The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2023
| Jurisdiction | UK Non-devolved |
| Year | 2023 |
| Citation | SI 2023/616 |
2023 No. 616
Sanctions
The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2023
Made 6th June 2023
Laid before Parliament 8th June 2023
Coming into force 9th June 2023
The Secretary of State1, considering that the condition in section 45(2) of the Sanctions and Anti-Money Laundering Act 20182is met, makes the following Regulations in exercise of the powers conferred by sections 1, 3(1)(b)(ii) and (iii), (c)(ii) and (iii), d(ii) and (iii) and (f), 5, 9(2), 10(2), 11(5), 11(6)(b), 15(2)(a), 16, 17, 45, 54(1) and (2) of, and paragraphs 2(b), 3(a) and (b), 4(b), (c) and (d), 5(a)(ii) and (b), 6(a)(ii) and (b), 7(b), 11(a)(i) and (ii), 13(b), (c), (i), (m), (n) and (q), 14(a), 17, 19(a), 20 to 22 and 27 of Schedule 1 to, that Act.
PART 1
General
Citation and commencement
1.—(1) These Regulations may be cited as the Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2023.
(2) These Regulations come into force on 9th June 2023.
Amendments to 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 22.
Amendment to regulation 2 (interpretation)
3. In regulation 2(1), after the definition of “humanitarian assistance activity” insert—
“
“OFCOM” means the Office of Communications;
PART 2
Designation
Amendments to regulation 5 (designation of persons)
4. In regulation 5—
(a) in paragraph (1), after sub-paragraph (c) insert—
“
(ca)
(ca) regulation 27P (internet services);
”;
(b) in paragraph (1A), after sub-paragraph (c) insert—
“
(ca)
(ca) regulation 27P (internet services);
Amendments to regulation 6 (criteria: meaning of “involved person”)
5. In regulation 6—
(a) in paragraph (3A)—
(i) in sub-paragraph (c), after “Belarus,” omit “or”;
(ii) in sub-paragraph (d)(ii), after “sub-paragraph (b) or (c)” for “.” substitute “;”;
(iii) after sub-paragraph (d), insert—
“
(e)
(e) holding the right, directly or indirectly, to nominate at least one director (whether executive or non-executive), trustee or equivalent of—
(i) a Government of Belarus-affiliated entity, or
(ii) a person, other than an individual, which falls within sub-paragraph (b) or (c).
”;
(b) after paragraph (3A), insert—
“
3B For the purposes of this regulation, a person is involved in “conduct destabilising Ukraine or undermining or threatening the territorial integrity, sovereignty or independence of Ukraine” or “obtaining a benefit from or supporting the Government of Belarus through carrying on a relevant business activity” if they work for, or are affiliated to, the Government of Belarus, as—
(a) an aide or adviser to the President of Belarus;
(b) a head or deputy head of any public body, service or committee subordinate to the President of Belarus or the Council of Ministers of the Republic of Belarus, including the Administration of the President of the Republic of Belarus;
(c) a member of the Security Council of Belarus;
(d) a Prime Minister, First Deputy Prime Minister or Deputy Prime Minister of Belarus;
(e) a Minister or Deputy Minister of any Ministry of Belarus;
(f) a Chairperson or member of the Board of Directors of the National Bank of the Republic of Belarus;
(g) a head or deputy head of the Minsk City Executive Committee or any Regional Executive Committee;
(h) a head or deputy head of any other public body, committee or agency of the Government of Belarus;
(i) a member of the armed forces or law-enforcement organs of Belarus holding a rank of Lieutenant-Colonel, or equivalent, or higher;
(j) a member of the Belarussian security and intelligence services of the rank of Lieutenant-Colonel, or equivalent, or higher; or
(k) a director or manager, or equivalent position or higher, of a Government of Belarus-affiliated entity.
3C In paragraph (2)(d), being “associated with” a person includes—
(a) obtaining a financial benefit or other material benefit from that person;
(b) being an immediate family member of that person.
”;
(c) in paragraph (4), after the definition of “Government of Belarus-affiliated entity”, insert—
“
“immediate family member” means—
(a) a wife or husband;
(b) a civil partner;
(c) a parent or step-parent;
(d) a child or step-child;
(e) a sibling or step-sibling;
(f) a niece or nephew;
(g) an aunt or uncle;
(h) a grandparent;
(i) a grandchild;
PART 3
Financial restrictions
Amendment of regulation 15A (dealing with transferable securities or money-market instruments)
6. In regulation 15A—
(a) in paragraph (2B), for “by a relevant person” substitute—
“
by—
(a)
(a) a relevant person;
(b)
(b) a person, other than an individual, acting on behalf or upon the direction of a person falling within any of sub-paragraphs (a) to (c) of the definition of relevant person in regulation 15D(1)
”;
(b) in paragraph (2C)—
(i) in sub-paragraph (b), after “sub-paragraph (a)” for “.” substitute “; or”;
(ii) after sub-paragraph (b) insert—
“
(c)
(c) a person, other than an individual, acting on behalf or at the direction of a person falling within sub-paragraph (a) or sub-paragraph (b).
