The Republic of Belarus (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2021
UK Statutory Instrument 2021 No. 1146 — creates 21 criminal offences.
- Made
- 11 October 2021
- In force from
- 14 October 2021
- Extent
- Not stated
- Subject
- International sanctions, export control and trade restrictions
- Made under
- Parliament under section 55(3) of the Sanctions and Anti-Money Laundering Act 2018, S.I. 2021/922, Sanctions and Anti-Money Laundering Act 2018
Explanatory note
(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
These Regulations are made under the Sanctions and Anti-Money Laundering Act 2018 (c. 13) to add new measures to the sanctions regime in relation to Belarus. The Regulations amend the Belarus (EU Exit) (Sanctions) Regulations 2019 (S.I. 2019/600) (“the 2019 Regulations”). The Regulations revoke and replace the Belarus (EU Exit) (Sanctions) (Amendment) Regulations 2021 (S.I. 2021/922). These Regulations make substantially the same amendments made by S.I. 2021/922 except that they correct a small number of defects. Part 2 of the Regulations amends the provisions in the 2019 Regulations which confer powers on the Secretary of State to designate persons. Regulation 5 amends the 2019 Regulations to confer a power on the Secretary of State to designate persons for the purpose of new prohibitions on technical assistance relating to aircraft. Regulation 6 expands the criteria for designation to include providing support for or obtaining an economic benefit from the Government of Belarus as a way in which persons can be involved in specified activities. Part 3 of the Regulations adds new financial sanctions to Part 3 of the 2019 Regulations. New restrictions are imposed on dealing with certain financial instruments, providing loans and credit and providing insurance and reinsurance services. These Regulations correct an error in the application of regulation 30A of the 2019 Regulations to these new restrictions. Part 4 of the Regulations amends Part 5 of the 2019 Regulations, on trade. New restrictions are imposed in relation to trade in interception and monitoring goods and technology (as specified in new Schedule 2A) and interception and monitoring services, dual-use goods and technology, goods for the tobacco industry, petroleum products and potash (as defined in new Schedule 2B). Restrictions are also imposed in relation to the provision of technical assistance relating to aircraft. These Regulations correct a defect which was introduced into regulation 23 of the 2019 Regulations by S.I. 2021/922. Under regulation 21, a new Part 5A is added to the 2019 Regulations, conferring powers on the Secretary of State, air traffic control and airport operators to make directions for the purpose of preventing certain aircraft from entering the airspace over the United Kingdom or landing in the United Kingdom, or requiring aircraft to leave the airspace over the United Kingdom. Part 6 of these Regulations provides for licensing and exceptions from the new restrictions, by amendments to Part 6 of the 2019 Regulations. Part 7 of these Regulations makes a number of consequential amendments to the provisions of the 2019 Regulations on information and enforcement (including maritime enforcement) of the sanctions measures. These Regulations also correct typographical errors that were made in S.I. 2021/922. A full impact assessment was published alongside the Belarus (EU Exit) (Sanctions) (Amendment) Regulations 2021 and is available at https://www.gov.uk/government/collections/uk-sanctions-on-the-republic-of-belarus, or from the Foreign, Commonwealth and Development Office, King Charles Street, London SW1A 2AH.
