The Republic of Belarus (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2021

JurisdictionUK Non-devolved
CitationSI 2021/1146

2021 No. 1146

Sanctions

The Republic of Belarus (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2021

Made 11th October 2021

Laid before Parliament 14th October 2021

Coming into force 14th October 2021

The Secretary of State1, considering that the requirements of section 45(2) of the Sanctions and Anti-Money Laundering Act 20182are met, makes the following Regulations in exercise of the powers conferred by sections 1, 3(1)(b)(iii), 3(1)(d)(iii), 3(1)(e)(iii), 5, 6(2), (3), (6)(a)(ii) and (b) and (7), 9(2)(a), 10(2)(a) and (c), 11, 15(2)(a) and (b), (3) and (6), 16, 17, 19, 20, 21(1), 45, 54(1) and (2) and 62(5) and (6) of, and paragraphs 2(a)(ii) and (b), 3(a) and (b), 4(a)(ii), (b), (c) and (d), 5(a)(ii) and (b), 6(a)(ii) and (b), 7(a)(ii) and (b), 11(a)(i), (ii) and (iii), 13(a), (b), (c), (h), (i), (k), (l), (m), (n), (p), (q) and (w), 14(a), (f) and (k), 17, 19 to 23 and 27 of Schedule 1 to, that Act.

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1.—(1) These Regulations may be cited as the Republic of Belarus (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2021.

(2) These Regulations come into force at noon on 14th October 2021.

1 General

PART 1

General

Amendment of the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019
S-2 Amendment of the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019

Amendment of the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019

2. The Republic of Belarus (Sanctions) (EU Exit) Regulations 20193are amended as set out in regulations 3 to 38.

Interpretation
S-3 Interpretation

Interpretation

3.—(1) Regulation 2 (interpretation) is renumbered as paragraph (1) of that regulation.

(2) In regulation 2(1) as so renumbered—

(a)

(a) after the definition of “the Act”, insert—

““the Amendment Regulations 2021” means the Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 20214;”;

(b)

(b) after the definition of “conduct”, insert—

““consular post” has the same meaning as in the Vienna Convention on Consular Relations done at Vienna on 24 April 19635, and any reference to the functions of a consular post is to be read in accordance with that Convention;

“diplomatic mission”, and any reference to the functions of a diplomatic mission, are to be read in accordance with the Vienna Convention on Diplomatic Relations done at Vienna on 18 April 19616;”;

(c)

(c) after the definition of “the Government of Belarus”, insert—

““humanitarian assistance activity” includes the work of international and non-governmental organisations carrying out humanitarian and relief activities in Belarus for the benefit of the civilian population of Belarus;”;

(d)

(d) in the definition of “Treasury licence”, for “32(1)”, substitute “32”.

(3) After regulation 2(1) as renumbered pursuant to paragraph (1), insert—

S-2

“2 For the purposes of Part 5 (Trade) and Part 5A (Aircraft), a person is to be regarded as “connected with” Belarus if the person is—

(a) an individual who is, or an association or combination of individuals who are, ordinarily resident in Belarus,

(b) an individual who is, or an association or combination of individuals who are, located in Belarus,

(c) a person, other than an individual, which is incorporated or constituted under the law of Belarus, or

(d) a person, other than an individual, which is domiciled in Belarus.”

Application of prohibitions and requirements outside the United Kingdom
S-4 Application of prohibitions and requirements outside the United Kingdom

Application of prohibitions and requirements outside the United Kingdom

4. In regulation 3 (application of prohibitions and requirements outside the United Kingdom)—

(a) in paragraph (3)(c), omit “or”;

(b) after paragraph (3)(c) insert—

“(ca)

“(ca) by regulation 29C(6) (disclosure of confidential information), or”;

(c) in paragraph (5), after “relevant requirement”, insert “or a requirement imposed by a direction under regulation 29A(2) (direction by air traffic control to operator or pilot of Belarusian aircraft),”.

2 Designation of persons

PART 2

Designation of persons

Power to designate persons
S-5 Power to designate persons

Power to designate persons

5. In regulation 5(1) (power to designate persons)—

(a) in sub-paragraph (a), omit “and”;

(b) at the end of sub-paragraph (b), for “.”, substitute “; and”;

(c) after sub-paragraph (b), insert—

“(c)

“(c) regulation 27N (technical assistance relating to aircraft).”

Designation criteria
S-6 Designation criteria

Designation criteria

6. In regulation 6 (designation criteria)—

(a) in paragraph (3), after sub-paragraph (d) insert—

“(da)

“(da) providing support for or obtaining an economic benefit from the Government of Belarus;”;

(b) in paragraph (4), for “or Part 5 (Trade)” each time it occurs, substitute “Part 5 (Trade) or Part 5A (Aircraft)”.

