The Russia (Sanctions) (EU Exit) (Amendment) (No. 8) Regulations 2022

• Citation: S.I. 2022/452
• Sections: 52

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Russia (Sanctions) (EU Exit) (Amendment) (No. 8) Regulations 2022.

(2) These Regulations come into force on 5.00 p.m. on 14th April 2022.

(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Section 2 Amendment of the Russia (Sanctions) (EU Exit) Regulations 2019

The Russia (Sanctions) (EU Exit) Regulations 2019 are amended as set out in regulations 3 to 10.

Section 3 Interpretation of Part 5 (Trade)

In regulation 21(1)—

(a) at the appropriate place, insert—

“ luxury goods ” means any thing specified in Schedule 3A, other than any thing for the time being specified in—

Schedules 2 or 3 to the Export Control Order 2008,

Annex 1 of the Dual-Use Regulation, or

Schedule 2A;

“ oil refining goods ” means—

any thing specified in Schedule 2D, other than—

any thing which is oil refining technology, or

any thing for the time being specified in—

Schedule 3 to the Export Control Order 2008 ,

Annex 1 of the Dual-Use Regulation ,

Schedule 2A, or

Part 2 of Schedule 3, and

any tangible storage medium on which oil refining technology is recorded or from which it can be derived;

“ oil refining technology ” means any thing described in Schedule 2D as software or technology, other than any thing for the time being specified in —

Schedule 3 to the Export Control Order 2008,

Annex 1 of the Dual-Use Regulation, or

Schedule 2A;

“ quantum computing and advanced materials goods ” means—

any thing specified in Schedule 2E, other than—

any thing which is quantum computing and advanced materials technology, or

any thing for the time being specified in—

Schedule 2 or 3 to the Export Control Order 2008,

Annex 1 of the Dual-Use Regulation,

Schedule 2A,

Schedule 2C,

Schedule 2D, or

Part 2 of Schedule 3, and

any tangible storage medium on which quantum computing and advanced materials technology is recorded or from which it can be derived;

“ quantum computing and advanced materials technology ” means any thing described in Schedule 2E as software or technology, other than anything for the time being specified in—

Schedule 2 or 3 to the Export Control Order 2008,

Annex 1 of the Dual-Use Regulation,

Schedule 2A,

Schedule 2C, or

Schedule 2D.

(b) in the definition of “restricted goods”, after (d) insert—

(e) oil refining goods;

(f) quantum computing and advanced materials goods;

(c) in the definition of “restricted technology”, after (d) insert—

(e) oil refining technology;

(f) quantum computing and advanced materials technology;

Section 4 Luxury goods and iron and steel products

After regulation 46A , insert—

Luxury goods

Luxury goods

(46B)

(1) The export of luxury goods to, or for use in, Russia is prohibited.

(2) A person must not directly or indirectly—

(a) supply or deliver luxury goods from a third country to a place in Russia;

(b) make luxury goods available to a person connected with Russia;

(c) make luxury goods available for use in Russia.

(3) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences).

(4) A person who contravenes a prohibition in paragraph (2) commits an offence, but—

(a) it is a defence for a person charged with the offence of contravening paragraph (2)(a) to show that the person did not know and had no reasonable cause to suspect that the goods were destined (or ultimately destined) for Russia;

(b) it is a defence for a person charged with the offence of contravening paragraph (2)(b) (“ P ”) to show that P did not know and had no reasonable cause to suspect that the person was connected with Russia;

(c) it is a defence for a person charged with the offence of contravening paragraph (2)(c) to show that the person did not know and had no reasonable cause to suspect that the goods were for use in Russia.

(5) In this regulation, “ third country ” means a country that is not the United Kingdom, the Isle of Man or Russia.

Iron and steel products

Meaning of iron and steel products

(46C) In this Chapter, “ iron and steel products ” means any thing specified in Schedule 3B.

Import of iron and steel products

(46D)

(1) The import of iron and steel products which are consigned from Russia is prohibited.

(2) The import of iron and steel products which originate in Russia is prohibited.

(3) Paragraphs (1) and (2) are subject to Part 7 (Exceptions and licences).

Acquisition of iron and steel products

(46E)

(1) A person must not directly or indirectly acquire iron and steel products—

(a) which originate in Russia;

(b) which are located in Russia.

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but—

(a) it is a defence for a person charged with the offence of contravening paragraph (1)(a) to show that the person did not know and had no reasonable cause to suspect that the goods originated in Russia;

(b) it is a defence for a person charged with the offence of contravening paragraph (1)(b) to show that the person did not know and had no reasonable cause to suspect that the goods were located in Russia.

Supply and delivery of iron and steel products

(46F)

(1) A person must not directly or indirectly supply or deliver iron and steel products from a place in Russia to a third country.

