uksi/2019/600 — The Republic of Belarus (Sanctions) (EU Exit) Regulations 2019

2019 No. 600 Exiting The European Union Sanctions The Republic of Belarus (Sanctions) (EU Exit) Regulations 2019 Made 18th March 2019 Laid before Parliament 20th March 2019 Coming into force in accordance with regulation 1(2) The Secretary of State , in exercise of the powers conferred by sections 1(1)(c) and (3)(b), 3(1)(a), (b)(ii), (d)(i) and (ii), 4, 5, 9(2)(a), 10(2)(a) and (c), (3) and (4), 11(2) to (9), 15(2)(a) and (b), (3), (4)(b), (5) and (6), 16, 17(2) to (9), 19, 20, 21(1), 54(1) and (2)(a), 56 and 62(4) to (6) of, and paragraphs 2(b), 4(b) and (c), 5(a)(ii) and (b), 6(a)(ii) and (b), 11(a)(ii), 13(b), (h), (k), (l), (m) and (n), 14(a), (f) and (k), 17(a), 19(a), 20 to 23 and 27 of Schedule 1 to, the Sanctions and Anti-Money Laundering Act 2018 , and having decided, upon consideration of the matters set out in section 2(2) and 56(1) of that Act, that it is appropriate to do so, makes the following Regulations: PART 1 General Citation and commencement 1 1 These Regulations may be cited as the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019. 2 These Regulations come into force in accordance with regulations made under section 56 of the Act. Interpretation 2 1 In these Regulations— “ the Act ” means the Sanctions and Anti-Money Laundering Act 2018; “the Amendment Regulations 2021” means the Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2021; “ the Amendment Regulations 2022 ” means the Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022; “ aircraft licence ” means a licence under regulation 33A; “ arrangement ” includes any agreement, understanding, scheme, transaction or series of transactions, whether or not legally enforceable (but see paragraph 12 of Schedule 1 for the meaning of that term in that Schedule); “ Belarus ” means the Republic of Belarus; “ CEMA ” means the Customs and Excise Management Act 1979 ; “ the Commissioners ” means the Commissioners for Her Majesty's Revenue and Customs; “ conduct ” includes acts and omissions; “consular post” has the same meaning as in the Vienna Convention on Consular Relations done at Vienna on 24 April 1963, 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 1961; “ director disqualification licence ” means a licence under regulation 32A; “ document ” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include producing a copy of the information in legible form; “ the Dual-Use Regulation ” means Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items; “ the EU Belarus Regulation ” means Council Regulation (EC) No 765/2006 of 18 May 2006 concerning restrictive measures in respect of Belarus , as it has effect in EU law; “ the Government of Belarus ” includes its public bodies, corporations or agencies, or any person acting on its behalf or at its direction; “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; “ OFCOM ” means the Office of Communications; “ serious human rights violation or abuse ” means a serious violation or abuse of any of the human rights specified in regulation 4; “ trade licence ” means a licence under regulation 33; “ Treasury licence ” means a licence under regulation 32 ; “ United Kingdom person ” has the same meaning as in section 21 of the Act. 2 For the purposes of Part 3 (Finance), Part 5 (Trade), Part 5A (Aircraft), Part 5B (Ships) and Part 6 (Exceptions and licences) , 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 3 1 A United Kingdom person may contravene a relevant prohibition by conduct wholly or partly outside the United Kingdom. 2 Any person may contravene a relevant prohibition by conduct in the territorial sea. 3 In this regulation a “ relevant prohibition ” means any prohibition imposed— a regulation 9(2) (confidential information), b by Part 3 (Finance), c by Part 5 (Trade), ... ca by regulation 29C(6) (disclosure of confidential information), ... cb by Part 5B (Ships), or d by a condition of a Treasury licence or a trade licence. 4 A United Kingdom person may comply, or fail to comply, with a relevant requirement by conduct wholly or partly outside the United Kingdom. 5 Any person may comply, or fail to comply, with a relevant requirement ... by conduct in the territorial sea. 6 In this regulation a “ relevant requirement ” means any requirement imposed— a by or under Part 7 (Information and records), or by reason of a request made under a power conferred by that Part, b by a condition of a Treasury licence, a trade licence or an aircraft licence , c by a direction under regulation 29A(2) (direction by air traffic control to operator or pilot of Belarusian aircraft), or d by a direction under regulation 29H (movement of ships). 7 Nothing in this regulation is to be taken to prevent a relevant prohibition or a relevant requirement from applying to conduct (by any person) in the United Kingdom. Purposes 4 The purposes of the regulations contained in this instrument that are made under section 1 of the Act are to encourage the Government of Belarus to— a respect democratic principles and institutions, the separation of powers and the rule of law in Belarus, b refrain from actions, policies or activities which repress civil society in Belarus, c investigate properly and institute criminal proceedings against the persons responsible for the disappearances of Yury Zakharanka, Viktar Hanchar, Anatol Krasouski and Dzmitry Zavadski, ... d comply with international human rights law and to respect human rights, including in particular to— i respect the right to life of persons in Belarus; ii respect the right of persons not to be subjected to torture or cruel, inhuman or degrading treatment or punishment in Belarus, including inhuman or degrading conditions in prisons; iii afford persons in Belarus charged with criminal offences the right to a fair trial; iv respect the right to liberty and security, including refraining from the arbitrary arrest and detention of persons in Belarus; v afford journalists, human rights defenders and other persons in Belarus the right to freedom of expression, association and peaceful assembly; vi secure the human rights of persons in Belarus without discrimination, including on the basis of a person's sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. e cease actions destabilising Ukraine or undermining or threatening the territorial integrity, sovereignty or independence of Ukraine, including by supporting or facilitating Russia’s actions in respect of Ukraine, and f refrain from any other action which undermines or threatens peace, security or stability in Europe. PART 2 Designation of persons Power to designate persons 5 1 The Secretary of State may designate persons by name for the purposes of any of the following— a regulations 11 to 15 (Finance); ... aa regulation 16A (Director disqualification sanctions); b regulation 17 (Immigration) ; and c regulation 27N (technical assistance in relation to aircraft and ships); ca regulation 27P (internet services); d regulations 29A and 29CA (aircraft); e regulations 29F, 29H, 29I and 29J (ships: prohibition on port entry etc.). 