3 Finance

PART 3

Finance

Financial sanctions
S-7 Financial sanctions

Financial sanctions

7.—(1) Regulations 10 to 15 (asset-freeze etc.) become Chapter 1 of Part 3 (Finance).

(2) Before regulation 10, insert—

Asset-freeze etc.

Transferable securities etc.

Transferable securities etc.

S-8 After regulation 15 (making economic resources available for...

8. After regulation 15 (making economic resources available for benefit of designated persons), insert—

CHAPTER 2

Other financial restrictions

S-15A

Dealing with transferable securities or money-market instruments

15A.—(1) A person (“P”) must not directly or indirectly deal with a transferable security or money-market instrument falling within paragraph (2) if P knows, or has reasonable cause to suspect, that P is dealing with such a transferable security or money-market instrument.

(2) A transferable security or money-market instrument falls within this paragraph if it—

(a)

(a) has a maturity exceeding 90 days,

(b)

(b) is issued by a relevant person, and

(c)

(c) is issued after the date on which the Amendment Regulations 2021 come into force.

(3) Paragraph (1) is subject to regulation 31 (exception for acts done for purposes of national security or prevention of serious crime).

(4) A person who contravenes the prohibition in paragraph (1) commits an offence.

(5) For the purposes of this regulation, a reference to “dealing with” a transferable security or money-market instrument includes a reference to purchasing or selling the security or instrument, providing investment services relating to the security or instrument, or assisting in the issuance of the security or instrument.

(6) In this regulation—

“investment services” means—

(a) the reception and transmission of orders in relation to one or more financial instruments,

(b) the execution of orders on behalf of clients,

(c) dealing on own account,

(d) portfolio management,

(e) the provision of investment advice,

(f) the underwriting of financial instruments or placing of financial instruments on a firm commitment basis,

(g) the placing of financial instruments without a firm commitment basis, or

(h) any service in relation to the admission to trading on a regulated market or trading on a multilateral trading facility;

“money-market instrument” means an instrument of a kind normally dealt in on the money market, such as treasury bills, certificates of deposit and commercial papers, excluding instruments of payment;

“transferable security” means a security, negotiable on the capital market, of any of the following kinds, but excluding instruments of payment—

(a) shares in companies and other securities equivalent to shares in companies, partnerships or other entities, and depositary receipts in respect of shares;

(b) bonds or other forms of securitised debt, including depositary receipts in respect of such securities;

(c) any other securities giving the right to purchase or sell any security of a kind mentioned in paragraph (a) or (b).

S-15B

Loans and credit arrangements

15B.—(1) A person (“P”) must not directly or indirectly grant a relevant loan if P knows, or has reasonable cause to suspect, that P is granting a relevant loan.

(2) A person must not directly or indirectly enter into any arrangement to grant a relevant loan if the person knows, or has reasonable cause to suspect, that the arrangement relates to a relevant loan.

(3) Paragraphs (1) and (2) are subject to Part 6 (Exceptions and licences).

(4) A person who contravenes a prohibition in paragraph (1) or (2) commits an offence.

(5) In this regulation, “relevant loan” means a loan or credit—

(a)

(a) with a maturity exceeding 90 days,

(b)

(b) made or granted to a relevant person, and

(c)

(c) which is first made or granted at any time after the date on which the Amendment Regulations 2021 come into force.

S-15C

Insurance and reinsurance services

15C.—(1) A person (“P”) must not provide insurance or reinsurance services to a person falling within paragraph (2) if P knows, or has reasonable cause to suspect, that P is providing such services to such a person.

(2) The following persons fall within this paragraph—

(a)

(a) Belarus;

(b)

(b) a Belarusian authority;

(c)

(c) a person, other than an individual, which is wholly owned by Belarus or a Belarusian authority;

(d)

(d) a person acting on behalf of or at the direction of a person within sub-paragraphs (a) to (c).

(3) Paragraph (1) is subject to Part 6 (Exceptions and licences).

(4) A person who contravenes the prohibition in paragraph (1) commits an offence.

(5) Nothing in this regulation prohibits compliance with an insurance or reinsurance agreement concluded before the date on which the Amendment Regulations 2021 come into force.

(6) For the purposes of this regulation—

(a)

(a) “insurance and reinsurance services” include the provision of services relating to the extension or renewal of an insurance or reinsurance agreement, except where there is an obligation, which arose before the date on which the Amendment Regulations 2021 come into force, of the insurer or re-insurer to accept the extension or renewal;

(b)

(b) paragraph (2)(d) does not include any...

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