The Syria (Sanctions) (EU Exit) Regulations 2019

CHAPTER 1 U.K. Interpretation

Definitions relating to goods and technology prohibited under Part 5 U.K.

25.—(1) For the purposes of this Part—

“arms and related materiel” means—

(a)

military goods, and

(b)

any thing which is, or would be, classified under chapter 93 of the Goods Classification Table, other than military goods;

“aviation fuel and aviation fuel additives” has the meaning given to it in paragraph 2 in Part 2 of Schedule 2;

“bank notes or coinage” means newly printed or unissued Syrian-denominated bank notes and minted coinage;

“crude oil and petroleum products” has the meaning given to it in paragraphs 3 and 4 in Part 2 of Schedule 2;

“gold, precious metals or diamonds” has the meaning given to it in paragraph 6 in [F1 Part] 2 of Schedule 2;

“the Goods Classification Table” has the same meaning as it has in paragraph 1(3) in Part 1 of Schedule 2;

“goods relating to chemical and biological weapons” means—

(a)

any thing specified in Schedule 3, other than technology relating to chemical and biological weapons (but see paragraph (3)), and

(b)

any tangible storage medium on which technology relating to chemical and biological weapons is recorded or from which it can be derived;

“goods relating to crude oil and natural gas” means anything specified in Annex Ⅵ of the EU Syria Regulation, other than—

(a)

technology relating to crude oil and natural gas, and

(b)

military goods;

“goods relating to electricity production” has the meaning given to it in paragraph 5 in Part 2 of Schedule 2;

“interception and monitoring goods” means any item mentioned in sub-paragraph (a) or (b), provided that it may be used for interception and monitoring services—

(a)

a relevant Schedule 4 item;

(b)

any tangible storage medium on which interception and monitoring technology is recorded or from which it can be derived;

“interception and monitoring technology” means any thing—

(a)

which is described as software in paragraph 2 of Schedule 4 provided that it may be used for interception and monitoring services, and

(b)

which is described as software or other technology in paragraph 3 of Schedule 4, (but see paragraph (5));

“internal repression goods” means—

(a)

any thing specified in Schedule 5, other than—

(i)

any thing which is internal repression technology,

(ii)

any thing for the time being specified in Schedule 2 to the Export Control Order 2008 M1 , or

(iii)

any thing for the time being specified in Annex Ⅰ of the Dual-Use Regulation, and

(b)

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

“internal repression technology” means any thing which is described in Schedule 5 as software or technology;

“luxury goods” has the meaning given to it in paragraph 7 in Part 2 of Schedule 2;

“military goods” means—

(a)

any thing for the time being specified in Schedule 2 to the Export Control Order 2008, other than any thing which is military technology, and

(b)

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

“military technology” means any thing for the time being specified in Schedule 2 to the Export Control Order 2008 which is described as software or technology;

“technology relating to chemical and biological weapons” means any thing specified as technology or software in Schedule 3, other than technology which is—

(a)

the minimum necessary for—

(i)

the installation, operation, maintenance and repair of any goods which are not subject to a prohibition under this Part, or

(ii)

patent applications,

(b)

in the public domain, or

(c)

basic scientific research;

“technology relating to crude oil and natural gas” means any thing specified as technology or software in Annex Ⅵ of the EU Syria Regulation, other than military technology.

(2) For the purpose of the definition of “arms and related materiel” in paragraph (1), paragraph 1(2) in Part 1 of Schedule 2 (the rules of interpretation for the purpose of determining whether or not a thing is “classified”) applies.

(3) The definition of “goods relating to chemical and biological weapons” does not apply to anything specified in Part 3 of Schedule 3, other than Isopropanol (as specified in paragraph 6(p) of that Part), which are consumer goods packaged for—

(a) retail sale for an individual's personal use, or

(b) individual use.

(4) For the purpose of the definition of “interception and monitoring goods” in paragraph (1) “a relevant Schedule 4 item” means any thing described in Schedule 4, other than—

(a) any thing which is interception and monitoring technology, or

(b) any thing for the time being specified in—

(i) Schedule 2 to the Export Control Order 2008, or

(ii) Annex Ⅰ of the Dual-Use Regulation.

(5) The definition of “interception and monitoring technology” does not apply to software which is—

(a) generally available to the public, or

(b) in the public domain.

Textual Amendments

F1 Word in reg. 25(1) substituted (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 9(5); S.I. 2020/1514, reg. 4

Commencement Information

I1 Reg. 25 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M1 S.I. 2008/3231. Schedule 2 was substituted by S.I. 2017/85 and subsequently amended by S.I. 2017/697, S.I. 2018/165 and S.I. 2018/939. There are other instruments which amend other parts of the Order, which are not relevant to these Regulations.