1A The Secretary of State may provide that persons of a description specified by the Secretary of State are designated persons for the purposes of any of the following— a regulations 11 to 15 (finance); b regulation 17 (immigration); c regulation 27N (technical assistance relating to aircraft and ships); ca regulation 27P (internet services); d regulations 29A and 29CA (aircraft); e regulations 29F, 29H, 29I and 29J (ships: prohibition on port entry etc.). 2 The Secretary of State may designate different persons for the purposes of different provisions mentioned in paragraph (1) or (1A) . 3 For the purposes of these Regulations, persons “designated under regulation 5” for the purpose of a particular regulation means— a persons who are designated by name under paragraph (1) for the purposes of that particular regulation, and b where the Secretary of State makes provision under paragraph (1A) that persons of a specified description are designated persons for the purposes of that particular regulation, persons of that description. Conditions for the designation of persons by name 5A 1 The Secretary of State may choose whether to designate a person under regulation 5(1) (power to designate persons by name) in accordance with— a the standard procedure, or b the urgent procedure. 2 Paragraph (3) applies where the Secretary of State chooses to designate a person mentioned in regulation 5(1) under the standard procedure. 3 The Secretary of State may not provide that a person is a designated person under regulation 5(1) except where condition A is met. 4 Condition A is that the Secretary of State has reasonable grounds to suspect that that person is an involved person. 5 Paragraphs (6) to (8) apply where the Secretary of State chooses to designate a person mentioned in regulation 5(1) under the urgent procedure. 6 The Secretary of State may designate a person mentioned in regulation 5(1) where condition A is not met, but conditions B and C are met. 7 The person ceases to be a designated person at the end of the period of 56 days beginning with the day following the day on which the person became a designated person unless, within that period, the Secretary of State certifies that— a condition A is met, or b conditions B and C continue to be met. 8 Where the Secretary of State makes a certification under paragraph (7)(b), the designation ceases to have effect at the end of the period of 56 days beginning with the day immediately following the period mentioned in paragraph (7), unless within that period the Secretary of State certifies that condition A is met. 9 Condition B is that relevant provision (whenever made) applies to, or in relation to, the person under the law of— a the United States of America; b the European Union; c Australia; d Canada. 10 Condition C is that the Secretary of State considers that it is in the public interest to make designations under the urgent procedure. 11 For the purposes of Condition B, “relevant provision” is provision that the Secretary of State considers— a corresponds, or is similar, to the type of sanction or sanctions in these Regulations, or b is made for purposes corresponding, or similar, to any purpose of any type of sanction or sanctions in these Regulations. 12 In this regulation, “ involved person ” has the meaning given in regulation 6(2) (meaning of involved person). Conditions for the designation of persons by description 5B 1 The Secretary of State may choose whether persons mentioned in regulation 5(1A) (power to designate persons by description) are designated persons under— a the standard procedure, or b the urgent procedure. 2 Paragraph (3) applies where the Secretary of State chooses that persons mentioned in regulation 5(1A) are designated persons under the standard procedure. 3 The Secretary of State may not provide that persons of a specified description are designated persons under regulation 5(1A) except where conditions A and C are met. 4 Paragraphs (5) to (7) apply where the Secretary of State chooses that persons mentioned in regulation 5(1A) are designated persons under the urgent procedure. 5 The Secretary of State may provide that persons of a specified description are designated persons where condition C is not met, but conditions A, D and E are met. 6 The persons of the specified description cease to be designated persons at the end of the period of 56 days beginning with the day following the day on which the persons became designated persons unless, within that period, the Secretary of State certifies that— a conditions A and C are met, or b conditions A, D and E continue to be met. 7 Where the Secretary of State makes a certification under paragraph (6)(b), the designation ceases to have effect at the end of the period of 56 days beginning with the day immediately following the period mentioned in paragraph (6), unless within that period the Secretary of State certifies that conditions A and C are met. 8 Condition A is that the description of persons specified is such that a reasonable person would know whether that person fell within it. 9 Condition C is that the Secretary of State has reasonable grounds to suspect— a Fin a case where the specified description is members of a particular organisation, that the organisation is an involved person, or b in the case of any other specified description, that any person falling within that description would necessarily be an involved person. 10 Condition D is that the description of persons specified is of persons (or some persons) to which, or in relation to which, relevant provision (whenever made) applies under the law of— a the United States of America; b the European Union; c Australia; d Canada. 11 Condition E is that the Secretary of State considers that it is in the public interest to provide that persons of a specified description are designated persons under the urgent procedure. 12 For the purposes of Condition D, “relevant provision” is provision that the Secretary of State considers— a corresponds, or is similar, to the type of sanction or sanctions in these Regulations, or b is made for purposes corresponding, or similar, to any purpose of any type of sanction or sanctions in these Regulations. 