Republic of Belarus sanctions: guidance

Question 1

1. Prohibitions and requirements imposed by the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019

Accepted Answer

The Regulations impose financial, trade, aircraft, shipping and immigration sanctions for the purposes of encouraging the Government of Belarus to:

respect democratic principles and institutions and the separation of powers and the rule of law in Belarus
refrain from actions, policies or activities which repress civil society in Belarus
investigate properly and institute criminal proceedings against persons responsible for the disappearances of Yury Zakharanka, Viktar Hanchar, Anatol Krasouski and Dzmitry Zavadski
comply with international human rights law and respect human rights
cease actions destabilising Ukraine or undermining or threatening the territorial integrity, sovereignty or independence of Ukraine, including by supporting or facilitating Russia’s actions in respect of Ukraine
refrain from any other action that undermines or threatens peace, security or stability in Europe

In order to achieve the stated purposes, the Regulations impose a number of prohibitions and requirements. In order to enforce these, the Regulations establish penalties and offences.

The prohibitions and requirements imposed by the Regulations apply within the territory of the United Kingdom (UK) (including Northern Ireland) and in relation to the conduct of all UK persons wherever they are in the world. UK persons include British nationals, as well as all bodies incorporated or constituted under the law of any part of the UK. Accordingly, the prohibitions and requirements imposed by the Regulations apply to all companies established in any part of the UK, and they also apply to branches of UK companies operating overseas.

The maritime enforcement powers contained in Part 9 of the Regulations apply in relation to British ships in international or foreign waters, ships without nationality in international waters and foreign ships in international waters.

It is prohibited to intentionally participate in any activities if you know that the object or effect of them is directly or indirectly to circumvent certain prohibitions imposed by the Regulations or to enable or facilitate the contravention of those prohibitions.

If you are unclear about any aspect of the Regulations, in particular about whether action you are considering taking could contravene the Regulations, you are advised to seek independent legal advice.

Prohibitions and requirements for the financial, trade, aircraft, shipping and immigration sanctions contained in the Regulations are set out below.

1.1 Designation of persons

The Regulations provide that the Secretary of State may designate persons by name for the purposes of immigration sanctions and/or certain financial, aircraft, shipping or trade sanctions, if they are an involved person (as defined in regulation 6).

The Regulations also make provision for the Secretary of State to provide that persons of a specified description are designated persons for the above purposes.

The UK Sanctions List lists the people designated under the Regulations, and details of the sanctions in respect of which they have been designated.

1.2 Financial sanctions

Asset freeze and making available provisions

The Regulations impose financial sanctions through a targeted asset freeze on designated persons and prohibitions on making funds or economic resources available. This involves the freezing of funds and economic resources (non-monetary assets, such as property or vehicles) of designated persons and ensuring that funds and economic resources are not made available to or for the benefit of designated persons, either directly or indirectly.

More information on financial sanctions can be found in the OFSI guidance.

OFSI is the authority responsible for implementing the UK’s financial sanctions on behalf of HM Treasury. OFSI helps to ensure that financial sanctions are properly understood, implemented and enforced in the UK. Further information on how OFSI implements financial sanctions can be found on the OFSI pages of GOV.UK.

Other financial and investment restrictions

It is prohibited to deal with transferable security or money-market instruments issued by a broad range of entities and individuals connected with Belarus and the government of Belarus including those issued by:

a relevant person (as defined in regulation 15D(1)) (a narrower range of restrictions applies to instruments issued in the period before the 2022 regulations came into force, for transferable security or money-market instruments with a maturity exceeding 90 days)
a person connected with Belarus (this is defined in regulation 2(2) and is subject to the exclusions in regulation 15B(2C)(a))
an entity majority owned by a person connected with Belarus

Loan and credit arrangements

The Regulations prohibit a person from directly or indirectly granting, or entering into an arrangement to grant:

a loan or credit with a maturity exceeding 90 days, granted after noon on 9 August 2021 and before 5 July 2022 to a “relevant person” (as set out above), which is classed as a category A loan
a loan or credit on or after 5 July 2022 to a “relevant person” (as set out above), which is classed as a category B loan
a loan or credit on or after 5 July 2022 with a maturity exceeding 30 days granted to a person connected with Belarus (this is defined in regulation 2(2), and is subject the exclusions in regulation 15B(5)), which is classed as a category C loan

Insurance and reinsurance services

A person must not provide insurance or reinsurance services to:

Belarus
a Belarusian authority (as defined in regulation 15D(1))
an entity wholly owned by Belarus or a Belarusian authority
anyone acting on their behalf or at their direction

This prohibition does not apply to persons who are in charge of a ship or aircraft and who are temporarily acting at the direction of the Belarusian authorities etc, for certain specified purposes.

Provision of financial services for the purpose of foreign exchange reserve and asset management

The Regulations prohibit a UK individual or entity from providing financial services for the purpose of foreign exchange reserve and asset management to:

the National Bank of Belarus
the Ministry of Finance of Belarus
a person owned or controlled directly or indirectly by any of the persons above; or
a person acting on behalf of or at the direction of any of the persons above

“Foreign exchange reserve and asset management” means activities relating to the reserves or assets of the persons listed above. Such reserves or assets include money market instruments (including cheques, bills and certificates of deposit); foreign exchange; derivative products (including futures and options); exchange rate and interest rate instruments (including products such as swaps and forward rate agreements); transferable securities; other negotiable instruments and financial assets (including bullion); and special drawing rights.

1.3 Trade sanctions

The Regulations impose trade prohibitions relating to:

military goods and military technology (as specified in Schedule 2 to the Export Control Order 2008)
any thing which falls within Chapter 93 of the Goods Classification Table^{[footnote 1]}, other than military goods
provision of technical assistance, armed personnel, financial services or funds, or associated brokering services where such provision enables or facilitates the conduct of certain military activities
dual-use goods and technology (as specified in Annex I to Council Regulation 428/2009 as retained by the European Union (Withdrawal) Act 2018 (‘the Dual-Use Regulation’))
internal repression goods and technology (as specified in Schedule 2 to the Regulations)
interception and monitoring goods and technology (as specified in Schedule 2A to the Regulations, but excluding goods and technology specified in Schedule 2 to the Export Control Order 2008, or Annex I to the Dual-Use Regulation)
interception and monitoring services
technical assistance relating to aircraft and ships
tobacco industry goods (as specified in Schedule 2B to the Regulations)
potash (as specified in Schedule 2B to the Regulations)
mineral products (as specified in Schedule 2B to the Regulations)
iron and steel products (as specified in Schedule 2B to the Regulations)
critical industry goods and technology (as specified in Schedule 2C of the Regulations)
luxury goods (as specified in Schedule 2E or the Regulations)
oil refining goods and technology (as specified in Schedule 2F of the Regulations)
quantum computing and advanced materials goods and technology (as specified in Schedule 2G of the Regulations)
chemical and biological weapons-related goods and technology (as specified in Schedule 2H of the Regulations)
machinery-related goods and technology (as specified in Schedule 2I of the Regulations)
banknotes (as specified in Regulation 20(3))
cement (as specified in Schedule 2J of the Regulations)
gold and gold jewellery (as specified in Schedule 2J of the Regulations)
relevant processed gold (as specified in Regulation 20(3))
rubber (as specified in Schedule 2J of the Regulations)
wood (as specified in Schedule 2J of the Regulations)

Technical guidance on interception and monitoring is available.

There are circumstances (set out in the relevant lists of controlled items) in which certain items are not controlled, for example when body armour or a helmet is accompanying a person for that person’s own protection. Please check the relevant lists as applicable.

Cement, gold, gold jewellery, iron and steel products, luxury goods, machinery-related goods and technology, mineral products, oil refining goods, tobacco industry goods, potash, and rubber and wood products are identified by reference to commodity codes in the Goods Classification Table. The UK Tariff sets out a system for the classification of goods to enable importers to ascertain the applicable rate of import duty for their goods. It is this system of classification that is used in the Regulations in order to determine whether goods are within scope of the prohibitions.

This means that where commodity codes are used in the Regulations, the relevant goods are those which would be classified under the relevant commodity code (applying the rules in the UK Tariff) if the goods were being imported to the UK.

Some of the listings of commodity codes in the Regulations have an “ex” before the code. Where this “ex” appears before a commodity code this means that the prohibitions in the Regulations do not apply to all of the items under that commodity code. The prohibitions will only apply to those items that (1) would be classified under the commodity code and (2) that match the description given next to the relevant “ex” code entry in the Regulations.

Further detail on these trade prohibitions, including key terminology used, is explained below. Please have regard to the relevant legislation which contains full definitions of terms used herein.

Export of goods

The concept of ‘export’ is set out in customs legislation, but is further detailed in Paragraph 32 of Schedule 1 to the Sanctions Act, which clarifies that “export” means export from the UK, but does not capture where goods are removed to the Isle of Man from the UK.

Export prohibitions in the Regulations cover export to Belarus as well as exports that are for use in Belarus. This means that, even if the immediate destination is not Belarus, the prohibition may still apply.

The export prohibitions at regulation 21 prohibit the export of banknotes, chemical and biological weapons-related goods, critical-industry goods, dual-use goods, interception and monitoring goods, internal repression goods, luxury goods, machinery-related goods, military goods, oil refining goods, quantum computing and advanced material goods and tobacco industry goods to or for use in Belarus.

Exporters should check the ultimate end use of goods and may apply for a licence or contact the Export Control Joint Unit (ECJU) if they know or think the items may be used in Belarus.

A sanctions licence is not required for exports of non-military goods covered by the Regulations from Northern Ireland to an EU Member State where the final destination is Belarus. You will however have to comply with any licensing requirements that apply in the relevant EU Member State for the onward export to Belarus. You will also have to comply with any other licensing requirements under UK export control legislation as applicable.

