The Russia (Sanctions) (EU Exit) (Amendment) Regulations 2025
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Change 1
9 Insertion of Chapter 4N of Part 5
After regulation 46Z33 insert— Chapter 4N Sectoral software and technology Making sectoral software and technology available 46Z34. (1) A person must not directly or indirectly make sectoral software and technology available— (a) to a person connected with Russia; (b) for use in Russia. (2) Paragraph (1) is subject to Part 7 (Exceptions and licences). (3) A person who contravenes a prohibition in paragraph (1) commits an offence, but— (a) it is a defence for a person charged with an offence of contravening paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Russia; (b) it is a defence for a person charged with the offence of contravening paragraph (1)(b) to show that the person did not know and had no reasonable cause to suspect that the software or technology were for use in Russia. Transfer of sectoral software and technology 46Z35. (1) A person must not transfer sectoral software and technology— (a) to a person connected with Russia; (b) to a place in Russia. (2) Paragraph (1) is subject to Part 7 (Exceptions and licences). (3) A person who contravenes a prohibition in paragraph (1) commits an offence, but— (a) it is a defence for a person charged with the offence of contravening paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Russia; (b) it is a defence for a person charged with the offence of contravening paragraph (1)(b) to show that the person did not know and had no reasonable cause to suspect that the transfer was to a place in Russia. Technical assistance relating to sectoral software and technology 46Z36. (1) A person must not directly or indirectly provide technical assistance relating to sectoral software and technology— (a) to a person connected with Russia; or (b) for use in Russia. (2) Paragraph (1) is subject to Part 7 (Exceptions and licences). (3) A person who contravenes a prohibition in paragraph (1) commits an offence, but— (a) it is a defence for a person charged with an offence of contravening paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Russia; (b) it is a defence for a person charged with an offence of contravening paragraph (1)(b) to show that the person did not know and had no reasonable cause to suspect that the software or technology were for use in Russia. Financial services and funds relating to sectoral software and technology 46Z37. (1) A person must not directly or indirectly provide, to a person connected with Russia, financial services in pursuance of or in connection with an arrangement whose object or effect is— (a) directly or indirectly making sectoral software and technology available to a person; (b) the transfer of sectoral software and technology; or (c) the direct or indirect provision of technical assistance relating to sectoral software and technology. (2) A person must not directly or indirectly make funds available to a person connected with Russia in pursuance of or in connection with an arrangement mentioned in paragraph (1). (3) A person must not directly or indirectly provide financial services or funds in pursuance of or in connection with an arrangement whose object or effect is— (a) directly or indirectly making sectoral software and technology available— (i) to a person connected with Russia, or (ii) for use in Russia; (b) the transfer of sectoral software and technology— (i) to a person connected with Russia, or (ii) to a place in Russia; or (c) the direct or indirect provision of technical assistance relating to sectoral software and technology— (i) to a person connected with Russia, or (ii) for use in Russia. (4) Paragraphs (1) to (3) are subject to Part 7 (Exceptions and licences). (5) A person who contravenes a prohibition in any of paragraphs (1) to (3) commits an offence, but— (a) it is a defence for a person charged with an offence of contravening paragraph (1) or (2) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Russia; (b) it is a defence for a person charged with the offence of contravening paragraph (3) to show that the person did not know and had no reasonable cause to suspect that the financial services or funds (as the case may be) were provided in pursuance of or in connection with an arrangement mentioned in that paragraph. Brokering services: non-UK activity relating to sectoral software and technology 46Z38. (1) A person must not directly or indirectly provide brokering services in relation to an arrangement (“arrangement A”) whose object or effect is— (a) directly or indirectly making sectoral software and technology available in a third country for transfer— (i) to a person connected with Russia, or (ii) to a place in Russia; (b) the transfer of sectoral software and technology from a place in a third country— (i) to a person connected with Russia, or (ii) to a place in Russia; (c) the direct or indirect provision, in a non-UK country, of technical assistance relating to sectoral software and technology— (i) to a person connected with Russia, or (ii) for use in Russia; (d) the direct or indirect provision, in a non-UK country, of financial services— (i) to a person connected with Russia, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 46Z37(1), or (ii) where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 46Z37(3); (e) directly or indirectly making funds available, in a non-UK country, to a person connected with Russia, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 46Z37(1); or (f) the direct or indirect provision of funds from a non-UK country, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 46Z37(3). (2) Paragraph (1) is subject to Part 7 (Exceptions and licences). (3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with that offence to show that the person did not know and had no reasonable cause to suspect that the brokering services were provided in relation to an arrangement mentioned in that paragraph. (4) In this regulation— “non-UK country” means a country that is not the United Kingdom; “third country” means a country that is not the United Kingdom, the Isle of Man or Russia. .