(2) Paragraph (1) is subject to Part 7 (Exceptions and licences).

(3) A person who contravenes a prohibition in paragraph (1) commits an offence, but it is a defence for a person charged with the offence of contravening paragraph (1) to show that the person did not know and had no reasonable cause to suspect that the supply or delivery was from a place in Russia, whether directly or indirectly.

(4) In this regulation, “ third country ” means a country that is not the United Kingdom, the Isle of Man or Russia.

Section 5 Trade: exceptions in relation to personal effects

In regulation 60A—

(a) in paragraph (1), for “or critical-industry technology” substitute “, critical-industry technology, quantum computing and advanced materials goods or quantum computing and advanced materials technology” ;

(b) after paragraph (1), insert—

(1A) The prohibitions in regulation 46B (luxury goods) are not contravened by a relevant activity in relation to—

(a) any luxury goods which are 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, or

(b) the personal effects of their staff.

(c) in paragraph (2)—

(i) for “paragraph (1)”, in both places it occurs, substitute “paragraphs (1) and (1A)” ;

(ii) after the definition of “diplomatic mission”, insert—

“ luxury goods ” has the meaning given in regulation 21 (interpretation of Part 5);

“ quantum computing and advanced materials goods ” has the meaning given in regulation 21 (interpretation of Part 5);

“ quantum computing and advanced materials technology ” has the meaning given in regulation 21 (interpretation of Part 5);

Section 6 Trade: exceptions in relation to consumer communications devices

In regulation 60B—

(a) in paragraph (1)—

(i) after “(transfer of restricted technology)”, omit “and”;

(ii) after “brokering services)”, insert “and regulation 46B (luxury goods);

(iii) for “or critical industry technology”, substitute “, critical industry technology or luxury goods” ;

(b) in paragraph (2)(a), after the definition of “critical industry technology”, insert—

“ luxury goods ” has the meaning given in regulation 21 (interpretation of Part 5);

Section 7 Trade: exceptions for emergencies in certain areas

In regulation 61—

(a) in paragraph (1A)(b)—

(i) after “space goods,”, insert “oil refining goods,” ;

(ii) for “or aviation and space technology” substitute “, aviation and space technology or oil refining technology” ;

(b) in paragraph (2), after the definition of “critical industry technology”, insert—

“ oil refining goods ” has the meaning given in regulation 21 (interpretation of Part 5);

“ oil refining technology ” has the meaning given in regulation 21 (interpretation of Part 5);

Section 8 Trade offences

In regulation 86—

(a) in paragraph (1), after “23”, insert “, 46D” ;

(b) in paragraph (3), after “40(1)”, insert “, 46B(1)” ;

(c) in paragraph (5), after “40(1)”, insert “, 46B(1), 46D” .

Section 9 Maritime enforcement powers

In regulation 89(2), after sub-paragraph (c), insert—

(ca) a prohibition in regulation 46B (trade sanctions relating to luxury goods);

(cb) a prohibition in either of regulations 46D and 46E (trade sanctions relating to iron and steel products);

Section 10 Insertion of Schedules

(1) After Schedule 2C, insert Schedules 2D and 2E, which are set out in Part 1 of the Schedule to these Regulations.

(2) After Schedule 3, insert Schedules 3A and 3B, which are set out in Part 2 of the Schedule to these Regulations.

Section 1 Interpretation

(1) Paragraph 1 of Schedule 3 applies for the purposes of interpreting Part 2.

(2) Terms printed in quotation marks and not defined in this Schedule have the meaning given to them in—

(a) Schedules 2 and 3 to the Export Control Order 2008, or

(b) Annex I of the Dual-Use Regulation,

as applicable.

Section 1 Interpretation

(1) Terms printed in quotation marks and not defined or interpreted in this Schedule have the meaning given to them in—

(a) Schedules 2 and 3 to the Export Control Order 2008, or

(b) Annex I of the Dual-Use Regulation,

as applicable.

(2) For the purposes of this Schedule, the interpretative notes in Part 2 apply.

Section 1 Interpretation

(1) Paragraph 1 of Schedule 3 applies for the purposes of interpreting Part 2.

(2) In Part 2, “ sales price ” means the sales price of the item or quantity specified excluding value added taxes.

(3) For the purposes of this Schedule, where a sales price is specified per item, “ item ” is to be construed as the unit usually packaged for retail sale (where applicable), whether a singular good or a number of goods if packaged to be sold together.

Section 1 Interpretation

Paragraph 1 of Schedule 3 applies for the purposes of interpreting Part 2.