Import of goods

The concept of ‘import’ is set out in customs legislation, but is further detailed in Paragraph 33 of Schedule 1 to the Sanctions Act. This clarifies in particular that goods removed to the UK from the Isle of Man are not to be regarded as imported. Paragraph 34 details limited exceptions to this.

The import prohibition in regulation 27I (arms and related materiel, cement, gold and gold jewellery which has been exported from Belarus on or after 9 June 2023, iron and steel products, mineral products, potash, relevant processed gold, rubber and wood) covers goods that are consigned from Belarus and goods that originated in Belarus.

This means that even if the immediate place the goods were shipped from was not Belarus, the prohibition may still apply. Therefore, importers should check the original place goods were consigned from or contact the DBT Import Licensing Branch if they think the items may have originally been consigned from Belarus.

A sanctions licence is not required for imports into Northern Ireland of non-military goods covered by the Regulations from an EU Member State which originate in or are consigned from Belarus. You will however have to comply with any licensing requirements that apply in the relevant EU Member State for the original import into the customs territory of the EU. You will also have to comply with any other licensing requirements under UK import control legislation as applicable.

Supply and delivery of goods

Supply and delivery prohibitions in the Regulations prohibit a person from directly or indirectly supplying or delivering goods from a third country to a place in Belarus, from a place in Belarus to a third country, or from a place in a non-UK country to another non-UK country. Regulation 22(4) specifies that for the purposes of this regulation a third country is a country that is not the UK, Isle of Man or Belarus.

Regulation 22 prohibits a person from directly or indirectly supplying or delivering banknotes, chemical and biological weapons-related goods, critical-industry goods, dual-use goods, interception and monitoring goods, internal repression goods, luxury goods, machinery-related goods, military goods, oil refining goods, quantum computing and advanced materials goods, and tobacco industry goods from a third country to a place in Belarus.

Regulation 27K prohibits a person from directly or indirectly supplying or delivering arms and related materiel, cement, gold and gold jewellery which has been exported from Belarus on or after 9 June 2023, iron and steel products, mineral products, potash, rubber or wood from a place in Belarus to a third country.

The Regulations also prohibit a person from directly or indirectly supplying or delivering cement, gold and gold jewellery which has been exported from Belarus on or after 9 June 2023, mineral products, potash, rubber or wood from a place in a non-UK country to a place in a different non-UK country, where the potash or mineral products originate in Belarus.

Making goods and technology available

Prohibitions in the Regulations on making restricted goods and technology available (e.g. through a sale) include directly or indirectly making them available for use in Belarus or to a person “connected with” Belarus. Regulation 2 sets out when a person is to be regarded as “connected with” Belarus (and this applies where the term is used in other trade prohibitions in this Part of the Regulations).

Acquisition of goods and technology

Regulation 27J prohibits a person from directly or indirectly acquiring arms and related materiel, cement, gold and gold jewellery which has been exported from Belarus on or after 9 June 2023, iron and steel products, mineral products, potash, rubber, or wood which originate in or are located in Belarus. It also prohibits a person from directly or indirectly acquiring military goods or military technology or potash from a person connected with Belarus.

Regulation 2(2) sets out when a person is to be regarded as “connected with” Belarus.

Transfer of technology

Prohibitions in the Regulations on the transfer of restricted technology include transfer to a place in Belarus or a person “connected with” Belarus.

Regulation 24 prohibits the transfer of chemical and biological weapons-related technology, critical-industry technology, dual-use technology, interception and monitoring technology, internal repression technology, machinery-related technology, military technology, oil refining technology, quantum computing and advanced materials technology to a place in Belarus or to a person “connected with” Belarus.

The term ‘transfer’ is defined in Paragraph 37 of Schedule 1 to the Sanctions Act, which states that it ‘means a transfer by any means (or combination of means), including oral communication and that transfer of goods on which the technology is recorded or from which it can be derived, other than the export of such goods.’

Where restricted or dual-use technology is contained within a good, it would be classified as a restricted or dual-use good under the accompanying goods-related provisions. This includes information contained on USB memory devices, laptops, tablets and the like.

Technical assistance

The term ‘technical assistance’ in relation to goods or technology is defined in regulation 20, which states that it means:

technical support relating to the repair, development, production, assembly, testing, use or maintenance of the goods or technology, or
any other technical service relating to the goods or technology

Prohibitions apply where the technical assistance relates to certain specified goods or technology.

The prohibition in regulation 25 applies to the direct or indirect provision of technical assistance relating to relevant goods or technology (1) to persons connected with Belarus or (2) for use in Belarus.

This means that, even if the person to whom you are providing the relevant technical assistance is not in or “connected with” Belarus, the prohibition may still apply if the goods or technology to which the technical assistance relates are for use in Belarus. Therefore, if you are providing technical assistance you should check whether the goods or technology may be used in Belarus and apply for a licence or contact ECJU if so.

Regulation 25 prohibits the direct or indirect provision of technical assistance relating to chemical and biological weapons-related goods and technology, critical industry goods and technology, dual-use goods and dual-use technology, interception and monitoring goods and technology, internal repression goods and technology, machinery-related goods and technology, military goods and technology, oil refining goods and technology, quantum computing and advanced materials goods and technology to a person connected with Belarus or for use in Belarus

Regulation 27L prohibits the direct or indirect provision of technical assistance in relation to prohibited trade in cement, gold and gold jewellery which has been exported from Belarus on or after 9 June 2023, iron and steel products, potash, mineral products, relevant processed gold, rubber or wood.

‘Financial services’ refer to any services of a financial nature in many different forms including insurance and banking. Financial services include payment and money transmission services. The full definition of ‘financial services’ can be found in Section 61 of the Sanctions Act.

‘Funds’ means financial assets and benefits of every kind, including cash, securities and interest. The full definition of ‘funds’ can be found in Section 60 of the Sanctions Act.

Trade sanctions prohibitions on the provision of financial services and funds apply where they relate to certain specified goods or technology.

The prohibitions in the Regulations apply to the direct or indirect provision of financial services, and the direct or indirect making available of funds, to persons connected with Belarus in pursuance of or in connection with an arrangement set out in the Regulations. These arrangements are set out in regulations 26 and 27M. This captures arrangements where the object or effect falls into one of the prohibitions, for example the export or import of relevant goods, or the direct or indirect supply or delivery of relevant goods.

These prohibitions also prohibit the direct or indirect provision of financial services or funds in pursuance of or in connection with specific arrangements involving Belarus, as set out in regulations 26(3) and 27M(1).

Brokering services

The definition of ‘brokering services’ is set out in regulation 20, which states that it means any service to secure, or otherwise in relation to, an arrangement, including (but not limited to):

the selection or introduction of persons as parties or potential parties to the arrangement
the negotiation of the arrangement
the facilitation of anything that enables the arrangement to be entered into, and
the provision of any assistance that in any way promotes or facilitates the arrangement

Prohibitions on the provision of brokering services apply where they relate to certain specified goods or technology. The prohibitions apply to the direct or indirect provision of brokering services where they relate to specific arrangements. Those arrangements are set out in regulations 27 and, in relation to cement, gold and gold jewellery which has been exported from Belarus on or after 9 June 2023, iron and steel products, potash, mineral products, relevant processed gold, rubber or wood, in regulation 27M.

Other service provisions

Certain other services are prohibited in the Regulations.

These include the provision of certain services which enable or facilitate certain military activities. As set out in regulation 27O, the direct or indirect provision of the following is prohibited where such provision enables or facilitates the conduct of military activities carried on or proposed to be carried on by the Belarusian military or any other military end-user who is a person connected with Belarus:

a) technical assistance

b) armed personnel

c) financial services or funds, or

d) brokering services in relation to an arrangement whose object or effect is to provide, in a non-UK country any of the services mentioned in paragraphs (a) - (c)

Prohibitions on interception and monitoring services are set out in regulation 24A and relate to the direct or indirect provision of such services to or for the benefit of the Government of Belarus. The Government of Belarus is defined in regulation 2(1) as including its public bodies, corporations or agencies or any person acting on its behalf or at its direction. The definition of ‘interception and monitoring services’ is set out in regulation 19A.

Provisions on internet services are set out in regulation 27P and require social media companies, and internet service providers, to take reasonable steps to prevent their users from encountering or accessing services or content online directly generated, shared, uploaded or provided by a designated person. Application store providers must also take reasonable steps to prevent users from using their services to download or access internet services provided by a designated person. Designations for the purposes of these measures will be made by the Secretary of State and published on the UK Sanctions List.

Therefore, if you are an internet service provider, or provide a social media service or application store for internet service applications, then you should check whether an entity has been designated by the UK Government for this purpose and take the necessary action to ensure compliance with the prohibitions.

Technical assistance relating to aircraft and ships

Regulation 27N prohibits the direct or indirect provision of technical assistance to or for the benefit of persons designated for the purpose of this regulation, where that assistance relates to an aircraft or ship.

The persons designated for the purposes of this provision are set out in the UK Sanctions List under ‘sanctions imposed’.

The prohibition applies in relation to any aircraft or ship. You should carry out your own checks to determine to whom, or for whose benefit, you are providing technical assistance relating to aircraft or ships.

DBT contact details

The Department for Business and Trade (DBT) has overall responsibility for trade sanctions licensing. For general guidance on export controls and trade sanctions, contact the Export Control Joint Unit:

email: exportcontrol.help@trade.gov.uk or tradesanctions@trade.gov.uk

helpline: +44 (0)20 7215 4594

For general guidance on import controls and trade sanctions contact the DBT’s Import Licensing Branch:

email: importcontrols@trade.gov.uk

1.4 Immigration sanctions

The effect of the Regulations is to impose a travel ban on persons who are designated by the Secretary of State for the purposes of being made subject to immigration sanctions under the Sanctions Act. Such persons are excluded persons for the purposes of section 8B of the Immigration Act 1971.

