The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022

UK Statutory Instrument 2022 No. 748 — creates 11 criminal offences.

11offences created

0recorded in force

0revoked

Made: 30 June 2022
In force from: 5 July 2022
Extent: Not stated
Subject: International sanctions, export control and trade restrictions
Made under: 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) (“the Sanctions Act”) to amend the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/600) (“the 2019 Regulations”). Part 2 adds new purposes and designation criteria to the 2019 Regulations, targeting role of the Government of Belarus in supporting Russia’s actions in respect of Ukraine. Part 2 also introduces a power to designate persons by description and makes related changes to designation provisions, including reflecting amendments made to the Sanctions Act by the Economic Crime (Transparency and Enforcement) Act 2022 (c. 10). Part 3 widens the financial sanctions relating to Belarus. Existing restrictions on dealing with financial instruments and providing loans are extended to a broader range of transferable securities, money market instruments, loans and credit. Part 3 also introduces a new prohibition on providing financial services for the purpose of foreign exchange reserve and asset management of the Central Bank of Belarus and the Ministry of Finance of Belarus and related persons. Part 4 widens trade sanctions relating to Belarus. New export restrictions are imposed on goods and technology relating to critical industry, quantum computing and oil refining, and luxury goods, while prohibitions are widened in relation to dual-use goods and technology. New import restrictions are imposed on mineral products, arms and related materiel, iron and steel. A range of related trade activities are prohibited, including technical assistance and financial services relating to certain other prohibited trade activities, and enabling or facilitating military activities. An existing prohibition on providing technical assistance to designated persons in relation to aircraft is widened to include technical assistance provided in relation to ships. Part 5 adds new aircraft and shipping sanctions. The current aircraft restrictions are widened so that it will now be an offence for certain Belarus-related aircraft to land in, or overfly, the UK, and for such aircraft to be registered in the UK. Part 5 also adds shipping restrictions, prohibiting certain Belarus-related or other specified ships from entering UK ports or being registered in the UK, and providing powers to the Secretary of State to direct the movement and detention of such ships. Part 6 deals with exceptions and licencing powers. New exceptions in respect of the new trade provisions are included for travellers, diplomatic posts, international organisations, consumer communication devices and software, and for emergencies. Parts 7 to 9 make related changes to information and enforcement powers, to Schedules, and to other legislation. A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector has been published alongside these Regulations and is available from legislation.gov.uk or from the Foreign, Commonwealth and Development Office, King Charles Street, London SW1A 2AH.

Offences created by this instrument

Provision of financial services relating to foreign exchange reserve and asset management regulation 15CA(4) · Status not determined · Strict liability
A1 If a prohibition in regulation 29A(A1) (movement of aircraft) is contravened by the flight or landing of a… regulation 26 · Status not determined · Strict liability
A1 If a prohibition in regulation 29A(A1) (movement of aircraft) is contravened by the flight or landing of a… regulation 26(a) · Status not determined · Strict liability
Enabling or facilitating military activities regulation 27O(3) · Status not determined · Strict liability
Prohibition on port entry regulation 29F(4) · Status not determined · Strict liability
Directions prohibiting port entry regulation 29G(4) · Status not determined · Strict liability
Directions prohibiting port entry regulation 29G(6) · Status not determined · Strict liability
Movement of ships regulation 29H(5) · Status not determined · Strict liability
A person (“P”) commits an offence if P knowingly or recklessly— a provides information that is false in a material… regulation 36A(1) · Status not determined · Requires proof of a state of mind
A person who purports to act under the authority of an aircraft licence but who fails to comply with any condition of… regulation 36A(2) · Status not determined · Strict liability
Aircraft: licensing offences 36A 1 A person (“P”) commits an offence if P knowingly or recklessly— a provides… regulation 38 · Status not determined · Requires proof of a state of mind

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) Regulations 2022 Lords · Lords Chamber · 20 July 2022
Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 Commons · General Committees · 5 September 2022 · The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Rehman Chishti)
I beg to move, That the Committee has considered the Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (SI, 2022, No. 748). The statutory instrument was laid on 4 July under the powers in the Sanctions and Anti-Money Laundering Act 2018, also known as the sanctions Act. The SI has been considered and was not reported by the Joint Committee on Statutory Instruments and the Secondary Legislation Scrutiny Committee, and it was approved by the House of Lords on 20 July. It amends the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019 and introduces new measures…
Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 Commons · General Committees · 5 September 2022 · Rehman Chishti
I will ensure that every Department that is relevant and connected, with regards to the imposition of sanctions and the figures that he has asked for, makes sure that it answers his question fully and frankly because I think that is absolutely important. In my time in this role, I have tried to engage with parliamentarians across the House and now the questions must be fully answered. If I have missed any specific points raised by any Member, I will ensure that the officials read the document and come back and answer those specific points. My hon. Friends, it is the responsibility of the…
Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 Commons · General Committees · 5 September 2022
Delegated Legislation Commons · Commons Chamber · 6 September 2022 · Madam Deputy Speaker (Dame Rosie Winterton)
With the leave of the House, we will take motions 4 and 5 together. Motion made, and Question put forthwith (Standing Order No. 118(6)), Sanctions That the Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (SI, 2022, No. 748), a copy of which was laid before this House on 4 July, be approved. Capital Gains Tax That the draft Double Taxation Relief and International Tax Enforcement (Luxembourg) Order 2022, which was laid before this House on 20 June, be approved.— (Adam Holloway.) Question agreed to.
Sanctions Commons · Commons Chamber · 22 September 2022 · Mark Eastwood (Dewsbury) (Con)
I join my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) in welcoming the Minister to his place, and I also find myself in the strange position of thanking the shadow Minister for raising the issue of loopholes. This is an issue specific to my constituency, and relates to a business that has potentially been affected by such loopholes. I speak on behalf of JD UK/Alunet Systems, but I clarify that I will be supporting the sanctions and will not press the House to a Division—I am sure there will be a sigh of relief all round. Alunet Systems is a group of companies based in…

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 30 June 2022
Instrument made (signed into law) 30 June 2022
Laid before the House of Commons 4 July 2022 · Commons
Laid before the House of Lords 4 July 2022 · Lords
Instrument comes into force as law 5 July 2022
Motion to approve the instrument tabled by the Government 5 July 2022 · Commons
Motion to approve the instrument tabled by the Government 5 July 2022 · Lords
Considered by the Joint Committee on Statutory Instruments (JCSI) 13 July 2022 · Commons, Lords
Not drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 13 July 2022 · Commons, Lords
Considered by the Secondary Legislation Scrutiny Committee (SLSC) 19 July 2022 · Lords
Information paragraph provided by the Secondary Legislation Scrutiny Committee (SLSC) 19 July 2022 · Lords
Chamber debate 20 July 2022 · Lords
Question on motion to approve the instrument put 20 July 2022 · Lords
Instrument approved 20 July 2022 · Lords
Delegated Legislation Committee (DLC) debate 5 September 2022 · Commons
Question put on motion to consider the instrument 5 September 2022 · Commons
Motion to consider the instrument approved 5 September 2022 · Commons
Question on motion to approve the instrument put 6 September 2022 · Commons
Instrument approved 6 September 2022 · Commons
Instrument remains law 6 September 2022
Procedure concluded in the House of Commons and the House of Lords 6 September 2022 · Commons, Lords
Approval period ends 10 September 2022

From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.

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This instrument on legislation.gov.uk The authoritative text, including amendments made since
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