Definition of “interception and monitoring services” U.K.

26.—(1) For the purposes of this Part, “ interception and monitoring services” means any service that has as its object or effect the interception of a communication in the course of its transmission by means of a telecommunication system.

(2) A person intercepts a communication in the course of its transmission by means of a telecommunication system if, and only if—

(a) the person does a relevant act in relation to the system, and

(b) the effect of the relevant act is to make any content of the communication available, at a relevant time, to a person who is not the sender or intended recipient of the communication.

(3) In paragraph (2) a “relevant act”, in relation to a telecommunication system, means—

(a) modifying, or interfering with, the system or its operation;

(b) monitoring transmissions made by means of the system;

(c) monitoring transmissions made by wireless telegraphy to or from apparatus that is part of the system.

(4) In paragraph (2), a “relevant time”, in relation to a communication transmitted by means of a telecommunication system, means—

(a) any time while the communication is being transmitted, and

(b) any time when the communication is stored in or by the system (whether before or after its transmission).

(5) For the purpose of paragraph (2), the cases in which any content of a communication is to be taken to be made available to a person at a relevant time include any case in which any of the communication is diverted or recorded at a relevant time so as to make the content of the communication available to a person after that time.

(6) In paragraph (3), references to modifying a telecommunication system include references to attaching any apparatus to, or otherwise modifying or interfering with—

(a) any part of the system, or

(b) any wireless telegraphy apparatus used for making transmissions to or from apparatus that is part of the system.

(7) For the purposes of this regulation, the following definitions also apply—

“apparatus” includes any equipment, machinery or device (whether physical or logical) and any wire or cable;

“communication”, for the purpose of a telecommunication system, includes—

(a)

anything comprising speech, music, sounds, visual images or data of any description, and

(b)

signals serving for the impartation of anything between persons, between a person and a thing or between things, for the actuation or control of any apparatus;

“content”, in relation to a communication and a telecommunication system, means any element of the communication, or any data attached to or logically associated with the communication, which reveals anything of what might reasonably be considered to be the meaning (if any) of the communication, but—

(c)

any meaning arising from the fact of the communication or from any data relating to the transmission of the communication is to be disregarded, and

(d)

anything which is systems data is not content;

“systems data” means any data that enables or facilitates, or identifies or describes anything connected with enabling or facilitating, the functioning of a telecommunication system (including any apparatus forming part of the system);

“a telecommunication system” means a system (including the apparatus comprised in it) that exists for the purpose of facilitating the transmission of communications by any means involving the use of electrical or electromagnetic energy;

“wireless telegraphy” and “wireless telegraphy apparatus” have the same meaning as in sections 116 and 117 of the Wireless Telegraphy Act 2006 M2 .

Commencement Information

I2 Reg. 26 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M2 2006 c.36.

Interpretation of other expressions used in Part 5 U.K.

27.—(1) Paragraphs 32 to 36 of Schedule 1 to the Act (trade sanctions) apply for the purpose of interpreting expressions in this Part.

(2) In this Part, any reference to the United Kingdom includes a reference to the territorial sea.

(3) In this Part—

(a) the following definitions apply—

“technical assistance”, in relation to goods or technology, means—

(i)

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

(ii)

any other technical service relating to the goods or technology;

“transfer” has the meaning given by paragraph 37 of Schedule 1 to the Act;

(b)

the following terms have the meaning given to them in the Dual-Use Regulation—

“basic scientific research”;

“in the public domain”.

(4) For the purpose of regulation 25(5), software is “generally available to the public” if the software is sold from stock at retail selling points without restriction, by means of—

(a) over the counter transactions,

(b) mail order transactions,

(c) electronic transactions, or

(d) telephone order transactions.

(5) For the purposes of Chapters 2 and 4, a person is to be regarded as “connected with” Syria if the person is—

(a) an individual who is, or an association or combination of individuals who are, ordinarily resident in Syria,

(b) an individual who is, or an association or combination of individuals who are, located in Syria,

(c) a person, other than an individual, which is incorporated or constituted under the law of Syria, or

(d) a person, other than an individual, which is domiciled in Syria.

(6) For the purposes of Chapter 4, “a Syrian regime person” means—

(a) the Syrian regime;

(b) the Central Bank of Syria;

(c) a person acting on behalf, or at the direction, of a person mentioned in sub-paragraph (a) or (b);

(d) a person who is not an individual and who is owned or controlled directly or indirectly (within the meaning of regulation 7) by a person mentioned in sub-paragraph (a) or (b).

Commencement Information

I3 Reg. 27 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)