Designated individuals will be refused leave to enter or remain in the UK. Any applications they make for a visa to travel to the UK, including for transit purposes, will be refused. Any foreign national who is subject to a travel ban under the Regulations, and who is currently in the UK, will have their permission to stay in the UK cancelled and steps will be taken to remove them from the UK.

If you are the subject of an immigration sanction and try to travel to the UK, carriers are required to deny you boarding.

Further information on how the Home Office deals with those who are subject to a travel ban can be found on the Home Office pages of GOV.UK.

1.5 Transport sanctions

The Regulations impose transport prohibitions relating to aircraft and shipping.

Aircraft sanctions

Part 5A of the Regulations prohibit a Belarusian aircraft which is owned, chartered or operated by persons connected with Belarus or designated persons from overflying the United Kingdom or landing in the United Kingdom.

In addition, the Regulations provide a power for the Civil Aviation Authority (CAA) to refuse to register an aircraft or for the Secretary of State to direct the CAA to terminate the registration of an aircraft that is owned or operated by a designated person or chartered by a designated person.

The Regulations confer direction making powers for the Secretary of State, air traffic control and airport operators regarding aircraft movements in United Kingdom airspace and at United Kingdom airports. The Regulations also provide a power for the Secretary of State to direct an airport operator to secure the detention of a Belarusian aircraft at an airport or to secure the movement of a Belarusian aircraft to a specified airport.

Belarusian aircraft is defined as an aircraft:

owned, chartered or operated by a designated person, or a person connected with Belarus, or
registered in Belarus

Shipping sanctions

Part 5B of the Regulations prohibit Belarusian ships, and other ships specified by the Secretary of State, from entering ports in the United Kingdom. The Regulations also confer powers on the Secretary of State and harbour authorities to issue port barring directions to the master or pilot of a specified ship. The Regulations provide the Secretary of State with a power to control the movement of Belarusian ships or specified ships by requiring them to leave or enter specified ports, proceed to a specified place or remain where they are.

The Regulations prohibit the registration of ships owned, controlled, chartered or operated by designated persons or persons connected with Belarus on the UK Ship Register and confer powers on the Secretary of State to direct the UK Ship Registrar to terminate the registration of such ships.

The Regulations also confer powers on the Secretary of State and harbour authorities to detain Belarusian ships or specified ships at ports or anchorages.

‘Belarusian ship’ is not a term used in the Regulations. However, it is used in this shipping section of the guidance to aid understanding and readability. It means a ship which is:

owned, controlled, chartered or operated by a designated person
owned, controlled, chartered or operated by persons connected with Belarus
registered in Belarus, or
flying the flag of Belarus

These Regulations do not apply to ships (that are not otherwise included in the Regulations) with Belarusian crews or Masters, unless they are a designated person.

The Department for Transport (DfT) is ultimately responsible for the implementation of these transport restrictions, some of which are enforced through the Maritime and Coastguard Agency, harbour authorities, National Air Traffic Services Limited (NATS), Civil Aviation Authority (CAA) and airport operators.

1.6 Information and record keeping

For the purpose of the financial sanctions contained in the Regulations, Part 7 of the Regulations places obligations on relevant firms (the definition of which is set out in the Regulations) to report information to HM Treasury about known or suspected designated persons or about persons who may have committed an offence under specified provisions of the Regulations.

It also grants powers to HM Treasury to request information from, amongst others, a designated person, including powers to request the production of documents. It also establishes offences for failing to comply with these requests (including for providing false information).

Part 7 also establishes information powers and record-keeping responsibilities in relation to the trade sanctions contained in the Regulations. It provides for offences for failing to comply with any of those requirements or intentionally obstructing an official in the exercise of those powers.

If you have obligations or responsibilities under Part 7 of the Regulations, it is important that you familiarise yourself with them. If you are unclear of your obligations or responsibilities, you are advised to seek independent legal advice.

Question 2

2. How will these sanctions measures be enforced?

Accepted Answer

The Regulations make it a criminal offence to contravene the trade, aircraft, shipping and financial sanctions, as well as to enable or facilitate a contravention of, or to circumvent, any of the prohibitions in the Regulations. They also prescribe the mode of trial and penalties that apply to such offences. In some cases, offences related to contraventions of prohibitions in the Regulations are contained within other legislation, such as the Customs and Excise Management Act 1979 (CEMA).

In addition to the below, further details on offences and penalties can be found in the corresponding report under section 18 of the Sanctions Act.

2.1 Financial sanctions

Breaches of financial sanctions are a serious criminal offence. Any breach of the main financial prohibitions in the Regulations is an offence that is triable either way and carries a maximum sentence on indictment of 7 years’ imprisonment or a fine (or both).

Offences under regulations 38(6) or 42 (information offences in connection with financial sanctions under the Regulations) are summary offences only and carry a maximum sentence of 6 months’ imprisonment or a fine (which in Scotland or Northern Ireland may not exceed level 5 on the standard scale) or both.

OFSI is responsible for monitoring compliance with financial sanctions and for assessing suspected breaches. It also has the power to impose monetary penalties for breaches of financial sanctions and to refer cases to law enforcement agencies for investigation and potential prosecution.

OFSI works with other parts of government, supervisory bodies and regulators to consider all cases reported to it, sharing relevant information accordingly.

If you find out that a person or organisation you are dealing with is subject to the financial sanctions detailed in the Regulations, you must immediately:

More detailed information on OFSI’s approach to compliance and enforcement can be found in Chapter 7 of OFSI’s guidance.

2.2 Trade sanctions

Any breach of the trade sanctions prohibitions in the Regulations is triable either way and carries a maximum sentence on indictment of 10 years’ imprisonment or a fine (or both). Any breach of the trade licensing provisions is also triable either way and carries a maximum sentence on indictment of 2 years’ imprisonment or a fine (or both).

HM Revenue and Customs (HMRC) is responsible for enforcing the licensing restrictions and investigating suspected offences.

If you discover that you have breached any of the trade prohibitions or licensing provisions, you should report the irregularity to HMRC (sometimes known as voluntary disclosure) as soon as possible. If the irregularity was found on an Export Control Joint Unit compliance audit, the compliance inspector will have informed HMRC and you are strongly advised to do the same. Guidance is available on how to make a voluntary disclosure.

Ofcom is responsible for monitoring compliance with trade sanctions in relation to internet services, and for assessing suspected breaches. It has the power to impose monetary penalties for breaches of these sanctions.

Where appropriate and where permitted by law, Ofcom may share relevant information with parts of government, supervisory bodies and regulators.

2.3 Transport sanctions

In relation to the transport sanctions on movement of aircraft, the following are offences:

the failure of an operator or pilot of a Belarusian aircraft to comply with the prohibition on overflying the United Kingdom or landing in the United Kingdom
the failure of an airport operator, without reasonable excuse, to comply with a direction given by the Secretary of State
the failure of an operator or pilot in command of a Belarusian aircraft to comply with a direction given by air traffic control or an airport operator

All are offences that are triable either way and carry a maximum sentence of 7 years’ imprisonment or a fine (or both).

The Secretary of State may notify a person that the existence or content of a port barring, entry or movement direction and any direction relating to the movement of aircraft, or anything done under such directions, is to be treated as confidential. Disclosure of confidential information is an offence which carries a maximum sentence of 6 months’ imprisonment on summary conviction or a fine (or both).

A breach of the transport sanctions relating to prohibition on port entry, failing to comply with a port barring direction or a port entry or movement direction is an offence that is triable either way and carries a maximum sentence of 7 years’ imprisonment or a fine (or both).

The offence of failing to comply with a detention direction in relation to a ship is triable either way and carries a sentence of a fine.

The Department for Transport (DfT) is ultimately responsible for the implementation of transport sanctions. The enforcement of these sanctions will be supported by the Maritime and Coastguard Agency, harbour authorities, the Civil Aviation Authority (CAA), National Air Traffic Services (NATS) and airport operators.

If you become aware that a breach of the transport prohibitions detailed in the Regulations has taken or will take place, then you must report it as soon as possible by calling DfT on 020 7944 5999 and by emailing transportsanctions@dft.gov.uk.

Question 3

3. Are there circumstances when I can get an authorisation or licence for a sanctioned activity?

Accepted Answer

Licensing and exception provisions are contained in Part 6 of the Regulations.

3.1 Exceptions

The Regulations set out exceptions to some of the sanctions prohibitions which apply within certain defined circumstances. An exception applies automatically, and does not require you to obtain a licence issued in accordance with the Regulations.

Regulation 30 establishes exceptions relating to financial sanctions prohibitions in regulations 11 to 15 including for the crediting of a frozen account by a relevant institution (any such interest or other earnings will be frozen in accordance with the relevant legislation underpinning the asset freeze). An exception also exists from the prohibition on making funds available to a designated person, when funds are transferred to a frozen account in discharge (or partial discharge) of an obligation which arose before the recipient became a designated person.

Regulation 31A establishes exceptions relating to loans and credit arrangements prohibited by regulation 15B. A loan may be granted where it has a specific and documented objective of making emergency funds available to meet applicable solvency or liquidity criteria for a relevant subsidiary.

A category A loan (as defined above in section 1.2) may be granted where it consists of a drawdown or disbursement made under an arrangement entered into before 9 August 2021, provided that the terms and conditions set out in regulation 31A are met. A category B loan (as set out above in section 1.2) or a category C loan (as set out above in section 1.2) may also be granted if it consists of a drawdown or disbursement made under an arrangement entered into before 5 July 2022, provided it meets the terms and conditions specified in regulation 31A.

