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An exception from the prohibition on port entry is provided for where access or entry is needed by the ship in case of emergency.
OFSI may grant licences in respect of activity which would otherwise be prohibited under this provision on the following grounds:
– humanitarian assistance;
– financial regulation (i,e, authorising acts done by a financial authority such as the Financial Conduct Authority, Prudential Regulation Authority or Bank of England);
– financial stability of the UK;
– safety and soundness of a UK financial services firm; or
– extraordinary situations.
Exception is provided where failing to land would endanger the lives of persons on board or on the ground or the safety of the aircraft.
08.04.2022 General Trade Licence provides regulation on the provision of technical assistance, financial services and funds, and brokering services, related to aircraft. This licence authorises the export, direct or indirect supply or delivery, direct or indirect making available, transfer, direct or indirect provision of technical assistance, direct or indirect provision of financial services or funds or direct or indirect provision of brokering services in respect of aircraft and their component parts and technology related to such aircraft (but not including anything defined as military goods or technology), or aero gas turbine engines and specially designed components and technology related to such engines and components, where: 1) an aircraft it is moving from a third country to Russia, or to the UK or a third country from Russia, or transiting Russian airspace, or moving between two third countries; 2) an aircraft is carrying goods or passengers when removed or is removed in order to undertake a journey carrying goods or passengers, 3) an aircraft is moving under its own power, 4) the movement of the aircraft is not for the purpose of transfer of ownership of the aircraft or any of its component parts, or a change of the operator of the aircraft, and 5) an aero gas turbine engine and specially designed components therefor (and any technology related thereto), must form part of an aircraft; 6) technical assistance and brokering services are not being provided to a person connected with Russia.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1095570/general-trade-licence-russia-sanctions-vessels-revoked-1-august-2022.pdf
Revoked 1 August 2022
Existing exceptions in relation to aircraft and vessels, for emergencies in certain cases, for authorised conduct and for purposes of national security or prevention of serious crime are applied to the new prohibition.
In the case of acts which would otherwise be prohibited by this regulation, where the Treasury consider that it is appropriate to issue the licence for a purposes:
Humanitarian assistance activity: to enable anything to be done in connection with the performance of any humanitarian assistance activity,
Medical goods or services: to enable anything to be done in connection with the provision of medical goods or services for the benefit of the civilian population of a country or to enable the import, export or use of medical goods.
Food: to enable anything to be done in connection with the production or distribution of food for the benefit of the civilian population of a country,
Diplomatic missions etc,: to enable anything to be done in order that the functions of a diplomatic mission or consular post in Russia, or of an international organisation enjoying immunities in accordance with international law may be carried out; to enable anything to be done in order that the functions of a diplomatic mission or consular post of Russia in the United Kingdom may be carried out,
Space: to enable anything to be done in order for a United Kingdom person to undertake spaceflight activity,
Also the licence can be issued for the same purposes as in the case of prohibiting the correspondent account relationships:
Basic needs: to enable the basic needs of a designated person, or a person owned or controlled directly or indirectly by the designated person, to be met, In the case of a person other than an individual, “basic needs” includes needs for: (a) payment of insurance premiums; (b) payment of reasonable fees for the provision of property management services; (c) payment of reasonable fees for the provision of insolvency services; (d) payment of remuneration, allowances or pensions of employees; (e) payment of tax; (f) rent or mortgage payments; (g) utility payments.
Legal services: to enable the payment of: (a) reasonable professional fees for the provision of legal services to the designated person or a person owned or controlled directly or indirectly by the designated person, or (b) reasonable expenses associated with the provision of legal services to the designated person (or a person owned or controlled directly or indirectly by the designated person.
Financial regulation:
(1) To enable anything to be done by, or on behalf of, a relevant financial authority for the purposes of the functions of that authority, “Relevant financial authority” means authorities involved in the regulation of financial services in the United Kingdom, including the Financial Conduct Authority, the Prudential Regulation Authority and the Bank of England.
Extraordinary situation: to enable anything to be done to deal with an extraordinary situation.
The prohibition in regulation 17A(2) (processing sterling payments) does not apply to the processing of a sterling payment for any fee or charge required to permit an aircraft to overfly, land in or take off from Russia.
*** A number of exceptions from the trade prohibitions on critical-industry goods and technology are provided for, in relation to personal items and diplomatic missions, consular posts and international organisations, the movement of aircraft and vessels, consumer communication devices and software updates, and emergencies.
