On 8 March 2022, the UK government published the Russia (Sanctions) (EU Exit) (Amendment) (No. 6) Regulations 2022 (“Amendment”), amending the Russia (Sanctions) (EU Exit) Regulations 2019. The Amendment provides for new aviation, trade and shipping sanctions against Russia.
Aviation measures
The Amendment introduces measures including:
- the termination of existing registration, and refusal of application for registration, of aircraft owned by designated persons within the UK,
- banning Russian aircraft (owned, operated or chartered by a designated person or a person connected with Russia, as well as aircraft registered in Russia) from overflying or landing in the UK, and
- giving the Secretary of State power to direct an airport operator to detain Russian aircraft.
The measures extend to ultimate beneficial owners of aircraft, meaning the measures can be taken against those who hold legal title or a beneficial interest in the aircraft or any share in the aircraft.
Although Russian aircraft are now prohibited from entering the airspace over the UK or landing in the UK, an 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. The Amendment also provides for the creation of criminal offences.
Trade measures
The Amendment applies existing measures on ‘Restricted Goods’ and ‘Restricted Technology’ to aviation and space items, prohibiting the export, supply and delivery, making available and transfer of aviation and space items to, or for use in, Russia. This includes the provision of related technical assistance, financial services, funds and brokering services.
In addition, the Amendment applies a further prohibition to aviation and space items, covering the provision of insurance and reinsurance services relating to aviation and space goods and technology, to a person connected with Russia, or for use in Russia.
There are a number of exceptions available from these measures, as well as licencing and enforcement provisions. The Amendment also provides for the creation of criminal offences.
Shipping measures
The Amendment corrects omissions and an error in previous amendments relating to shipping.