PART 4
Trade sanctions
Amendments to regulation 20 (interpretation of other expressions used in this Part)
7. In regulation 20—
(a) in paragraph (3)—
(i) in the definition of “transfer”, after “Schedule 1 to the Act” for “.” substitute “;”;
(ii) insert the following definitions in the appropriate places—
“
“banknotes” means—
(a) sterling denominated banknotes issued by the Bank of England and banks in Scotland and Northern Ireland, and
(b) banknotes denominated in any official currency of the European Union;
”;
“
“cement” has the meaning given to it in paragraph 2 of Schedule 2J;
”;
“
“chemical and biological weapons-related goods” means—
(a) any thing specified in Part 2 of Schedule 2H, other than chemical and biological weapons-related technology (but see paragraph (4)), and
(b) any tangible storage medium on which chemical and biological weapons-related technology is recorded or from which it can be derived;
”;
“
“chemical and biological weapons-related technology” means any thing specified as technology or software in Part 2 of Schedule 2H, other than technology which is—
(a) the minimum necessary for—
(i) the installation, operation, maintenance and repair of any goods which are not subject to a prohibition under this Part, or
(ii) patent applications,
(b) in the public domain,
(c) a medical device, or
(d) used for basic scientific research;
”;
“
“gold” has the meaning given to it in paragraph 3 of Schedule 2J;
”;
“
“gold jewellery” has the meaning given to it in paragraph 4 of Schedule 2J;
”;
“
“machinery-related goods” means any thing falling within Part 2 of Schedule 2I, other than—
(a) any thing which is machinery-related technology, or
(b) any thing for the time being specified in—
(i) Schedule 2 or 3 to the Export Control Order 20084,
(ii) Annex I of the Dual-Use Regulation5, or
(iii) Schedule 2C (critical-industry goods and critical-industry technology);
”;
“
“machinery-related technology” means any thing described in Part 2 of Schedule 2I as software or technology, other than any thing for the time being specified in—
(a) Schedule 3 to the Export Control Order 2008,
(b) Annex I of the Dual-Use Regulation, or
(c) Schedule 2C;
”;
“
“relevant processed gold” means gold which—
(a) has been processed in a third country, and
(b) incorporates gold that, on or after 21st July 2022—
(i) originated in Belarus, and
(ii) has been exported from Belarus;
”;
“
“rubber” has the meaning given to it in paragraph 5 of Schedule 2J;
”;
“
“wood” has the meaning given to it in paragraph 6 of Schedule 2J.
”;
(b) after regulation 20(3), insert—
“
3A The definition of “chemical and biological weapons-related goods” does not apply to anything specified in Schedule 2H—
(a) which is—
(i) a pharmaceutical formulation designed for human administration in the treatment of a medical condition, and
(ii) pre-packaged for distribution as a medicinal product, or
(b) which is a medical device.
Amendments to Chapter 2 of Part 5 (exports to Belarus and related activities)
8. In Chapter 2 of Part 5—
(a) in regulation 21(1) (exports of goods to, or for use in, Belarus), for sub-paragraphs (a) to (i) substitute—
“
(a)
(a) banknotes;
(b)
(b) chemical and biological weapons-related goods;
(c)
(c) critical-industry goods;
(d)
(d) dual-use goods;
(e)
(e) interception and monitoring goods;
(f)
(f) internal repression goods;
(g)
(g) luxury goods;
(h)
(h) machinery-related goods;
(i)
(i) military goods;
(j)
(j) oil refining goods;
(k)
(k) quantum computing and advanced materials goods;
(l)
(l) tobacco industry goods.
”;
(b) in regulation 22(1) (supply and delivery of goods from a third country to Belarus) for sub-paragraphs (a) to (i) substitute—
“
(a)
(a) banknotes;
(b)
(b) chemical and biological weapons-related goods;
(c)
(c) critical-industry goods;
(d)
(d) dual-use goods;
(e)
(e) interception and monitoring goods;
(f)
(f) internal repression goods;
(g)
(g) luxury goods;
(h)
(h) machinery-related goods;
(i)
(i) military goods;
(j)
(j) oil refining goods;
(k)
(k) quantum computing and advanced materials goods;
(l)
(l) tobacco industry goods.
”;
(c) in regulation 23(1A) (making available goods and technology to a person connected with, or for use in, Belarus) for sub-paragraphs (a) to (i) substitute—
“
(a)
...
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