There are exceptions for the prohibitions in regulation 15C relating to the provision of insurance and reinsurance services to allow the provision of compulsory or third-party insurance to a Belarusian national or entity that is located in the UK. The provision of insurance for a diplomatic mission or consular post of Belarus in the UK is also exempt, as is the provision of insurance for those falling within paragraph 2(d) of regulation 15C if it is for their personal use.

The Regulations establish exceptions relating to trade sanctions. They provide an exception to the prohibitions in regulation 27J(1) relating to the acquisition of mineral products, allowing the purchase in Belarus of mineral products where it is by an individual on a retail basis for their personal use, or solely for the performance of any humanitarian assistance activity in Belarus. The import, supply or delivery of mineral products which have been purchased for either of those reasons is also permitted under the exception, as is the provision of related technical assistance, financial services or funds, or brokering services in relation to that purchase.

Regulation 31D providers for certain exceptions in relation to prohibitions relating to the export of goods, supply and delivery of goods, making goods and technology available for use in Belarus or available to a person connected with Belarus, transfer of technology, and the provision of related services. These are the restrictions set out in regulations 21, 22, 23, 24, 25, 26 and 27. This provides that prohibitions are not contravened:

in relation to critical-industry goods or technology, quantum computing and advanced materials goods or technology, or machinery-related goods or technology which are:

the personal effects of a person travelling to Belarus
of a non-commercial nature for the personal use of a person travelling to Belarus and contained in that person’s luggage, or
necessary for the official purposes of a diplomatic mission, consular post or international organisation enjoying immunities

in relation to luxury goods which are:

necessary for the official purposes of a diplomatic mission or consular post in Belarus, or of an international organisation enjoying immunities, or
the personal effects of their staff
gold jewellery that is for personal use of and owned by the natural person exporting the jewellery to Belarus, or an immediate family member travelling with them, contained in their luggage provided that the jewellery is not intended for sale.

in relation to gold and gold jewellery which is:

necessary for the official purposes of a diplomatic mission or consular post in Belarus, or an international organisation enjoying immunities in accordance with international law
gold jewellery that is for personal use of and owned by the natural person importing it, or an immediate family member, travelling with them to the UK, contained in their luggage provided that the jewellery is not intended for sale.

Certain prohibitions on critical-industry goods, critical-industry technology, luxury goods and machinery-related goods or technology are also excepted where these goods are:

consumer communication devices for civilian use, or
software updates for civilian use (as defined in regulation 31E(1b))

Regulation 31F allows for critical-industry goods, critical-industry technology, machinery-related goods or technology and oil refining goods or oil refining technology as described in regulations 21-27 (with the exception of the provision of interception and monitoring services as defined in 24A) to be used to deal with an emergency, given permission from the Secretary of State.

The Regulations establish exceptions relating to some of the transport sanctions. There is an exception for the granting of access to a port where the access is needed by a ship in the case of an emergency or where a port entry or movement direction has been given in relation to the ship. Exceptions also apply in relation to the movement of aircraft in in the case of an emergency.

Regulation 31G provides an exception from the prohibition on the provision of technical assistance to or for the benefit of specific designated persons in relation to an aircraft or ship, where failure to provide that assistance would endanger the lives of persons on board the aircraft or ship or the safety of the aircraft in flight, or the ship at sea.

Regulation 31J provides an exception in relation to prohibitions on the export of banknotes intended for the personal use of people and their families travelling to Belarus up to a value of £10,000. There is also an exception for the official purposes of diplomatic missions, consular posts and international organisations, which does not have a limit. There is also an exception for when a person either did not know, or had no reasonable cause to suspect, that an offence would be committed.

Regulation 31K provides an exception in relation to prohibitions on the export of machinery-related goods and technology for non-military use and for a non-military end-user, where this is necessary for humanitarian assistance activity, addressing health emergencies, providing a response to natural disasters, medical or pharmaceutical purposes for the benefit of the civilian population of a country, temporary use by news media, or ensuring cyber-security and information security for persons in Belarus except for its government and undertakings directly or indirectly controlled by that government.

Regulation 30A establishes an exception to regulations 11 to 15, 15B, 15C or 15CA, and Chapters 2, 2A, 2B and 2C of Part 5 (Trade) which provides that prohibitions are not contravened if conduct is authorised by a licence which is issued under the law of the Isle of Man or any British Overseas Territory for the purpose of disapplying a prohibition in that jurisdiction which corresponds to the relevant prohibition.

Regulation 31 creates an exception in relation to any prohibition or requirement imposed by the Regulations for actions which a responsible officer has determined to be in the interests of national security, or the prevention or detection of serious crime in the UK or elsewhere.

If you are unsure whether an exception applies in your circumstances, you are advised to seek independent legal advice.

3.2 Licensing for financial sanctions

Where a person is designated for the purposes of the financial sanctions (asset freeze measures and making available provisions) contained in the Regulations, the designated person or a representative (on their behalf) may apply for a licence from OFSI to use their funds or economic resources (non-monetary assets, such as property or vehicles). Schedule 3 to the Regulations sets out the purposes pursuant to which, or for which activities, OFSI may grant an individual licence. In summary these are:

basic needs
reasonable professional fees for or reasonable expenses associated with the provision of legal services
reasonable fees or service charges arising from the routine holding or maintenance of frozen funds or economic resources
extraordinary expenses
pre-existing judicial decisions etc
diplomatic missions and consular posts
extraordinary situations
prior obligations
humanitarian assistance activities
medical goods and services
production or distribution of food

The following licensing grounds apply to loans and credit:

humanitarian assistance activity
nuclear safety
extraordinary situations
diplomatic missions or consular posts
medical goods or services
production or distribution of food

The following licensing grounds apply to insurance and re-insurance:

humanitarian assistance activity
nuclear safety
extraordinary situations
medical goods or services
production or distribution of food

A person or representative (on their behalf) may apply for a licence from OFSI to allow provision of financial services for the purposes of foreign exchange reserve and asset management services to the National Bank of Belarus or the Ministry of Finance of the Republic of Belarus. Part 4 of Schedule 3 to the Regulations sets out the purposes pursuant to which, or for which activities, OFSI may grant an individual licence. In summary these are:

humanitarian assistance activity
financial regulation
financial stability
safety and soundness of a firm
extraordinary situation

Further information on exceptions and licensing grounds can be found in OFSI’s guidance.

Information on licence applications and the relevant form can be found on OFSI’s GOV.UK licensing webpage.

3.3 Licensing for trade sanctions

Licences may also be issued for certain trade activities that would otherwise be prohibited by the Regulations. The Department for Business and Trade (DBT) has overall responsibility for trade sanctions licensing. The Secretary of State for International Trade is ultimately responsible for decisions to grant or refuse a trade sanctions licence in any individual case.

The Export Control Joint Unit sits within DBT and is responsible for administering the licensing provisions on behalf of the Secretary of State for all trade sanctions, except those relating to imports which are administered by the DBT Import Licensing Branch. In exercising these powers, DBT seeks and considers advice from other government departments.

In making decisions on whether to grant a licence to permit something which would otherwise be prohibited under Part 5 of the Regulations, the Secretary of State will consider each application on a case-by-case basis to determine whether granting a licence would be consistent with the stated purposes of the sanctions regime and any UN or other relevant international law obligations.

For some prohibitions there are some specific activities which DBT considers are likely to be consistent with the aims of the sanctions. These are set out in the table below. If you think that your proposed activity falls within one of these specific descriptions, you should make this clear and explain why you believe this to be the case in your application for a licence.

You should not assume that a licence will be granted or engage in any activities prohibited by trade sanctions until your licence has been granted.

