Legislation – The Republic of Belarus (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2021
PART 8Amendments to Schedules
Schedule 136.
(1)
In the heading to Schedule 1 (rules for interpretation of certain regulations), for “regulation 7(2)”, substitute “regulations 7(2) and 15D(3) and (4)”.
(2)
In the shoulder note to Schedule 1, for “Regulation 7(3)”, substitute “Regulations 7(3) and 15D(5)”.
(3)
In paragraph 1(1) of Schedule 1, for “regulation 7(2)”, substitute “regulations 7(2) and 15D(3) and (4)”.
Interception and monitoring goods and technology; other goods37.
“SCHEDULE 2AInterception and monitoring goods and interception and monitoring technology
Interception and monitoring equipment
1.
Any goods which can perform any of the following functions (whether individually or as part of a system)—
(a)
deep packet inspection;
(b)
network interception, including associated systems management and data retention functions;
(c)
radio frequency monitoring, including associated processing or examination;
(d)
network and satellite jamming;
(e)
remote infection;
(f)
speaker recognition, including associated processing functions;
(g)
IMSI, MSISDN, IMEI and TMSI interception and monitoring;
(h)
tactical SMS, GSM, GPS, GPRS, UMTS, CDMA, and PSTN interception and monitoring;
(i)
DHCP, SMTP and GTP information interception and monitoring;
(j)
pattern recognition and pattern profiling;
(k)
remote forensics;
(l)
semantic processing;
(m)
WEP and WPA code breaking;
(n)
interception of VoIP (including proprietary and standard protocols);
(p)
cryptanalysis.
2.
Any software which can perform any of the functions described in paragraph 1(a) to (p) (whether individually or as part of a system).
Other software and other technology
3.
Any software or other technology which is specially designed for the development, production or use of any goods or software described in paragraph 1 or 2.
Interpretation
4.
For the purposes of this Schedule, the following terms have the meaning given to them in the Dual-Use Regulation—
“development”;
“production”;
“software”;
“technology”;
“use”.
Acronyms and abbreviations used in this Schedule
5.
The acronyms and abbreviations used in this Schedule have the following meaning—
ABBREVIATION/ ACRONYM
MEANING
ADDITIONAL INFORMATION
IMSI
International Mobile Subscriber Identity
This is a unique identification code for each mobile telephony device, integrated in the SIM card and which allows identification of that SIM, via GSM and UMTS networks.
MSISDN
Mobile Subscriber Integrated Services Digital Network Number
This is a number that uniquely identifies a subscription in a GSM or a UMTS mobile network. It is the telephone number to the SIM card in a mobile phone and therefore identifies a mobile subscriber as well as the IMSI.
IMEI
International Mobile Equipment Identity
This is a number, usually unique, to identify GSM, WCDMA and IDEN mobile phones as well as some satellite phones. It is usually found printed inside the battery compartment of the phone.
TMSI
Temporary Mobile Subscriber Identity
SMS
Short Message System
GSM
Global System for Mobile Communications
GPS
Global Positioning System
GPRS
General Packet Radio Service
UMTS
Universal Mobile Telecommunications System
CDMA
Code Division Multiple Access
PSTN
Public Switch Telephone Networks
DHCP
Dynamic Host Configuration Protocol
SMTP
Simple Mail Transfer Protocol
GTP
GPRS Tunnelling Protocol
WEP
Wired Equivalent Privacy
WPA
Wi-Fi Protected Access
VoIP
Voice over Internet Protocol
WDCMA
Wideband Code-division Multiple Access
IDEN
Integrated Digital Enhanced Network
SCHEDULE 2BPotash, petroleum products and tobacco industry goods
1.
(1)
For the purposes of this Schedule—
(a)
a thing “falls within” a commodity code if it is, or would be, classified under that commodity code, as set out in the Goods Classification Table;
(b)
where a commodity code or chapter is preceded by “ex”, the goods specified in this Schedule constitute only a part of the scope of the commodity code or chapter and must fall within both the description given to that code or chapter in this Schedule and the scope of the code or chapter in the Goods Classification Table.
(2)
For the purposes of determining whether or not a thing is, or would be, “classified” in accordance with paragraph (1)(a), the rules of interpretation contained in the following have effect—
(a)
Part Two (Goods Classification Table Rules of Interpretation) of the Tariff of the United Kingdom;
(b)
notes to a section or chapter of the Goods Classification Table.
(3)
For the purposes of this Schedule—
“commodity code” includes a code denoting a heading or sub-heading;
“the Goods Classification Table” means the table so named in Annex Ⅰ in Part Three of the Tariff of the United Kingdom;
“the Tariff of the United Kingdom” means the document containing the legal classification and import rate for products being imported into the United Kingdom, entitled “The Tariff of the United Kingdom” as revised or reissued from time to time17, including by any document published under regulations made under section 8(1) of the Taxation (Cross-border Trade) Act 201818 replacing the same in whole or in part.2.
For the purposes of Part 5—
“potash” means any thing which falls within any of the following commodity codes—
(a)
31042010;
(b)
31042090;
(c)
31052010;
(d)
31052090;
(e)
31056000;
(f)
ex 31059020 or ex 31059080, provided in each case that it is a fertiliser containing potassium chloride;
“petroleum products” means any thing which falls within any of the following commodity codes—
(a)
2710;
(b)
2711;
(c)
2712;
(d)
2713;
(e)
2715.
“tobacco industry goods” means anything which falls within any of the following commodity codes—
(a)
ex 48239085, provided that it is a filter;
(b)
4813;
(c)
ex 330290, provided that it is a flavour for tobacco;
(d)
8478.”
Treasury licences38.
In Schedule 3 (Treasury licences: purposes)—
(a)
paragraphs 1 to 9 become Part 1 of Schedule 3;
(b)
“PART 1Asset-freeze etc. ”;
(c)
in paragraph 1—
(i)
for “Schedule”, substitute “Part”;
(ii)
omit the definitions of “consular post” and “diplomatic mission”;
(d)
“Humanitarian assistance activity10.
To enable anything to be done in connection with the performance of any humanitarian assistance activity.
PART 2Loans and credit
Humanitarian assistance activity11.
To enable anything to be done in connection with the performance of any humanitarian assistance activity.
Nuclear safety12.
To enable anything to be done for the purposes of nuclear safety.
Extraordinary situation13.
To enable anything to be done to deal with an extraordinary situation.
Diplomatic missions in the United Kingdom14.
To enable anything to be done in order that the functions of a diplomatic mission or consular post of Belarus in the United Kingdom may be carried out.
PART 3Insurance and reinsurance
Humanitarian assistance activity15.
To enable anything to be done in connection with the performance of any humanitarian assistance activity.
Nuclear safety16.
To enable anything to be done for the purposes of nuclear safety.
Extraordinary situation17.
To enable anything to be done to deal with an extraordinary situation.”