The Export Control (Russia, Crimea and Sevastopol Sanctions) Order 2014
| Year | 2014 |
2014No. 2357
CUSTOMS
The Export Control (Russia, Crimea and Sevastopol Sanctions) Order 2014
2ndSeptember2014
5thSeptember2014
26thSeptember2014
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972( 1) in relation to measures relating to the interruption or reduction, in part or completely, of economic relations with one or more countries which are not member States( 2).
The Secretary of State, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and by sections 1, 2,3,4,5 and 7 of the Export Control Act 2002( 3) makes the following Order.
PART 1
Introductory
Citation, Commencement and Application
1. (1) This Order may be cited as the Export Control (Russia, Crimea and Sevastopol Sanctions) Order 2014 and come into force on 26th September 2014.
(2) An offence may be committed under this Order-
(a) in the United Kingdom by any person;(b) elsewhere by any person who is a United Kingdom person within the meaning of section 11 of the Export Control Act 2002.Interpretation
2. (1) In these Regulations-
"the 1979 Act" means the Customs and Excise Management Act 1979( 4);
"EU authorisation" means an authorisation granted under Articles 2(2), 3 or 4(3) of the Russia Sanctions Regulation;
"the Russia Sanctions Regulation" means Council Regulation (EU) No 833/2014( 5) concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine;
"the Crimea and Sevastopol Regulation" means Council Regulation (EU) No 692/2014( 6) as amended by Council Regulation (EU) No 825/2014( 7) concerning restrictive measures in response to the illegal annexation of Crimea and Sevastopol;
(2) An expression used both in this Order and the Russia Sanctions Regulation or the Crimea and Sevastopol Regulation has the meaning that it bears in those Regulations.
PART 2
Offences in relation to prohibitions in the Russia Sanctions Regulation
Offences related to dual-use goods and technology
3. Unless authorised by an EU authorisation, a person who is knowingly concerned in an activity, other than the export of goods, prohibited by any of the following Articles of the Russia Sanctions Regulation with intent to evade a prohibition in those Articles commits an offence and may be arrested-
(a) Article 2(1) (prohibition on sale etc. of dual-use goods or technology, to any natural or legal person, entity or body in Russia or for use in Russia, if those items are or may be intended, in their entirety or in part, for military use or for a military end-user);(b) Article 4(1)(c) (prohibition on the provision of technical assistance or brokering services related to dual-use goods and technology, to any natural or legal person, entity or body in Russia or for use in Russia, if the items are or may be intended, in their entirety or in part, for military use or for a military end-user);(c) Article 4(1)(d) (prohibition on the provision of financing or financial assistance related to dual-use goods and technology, to any natural or legal person, entity or body in Russia or for use in Russia, if the items are or may be intended, in their entirety or in part, for military use or for a military end-user).Offences related to technologies listed in Annex II
4. (1) Except under the authority of an EU authorisation, equipment and technologies listed in Annex II of the Russia Sanctions Regulation are prohibited to be exported from the United Kingdom, to any natural or legal person, entity or body in Russia or in any other country, if such equipment or technology is for use in Russia.
(2) A person commits an offence and may be arrested if that person-
(a) is concerned in an activity, other than the export of technologies, for which EU authorisation is required by any of the following Articles of the Russia Sanctions Regulation-(i) Article 3(1) (authorisation required for the sale, supply, etc. of technologies as listed in Annex II, to any natural or legal person, entity or body in Russia or in any other country, if such equipment or technology is for use in Russia);(ii) Article 4(3)(a)(authorisation required for the provision of technical assistance or brokering services related to technologies listed in Annex II, to any natural or legal person, entity or body in Russia or, if such assistance concerns technologies for use in Russia, to any person, entity or body in any other country);(iii) Article 4(3)(b)(authorisation required for the provision of financing or financial assistance related to technologies referred to in Annex II, to any natural or legal person, entity or body in Russia or, if such assistance concerns technologies for use in Russia, to any person, entity or body in any other country);(b) does not have the required EU authorisation; and(c) is knowingly concerned in that activity with intent to evade a prohibition in those Articles.Offences related to goods and technology listed in the Common Military List of the European Union
5. A person who is knowingly concerned in an activity prohibited by any of the following Articles of the Russian Regulation with intent to evade a prohibition in those Articles commits an offence and may be arrested-
(a) Article 4(1)(a) (prohibition on provision of technical assistance or brokering services related to the goods and technology listed in the Common Military List, to any natural or legal person, entity or body in Russia or for use in Russia);(b) Article 4(1)(b) (prohibition on the provision of financing or financial assistance related to the goods and technology listed in the Common Military List, to any natural or legal person, entity or body in Russia or for use in Russia).PART 3
Offences in relation to prohibitions in the Crimea and Sevastopol Regulation
Offences related to the financing of imports of Crimean and Sevastopol goods
6. A person who is knowingly concerned in an activity prohibited by Article 2 (b) of the Crimea and Sevastopol Regulation (prohibition on the provision of financing or financial assistance as well as insurance and reinsurance related to the import of goods originating in Crimea or Sevastopol) with intent to evade a prohibition in that Article commits an offence and may be arrested.
Offences related to restrictions on financing certain enterprises
7. A person who is knowingly concerned in an activity prohibited by any of the following Articles of the Crimea and Sevastopol Regulation with intent to evade a prohibition in those Articles commits an offence and may be arrested-
(a) Article 2a(1)(a) (prohibition on the granting of any financial loan or credit relating to the creation etc. of infrastructure in the areas of transport, telecommunications or energy in Crimea or Sevastopol);(b) Article 2a(1)(b) (prohibition on the acquisition or extension of a participation in enterprises established in Crimea or Sevastopol that are engaged in the creation etc. of infrastructure in the areas of transport, telecommunications or energy in Crimea or Sevastopol);(c) Article 2a(1)(c) (prohibition on the creation of a joint venture relating the creation etc. of infrastructure in the areas of transport, telecommunications or energy in...To continue reading
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