Prohibition description	Prohibition reference	Considerations for licensing
Prohibitions on the export, making available, transfer, supply or delivery, of military goods or technology	Regulations 21-24	A licence may be granted for the export, making available, transfer, supply or delivery, of non-lethal military goods or technology, if the goods or technology are intended solely for humanitarian assistance activities, protective use, or for institution building programmes of the United Nations (UN) or the UK government, or for UK government or UN crisis management operations.
		A licence may be granted for the export, making available, transfer, supply or delivery of non-combat vehicles which have been manufactured or fitted with materials to provide ballistic protection, if the vehicles are intended solely for protective use of UK government personnel.
Prohibitions on the provision of technical assistance, brokering services, financial services or funds, related to military goods and technology	Regulations 25-27	A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to military goods or technology, if the technical assistance, brokering services, financial services or funds relate to non-lethal military goods or technology intended solely for humanitarian assistance activities, protective use, or for institution building programmes of the United Nations (UN) or the UK government, or for UK government or UN crisis management operations.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to military goods or technology if the technical assistance, brokering services, financial services or funds relate to non-combat vehicles which have been manufactured or fitted with materials to provide ballistic protection and the vehicles are intended solely for protective use of personnel of the UK government.
Prohibitions on the import, acquisition, supply, or delivery of military goods	Regulations 27I-K	A licence may be granted for the import, acquisition, supply or delivery of military goods from Belarus if the goods relate to the execution of contracts concluded before 5 July 2022 or ancillary contracts necessary for the execution of such contracts, provided the actions carried out under these contracts are completed by 30 August 2022.
		A licence may be granted for the import, acquisition, supply or delivery from Belarus of unsymmetrical dimethyl hydrazine (CAS 57-14-7) if it is for use in launchers operated by UK launch service providers, or for use in launches by the European Space Agency or UK space programmes, or for the fuelling of satellites by UK satellite manufacturers. ^{[footnote 2]}
		A licence may be granted for the import, acquisition, supply and delivery, making available and transfer of: Hydrazine (CAS 302-01-2) in concentrations of 70% or more; or Monomethyl hydrazine (CAS 60-34-4) if it is for use in launchers operated by European launch service providers, or for use in launches by space programmes of the European Space Agency or UK space programmes, or for the fuelling of satellites by UK satellite manufacturers. ^{[footnote 3]}
	Regulations 25-27	A licence may be granted for the provision of technical assistance, brokering services, financial services or funds if the technical assistance, brokering services, financial services or funds relate to the import, acquisition, export, supply and delivery, making available and transfer of: Hydrazine (CAS 302-01-2) in concentrations of 70% or more; or Monomethyl hydrazine (CAS 60-34-4) if it is for use in launchers operated by European launch service providers, or for use in launches by space programmes of the European Space Agency or UK space programmes, or for the fuelling of satellites by UK satellite manufacturers.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds if the technical assistance, brokering services, financial services or funds relate to unsymmetrical dimethyl hydrazine (CAS 57-14-7) if it is for use in launchers operated by UK launch service providers, or for use in launches by the European Space Agency or UK space programmes, or for the fuelling of satellites by UK satellite manufacturers.
Prohibitions on the export, making available, transfer, supply or delivery of goods or technology which might be used for internal repression	Regulations 21-24	A licence may be granted for the export, making available, transfer, supply or delivery of goods or technology which might be used for internal repression, if the goods or technology are intended solely for humanitarian assistance activities, protective use, or for institution building programmes of the United Nations (UN) or the UK government, or for UK government or UN crisis management operations.
		A licence may be granted for the export, making available, transfer, supply or delivery of non-combat vehicles which have been manufactured or fitted with materials to provide ballistic protection, if the vehicles are intended solely for protective use of UK government personnel.
Prohibitions on the provision of technical assistance, brokering services, financial services or funds, related to goods or technology which might be used for internal repression	Regulations 25-27	A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to goods or technology which might be used for internal repression if the goods or technology are intended solely for humanitarian assistance activities, protective use or for institution building programmes of the UN or the UK government or for UK government or UN crisis management operations.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to non-combat vehicles fitted with materials to provide ballistic protection, if the vehicles are intended solely for the protective use of UK government personnel.
Prohibitions on the export, making available, transfer, supply or delivery of interception and monitoring goods and technology	Regulations 21-24	A licence will not be granted for the export, making available, transfer, supply or delivery of interception and monitoring goods or technology if the Secretary of State has reasonable grounds to determine that the goods or technology would be used for internal repression by the Government of Belarus^{[footnote 4]}.
Prohibitions on the provision of technical assistance, brokering services, financial services or funds relating to interception and monitoring goods or technology	Regulations 25-27	A licence will not be granted for the provision of technical assistance, brokering services, financial services or funds relating to interception and monitoring goods or technology if the Secretary of State has reasonable grounds to determine that the provision of technical assistance, brokering services, financial services or funds relates to goods or technology that would be used for internal repression by the Government of Belarus.
Prohibitions on the export, making available, transfer, supply or delivery, of machinery-related goods and technology	Regulations 21-24	A licence may be granted for the export, making available, transfer, supply or delivery, of non-lethal military goods or technology, if the goods relate to the execution of contracts concluded before 9 June 2023 or ancillary contracts necessary for the execution of such contracts, provided the actions carried out under these contracts are completed by 17 July 2023 or as soon as possible thereafter.
Prohibitions on the provision of technical assistance, brokering services, financial services or funds related to machinery-related goods or technology	Regulations 25-27	A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to machinery-related goods or technology, if the technical assistance, brokering services, financial services or funds relates to the execution of contracts concluded before 9 June 2023 or ancillary contracts necessary for the execution of such contracts, provided the actions carried out under these contracts are completed by 17 July 2023 or as soon as possible thereafter.
Prohibitions on the import, acquisition, supply or delivery of cement, rubber or wood	Regulation 27I-K	A licence may be granted for the import, acquisition, supply, or delivery of cement, rubber or wood if the goods relate to the execution of obligations arising from contracts concluded before 9 June 2023 or ancillary contracts necessary for the execution of such contracts, provided the actions carried out under these contracts are completed by 9 July 2023 or as soon as possible thereafter.
Prohibitions on the provision of interception and monitoring services	Regulation 24A	A licence will not be granted for the provision of interception and monitoring services if the Secretary of State has reasonable grounds to determine that the interception and monitoring services would be used for internal repression by the Government of Belarus.
Prohibitions on the export, making available, supply or delivery of tobacco industry goods	Regulations 21-23	A licence may be granted for the export, making available, supply or delivery of tobacco industry goods if it relates to the execution of contracts concluded before 9 August 2021 or ancillary contracts necessary for the execution of such contracts.
Prohibitions on the import, acquisition, supply or delivery of potash or mineral products	Regulations 27I-27K	A licence may be granted for the import, acquisition, supply or delivery of potash or mineral products if it relates to the execution of contracts concluded before 9 August 2021 or ancillary contracts necessary for the execution of such contracts.
		A licence may be granted for the direct or indirect acquisition, supply or delivery or import of mineral products, where not already covered by the exceptions in Regulation 31C, if the Secretary of State is satisfied that the purchase of mineral products in Belarus and their incidental supply, delivery or import, is necessary for transport of the purchaser and their passengers or goods within or through Belarus, or for power generation carried out by the purchaser.
		A licence may be granted for the import, acquisition, supply or delivery of potash (goods falling under 31042050) or mineral products (goods falling under 2707) if it relates to the execution of contracts concluded before 5 July 2022 or ancillary contracts necessary for the execution of such contracts, provided the actions carried out under these contracts are completed by 30 August 2022 or as soon as possible thereafter.
Prohibitions on the provision of technical assistance, brokering services, financial services or funds relating to mineral products	Regulations 27L-27M	A licence may be granted for the provision of technical assistance, brokering services, financial services or funds relating to mineral products if it relates to the execution of contracts concluded before 9 August 2021 or ancillary contracts necessary for the execution of such contracts.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds relating to mineral products, where not already covered by the exceptions in regulation 31C, if the Secretary of State is satisfied that the technical assistance, brokering services, financial services or funds relating to mineral products is necessary for transport of the purchaser and their passengers or goods within or through Belarus, or for power generation carried out by the purchaser.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds relating to mineral products (goods falling under 2707) if it relates to the execution of contracts concluded before 5 July 2022 or ancillary contracts necessary for the execution of such contracts, provided the actions carried out under these contracts are completed by 30 August 2022 or as soon as possible thereafter.
Prohibitions on the export, making available, transfer, supply, or delivery of critical-industry goods and technology	Regulation 21-24	A licence may be granted for the export, making available, transfer, supply, or delivery of critical-industry goods or technology if the goods or technology relate to the execution of obligations arising from contracts concluded before 5 July 2022 or ancillary contracts necessary for the execution of such contracts, provided that the authorisation is requested before 30 August 2022.
		A licence may be granted for the export, making available, transfer, supply, or delivery of critical-industry goods or technology if the export, making available, transfer, supply, or delivery of the goods or technology is necessary for the maintenance and safety of critical-industry goods or technology within the UK.
		A licence may be granted for the export, making available, transfer, supply, or delivery of critical-industry goods or technology to enable anything to be done for the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health or safety, including the safety of existing infrastructure, or the environment.
		A licence may be granted for the export, making available, transfer, supply, or delivery of critical-industry goods and technology for humanitarian purposes for the delivery of humanitarian assistance activity.
		A licence may be granted for the export, making available, transfer, supply, or delivery of critical-industry goods and technology for medical and pharmaceutical purposes, provided that this is for the benefit of the civilian population.
		A licence may be granted for the export, making available, transfer, supply, or delivery of critical-industry goods and technology for use by the news media, provided that the Secretary of State has reasonable grounds to determine that the critical-industry goods or technology will be safely returned to the UK when no longer required and will not be hired, exchanged, sold or otherwise disposed of in Belarus.
		A licence may be granted for the export, making available, transfer, supply, or delivery of critical-industry goods and technology if the export, making available, transfer, supply, or delivery of critical-industry goods and technology is necessary for ensuring cyber security and information security for natural and legal persons, and bodies in Belarus, except for its government and undertakings directly or indirectly controlled by its government.
		A licence may be granted for the export, making available, transfer, supply, or delivery of critical-industry goods and technology if the export, making available, transfer, supply, or delivery of critical-industry goods and technology is necessary for the commissioning, operation, maintenance and repair of civilian communications networks (other than those which are the property of an entity that is publicly controlled or with over 50% state ownership), including the provision of internet services. A licence may not be granted where the Secretary of State has reasonable grounds to believe that the goods or technology may be intended for the Belarusian military, aviation, space or energy sectors.
		A licence may be granted for the export, making available, transfer, supply, or delivery of critical-industry goods and technology if the export, making available, transfer, supply, or delivery of critical-industry goods and technology is necessary for maritime safety. A licence may not be granted where the Secretary of State has reasonable grounds to believe that the goods or technology may be intended for the Belarusian military, aviation, space or energy sectors.
		A licence may be granted for the export, making available, transfer, supply, or delivery of critical-industry goods and technology if the critical-industry goods and technology are necessary for the repair of an aircraft which is not registered in Belarus, or owned or operated by a person connected with Belarus.
		A licence may be granted for the export, making available, transfer, supply, or delivery of critical-industry goods and technology if the critical-industry goods and technology are intended for the exclusive use of entities owned, or solely or jointly controlled by, a legal person, entity or body which is incorporated or constituted under UK law. A licence may not be granted where the Secretary of State has reasonable grounds to believe that the goods or technology may be intended for the Belarusian military, aviation, space or energy sectors.
		A licence may be granted for the export, making available, transfer, supply, or delivery of critical-industry goods or technology if the goods or technology are intended for intergovernmental cooperation in space programmes. A licence may not be granted where the Secretary of State has reasonable grounds to believe that the goods or technology may be intended for the Belarusian military, aviation or energy sectors.