Section 2 Oil refining goods

Any thing falling within—

(a) a commodity code mentioned in column 1 of the following table, and

(b) the description in column 2 corresponding to that code.

ex 8479 89 97

ex 8543 70 90

ex 8479 89 97

ex 8543 70 90

ex 8479 89 97

ex 8543 70 90

ex 8419 89 98

ex 8419 89 30

ex 8419 89 10

ex 8419 89 98

ex 8419 89 30

ex 8419 89 10

ex 8419 89 98

ex 8419 89 30

ex 8419 89 10

ex 8479 89 97

ex 8479 89 97

ex 8543 70 90

ex 8421 39 15

ex 8421 39 25

ex 8421 39 35

ex 8421 39 85

ex 8479 89 97

ex 8543 70 90

ex 8479 89 97

ex 8543 70 90

ex 8479 89 97

ex 8543 70 90

ex 8479 89 97

ex 8543 70 90

ex 8419 89 10

ex 8419 89 30

ex 8419 89 98

ex 8479 89 97

ex 8543 70 90

Refinery fuel gas treatment and sulphur recovery equipment

(including amine scrubbing units, sulphur recovery units, tail gas treatment units)

ex 8456 90 00

ex 8479 89 97

ex 8543 70 90

ex 8479 89 97

ex 8543 70 90

ex 8479 89 97

ex 8543 70 90

ex 8419 89 10

ex 8419 89 30

ex 8419 89 98

ex 8479 89 97

ex 8543 70 90

ex 8479 89 97

ex 8543 70 90

ex 8479 89 97

ex 8543 70 90

ex 8479 89 97

ex 8543 70 90

Section 2 Quantum computing and advanced materials goods

Equipment, “electronic assemblies” and components, specially designed for “quantum computers”, quantum electronics, quantum sensors, quantum processing units, qubit circuits, qubit devices or quantum radar systems.

Note 1: “Quantum computers” perform computations that harness the collective properties of quantum states, such as superposition, interference and entanglement.

Note 2: Units, circuits and devices include but are not limited to superconducting circuits, quantum annealing, ion trap, photonic interaction, silicon/spin and cold atoms.

Section 2 Luxury items

Horses, meaning any thing which falls within the commodity codes set out in the following table, provided that the sales price exceeds £250 per animal—

0101 21 00

0101 29 90

Pure-bred breeding animals

Other

Section 2 Specified products

Any thing falling within a commodity code mentioned in column 1 of the following table—

GOES means Grain Oriented Electrical Steel.

Section 3 Oil refining goods

Catalysts used in the following processes for the refining of crude oil to produce petroleum products—

(a) fluid catalytic cracking;

(b) hydroprocessing, including hydrotreating and hydrocracking,

(c) alkylation;

(d) catalytic reforming.

Section 3 Quantum computing and advanced materials goods

“Cryogenic refrigeration systems” designed to maintain temperatures below 1.1 kelvin for 48 hours or more and related cryogenic refrigeration equipment and components as follows:

(a) pulse tubes;

(b) cryostats;

(c) dewars;

(d) gas handling systems (GHS);

(e) compressors;

(f) control units.

Note: “Cryogenic refrigeration systems” include but are not limited to dilution refrigeration, a diabatic demagnisation refrigerators and laser cooling systems.

Section 3 Luxury items

Caviar and caviar substitutes, meaning any thing which falls within the commodity codes set out in the following table, provided that the sales price exceeds £250 per 1.5kg, or equivalent per item—

Section 4 Oil refining technology

“Software” for the “development”, “production” or “use” of any thing falling within paragraphs 2 and 3.

Section 4 Quantum computing and advanced materials goods

Ultra-High vacuum (“ UHV ”) equipment as follows—

(a) UHV pumps (sublimation, turbomolecular, diffusion, cryogenic, ion-getter);

(b) UHV pressure gauges.

Note: UHV means 100 nanoPascals (nPa) or lower

Section 4 Luxury items

Truffles and preparations thereof falling within the commodity codes set out in the following table, provided that the sales price exceeds £250 per 1.5kg, or equivalent per item—

Section 5 Oil refining technology

“Technology” for the “development”, “production” or “use” of any thing falling within paragraphs 2 to 4.

Section 5 Quantum computing and advanced materials goods

High quantum efficiency (“ QE ”) photodetectors and sources with a QE greater than 80% in the wavelength range exceeding 300 nanometers but not exceeding 1700 nanometers.

Section 5 Luxury items

Wines (including sparkling wines), beers, spirits and spirituous beverages, meaning any thing which falls within the commodity codes set out in the following table, provided that the sales price per item exceeds £250—

Section 6 Quantum computing and advanced materials goods

Manufacturing equipment as follows—

(a) additive manufacturing equipment for the production of metal parts;

(b) additive manufacturing equipment for “energetic materials”, including equipment using ultrasonic extrusion;

(c) vat photopolymerisation additive manufacturing equipment using stereo lithography (SLA) or direct light processing (DLP).

