“(5) A person who contravenes a prohibition in paragraphs (1) to (3) commits an offence, but— 

(a) 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 export was to Myanmar; 

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

(c) it is a defence for a person charged with the offence of contravening paragraph (3) to show that the person did not know and had no reasonable cause to suspect that the export was to, or the goods were for use by, the Myanmar security forces (as the case may be).” 

16.  In regulation 31 (supply and delivery of dual-use goods), in paragraph (4) for “United Kingdom, the Isle of Man” substitute “Territory”. 

17.  In regulation 36 (brokering services: non-UK activity relating to dual-use goods and dual- use technology)— 

(a) in the heading, for “non-UK” substitute “non-Territory”; 

(b) in paragraph (1), for “non-UK country”, in each place it occurs, substitute “non-Territory country”; 

(c) for paragraph (4) substitute— 

“(4) In this regulation— 

“non-Territory country” means a country that is not the Territory; 

“third country” means a country that is not the Territory or Myanmar.” 

18.  In regulation 38 (military activities or otherwise enabling or facilitating the conduct of armed hostilities)— 

(a) in paragraph (2)(d), for “non-UK country” substitute “non-Territory country”; 

(b) in paragraph (5), for the definition of “non-UK country” substitute— 

19.  In regulation 41 (finance: exceptions from prohibitions)— 

(a) omit paragraph (6); 

(b) in paragraph (7), for the definition of “relevant institution” substitute— 

““non-Territory country” means a country that is not the Territory;”. 

““relevant institution”, in relation to the Territory, means a person domiciled in the Territory who would satisfy the threshold conditions for permission under Part 4A of the Financial Services and Markets Act 2000( a ) if it had its registered office (or if it does not have one, its head office) in the United Kingdom.” 

(c) omit paragraph (8). 

20.  For regulation 42 (exception for authorised conduct in a relevant country) substitute— 

## “ Exceptions for authorised conduct outside the Territory 

42. —(1) Where a person’s conduct outside the Territory would, in the absence of this paragraph, contravene a prohibition in any of regulations 11 to 15 (asset-freeze etc.) or Chapters 2 to 5 of Part 5 (Trade), the prohibition is not contravened if the conduct is authorised by a licence issued under regulation 44 (Treasury licences) (as it has effect in the United Kingdom) or regulation 45 (trade licences) (as it has effect in the United Kingdom). 

