The Syria (Sanctions) (EU Exit) Regulations 2019

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.