Legislation – The Republic of Belarus (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2021

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Introduction

PART 1
General

2 Amendment of the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019

3 Interpretation

4 Application of prohibitions and requirements outside the United Kingdom

PART 2
Designation of persons

5 Power to designate persons

6 Designation criteria

PART 3
Finance

7 Financial sanctions

8 Transferable securities etc.

9 In regulation 16(1)(a) (circumventing etc. prohibitions), for “regulations 11 to…

PART 4
Trade

10 Definition of “restricted goods” and “restricted technology”

11 Further definitions

12 Definition of “interception and monitoring services”

13 Interpretation of other expressions used in Part 5

14 Export of restricted goods and tobacco industry goods

15 (1) In the heading to regulation 21, after “restricted goods”,…

16 (1) In the heading to regulation 22, after “restricted goods”,…

17 (1) In the heading to regulation 23, after “restricted goods”,…

18 Interception and monitoring services

19 Dual-use goods and technology

20 Trade: further provision

PART 5
Aircraft sanctions

21 Aircraft

PART 6
Exceptions and licences

22 Finance: exceptions from prohibitions

23 Exception for authorised conduct in a relevant country

24 Exception for acts done for purposes of national security or prevention of serious crime

25 Exceptions: finance

26 Treasury licences

27 Trade licences

PART 7
Information, enforcement etc.

28 Application of information powers in the Customs and Excise Management Act 1979

29 Disclosure of information

30 Penalties for offences

31 Jurisdiction to try offences

32 Modification of penalties under the Customs and Excise Management Act 1979

33 Monetary penalties

34 Maritime enforcement

35 Trade: overlapping offences

PART 8
Amendments to Schedules

36 Schedule 1

37 Interception and monitoring goods and technology; other goods

38 Treasury licences

PART 9
Revocation

39 Revocation of the Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2021

Signature

Explanatory note

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.

After Schedule 2, insert—

“SCHEDULE 2AInterception and monitoring goods and interception and monitoring technology

Regulation 19

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

Regulation 20

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)

before paragraph 1, insert—

“PART 1Asset-freeze etc. ”;

(c)

in paragraph 1—

(i)

for “Schedule”, substitute “Part”;

(ii)

omit the definitions of “consular post” and “diplomatic mission”;

(d)

after paragraph 9, insert—

“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.”