Note: Paragraph 6(a) only applies to the following systems—

(i) powder-bed systems using selective laser melting (SLM), laser cladding, direct metal laser sintering (DMLS) or electron beam melting (ELB), or

(ii) powder-fed systems using laser cladding, direct energy deposition or laser metal deposition.

Section 6 Luxury items

Cigars or cigarillos falling within the commodity codes set out in the table below, provided that the sales price per item exceeds £10—

Section 7 Quantum computing and advanced materials goods

Metal powders and metal alloy powders specially designed for the additive manufacturing equipment specified in paragraph 6(a).

Section 7 Luxury items

Perfumes, toilet waters and cosmetics, including beauty and make-up products, meaning any thing which falls within the following commodity codes, provided that the sales price exceeds the price corresponding to that code set out in the third column of the table—

Section 8 Quantum computing and advanced materials goods

Microscopes, related equipment and detectors, as follows—

(a) scanning electron microscopes (SEM);

(b) scanning auger microscopes;

(c) transmission electron microscopes (TEM);

(d) atomic force microscopes (AFM);

(e) scanning force microscopes (SFM);

(f) equipment and detectors specially designed for use with the microscopes specified in sub-paragraphs (a) to (e), employing any of the following—

(i) X-ray photo spectroscopy (XPS);

(ii) energy-dispersive X-ray spectroscopy (EDX, EDS);

(iii) electron back scatter detector (EBSD) systems;

(iv) electron spectroscopy for chemical analysis (ESCA).

Section 8 Luxury items

Leather, saddlery, travel goods, handbags or similar articles, meaning any thing which falls within the commodity codes set out in the following table, provided that the sales price per item exceeds £250—

Section 9 Quantum computing and advanced materials goods

“Decapsulation” equipment for semiconductor devices.

Note: “ Decapsulation ” means the removal of a cap, lid, or encapsulating material from a packaged integrated circuit by mechanical, thermal, or chemical methods.

Section 9 Luxury items

Garments, clothing, accessories or shoes, meaning any thing which falls within the following commodity codes or chapters, provided that the sales price per item exceeds £250 —

Section 10 Quantum computing and advanced materials technology

“Software” specially designed or modified for the “development”, “production” or “use” of the systems, equipment and components specified in paragraphs 2 to 9.

Section 10 Luxury items

Carpets, rugs and tapestries, hand-made or not, meaning any thing which falls within the commodity codes set out in the following table, provided that the sales price per item exceeds £250—

Section 11 Quantum computing and advanced materials technology

“Software” for digital twins (DT) of additive manufactured products or for the determination of the reliability of additive manufactured products.

Section 11 Luxury items

Pearls, precious and semi-precious stones, articles of pearls, jewellery, gold- or silversmith articles falling within the commodity codes set out in the following table—

Section 12 Quantum computing and advanced materials technology

“Technology” “required” for the “development”, “production” or “use” of the systems, equipment, components and software specified in paragraphs 2 to 11.

Section 12 Luxury items

Coins and banknotes, meaning any thing which falls within the commodity codes set out in the following table, provided that such items are not legal tender, —

Section 13 Luxury items

Any item of cutlery, bladed or edged instruments and tools falling within the commodity codes set out in the following table, provided such items are comprised of precious metal or plated or clad with precious metal —

Section 14 Luxury items

Tableware of porcelain, china, stoneware or earthenware or fine pottery falling within within the commodity codes set out in the following table, provided that the sales price per item exceeds £250—

Section 15 Luxury items

Items of lead crystal falling within the commodity codes set out in the following table, provided that the sales price per item exceeds £250—

Section 16 Luxury items

Electronic items for domestic use, meaning any thing which falls within the commodity codes set out in the following table, provided that the sales price per item exceeds £630—

Section 17 Luxury items

Electrical/electronic or optical apparatus for recording and reproducing sound and images, meaning any thing which falls within the commodity codes set out in the following table, provided that the sales price per item exceeds £840—

Section 18 Luxury items

Vehicles, except ambulances, for the transport of persons on earth, air or sea, teleferics, chairlifts, ski-draglines, traction mechanisms for funiculars and motorbikes, as well as their accessories and spare parts, meaning any thing which falls within the commodity codes set out in the following table, provided that the sales price exceeds—

(a) £42,000 per vehicle,

(b) £4,200 per teleferic, chairlift, ski-dragline, traction mechanism for funiculars or motorbike, or

(c) £420 per accessory or spare part,

as applicable—

Section 19 Luxury items

Clocks and watches and their parts, meaning any thing which falls within the commodity codes set out in the following table, provided that the sales price per item exceeds £250—

Section 20 Luxury items

Musical instruments, meaning any thing which falls within the commodity codes set out in the following table, provided that the sales price per item exceeds £1260—

Section 21 Luxury items

Works of art, collectors’ pieces and antiques, meaning any thing which falls within chapter 97.