13 In this regulation— “ involved person ” has the meaning given in regulation 6(2) (meaning of “ involved person ”); “ organisation ” includes any body, association or combination of persons. Designation criteria: meaning of “involved person 6 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 For the purposes of regulations 5A(4) (condition relating to the designation of persons by name) and 5B(9) (condition relating to designation of persons by description) an “ involved person ” means a person who— a is or has been involved in— i conduct enabling or facilitating— aa the disappearance of Yury Zakharanka, Viktar Hanchar, Anatol Krasouski or Dzmitry Zavadski, or bb the failure to investigate properly or institute criminal proceedings against the persons responsible for those disappearances, ii the commission of a serious human rights violation or abuse in Belarus, iii the repression of civil society or democratic opposition in Belarus, ... iv other actions, policies or activities which undermine democracy or the rule of law in Belarus, v conduct destabilising Ukraine or undermining or threatening the territorial integrity, sovereignty or independence of Ukraine, including by supporting or facilitating Russia’s actions in respect of Ukraine, in particular by— aa providing logistical support to the Russian army, or bb spreading disinformation about Russia’s invasion of Ukraine, vi other actions undermining or threatening peace, security or stability in Europe, or vii obtaining a benefit from or supporting the Government of Belarus through carrying on a relevant business activity, b is owned or controlled directly or indirectly (within the meaning of regulation 7) by a person who is or has been so involved, c is acting on behalf of or at the direction of a person who is or has been so involved, or d is a member of, or associated with, a person who is or has been so involved. 3 Any reference in this regulation to being involved in an activity set out in paragraphs (2)(a)(i) to (vi) above includes being so involved in whatever way and wherever any actions constituting the involvement take place, and in particular includes— a being responsible for, engaging in, providing support for, or promoting, any such activity; b providing financial services, or making available funds or economic resources, that could contribute to any such activity; c being involved in the supply to Belarus of goods or technology mentioned in regulation 23(1A) (making available goods and technology to a person connected with, or for use in, Belarus) or of material related to such goods or technology, or in providing financial services relating to such supply; d being involved in the supply to Belarus of goods or technology which could contribute to any such activity, or in providing financial services relating to such supply; da providing support for or obtaining an economic benefit from the Government of Belarus; e being involved in assisting the contravention or circumvention of any relevant provision. 3A For the purposes of this regulation, being “ involved in obtaining a benefit from or supporting the Government of Belarus through carrying on a relevant business activity ” means— a carrying on business as a Government of Belarus-affiliated entity, b carrying on business of economic significance to the Government of Belarus, c carrying on business in a sector of strategic significance to the Government of Belarus, ... d owning or controlling directly or indirectly (within the meaning of regulation 7), or working as a manager, 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) ; 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). 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. 4 In this regulation— “ Belarusian authority ” has the meaning given in regulation 15D; “ Government of Belarus-affiliated entity ” means a person, other than an individual— which is owned or controlled directly or indirectly (within the meaning of regulation 7) by the President of Belarus or a Belarusian authority, in which the President of Belarus or a Belarusian authority holds directly or indirectly a minority interest, which receives, or has received, financing, directly or indirectly, from the President of Belarus or a Belarusian authority, or which otherwise obtains a financial benefit or other material benefit from the President of Belarus or a Belarusian authority; “ immediate family member ” means— a wife or husband; a civil partner; a parent or step-parent; a child or step-child; a sibling or step-sibling; a niece or nephew; an aunt or uncle; a grandparent; a grandchild; “ minority interest ” means any shareholding, voting right or right to appoint or remove members of the board of directors which does not meet the condition set out in regulation 7(2); “ relevant provision ” means— any provision of Parts 3 (Finance), 5 (Trade), 5A (Aircraft) or 5B (Ships); any provision of the law of a country other than the United Kingdom made for purposes corresponding to a purpose of any provision of Parts 3 (Finance), 5 (Trade), 5A (Aircraft) or 5B (Ships); “ sector of strategic significance to the Government of Belarus ” means— the Belarusian chemicals sector; the Belarusian construction sector; the Belarusian defence sector; the Belarusian electronics sector; the Belarusian energy sector; the Belarusian extractives sector; the Belarusian forestry sector; the Belarusian financial services sector; the Belarusian information, communications and digital technologies sector; the Belarusian mechanical engineering sector; the Belarusian metallurgy sector; the Belarusian transport sector. 5 Nothing in any paragraph of sub-paragraph (2)(a) is to be taken to limit the meaning of any of the other paragraphs of that sub-paragraph. 6 Nothing in any sub-paragraph of paragraph (3) is to be taken to limit the meaning of any of the other sub-paragraphs of that paragraph. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of “owned or controlled directly or indirectly” 7 1 A person who is not an individual (“C”) is “owned or controlled directly or indirectly” by another person (“P”) if either of the following two conditions is met (or both are met). 2 The first condition is that P— a holds directly or indirectly more than 50% of the shares in C, b holds directly or indirectly more than 50% of the voting rights in C, or c holds the right directly or indirectly to appoint or remove a majority of the board of directors of C. 3 Schedule 1 contains provision applying for the purpose of interpreting paragraph (2). 