9 Insertion of Chapter 4N of Part 5
After regulation 46Z33 insert— Chapter 4N Sectoral software and technology Making sectoral software and technology available 46Z34. (1) A person must not directly or indirectly make sectoral software and technology available— (a) to a person connected with Russia; (b) for use in Russia. (2) Paragraph (1) is subject to Part 7 (Exceptions and licences). (3) A person who contravenes a prohibition in paragraph (1) commits an offence, but— (a) it is a defence for a person charged with an offence of contravening paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Russia; (b) it is a defence for a person charged with the offence of contravening paragraph (1)(b) to show that the person did not know and had no reasonable cause to suspect that the software or technology were for use in Russia. Transfer of sectoral software and technology 46Z35. (1) A person must not transfer sectoral software and technology— (a) to a person connected with Russia; (b) to a place in Russia. (2) Paragraph (1) is subject to Part 7 (Exceptions and licences). (3) A person who contravenes a prohibition in paragraph (1) commits an offence, but— (a) it is a defence for a person charged with the offence of contravening paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Russia; (b) it is a defence for a person charged with the offence of contravening paragraph (1)(b) to show that the person did not know and had no reasonable cause to suspect that the transfer was to a place in Russia. Technical assistance relating to sectoral software and technology 46Z36. (1) A person must not directly or indirectly provide technical assistance relating to sectoral software and technology— (a) to a person connected with Russia; or (b) for use in Russia. (2) Paragraph (1) is subject to Part 7 (Exceptions and licences). (3) A person who contravenes a prohibition in paragraph (1) commits an offence, but— (a) it is a defence for a person charged with an offence of contravening paragraph (1)(a) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Russia; (b) it is a defence for a person charged with an offence of contravening paragraph (1)(b) to show that the person did not know and had no reasonable cause to suspect that the software or technology were for use in Russia. Financial services and funds relating to sectoral software and technology 46Z37. (1) A person must not directly or indirectly provide, to a person connected with Russia, financial services in pursuance of or in connection with an arrangement whose object or effect is— (a) directly or indirectly making sectoral software and technology available to a person; (b) the transfer of sectoral software and technology; or (c) the direct or indirect provision of technical assistance relating to sectoral software and technology. (2) A person must not directly or indirectly make funds available to a person connected with Russia in pursuance of or in connection with an arrangement mentioned in paragraph (1). (3) A person must not directly or indirectly provide financial services or funds in pursuance of or in connection with an arrangement whose object or effect is— (a) directly or indirectly making sectoral software and technology available— (i) to a person connected with Russia, or (ii) for use in Russia; (b) the transfer of sectoral software and technology— (i) to a person connected with Russia, or (ii) to a place in Russia; or (c) the direct or indirect provision of technical assistance relating to sectoral software and technology— (i) to a person connected with Russia, or (ii) for use in Russia. (4) Paragraphs (1) to (3) are subject to Part 7 (Exceptions and licences). (5) A person who contravenes a prohibition in any of paragraphs (1) to (3) commits an offence, but— (a) it is a defence for a person charged with an offence of contravening paragraph (1) or (2) (“P”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Russia; (b) it is a defence for a person charged with the offence of contravening paragraph (3) to show that the person did not know and had no reasonable cause to suspect that the financial services or funds (as the case may be) were provided in pursuance of or in connection with an arrangement mentioned in that paragraph. Brokering services: non-UK activity relating to sectoral software and technology 46Z38. (1) A person must not directly or indirectly provide brokering services in relation to an arrangement (“arrangement A”) whose object or effect is— (a) directly or indirectly making sectoral software and technology available in a third country for transfer— (i) to a person connected with Russia, or (ii) to a place in Russia; (b) the transfer of sectoral software and technology from a place in a third country— (i) to a person connected with Russia, or (ii) to a place in Russia; (c) the direct or indirect provision, in a non-UK country, of technical assistance relating to sectoral software and technology— (i) to a person connected with Russia, or (ii) for use in Russia; (d) the direct or indirect provision, in a non-UK country, of financial services— (i) to a person connected with Russia, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 46Z37(1), or (ii) where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 46Z37(3); (e) directly or indirectly making funds available, in a non-UK country, to a person connected with Russia, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 46Z37(1); or (f) the direct or indirect provision of funds from a non-UK country, where arrangement A, or any other arrangement in connection with which arrangement A is entered into, is an arrangement mentioned in regulation 46Z37(3). (2) Paragraph (1) is subject to Part 7 (Exceptions and licences). (3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with that offence to show that the person did not know and had no reasonable cause to suspect that the brokering services were provided in relation to an arrangement mentioned in that paragraph. (4) In this regulation— “non-UK country” means a country that is not the United Kingdom; “third country” means a country that is not the United Kingdom, the Isle of Man or Russia. .
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