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In force since 2023-06-20, as the publisher states.
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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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13 provisions
Title and introductory text
This Statutory Instrument corrects an error in S.I. 2023/440 and is being issued free of charge to all known recipients of that Statutory Instrument.
Regulations made by the Secretary of State, laid before Parliament under section 55(3) of the Sanctions and Anti-Money Laundering Act 2018, for approval by resolution of each House of Parliament within twenty-eight days beginning with the day on which the instrument is made, subject to extension for periods of dissolution or prorogation or during which both Houses are adjourned for more than four days.
2023 No. 665
Sanctions
The Russia (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2023
Made
15th June 2023
Laid before Parliament
19th June 2023
Coming into force
20th June 2023
The Secretary of State, considering that the condition in section 45(2) of the Sanctions and Anti-Money Laundering Act 2018 is met, makes the following Regulations in exercise of the powers conferred by sections 1, 5, 7(2) and (5), 15(2)(a), 17 and 45 of, and paragraphs 2(b) and 28(1) of Schedule 1 to, that Act.
Propose a change1 Citation and commencement
(1) These Regulations may be cited as the Russia (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2023.
(2) These Regulations come into force on 20th June 2023.
Propose a change2 Amendments to the Russia (Sanctions) (EU Exit) Regulations 2019
The Russia (Sanctions) (EU Exit) Regulations 2019 are amended in accordance with the following regulations.
Propose a change3 Interpretation
In regulation 2 (interpretation)—
(a) omit the definition of “non-government controlled areas of the Donetsk and Luhansk oblasts”;
(b) in the appropriate place insert—
“non-government controlled areas of the Donetsk, Kherson Luhansk and Zaporizhzhia oblasts” means the parts of the Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts which are for the time being controlled by an authority other than the Government of Ukraine;
(c) for the definition of “non-government controlled Ukrainian territory” substitute—
“non-government controlled Ukrainian territory” means Crimea and non-government controlled areas of the Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts;
.
Propose a change4 Purposes
In regulation 4 (purposes)—
(a) after “for the purposes of” insert “—”;
(b) the remaining text becomes paragraph (a);
(c) after that paragraph insert—
(b) promoting the payment of compensation by Russia for damage, loss or injury suffered by Ukraine on or after 24th February 2022 as a result of Russia’s invasion of Ukraine.
Propose a change5 Export of relevant restricted goods to non-government controlled Ukrainian territory
For regulation 30B (export of relevant restricted goods) substitute—
30B. (1) The export of relevant restricted goods to, or for use in, Crimea is prohibited.
(2) The export of relevant restricted goods to, or for use in, non-government controlled areas of the Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts is prohibited.
(3) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences).
(4) It is a defence for a person charged with the offence under section 68(1) (offences in relation to exportation of prohibited or restricted goods) of CEMA in relation to the prohibition in paragraph (2) to show that they did not know and had no reasonable cause to suspect that the export was, or would have been, to, or the goods were for use in, non-government controlled areas of the Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts.
Propose a change6 Export of infrastructure-related goods to non-government controlled Ukrainian territory
For regulation 48 (export of infrastructure-related goods to non-government controlled Ukrainian territory) substitute—
48. (1) The export of infrastructure-related goods to, or for use in, Crimea is prohibited.
(2) The export of infrastructure-related goods to, or for use in, non-government controlled areas of the Donetsk Kherson, Luhansk and Zaporizhzhia oblasts is prohibited.
(3) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences).
(4) It is a defence for a person charged with the offence under section 68(1) (offences in relation to exportation of prohibited or restricted goods) of CEMA in relation to the prohibition in paragraph (2) to show that they did not know and had no reasonable cause to suspect that the export was, or would have been, to, or the goods were for use in, non-government controlled areas of the Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts.
Propose a change7 Export of restricted goods
In regulation 53A (application of prohibitions and requirements in Chapter 2 of Part 5 to non-government controlled Ukrainian territory)—
(a) the existing text becomes paragraph (1);
(b) after that paragraph insert—
(2) Paragraph (3) applies where the person is charged with the offence under section 68(1) (offences in relation to exportation of prohibited or restricted goods) of CEMA in relation to exportation of goods to, or for use in, non-government controlled areas of the Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts which is or would be contrary to the prohibition in regulation 22(1) (export of restricted goods), as it has effect by virtue of this regulation.
(3) It is a defence for a person charged with the offence mentioned in paragraph (2) to show that the person did not know and had no reasonable cause to suspect that the export was, or would have been, to, or the goods were for use in, non-government controlled areas of the Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts.
Propose a change8 Ports directions
In regulation 57 (Crimean ports direction or Donetsk ports direction)—
(a) for the heading, substitute “Crimean ports direction, Donetsk ports direction or Kherson and Zaporizhzhia ports direction”;
(b) in paragraph (1), for “Crimean ports direction or a Donetsk ports direction” substitute “Crimean ports direction, a Donetsk ports direction or a Kherson and Zaporizhzhia ports direction”;
(c) after paragraph (2A) insert—
(2B) In this regulation, a “Kherson and Zaporizhzhia ports direction” is a direction prohibiting a ship from entering a port or any ports located in non-government controlled areas of the Kherson and Zaporizhzhia oblasts.
;
(d) in paragraph (4), for “Crimean ports direction or a Donetsk ports direction” substitute “Crimean ports direction, a Donetsk ports direction or a Kherson and Zaporizhzhia ports direction”;
(e) in paragraph (5), for “Crimean ports direction or a Donetsk ports direction” substitute “Crimean ports direction, a Donetsk ports direction or a Kherson and Zaporizhzhia ports direction”.
Propose a change9 Exceptions relating to investments in relation to non-government controlled Ukrainian territory
In regulation 60 (exceptions relating to investments in relation to non-government controlled Ukrainian territory), after paragraph (3)(b), insert—
(c) in the case of investments in relation to non-government controlled areas of the Kherson and Zaporizhzhia oblasts, 20th June 2023.
Propose a change10 Trade: exception for humanitarian assistance activity
In regulation 61ZA (trade: exception for humanitarian assistance activity in non-government controlled areas of the Donetsk and Luhansk oblasts)—
(a) in the heading, for “Donetsk and Luhansk oblasts” substitute “Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts”;
(b) in paragraph (1), for “Donetsk and Luhansk oblasts” substitute “Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts”;
(c) in paragraph (2), in the definition of “humanitarian assistance activity” for “Donetsk and Luhansk oblasts” substitute “Donetsk, Kherson, Luhansk and Zaporizhzhia oblasts”.
Propose a change11 Penalties for offences
In regulation 80(1) (penalties for offences), for “57 (Crimean ports direction or Donetsk ports direction)” substitute “57 (Crimean ports direction, Donetsk ports direction or Kherson and Zaporizhzhia ports direction)”.
Propose a change12 Maritime enforcement
In regulation 89(2)(ba) (exercise of maritime enforcement powers), for “non-government controlled Ukrainian technology” substitute “non-government controlled Ukrainian territory”.
Propose a change