/748), regs. 1(2), 17(a)