4 The second condition is that it is reasonable, having regard to all the circumstances, to expect that P would (if P chose to) be able, in most cases or in significant respects, by whatever means and ... whether directly or indirectly, to achieve the result that affairs of C are conducted in accordance with P's wishes. Notification and publicity where power to designate by name used 8 1 Paragraph (2) applies where the Secretary of State— a has made a designation under regulation 5(1) , or b has by virtue of section 22 of the Act varied or revoked a designation made under that paragraph of that regulation . 2 The Secretary of State— a must without delay take such steps as are reasonably practicable to inform the designated person of the designation, variation or revocation, and b must take steps to publicise the designation, variation or revocation. 3 The information given under paragraph (2)(a)— a where the Secretary of State designates a person under the standard procedure, must include a statement of reasons; b where the Secretary of State designates a person under the urgent procedure, must include a statement— i that the designation is made under the urgent procedure, ii identifying the relevant provision by reference to which the Secretary of State considers that condition B is met in relation to the person, and iii setting out why the Secretary of State considers that condition C is met. 3A Where the Secretary of State designates a person under the urgent procedure, the Secretary of State must, after the end of the period mentioned in paragraph (7) of regulation 5A (conditions for the designation of persons by name), or if the Secretary of State has made a certification under paragraph (7)(b) of that regulation, the period mentioned in paragraph (8) of that regulation, but otherwise without delay— a in a case where the person ceases to be a designated person, take such steps as are reasonably practicable to inform the person that they have ceased to be a designated person, or b in any other case, take such steps as are reasonably practicable to give the person a statement of reasons. 4 In this regulation, a “ statement of reasons ” means a brief statement of the matters that the Secretary of State knows, or has reasonable grounds to suspect, in relation to the person— a in the case of a designation under the standard procedure, which have led the Secretary of State to make designation, and b in the case of a designation under the urgent procedure, as a result of which the person does not cease to be a designated person at the end of the period mentioned in regulation 5A(7) or (8) (as the case may be). 5 Matters that would otherwise be required by paragraph (4) to be included in a statement of reasons may be excluded from it where the Secretary of State considers that they should be excluded— a in the interests of national security or international relations, b for reasons connected with the prevention or detection of serious crime in the United Kingdom or elsewhere, or c in the interests of justice. 6 The steps taken under paragraph (2)(b) must— a unless one or more of the restricted publicity conditions is met, be steps to publicise generally— i the designation, variation or revocation, and ii in the case of a designation, the statement of reasons; b if one or more of those conditions is met, be steps to inform only such persons as the Secretary of State considers appropriate of the designation, variation or revocation and (in the case of a designation) of the contents of the statement of reasons. 7 The “restricted publicity conditions” are as follows— a the designation is of a person believed by the Secretary of State to be an individual under the age of 18; b the Secretary of State considers that disclosure of the designation, variation or revocation should be restricted— i in the interests of national security or international relations, ii for reasons connected with the prevention or detection of serious crime in the United Kingdom or elsewhere, or iii in the interests of justice. 8 Paragraph (9) applies if— a when a designation is made, one or more of the restricted publicity conditions is met, but b at any time when the designation has effect, it becomes the case that none of the restricted publicity conditions is met. 9 The Secretary of State must— a take such steps as are reasonably practicable to inform the designated person that none of the restricted publicity conditions is now met, and b take steps to publicise generally the designation and the statement of reasons relating to it. Confidential information in certain cases where designation power used 9 1 Where the Secretary of State in accordance with regulation 8(6)(b) informs only certain persons of a designation, variation or revocation and (in the case of a designation) of the contents of the statement of reasons, the Secretary of State may specify that any of that information is to be treated as confidential. 2 A person (“P”) who— a is provided with information that is to be treated as confidential in accordance with paragraph (1), or b otherwise obtains such information, must not, subject to paragraph (3), disclose it if P knows, or has reasonable cause to suspect, that the information is to be treated as confidential. 3 The prohibition in paragraph (2) does not apply to any disclosure made by P with lawful authority. 4 For this purpose information is disclosed with lawful authority only if and to the extent that— a the disclosure is by, or is authorised by, the Secretary of State, b the disclosure is by or with the consent of the person who is or was the subject of the designation, c the disclosure is necessary to give effect to a requirement imposed under or by virtue of these Regulations or any other enactment, or d the disclosure is required, under rules of court, tribunal rules or a court or tribunal order, for the purposes of legal proceedings of any description. 5 This regulation does not prevent the disclosure of information that is already, or has previously been, available to the public from other sources. 6 A person who contravenes the prohibition in paragraph (2) commits an offence. 7 The High Court (in Scotland, the Court of Session) may, on the application of— a the person who is the subject of the information, or b the Secretary of State, grant an injunction (in Scotland, an interdict) to prevent a breach of the prohibition in paragraph (2). 