Offences created by this instrument
- Dealing with transferable securities or money-market instruments regulation 15A(4) · Status not determined · Strict liability
- Loans and credit arrangements regulation 15B(4) · Status not determined · Strict liability
- Offences 29D 1 It is an offence for an airport operator to fail, without reasonable excuse, to comply with a direction… regulation 21 · Status not determined · Strict liability
- Provision of interception and monitoring services regulation 24A(3) · Status not determined · Strict liability
- Supply and delivery of dual-use goods regulation 27C(3) · Status not determined · Strict liability
- Transfer of dual-use technology regulation 27E(3) · Status not determined · Strict liability
- Technical assistance relating to dual-use goods and dual-use technology regulation 27F(3) · Status not determined · Strict liability
- Brokering services: non-UK activity relating to dual-use goods and dual-use technology regulation 27H(3) · Status not determined · Strict liability
- Acquisition of potash and petroleum products regulation 27J(5) · Status not determined · Strict liability
- Supply and delivery of potash and petroleum products regulation 27K(5) · Status not determined · Strict liability
- Financial services, funds and brokering services relating to petroleum products regulation 27M(4) · Status not determined · Strict liability
- Financial services, funds and brokering services relating to petroleum products regulation 27M(5) · Status not determined · Strict liability
- Technical assistance relating to aircraft regulation 27N(4) · Status not determined · Strict liability
- It is an offence for an airport operator to fail, without reasonable excuse, to comply with a direction given by the… regulation 29D(1) · Status not determined · Strict liability
- It is an offence for a person to whom a direction is given under regulation 29A(4) (direction by airport operator to… regulation 29D(2) · Status not determined · Strict liability
- It is an offence for a person to whom a direction is given under regulation 29A(2) (direction by air traffic control… regulation 29D(3) · Status not determined · Strict liability
- A person who contravenes the prohibition in regulation 29C(6) (disclosure of confidential information) commits an… regulation 29D(4) · Status not determined · Strict liability
- In regulation 48 (penalties for offences)— a in paragraph (1), after “Part 3 (Finance)”, insert “, regulation 29D(1),… regulation 30 · Status not determined · Strict liability
- b in paragraph (4), after “person who commits an offence under regulation”, insert “29D(4) (confidentiality),” regulation 30(b) · Status not determined · Strict liability
- “(export of restricted goods or tobacco industry goods) or 27B(1) or (2) (export of dual-use goods)”; b in paragraph… regulation 32 · Status not determined · Strict liability
- Paragraph (6) applies where a person is guilty of an offence under section 50(2) or (3) of CEMA in connection with a… regulation 32(c) · Status not determined · Strict liability
What Parliament said about it
Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.
- Republic of Belarus (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2021
Lords · Grand Committee · 1 November 2021 · The Earl of Courtown
That the Grand Committee do consider the Republic of Belarus (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2021.
- Republic of Belarus (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2021 Lords · Grand Committee · 1 November 2021
- Republic of Belarus (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2021 Lords · Lords Chamber · 3 November 2021
- Sanctions
Commons · Commons Chamber · 4 November 2021 · The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Wendy Morton)
I beg to move, That the Republic of Belarus (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2021 (SI, 2021, No. 1146), dated 11 October, a copy of which was laid before this House on 14 October, be approved. The instrument before us was laid on 14 October under the powers provided by the Sanctions and Anti-Money Laundering Act 2018, also known as the Sanctions Act. It amends the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019 to introduce new measures in the financial, trade and aviation sectors. The regulations that we are debating today revoke and replace the Belarus…
How Parliament handled it
Both Houses had to approve this instrument before it could take effect, and did so.
- Procedure
- Made affirmative — both Houses had to approve it
- Could either House amend it?
- No. A statutory instrument is put to each House as a whole thing, to be approved or not. Neither House can change a word of it.
Procedural history
- Instrument created 11 October 2021
- Instrument made (signed into law) 11 October 2021
- Instrument comes into force as law 14 October 2021
- Laid before the House of Commons 14 October 2021 · Commons
- Laid before the House of Lords 14 October 2021 · Lords
- Motion to approve the instrument tabled by the Government 18 October 2021 · Commons
- Considered by the Secondary Legislation Scrutiny Committee (SLSC) 26 October 2021 · Lords
- No comment by the Secondary Legislation Scrutiny Committee (SLSC) 26 October 2021 · Lords
- Considered by the Joint Committee on Statutory Instruments (JCSI) 27 October 2021 · Commons, Lords
- Not drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 27 October 2021 · Commons, Lords
- Motion to approve the instrument tabled by the Government 27 October 2021 · Lords
- Grand Committee debate 1 November 2021 · Lords
- Question put on motion to consider the instrument 1 November 2021 · Lords
- Motion to consider the instrument approved 1 November 2021 · Lords
- Question on motion to approve the instrument put 3 November 2021 · Lords
- Instrument approved 3 November 2021 · Lords
- Chamber debate 4 November 2021 · Commons
- Question on motion to approve the instrument put 4 November 2021 · Commons
- Instrument approved 4 November 2021 · Commons
- Instrument remains law 4 November 2021
- Procedure concluded in the House of Commons and the House of Lords 4 November 2021 · Commons, Lords
- Approval period ends 7 November 2021
From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2021