Prohibitions on the provision of technical assistance, brokering services, financial services or funds relating to critical-industry goods and technology	Regulation 25-27	A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to critical-industry goods and technology if the Secretary of State is satisfied that the technical assistance, brokering services, financial services or funds are necessary for the execution of obligations arising from contracts concluded before 5 July 2022 or ancillary contracts necessary for the execution of such contracts, provided that the authorisation is requested before 30 August 2022.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to critical-industry goods and technology if the Secretary of State is satisfied that the technical assistance, brokering services, financial services or funds are necessary for the maintenance and safety of critical-industry goods and technology within the UK.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to critical-industry goods or technology if the Secretary of State is satisfied that the technical assistance, brokering services, financial services or funds are necessary for the delivery of humanitarian assistance activity.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to critical-industry goods or technology if the Secretary of State is satisfied that the technical assistance, brokering services, financial services or funds are necessary for medical and pharmaceutical purposes, provided that this is for the benefit of the civilian population.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to critical-industry goods or technology if the Secretary of State is satisfied that the technical assistance, brokering services, financial services or funds are required for the necessary prevention or mitigation of an event likely to have a serious and significant impact on human health and safety, including the safety of existing infrastructure, or the environment.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to critical-industry goods and technology for use by the news media, provided that the Secretary of State has reasonable grounds to determine that the critical-industry goods or technology will be safely returned to the UK when no longer required and will not be hired, exchanged, sold or otherwise disposed of in Belarus.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to critical-industry goods or technology if the Secretary of State is satisfied the technical assistance, brokering services, financial services or funds are necessary for ensuring cyber security and information security for natural and legal persons, and bodies in Belarus, except for its government and undertakings directly or indirectly controlled by its government.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to critical-industry goods or technology if the Secretary of State is satisfied the technical assistance, brokering services, financial services or funds are necessary for the commissioning, operation, maintenance and repair of civilian communications networks (other than those which are the property of an entity that is publicly controlled or with over 50% state ownership), including the provision of internet services. A licence may not be granted where the Secretary of State has reasonable grounds to believe that the goods or technology may be intended for the Belarusian military, aviation, space or energy sectors.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to critical-industry goods or technology if the Secretary of State is satisfied the technical assistance, brokering services, financial services or funds are necessary for maritime safety. A licence may not be granted where the Secretary of State has reasonable grounds to believe that the goods or technology may be intended for the Belarusian military, aviation, space or energy sectors.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to critical-industry goods or technology if the Secretary of State is satisfied that the technical assistance, brokering services, financial services or funds are necessary for the repair of an aircraft which is not registered in Belarus, or owned or operated by a person connected with Belarus.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to critical-industry goods or technology if the Secretary of State is satisfied the technical assistance, brokering services, financial services or funds are intended for the exclusive use of entities owned, or solely or jointly controlled by, a legal person, entity or body which is incorporated or constituted under UK law. A licence may not be granted where the Secretary of State has reasonable grounds to believe that the goods or technology may be intended for the Belarusian military, aviation, space or energy sectors.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to critical industry goods and technology where the technical assistance, brokering services, financial services or funds are necessary to prevent degradation or allow safe storage of aircraft or vessels located in the UK that are detained or are unable to operate due to UK financial, trade or transport sanctions measures.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to critical-industry goods or technology if the Secretary of State is satisfied that the technical assistance, brokering services, financial services or funds are necessary for intergovernmental cooperation in space programmes, A licence may not be granted where the Secretary of State has reasonable grounds to believe that the goods or technology may be intended for the Belarusian military, aviation or energy sectors.
Prohibitions on the export, making available, transfer, supply, or delivery of dual-use goods or technology	Regulation 21-24	A licence may be granted for the export, making available, transfer, supply or delivery of dual-use goods or technology for a military end-use or a military end-user if the goods or technology relate to the execution of obligations arising from contracts concluded before 9 August 2021 or ancillary contracts necessary for the execution of such contracts.
		A licence may be granted for the export, making available, transfer, supply, or delivery of dual-use goods or technology if the goods or technology relate to the execution of obligations arising from contracts concluded before 5 July 2022 or ancillary contracts necessary for the execution of such contracts, provided that the authorisation is requested before 30 August 2022.
		A licence may be granted for the export, making available, transfer, supply, or delivery of dual-use goods or technology if the export, making available, transfer, supply, or delivery of the goods or technology is necessary for the maintenance and safety of dual-use goods or technology within the UK.
		A licence may be granted for the export, making available, transfer, supply, or delivery of dual-use goods or technology if necessary in relation to the repair of an aircraft which is not registered in Belarus, or owned or operated by a person connected with Belarus.
		A licence may be granted for the export, making available, transfer, supply, or delivery of dual-use goods or technology to enable anything to be done for the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health or safety, including the safety of existing infrastructure, or the environment.
		A licence may be granted for the export, making available, transfer, supply, or delivery of dual-use goods or technology for the delivery of humanitarian assistance activity.
		A licence may be granted for the export, making available, transfer, supply, or delivery of dual-use goods and technology for medical and pharmaceutical purposes, provided that this is for the benefit of the civilian population.
		A licence may be granted for the export, making available, transfer, supply, or delivery of dual-use goods and technology for use by the news media, provided that the Secretary of State has reasonable grounds to determine that the dual-use goods and technology will be safely returned to the UK when no longer required and will not be hired, exchanged, sold or otherwise disposed of in Belarus.
		A licence may be granted for the export, making available, transfer, supply, or delivery of dual-use goods or technology where this is necessary for a software update for civilian use.
		A licence may be granted for the export, making available, transfer, supply, or delivery of dual-use goods and technology if the export, making available, transfer, supply, or delivery of dual-use goods and technology is necessary for ensuring cyber security and information security for natural and legal persons, and bodies in Belarus, except for its government and undertakings directly or indirectly controlled by its government.
		A licence may be granted for the export, making available, transfer, supply, or delivery of dual-use goods and technology if the export, making available, transfer, supply, or delivery of dual-use goods and technology is necessary for the commissioning, operation, maintenance and repair of civilian communications networks (other than those which are the property of an entity that is publicly controlled or with over 50% state ownership), including the provision of internet services. A licence may not be granted where the Secretary of State has reasonable grounds to believe that the goods or technology may be intended for the Belarusian military, aviation, space or energy sectors.
		A licence may be granted for the export, making available, transfer, supply, or delivery of dual-use goods and technology if the export, making available, transfer, supply, or delivery of dual-use goods and technology is necessary for maritime safety. A licence may not be granted where the Secretary of State has reasonable grounds to believe that the goods or technology may be intended for the Belarusian military, aviation, space or energy sectors.
		A licence may be granted for the export, making available, transfer, supply, or delivery of dual-use goods and technology if the export, making available, transfer, supply, or delivery of dual-use goods and technology is necessary for the official purposes of a diplomatic mission, consular post or international organisation enjoying immunities in the United Kingdom in accordance with international law. A licence may not be granted where the Secretary of State has reasonable grounds to believe that the goods or technology may be intended for the Belarusian military, aviation, space or energy sectors.
		A licence may be granted for the export, making available, transfer, supply, or delivery of dual-use goods and technology if the dual-use goods and technology are intended for the exclusive use of entities owned, or solely or jointly controlled by, a legal person, entity or body which is incorporated or constituted under UK law. A licence may not be granted where the Secretary of State has reasonable grounds to believe that the goods or technology may be intended for the Belarusian military, aviation, space or energy sectors.
		A licence may be granted for the export, making available, transfer, supply, or delivery of dual-use goods or technology if the goods or technology are intended for intergovernmental cooperation in space programmes. A licence may not be granted where the Secretary of State has reasonable grounds to believe that the goods or technology may be intended for the Belarusian military, aviation or energy sectors.
Prohibitions on the provision of technical assistance, brokering services, financial services or funds relating to dual-use goods or technology	Regulations 25-27	A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to dual-use goods or technology for a military end-use or military end-user if the goods or technology relate to the execution of contracts concluded before 9 August 2021 or ancillary contracts necessary for the execution of such contracts.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to dual-use goods or technology if the Secretary of State is satisfied that the technical assistance, brokering services, financial services or funds are necessary for the execution of obligations arising from contracts concluded before 5 July 2022 or ancillary contracts necessary for the execution of such contracts, provided that the authorisation is requested before 30 August 2022.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to dual-use goods or technology if the Secretary of State is satisfied that the technical assistance, brokering services, financial services or funds are necessary for the maintenance and safety of dual-use goods and technology within the UK.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to dual-use goods or technology if the Secretary of State is satisfied that the technical assistance, brokering services, financial services or funds are necessary for the delivery of humanitarian assistance activity.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to dual-use goods or technology if the Secretary of State is satisfied that the technical assistance, brokering services, financial services or funds are necessary for medical and pharmaceutical purposes, provided that this is for the benefit of the civilian population.
		A licence may be granted for the export, making available, transfer, supply, or delivery of dual-use goods or technology if the Secretary of State is satisfied that the technical assistance, brokering services, financial services or funds are necessary in relation to the repair of an aircraft which is not registered in Belarus, or owned or operated by a person connected with Belarus.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to dual-use goods or technology if the Secretary of State is satisfied that the technical assistance, brokering services, financial services or funds are necessary for software updates for civilian use.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to dual-use goods or technology if the Secretary of State is satisfied the technical assistance, brokering services, financial services or funds are intended for the exclusive use of entities owned, or solely or jointly controlled by, a legal person, entity or body which is incorporated or constituted under UK law. A licence may not be granted where the Secretary of State has reasonable grounds to believe that the goods or technology may be intended for the Belarusian military, aviation, space or energy sectors.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to dual-use goods or technology if the Secretary of State is satisfied that the technical assistance, brokering services, financial services or funds are required for the necessary prevention or mitigation of an event likely to have a serious and significant impact on human health and safety, including the safety of existing infrastructure, or the environment.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to dual-use goods or technology for use by the news media, provided that the Secretary of State has reasonable grounds to determine that the dual-use goods or technology will be safely returned to the UK when no longer required and will not be hired, exchanged, sold or otherwise disposed of in Belarus.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to dual-use goods or technology if the Secretary of State is satisfied the technical assistance, brokering services, financial services or funds are necessary for ensuring cyber security and information security for natural and legal persons, and bodies in Belarus, except for its government and undertakings directly or indirectly controlled by its government.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to dual-use goods or technology if the Secretary of State is satisfied the technical assistance, brokering services, financial services or funds are necessary for the commissioning, operation, maintenance and repair of civilian communications networks (other than those which are the property of an entity that is publicly controlled or with over 50% state ownership), including the provision of internet services. A licence may not be granted where the Secretary of State has reasonable grounds to believe that the goods or technology may be intended for the Belarusian military, aviation, space or energy sectors.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to dual-use goods or technology if the Secretary of State is satisfied the technical assistance, brokering services, financial services or funds are necessary for maritime safety. A licence may not be granted where the Secretary of State has reasonable grounds to believe that the goods or technology may be intended for the Belarusian military, aviation, space or energy sectors.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to dual-use goods or technology if the Secretary of State is satisfied that the technical assistance, brokering services, financial services or funds are necessary for the official purposes of a diplomatic mission, consular post or international organisation enjoying immunities in the United Kingdom in accordance with international law. A licence may not be granted where the Secretary of State has reasonable grounds to believe that the goods or technology may be intended for the Belarusian military, aviation, space or energy sectors.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to dual-use goods or technology where the technical assistance, brokering services, financial services or funds are necessary to prevent degradation or allow safe storage of aircraft or vessels located in the UK that are detained or are unable to operate due to UK financial, trade or transport sanctions measures.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to dual-use goods or technology if the Secretary of State is satisfied that the technical assistance, brokering services, financial services or funds are necessary for intergovernmental cooperation in space programmes. A licence may not be granted where the Secretary of State has reasonable grounds to believe that the goods or technology may be intended for the Belarusian military, aviation or energy sectors.