8 In paragraph (4)(c), “ enactment ” has the meaning given by section 54(6) of the Act. Notification and publicity where power to designate by description is used 9A 1 Paragraph (2) applies where the Secretary of State— a has provided that persons of a specified description are designated persons under regulation 5(1A) (power to designate persons by description), or b has by virtue of section 22 of the Act varied or revoked a designation made under that paragraph of that regulation. 2 The Secretary of State— a must without delay take such steps as are reasonably practicable to inform persons of the specified description of the designation, variation or revocation, and b must take steps to publicise the designation, variation or revocation. 3 The information given under paragraph (2)(a)— a where the Secretary of State provides that persons of a specified description are designated persons under the standard procedure, must include a statement of reasons, or b where the Secretary of State provides that persons of a specified description are designated persons under the urgent procedure, must include a statement— i that the provision is made under the urgent procedure, ii identifying the relevant provision by reference to which the Secretary of State considers that condition D is met in relation to persons of the specified description, and iii setting out why the Secretary of State considers that condition E is met. 4 Where the Secretary of State provides that persons of a specified description are designated persons under the urgent procedure, the Secretary of State must, after the end of the period mentioned in paragraph (6) of regulation 5B (conditions for the designation of persons by description), or if the Secretary of State has made a certification under paragraph (6)(b) of that regulation, the period mentioned in paragraph (7) of that regulation, but otherwise without delay— a in a case where the persons cease to be designated persons, take such steps as are reasonably practicable to inform persons of the specified description that they have ceased to be designated persons, or b in any other case, take such steps as are reasonably practicable to give each person of the specified description a statement of reasons. 5 In this regulation, a “ statement of reasons ”, in relation to a provision designating persons of a specified description, means a brief statement of the matters that the Secretary of State knows, or has reasonable grounds to suspect, in relation to persons of the specified description— a in the case of a designation under the standard procedure, which have led the Secretary of State to make the provision designating persons of that description, and b in the case of a designation under the urgent procedure, as a result of which the persons do not cease to be designated persons at the end of the period mentioned in regulation 5B(6) or (7) (as the case may be). 6 Matters that would otherwise be required by paragraph (5) to be included in a statement of reasons may be excluded from it where the Secretary of State considers that they should be excluded— a in the interests of national security or international relations, b for reasons connected with the prevention or detection of serious crime in the United Kingdom or elsewhere, or c in the interests of justice. 7 The steps taken under paragraph (2)(b) must be steps to publicise generally— a the designation, variation or revocation, and b in the case of— i a designation under the standard procedure, the statement of reasons relating to it, or ii a designation under the urgent procedure, the contents of the statement required under paragraph (3)(b) relating to it. PART 3 Finance CHAPTER 1 Asset-freeze etc. Meaning of “designated person” in Part 3 10 In this Part a “ designated person ” means a person who is designated under regulation 5 for the purposes of regulations 11 to 15. Asset-freeze in relation to designated persons 11 1 A person (“P”) must not deal with funds or economic resources owned, held or controlled by a designated person if P knows, or has reasonable cause to suspect, that P is dealing with such funds or economic resources. 2 Paragraph (1) is subject to Part 6 (Exceptions and licences). 3 A person who contravenes the prohibition in paragraph (1) commits an offence. 4 For the purposes of paragraph (1), a person “deals with” funds if the person— a uses, alters, moves, transfers or allows access to the funds, b deals with the funds in any other way that would result in any change in volume, amount, location, ownership, possession, character or destination, or c makes any other change, including portfolio management, that would enable use of the funds. 5 For the purposes of paragraph (1), a person “deals with” economic resources if the person— a exchanges the economic resources for funds, goods or services, or b uses the economic resources in exchange for funds, goods or services (whether by pledging them as security or otherwise). 6 The reference in paragraph (1) to funds or economic resources that are “owned, held or controlled” by a person includes, in particular, a reference to— a funds or economic resources in which the person has any legal or equitable interest, regardless of whether the interest is held jointly with any other person and regardless of whether any other person holds an interest in the funds or economic resources; b any tangible property (other than real property), or bearer security, that is comprised in funds or economic resources and is in the possession of the person. 7 For the purposes of paragraph (1) funds or economic resources are to be treated as owned, held or controlled by a designated person if they are owned, held or controlled by a person who is owned or controlled directly or indirectly (within the meaning of regulation 7) by the designated person. 8 For the avoidance of doubt, the reference in paragraph (1) to a designated person includes P if P is a designated person. Making funds available to designated persons 12 1 A person (“P”) must not make funds available directly or indirectly to a designated person if P knows, or has reasonable cause to suspect, that P is making the funds so available. 2 Paragraph (1) is subject to Part 6 (Exceptions and licences). 3 A person who contravenes the prohibition in paragraph (1) commits an offence. 4 The reference in paragraph (1) to making funds available indirectly to a designated person includes, in particular, a reference to making them available to a person who is owned or controlled directly or indirectly (within the meaning of regulation 7) by the designated person. Making funds available for benefit of designated persons 13 1 A person (“P”) must not make funds available to any person for the benefit of a designated person if P knows, or has reasonable cause to suspect, that P is making the funds so available. 