The Russia (Sanctions) (EU Exit) (Amendment) (No. 9) Regulations 2022
| Jurisdiction | UK Non-devolved |
| Citation | SI 2022/477 |
| Year | 2022 |
2022 No. 477
Sanctions
The Russia (Sanctions) (EU Exit) (Amendment) (No. 9) Regulations 2022
Made 27th April 2022
Laid before Parliament 27th April 2022
Coming into force 29th April 2022
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, 5, 9(2), 10(2), 16, 17, 45, 54(1) and (2) of, and paragraphs 11(a)(i) and 20 of Schedule 1 to, that Act:
Citation and commencement
1.—(1) These Regulations may be cited as the Russia (Sanctions) (EU Exit) (Amendment) (No. 9) Regulations 2022.
(2) These Regulations come into force on 29th April 2022.
PART 1
General
Amendment of the Russia (Sanctions) (EU Exit) Regulations 2019
2. The Russia (Sanctions) (EU Exit) Regulations 20193are amended as set out in regulations 3 to 11.
Interpretation
3. In regulation 2 (interpretation), after the definition of “non-government controlled Ukrainian territory” insert—
“
“OFCOM” means the Office of Communications;
PART 2
Trade sanctions
Designation of persons
4. In Part 2 (Designation of persons)—
(a) in regulation 5(1), after sub-paragraph (bza) insert—
“
(bzb)
(bzb) regulation 54A (internet services);
”;
(b) in regulation 5(1A), after sub-paragraph (d) insert—
“
(da)
(da) regulation 54A (internet services);
Trade: internet services
5. In Part 5 (Trade), after Chapter 6 (other services relating to non-government controlled Ukrainian territory) insert—
“
CHAPTER 6A
Internet services
Preventing provision of internet services to or for the benefit of designated persons
54A.—(1) A person who provides a social media service must take reasonable steps to prevent content that is generated directly on the service, or uploaded to or shared on the service, by a designated person being encountered by a user of the service in the United Kingdom.
(2) A person who provides an internet access service must take reasonable steps to prevent a user of the service in the United Kingdom from accessing, by means of that service, an internet service provided by a designated person.
(3) A person who provides an application store through which an application for an internet service may be downloaded or otherwise accessed must take reasonable steps to prevent a user of the application store in the United Kingdom from downloading or otherwise accessing, by means of that application store, an internet service provided by a designated person.
(4) A person who fails to comply with the requirement in paragraph (1), paragraph (2) or paragraph (3) commits an offence.
(5) In this regulation—
“content” means anything communicated by means of an internet service, whether publicly or privately, including written material or messages, oral communications, photographs, videos, visual images, music and data of any description;
“designated person” means a person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation;
“encounter”, in relation to content, means read, view, hear or otherwise experience content;
“internet access service” means a service that provides access to virtually all (or just some) of the end points of the internet;
“internet service” means a service that is made available by means of the internet;
“social media service” has the meaning given by section 43(3) of the Finance Act 20205.
PART 3
Information and records
6. In Part 8 (Information and records), in regulation 75 (trade: application of information powers in CEMA6), in paragraph (2), in sub-paragraph (a), for “6” substitute “6A”.
7. After regulation 77 (general trade licences: inspection of records) insert—
“
Internet services: power to request information and produce documents
77A.—(1) OFCOM may request a person to provide information within paragraph (2) if OFCOM believe that the person may be able to provide the information.
(2) Information within this paragraph is such information as OFCOM may reasonably require for the purpose of monitoring compliance with or detecting evasion of regulation 54A (preventing provision of certain internet services to or for the benefit of designated persons).
(3) OFCOM may specify the way in which, and the period within which, information is to be provided.
(4) If no such period is specified, the information which has been requested must be provided within a reasonable time.
(5) A request may include a continuing obligation to keep OFCOM informed as circumstances change, or on such regular basis as OFCOM may specify.
(6) A request may include a request to produce specified documents or documents of a specified description.
(7) Where OFCOM request that documents be produced, OFCOM may—
(a)
(a) take copies of or extracts from any document so produced,
(b)
(b) request any person producing a document to give an explanation of it, and
(c)
(c) where that person is a body corporate, partnership or unincorporated body other than a partnership, request any person who is—
(i) in the case of a partnership, a present or past partner or employee of the partnership, or
(ii) in any other case, a past or present officer or employee of the body concerned,
to give such an explanation.
Internet services: information offences
77B.—(1) A person commits an offence, if that person—
(a)
(a) without reasonable excuse, refuses or fails within the time and in the manner specified (or, if no time has been specified, within a reasonable time) to comply with any request under regulation 77A;
(b)
(b) knowingly or recklessly gives any information, or produces any document, which is false in a material particular in response to such a...
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