Prohibitions on the export, making available, transfer, supply, or delivery of quantum computing and advanced materials goods and technology	Regulation 21-24	A licence may be granted for the export, making available, transfer, supply, or delivery of quantum computing and advanced materials goods or technology if the goods or technology relate to the execution of obligations arising from contracts concluded before 5 July 2022 or ancillary contracts necessary for the execution of such contracts, provided that the authorisation is requested before 30 August 2022.
		A licence may be granted for the export, making available, transfer, supply, or delivery of quantum computing and advanced materials goods or technology if the export, making available, transfer, supply, or delivery of the goods or technology is necessary for the maintenance and safety of quantum computing and advanced materials goods or technology within the UK.
		A licence may be granted for the export, making available, transfer, supply, or delivery of quantum computing and advanced materials goods or technology to enable anything to be done for the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health or safety, including the safety of existing infrastructure, or the environment.
		A licence may be granted for the export, making available, transfer, supply, or delivery of quantum computing and advanced materials goods or technology for humanitarian purposes for the delivery of humanitarian assistance activity.
		A licence may be granted for the export, making available, transfer, supply, or delivery of quantum computing and advanced materials goods or technology for medical and pharmaceutical purposes, provided that this is for the benefit of the civilian population.
		A licence may be granted for the export, making available, transfer, supply, or delivery of quantum computing and advanced materials goods or technology for use by the news media, provided that the Secretary of State has reasonable grounds to determine that the quantum computing and advanced materials goods or technology will be safely returned to the UK when no longer required and will not be hired, exchanged, sold or otherwise disposed of in Belarus.
		A licence may be granted for the export, making available, transfer, supply, or delivery of quantum computing and advanced materials goods or technology if the export, making available, transfer, supply, or delivery of quantum computing and advanced materials goods and technology is necessary for ensuring cyber security and information security for natural and legal persons, and bodies in Belarus, except for its government and undertakings directly or indirectly controlled by its government.
		A licence may be granted for the export, making available, transfer, supply, or delivery of quantum computing and advanced materials goods or technology if the export, making available, transfer, supply, or delivery of quantum computing and advanced materials goods and technology is necessary for the commissioning, operation, maintenance and repair of civilian communications networks (other than those which are the property of an entity that is publicly controlled or with over 50% state ownership), including the provision of internet services. A licence may not be granted where the Secretary of State has reasonable grounds to believe that the goods or technology may be intended for the Belarusian military, aviation, space or energy sectors.
		A licence may be granted for the export, making available, transfer, supply, or delivery of quantum computing and advanced materials goods or technology if the export, making available, transfer, supply, or delivery of quantum computing and advanced materials goods and technology is necessary for maritime safety. A licence may not be granted where the Secretary of State has reasonable grounds to believe that the goods or technology may be intended for the Belarusian military, aviation, space or energy sectors.
		A licence may be granted for the export, making available, transfer, supply, or delivery of quantum computing and advanced materials goods or technology if the quantum computing and advanced materials goods and technology are necessary for the repair of an aircraft which is not registered in Belarus, or owned or operated by a person connected with Belarus.
		A licence may be granted for the export, making available, transfer, supply, or delivery of quantum computing and advanced materials goods or technology where this is necessary for a software update for civilian use.
		A licence may be granted for the export, making available, transfer, supply, or delivery of quantum computing and advanced materials goods and technology if the quantum computing and advanced materials goods and technology are intended for the exclusive use of entities owned, or solely or jointly controlled by, a legal person, entity or body which is incorporated or constituted under UK law. A licence may not be granted where the Secretary of State has reasonable grounds to believe that the goods or technology may be intended for the Belarusian military, aviation, space or energy sectors.
Prohibitions on the provision of technical assistance, brokering services, financial services or funds relating to quantum computing and advanced materials goods and technology	Regulation 25-27	A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to quantum computing and advanced materials goods or technology if the Secretary of State is satisfied that the technical assistance, brokering services, financial services or funds are necessary for the execution of obligations arising from contracts concluded before 5 July 2022 or ancillary contracts necessary for the execution of such contracts, provided that the authorisation is requested before 30 August 2022.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to quantum computing and advanced materials goods or technology if the Secretary of State is satisfied that the technical assistance, brokering services, financial services or funds are necessary for the maintenance and safety of quantum computing and advanced materials goods or technology within the UK.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to quantum computing and advanced materials goods or technology if the Secretary of State is satisfied that the technical assistance, brokering services, financial services or funds are necessary for the delivery of humanitarian assistance activity.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to quantum computing and advanced materials goods or technology if the Secretary of State is satisfied that the technical assistance, brokering services, financial services or funds are necessary for medical and pharmaceutical purposes, provided that this is for the benefit of the civilian population.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to quantum computing and advanced materials goods or technology if the Secretary of State is satisfied that the technical assistance, brokering services, financial services or funds are required for the necessary prevention or mitigation of an event likely to have a serious and significant impact on human health and safety, including the safety of existing infrastructure, or the environment.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to quantum computing and advanced materials goods or technology for use by the news media, provided that the Secretary of State has reasonable grounds to determine that the quantum computing and advanced materials goods or technology will be safely returned to the UK when no longer required and will not be hired, exchanged, sold or otherwise disposed of in Belarus.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to quantum computing and advanced materials goods or technology if the Secretary of State is satisfied the technical assistance, brokering services, financial services or funds are necessary for ensuring cyber security and information security for natural and legal persons, and bodies in Belarus, except for its government and undertakings directly or indirectly controlled by its government.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to quantum computing and advanced materials goods or technology if the Secretary of State is satisfied the technical assistance, brokering services, financial services or funds are necessary for the commissioning, operation, maintenance and repair of civilian communications networks (other than those which are the property of an entity that is publicly controlled or with over 50% state ownership), including the provision of internet services. A licence may not be granted where the Secretary of State has reasonable grounds to believe that the goods or technology may be intended for the Belarusian military, aviation, space or energy sectors.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to quantum computing and advanced materials goods or technology if the Secretary of State is satisfied the technical assistance, brokering services, financial services or funds are necessary for maritime safety. A licence may not be granted where the Secretary of State has reasonable grounds to believe that the goods or technology may be intended for the Belarusian military, aviation, space or energy sectors.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to quantum computing and advanced materials goods or technology if the Secretary of State is satisfied that the technical assistance, brokering services, financial services or funds are necessary for the repair of an aircraft which is not registered in Belarus, or owned or operated by a person connected with Belarus.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to quantum computing and advanced materials goods or technology if the Secretary of State is satisfied the technical assistance, brokering services, financial services or funds are intended for the exclusive use of entities owned, or solely or jointly controlled by, a legal person, entity or body which is incorporated or constituted under UK law. A licence may not be granted where the Secretary of State has reasonable grounds to believe that the goods or technology may be intended for the Belarusian military, aviation, space or energy sectors.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to quantum computing and advanced materials goods or technology if the Secretary of State is satisfied that the technical assistance, brokering services, financial services or funds are necessary for software updates for civilian use.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to quantum computing and advanced materials goods or technology if the Secretary of State is satisfied that the technical assistance, brokering services, financial services or funds are necessary for intergovernmental cooperation in space programmes, provided that this is for non-military use and for a non-military end user. A licence may not be granted where the Secretary of State has reasonable grounds to believe that the goods or technology may be intended for the Belarusian military, aviation or energy sectors.
Prohibitions on the export, making available, transfer, supply or delivery of oil refining goods and technology	Regulation 21-24	A licence may be granted for the export, making available, transfer, supply, or delivery of oil refining goods or technology if the goods or technology relate to the execution of obligations arising from contracts concluded before 5 July 2022 or ancillary contracts necessary for the execution of such contracts, provided that the authorisation is requested before 16 August 2022.
		A licence may be granted for the export, making available, transfer, supply, or delivery of oil refining goods or technology to enable anything to be done for the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety, including the safety of existing infrastructure, or the environment.
Prohibitions on the provision of technical assistance, brokering services, financial services or funds relating to oil refining goods and technology	Regulation 25-27	A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to oil refining goods or technology if the Secretary of State is satisfied that the technical assistance, brokering services, financial services or funds are necessary for the execution of obligations arising from contracts concluded before 5 July 2022 or ancillary contracts necessary for the execution of such contracts, provided that the authorisation is requested before 16 August 2022.
		A licence may be granted for the provision of technical assistance, brokering services, financial services or funds related to oil refining goods or technology to enable anything to be done for the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety, including the safety of existing infrastructure, or the environment.
Prohibitions on the export, making available, supply or delivery of luxury goods	Regulation 21-23	A licence may be granted for the export, making available, transfer, supply, or delivery of luxury goods if the items are necessary for the official purposes of a diplomatic mission, consular post or international organisation enjoying immunities in the United Kingdom in accordance with international law.
		A licence may be granted for the export, making available, transfer, supply, or delivery of luxury goods for the delivery of humanitarian assistance activity.
		A licence may be granted for the export, making available, transfer, supply, or delivery of luxury goods to enable anything to be done for the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety, including the safety of existing infrastructure, or the environment.
		A licence may be granted for the export, making available, transfer, supply or delivery of borrowed cultural artefacts, loaned objects or artworks subject to temporary export licences, e.g. loaned artwork.
		A licence may be granted for the export, making available, transfer, supply, or delivery of luxury goods where: - the luxury goods are vessels, aircraft, or vehicles and their component parts - the vessel, aircraft or vehicle is moving from the UK to Belarus, from a third country to Belarus, or to the United Kingdom or a third country from Belarus, or transiting Belarus - in the case of an aircraft, it is carrying goods or passengers when removed or is removed in order to undertake a journey carrying goods or passengers - the vessel, aircraft or vehicle is moving under its own power, and - the movement of the vessel, aircraft or vehicle is not for the purpose of a transfer of ownership of the vessel, aircraft or vehicle (or any of its component parts), or a change of the operator of the vessel, aircraft or vehicle
Prohibitions on the provision of technical assistance to or for the benefit of specific designated persons, in relation to an aircraft or ship	Regulation 27N	A licence may be granted for the provision of technical assistance to or for the benefit of a designated person where the technical assistance is necessary to prevent degradation or allow safe storage of aircraft or ships located in the UK that are detained or are unable to operate due to UK financial, trade or transport sanctions measures.
Prohibition on the import, acquisition, supply and delivery, directly or indirectly, of certain iron and steel products	Regulation 27I-K	A licence may be granted for the import, acquisition, supply or delivery, directly or indirectly, of certain iron and steel products if it relates to the execution of obligations arising from contracts concluded before 5 July 2022, or ancillary contracts necessary for the execution of such contracts, provided the actions carried out under these contracts are completed by 30 August 2022 or as soon as possible thereafter.
Prohibition on the provision of technical assistance, brokering services, financial services or funds relating to iron and steel products	Regulation 27L-M	A licence may be granted for the provision of technical assistance, brokering services, financial services or funds relating to iron and steel products if it relates to the execution of contracts concluded before 5 July 2022 or ancillary contracts necessary for the execution of such contracts, provided the actions carried out under these contracts are completed by 30 August 2022 or as soon as possible thereafter.