2 Paragraph (1) is subject to Part 6 (Exceptions and licences). 3 A person who contravenes the prohibition in paragraph (1) commits an offence. 3A The reference in paragraph (1) to making funds available to any person for the benefit of a designated person includes making funds available for the benefit of a person who is owned or controlled directly or indirectly (within the meaning of regulation 7) by the designated person (and references to designated person in paragraph (4) are to be read accordingly). 4 For the purposes of this regulation— a funds are made available for the benefit of a designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit, and b “ financial benefit ” includes the discharge (or partial discharge) of a financial obligation for which the designated person is wholly or partly responsible. Making economic resources available to designated persons 14 1 A person (“P”) must not make economic resources available directly or indirectly to a designated person if P knows, or has reasonable cause to suspect— a that P is making the economic resources so available, and b that the designated person would be likely to exchange the economic resources for, or use them in exchange for, funds, goods or services. 2 Paragraph (1) is subject to Part 6 (Exceptions and licences). 3 A person who contravenes the prohibition in paragraph (1) commits an offence. 4 The reference in paragraph (1) to making economic resources available indirectly to a designated person includes, in particular, a reference to making them available to a person who is owned or controlled directly or indirectly (within the meaning of regulation 7) by the designated person. Making economic resources available for benefit of designated persons 15 1 A person (“P”) must not make economic resources available to any person for the benefit of a designated person if P knows, or has reasonable cause to suspect, that P is making the economic resources so available. 2 Paragraph (1) is subject to Part 6 (Exceptions and licences). 3 A person who contravenes the prohibition in paragraph (1) commits an offence. 3A The reference in paragraph (1) to making economic resources available to any person for the benefit of a designated person includes making economic resources available for the benefit of a person who is owned or controlled directly or indirectly (within the meaning of regulation 7) by the designated person (and references to designated person in paragraph (4) are to be read accordingly). 4 For the purposes of paragraph (1)— a economic resources are made available for the benefit of a designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit, and b “ financial benefit ” includes the discharge (or partial discharge) of a financial obligation for which the designated person is wholly or partly responsible. CHAPTER 2 Other financial restrictions 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 has a maturity exceeding 90 days, b is issued by a relevant person, and c is issued— i after the date on which the Amendment Regulations 2021 come into force, and ii before the Amendment Regulations 2022 come into force. 2A A person (“ P ”) must not, directly or indirectly, deal with a transferable security or money-market instrument falling within paragraphs (2B) or (2C) if P knows, or has reasonable cause to suspect, that P is dealing with such a transferable security or money-market instrument. 2B A transferable security or money-market instrument falls within this paragraph if it is issued after the Amendment Regulations 2022 come into force by— a a relevant person; 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) . 2C A transferable security or money-market instrument falls within this paragraph if it is issued after the Amendment Regulations 2022 come into force by— a a person connected with Belarus, which is not— i a relevant person, ii a person, other than an individual, which on the date on which the Amendment Regulations 2022 come into force is domiciled in a country other than Belarus, or iii a person which on the date on which the Amendment Regulations 2022 come into force is a branch or subsidiary, wherever located, of a person mentioned in paragraph (ii); b a person, other than an individual, which is majority owned by a person falling within sub-paragraph (a) ; or 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). 3 Paragraphs (1) and (2A) are subject to Part 6 (Exceptions and licences). 4 A person who contravenes the prohibition in paragraph (1) or (2A) 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— the reception and transmission of orders in relation to one or more financial instruments, the execution of orders on behalf of clients, dealing on own account, portfolio management, the provision of investment advice, the underwriting of financial instruments or placing of financial instruments on a firm commitment basis, the placing of financial instruments without a firm commitment basis, or 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— shares in companies and other securities equivalent to shares in companies, partnerships or other entities, and depositary receipts in respect of shares; bonds or other forms of securitised debt, including depositary receipts in respect of such securities; any other securities giving the right to purchase or sell any security of a kind mentioned in paragraph (a) or (b). 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— “ category A loan ” means a loan or credit which— has a maturity exceeding 90 days, is made or granted to a relevant person, and is first made or granted— after the date on which the Amendment Regulations 2021 come into force, and before the Amendment Regulations 2022 come into force; “ category B loan ” means a loan or credit which— is made or granted to a relevant person, is first made or granted after the Amendment Regulations 2022 come into force; “ category C loan ” means a loan or credit which— has a maturity exceeding 30 days, is made or granted— to a person, other than an individual, which is connected with Belarus and which is not— a person which on the date on which the Amendment Regulations 2022 come into force is domiciled in a country other than Belarus, a person which is majority owned by a person falling within paragraph (aa), or to a person, other than an individual, which is majority owned by a person within sub-paragraph (i), is first made or granted after the Amendment Regulations 2022 come into force, and is not a category B loan; “ relevant loan ” means a category A loan, a category B loan or a category C loan. 