Prohibitions do not apply to (a) the personal effects of a person travelling to Russia, (b) of a non-commercial nature for the personal use of a person travelling to Russia and contained in that person’s luggage, or (c) necessary for the official purposes of a diplomatic mission or consular post in Russia, or of an international organisation enjoying immunities in accordance with international law.
Prohibitions do not apply to (a) consumer communication devices for civilian use, or (b) software updates for civilian use.
Trade: exceptions in relation to consumer communication devices and software updates
60B.—(1) The prohibitions in regulations 22 (export of restricted goods), 24(1)(a) (supply and delivery of restricted goods), 25(1)(a) and (b) (making restricted goods and restricted technology available), 26(1)(a) and (b) (transfer of restricted technology), and 27 to 29 (technical assistance, financial services etc. and brokering services) are not contravened by a relevant activity in relation to critical-industry goods or critical-industry technology which are—
(a)consumer communication devices for civilian use, or
(b)software updates for civilian use.
(2) For the purposes of paragraph (1)—
(a)“consumer communication devices” has the meaning given in Schedule 2B;“critical-industry goods” has the meaning given in regulation 21 (interpretation of Part 5);“critical-industry technology” has the meaning given in regulation 21 (interpretation of Part 5);“relevant activity” means any activity which would, in the absence of this regulation, contravene the prohibitions specified in that paragraph;
(b)goods are “for civilian use” if they are not—
(i)for use by the Russian military or any other military end-user, or
(ii)for any military use;
(c)technology is “for civilian use” if it—
(i)does not relate to activities carried on or proposed to be carried on by the Russian military or any other military end user, and
(ii)is not for any military use.
Trade: exceptions in relation to aircraft and vessels
60C.—(1) For the purposes of regulations 22 (export of restricted goods) and 28 (financial services and funds), the removal of an aircraft or vessel from the United Kingdom to Russia is not an export of critical-industry goods, provided that the following conditions are met—
(a)the aircraft or vessel is removed under its own power,
(b)in the case of an aircraft, it—
(i)is carrying goods or passengers when removed, or
(ii)is removed in order to undertake a journey carrying goods or passengers, and
(c)the removal of the aircraft or vessel is not for the purpose of—
(i)a transfer of ownership of the aircraft or vessel or any of its component parts, or
(ii)a change of the operator of the aircraft or vessel.
(2) The prohibitions in regulations 24(1)(a) (supply and delivery of restricted goods), 25(1)(a) and (b) (making restricted goods and restricted technology available), 26(1)(a) and (b) (transfer of restricted technology), and 27 to 29 (technical assistance, financial services etc. and brokering services) are not contravened by any of the following activities, to the extent that the activity is done in connection with a qualifying removal—
(a)the supply or delivery of critical-industry goods;
(b)making critical-industry goods or critical-industry technology available;
(c)the transfer of critical-industry technology;
(d)the provision of technical assistance or financial services;
(e)the making available of funds;
(f)the provision of any brokering service.
(3) In this regulation—
“critical-industry goods” has the meaning given in regulation 21 (interpretation of Part 5);“critical-industry technology” has the meaning given in regulation 21 (interpretation of Part 5);“operator”, in relation to an aircraft or vessel, means the person having the management of the aircraft;“qualifying removal” means a removal of an aircraft or vessel from the United Kingdom to Russia in relation to which the conditions set out in paragraph (1) are met.”
The prohibitions in regulation 17 (loans and credit arrangements) are not contravened by the grant of—
– a relevant loan that has a specific and documented objective of making emergency funds available to meet applicable solvency or liquidity criteria for a relevant subsidiary;
– a relevant loan consisting of a drawdown or disbursement made under an arrangement entered into before—
(i) in the case of a category 1 loan, 15th September 2014;
(ii) in the case of a category 2 loan, a category 3 loan or a category 4 loan, 1st March 2022; where certain* conditions are met,
*The conditions are:
(a) all the terms and conditions of such drawdowns or disbursements—
(i) were agreed before—
(aa) in the case of a category 1 loan, 15th September 2014;
(bb) in the case of a category 2 loan, a category 3 loan or a category 4 loan, 1st March 2022;
(ii) have not been modified on or after that date; and
(b) a contractual maturity date has been fixed for the repayment in full of all funds made available and for the cancellation of all the rights and obligations under the arrangement,