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Regulation 46Z38 Brokering services: non-UK activity relating to sectoral software and technologyF1

(1)

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

(a)

directly or indirectly making sectoral software and technology available in a third country for transfer—

(i)

to a person connected with Russia, or

(ii)

to a place in Russia;

(b)

the transfer of sectoral software and technology from a place in a third country—

(i)

to a person connected with Russia, or

(ii)

to a place in Russia;

(c)

the direct or indirect provision, in a non-UK country, of technical assistance relating to sectoral software and technology—

(i)

to a person connected with Russia, or

(ii)

for use in Russia;

(d)

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

(i)

to a person connected with Russia, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 46Z37(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 46Z37(3);

(e)

directly or indirectly making funds available, in a non-UK country, to a person connected with Russia, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 46Z37(1); or

(f)

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 46Z37(3).

(2)

Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3)

A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with that offence to show that the person did not know and had no reasonable cause to suspect that the brokering services were provided in relation to an arrangement mentioned in that paragraph.

(4)

In this regulation—

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

  • “third country” means a country that is not the United Kingdom, the Isle of Man or Russia.

Annotations

Textual amendments

F1

Pt. 5 Ch. 4N inserted (24.4.2025) by The Russia (Sanctions) (EU Exit) (Amendment) Regulations 2025 (S.I. 2025/504), regs. 1(2), 9 (with reg. 17)

Notes on the whole SI

Textual amendments

F1

Regulations extended (British overseas territories) (with modifications) (31.12.2020 immediately after both S.I. 2020/590 and S.I. 2020/951 have come into force) by The Russia (Sanctions) (Overseas Territories) Order 2020 (S.I. 2020/1571), arts. 1(1), 2, Schs. 1, 2 (as amended: (11.3.2021) by S.I. 2021/288, arts. 1(1), 2(2); (14.4.2022) by S.I. 2022/453, arts. 1(1), 3-38; (20.7.2022) by S.I. 2022/843, arts. 1(1), 3; (10.11.2022) by S.I. 2022/1167, arts. 1(1), 3-17; (15.12.2022) by S.I. 2022/1338, arts. 1(1), 3-10; (9.3.2023) by S.I. 2023/291, arts. 1(1), 3-9; (20.7.2023) by S.I. 2023/846, arts. 1(1), 3, 5-22; (30.9.2023) by S.I. 2023/846, arts. 1(2), 4; (14.3.2024) by S.I. 2024/370, arts. 1, 3-13; (3.10.2024) by S.I. 2024/987, arts. 1(1), 3-6; and (11.12.2025) by S.I. 2025/1307, art. 1(1), Sch. 15)