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 Belarus; b a Belarusian authority; c a person, other than an individual, which is wholly owned by Belarus or a Belarusian authority; 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 “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 paragraph (2)(d) does not include any person who is acting under a direction which is given in relation to a ship or aircraft for the purposes of docking, loading or unloading the ship or aircraft or for any purpose in connection with the safe transit of the ship or aircraft through Belarus or the airspace above it. Provision of financial services relating to foreign exchange reserve and asset management 15CA 1 A person (“ P ”) must not provide financial services to a person mentioned in paragraph (2) where— a the financial services are for the purpose of foreign exchange reserve and asset management; and b P knows, or has reasonable cause to suspect, that the financial services are provided to such a person. 2 The persons mentioned in this paragraph are— a the National Bank of Belarus, b the Ministry of Finance of Belarus, c a person owned or controlled directly or indirectly (within the meaning of regulation 7) by a person mentioned in sub-paragraphs (a) or (b), or d a person acting on behalf of or at the direction of a person mentioned in sub-paragraphs (a) or (b). 3 Paragraph (1) is subject to Part 6 (Exceptions and licences). 4 A person who contravenes the prohibition in paragraph (1) commits an offence. Interpretation of terms relating to other financial restrictions 15D 1 In this Chapter— “Belarusian authority” means— public bodies and agencies subordinate to the President of Belarus, including the Administration of the President of Belarus and the Committee of State Control; the Council of Ministers of Belarus and each of its members; any Ministry of the Government of Belarus; any public body, agency or state concern subordinate to the Council of Ministers of Belarus; any State Committee of Belarus; the National Bank of Belarus; and any local government body of Belarus, including the Councils of Deputies and Executive Committees; “ branch ” means, in relation to a credit or financial institution, a place of business which forms a legally dependent part of that institution and which carries out all or some of the transactions inherent in the business of that institution; “credit or financial institution” means— a person, other than an individual, which would satisfy the threshold conditions for permission under Part 4A of the Financial Services and Markets Act 2000 if it had its registered office (or if it does not have one, its head office) in the United Kingdom; or an undertaking which by way of business— operates a currency exchange office, transmits money (or any representation of monetary value) by any means, or cashes cheques that are made payable to customers; “ foreign exchange reserve and asset management ” means activities relating to the reserves or assets of the persons mentioned in paragraph (2) of regulation 15CA, such reserves or assets to include the following— money market instruments (including cheques, bills and certificates of deposit), foreign exchange, derivative products (including futures and options), exchange rate and interest rate instruments (including products such as swaps and forward rate agreements), transferable securities, other negotiable instruments and financial assets (including bullion), special drawing rights; “non-UK country” means a country that is not the United Kingdom; “relevant person” means— Belarus; a Belarusian authority; a person, other than an individual, which is not a person within sub-paragraphs (d), (e) or (f) and which is wholly owned by Belarus or a Belarusian authority; a credit or financial institution which is majority owned by Belarus or a Belarusian authority; a person, other than an individual, which is— incorporated or constituted under the law of a non-UK country, and majority owned by a person within sub-paragraph (d); a person acting on behalf of or at the direction of a person within sub-paragraph (d) or sub-paragraph (e). “ subsidiary ” has the meaning given by section 1159 of the Companies Act 2006; 2 The definition of “Belarusian authority” in paragraph (1) does not apply to any individual in their private capacity, and in that definition none of paragraphs (a) to (g) is to be taken to limit the meaning of any other of those paragraphs. 3 For the purposes of this Chapter, a person (“C”) is “majority owned” by another person (“P”) if P— a holds directly or indirectly more than 50% of the shares in C, or b holds directly or indirectly more than 50% of the voting rights in C. 4 For the purposes of this Chapter, a person (“C”) is “wholly owned” by another person (“P”) if P— a holds directly or indirectly 100% of the shares in C, or b holds directly or indirectly 100% of the voting rights in C. 5 Schedule 1 applies for the purpose of interpreting paragraphs (3) and (4). 6 In this Chapter, the definition of “credit or financial institution” is to be read with section 22 of the Financial Services and Markets Act 2000, any relevant order under that section and Schedule 2 to that Act. CHAPTER 3 Further Provision Circumventing etc prohibitions 16 1 A person must not intentionally participate in activities knowing that the object or effect of them is, whether directly or indirectly— a to circumvent any of the prohibitions in Chapter 1 or 2 , or b to enable or facilitate the contravention of any such prohibition. 2 A person who contravenes a prohibition in paragraph (1) commits an offence. PART 3A Director disqualification sanctions Director disqualification sanctions 16A A person who is designated under regulation 5 (power to designate persons) for the purposes of this regulation is subject to director disqualification sanctions for the purposes of— a section 11A of the Company Directors Disqualification Act 1986, and b Article 15A of the Company Directors Disqualification (Northern Ireland) Order 2002. PART 4 Immigration Immigration 17 A person who is designated under regulation 5 for the purposes of this regulation is an excluded person for the purposes of section 8B of the Immigration Act 1971 . PART 5 Trade CHAPTER 1 Interpretation Definition of “restricted goods” and “restricted technology” 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definitions of “interception and monitoring goods” and “interception and monitoring technology” 19 1 For the purposes of this Part — “interception and monitoring goods” means any item mentioned in sub-paragraph (a) or (b), provided that it may be used for interception and monitoring services— a relevant Schedule 2A item; any tangible storage medium on which interception and monitoring technology is recorded or from which it can be derived; “interception and monitoring technology” means any thing— which is described as software in paragraph 2 of Schedule 2A, provided that it may be used for interception and monitoring services, and which is described as software or other technology in paragraph 3 of Schedule 2A, (but see paragraph (3)); ... ... ... ... 