Applications for trade sanctions licences can be made through SPIRE. Information on the activities you wish to carry out and any other relevant documentation can be provided in a cover letter and attached to the application. If you have questions on trade sanctions licensing, please contact us via tradesanctions@trade.gov.uk.

When you export goods, you may need to submit an electronic export declaration via the National Export System (NES), part of His Majesty’s Revenue and Customs’ (HMRC) Customs Handling of Import and Export Freight (CHIEF) system. Guidance is available on how to make an export declaration.

Licence applications for import of goods can be made through the online import licensing system ICMS, managed by DBT’s Import Licensing Branch (ILB). The DBT Import Licensing Branch will, to the extent possible, aim to inform the trader of the application outcome within 30 days. However, in some circumstances, for operational or legal reasons, DBT may need to take longer than the 30 day period. We will inform the applicant if this is the case.

When you import goods, you may need to submit an import declaration through His Majesty’s Revenue and Customs’ (HMRC) Customs Handling of Import and Export Freight (CHIEF) system. Guidance is available on how to make an import declaration.

3.4 Overlap with strategic export licensing

Military goods and military technology

Please note that the export of and trade in military goods and military technology are also controlled under the Export Control Order 2008 and so you may also need a licence which is valid under that legislation. This means that all licence applications relating to military goods and military technology will also need to be considered against the Strategic Export Licensing Criteria. A licence under the Regulations is unlikely to be granted if a licence is refused for the same activity under the Export Control Order 2008.

The way this will work in practice is that we will consider an application for a licence which relates to activities that are licensable under both the Regulations and the Export Control Order 2008 as an application for a licence under both pieces of legislation. This means that only a single licence application is required.

The application will be considered against the relevant licensing criteria. If a licence is granted it will be valid under both the Export Control Order 2008 and the Regulations.

Dual-use goods and technology

Please note that the export of and trade in dual-use goods and technology are also controlled under the Dual-Use Regulation. Authorisations under that Regulation are granted by the Secretary of State for International Trade under licensing powers in the Export Control Order 2008.

This means that all licence applications relating to items which are controlled dual-use goods and technology will also need to be considered against the Strategic Export Licensing Criteria. A licence under the Regulations is unlikely to be granted if an authorisation is refused for the same activity under the Dual-Use Regulation.

As explained above in relation to military goods and technology, only a single licence application will be required in relation to dual-use goods and technology which falls within the scope of both the Regulations and the Dual-Use Regulation. If the application is compatible with both criteria, a licence will be granted which will be valid under the Dual-Use Regulation and the Export Control Order 2008 as well as the Regulations.

Overlap between trade sanctions and financial sanctions

If you import or export goods, you need to consider if financial sanctions apply to you. You may need a licence from OFSI as well as from the Export Control Joint Unit or the Import Licensing Branch.

Transit control

Certain goods transiting the UK are still regarded as being exported when they leave the country and are therefore subject to control. Article 17 of the Export Control Order 2008 includes a transit and transhipment exception meaning that in many situations a licence is not required. This exception does not apply to goods destined for Belarus, meaning that a licence is required to transit goods through the UK or to tranship them in the UK with a view to re-exportation to Belarus.

3.5 Licensing for transport sanctions

Licences may also be issued for certain transport activities that would otherwise be prohibited by the Regulations. The Department for Transport (DfT) has overall responsibility for transport sanctions licensing. The Secretary of State for Transport is ultimately responsible for decisions to grant or refuse a transport sanctions licence in any individual case.

For some prohibitions there are some specific activities that DfT considers are likely to be consistent with the aims of the sanctions.

These are set out in the table below. If you think that your proposed activity falls within one of these specific descriptions you should make this clear and explain why you believe this to be the case in your application for a licence.

Prohibition description	Prohibition reference	Considerations for licensing
Prohibition on the movement of Belarusian aircraft	Regulation 29A	A licence may be granted for the overflight of UK airspace, or for the landing in the UK, of a Belarusian aircraft where it is necessary either: - for the delivery of humanitarian assistance, or - for the official purposes of a diplomatic mission or consular post in Belarus or the UK, or of an international organisation enjoying immunities in the UK in accordance with international law, or - for testing the aircraft for the purposes of providing technical assistance

You should not assume that a licence will be granted or engage in any activities prohibited by the sanctions until your licence has been granted.

A licence may be general or be issued to a particular category of person or to a particular person. Licences may contain conditions and they may be of a defined duration or of indefinite duration.

Information on how to apply for a transport sanctions licence is available on GOV.UK.

3.6 Directions in respect of immigration sanctions

If you are subject to immigration sanctions the Home Office may direct on a case by case basis, that the sanction does not apply in particular circumstances, such as for travel to, or through, the UK for a UN sponsored meeting. You can check how to apply for a UK visa, and find further information about travelling to the UK on GOV.UK.

Question 4

4. Further information

Accepted Answer

Sign up to receive Notices to Exporters and view the Notices to Importers for updates on trade sanctions.

To receive an email alerting you to any changes to the consolidated list of financial sanctions targets, you can subscribe to OFSI’s e-alert.

“the Goods Classification Table” means the table so named in Annex I in Part Three of the Tariff of the United Kingdom. ↩
The amount of hydrazine that can be exported for each individual launch or satellite shall not exceed a total quantity of 800 kg. The amount of any export of monomethyl hydrazine shall be calculated in accordance with the launch or launches or the satellites for which it is made. ↩
The amount of any export of hydrazine shall be calculated in accordance with the launch or launches or the satellites for which it is made and shall not exceed a total quantity of 800 kg for each individual launch or satellite. The amount of any export of monomethyl hydrazine shall be calculated in accordance with the launch or launches or the satellites for which it is made. ↩
All references in this table to ‘The Government of Belarus’ include its public bodies, corporations or agencies, or any person or entity acting on its behalf or at its direction. ↩

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