2 For the purpose of paragraph (1), “a relevant Schedule 2A item” means any thing described in Schedule 2A, other than— a any thing which is interception and monitoring technology, or b any thing for the time being specified in— i Schedule 2 to the Export Control Order 2008, or ii Annex I of the Dual-Use Regulation. 3 The definition of “interception and monitoring technology” does not apply to software which is— a generally available to the public, or b in the public domain. 4 For the purpose of paragraph (3)— a software is “generally available to the public” if— i the software is sold from stock at retail selling points without restriction, by means of— aa over the counter transactions, bb mail order transactions, cc electronic transactions, or dd telephone order transactions, and ii the software is designed for installation by the user without further substantial support by the supplier; b software is “in the public domain” if the software has been made available without restrictions upon its further dissemination (and for this purpose copyright restrictions do not constitute a restriction upon its further dissemination). Definition of “interception and monitoring services” 19A 1 For the purposes of this Part, “interception and monitoring services” means any service that has as its object or effect the interception of a communication in the course of its transmission by means of a telecommunication system. 2 A person intercepts a communication in the course of its transmission by means of a telecommunication system if, and only if— a the person does a relevant act in relation to the system, and b the effect of the relevant act is to make any content of the communication available, at a relevant time, to a person who is not the sender or intended recipient of the communication. 3 In paragraph (2) a “relevant act”, in relation to a telecommunication system, means— a modifying, or interfering with, the system or its operation; b monitoring transmissions made by means of the system; c monitoring transmissions made by wireless telegraphy to or from apparatus that is part of the system. 4 In paragraph (2), a “relevant time”, in relation to a communication transmitted by means of a telecommunication system, means— a any time while the communication is being transmitted, and b any time when the communication is stored in or by the system (whether before or after its transmission). 5 For the purpose of paragraph (2), the cases in which any content of a communication is to be taken to be made available to a person at a relevant time include any case in which any of the communication is diverted or recorded at a relevant time so as to make the content of the communication available to a person after that time. 6 In paragraph (3), references to modifying a telecommunication system include references to attaching any apparatus to, or otherwise modifying or interfering with— a any part of the system, or b any wireless telegraphy apparatus used for making transmissions to or from apparatus that is part of the system. 7 For the purposes of this regulation, the following definitions also apply— “apparatus” includes any equipment, machinery or device (whether physical or logical) and any wire or cable; “communication”, for the purpose of a telecommunication system, includes— anything comprising speech, music, sounds, visual images or data of any description, and signals serving for the impartation of anything between persons, between a person and a thing or between things, for the actuation or control of any apparatus; “content”, in relation to a communication and a telecommunication system, means any element of the communication, or any data attached to or logically associated with the communication, which reveals anything of what might reasonably be considered to be the meaning (if any) of the communication, but— any meaning arising from the fact of the communication or from any data relating to the transmission of the communication is to be disregarded, and anything which is systems data is not content; “systems data” means any data that enables or facilitates, or identifies or describes anything connected with enabling or facilitating, the functioning of a telecommunication system (including any apparatus forming part of the system); “a telecommunication system” means a system (including the apparatus comprised in it) that exists for the purpose of facilitating the transmission of communications by any means involving the use of electrical or electromagnetic energy; “wireless telegraphy” and “wireless telegraphy apparatus” have the same meaning as in sections 116 and 117 of the Wireless Telegraphy Act 2006. Interpretation of other expressions used in this Part 20 1 Paragraphs 32 and 36 of Schedule 1 to the Act (trade sanctions) apply for the purpose of interpreting expressions in this Part. 2 In this Part, any reference to the United Kingdom includes a reference to the territorial sea. 3 In this Part— “ aluminium ” has the meaning given to it in Schedule 2B; “ banknotes ” means— sterling denominated banknotes issued by the Bank of England and banks in Scotland and Northern Ireland, and banknotes denominated in any official currency of the European Union; “ brokering service ” means any service to secure, or otherwise in relation to, an arrangement, including (but not limited to)— the selection or introduction of persons as parties or potential parties to the arrangement, the negotiation of the arrangement, the facilitation of anything that enables the arrangement to be entered into, and the provision of any assistance that in any way promotes or facilitates the arrangement; “ cement ” has the meaning given to it in paragraph 2 of Schedule 2J; “ chemical and biological weapons-related goods ” means— any thing specified in Part 2 of Schedule 2H, other than chemical and biological weapons-related technology (but see paragraph (4)), and 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 Schedu