Sanctions Policy

Baphomart provides a direct connection between buyers and sellers around the world. When you use Baphomart’s services (we’ll refer to Baphomart.com, our mobile apps, and other services as our “Services”), you are responsible for complying with this policy, regardless of your location.

This policy is a part of our Terms of Use. By using any of our Services, you agree to this policy and our Terms of Use.

As a global company based in the UK, Baphomart must comply with economic sanctions and trade restrictions, including those implemented by the UK Government’s Foreign Office (FCO). This means that Baphomart or anyone using our Services can’t take part in transactions that involve designated people, places, or items that originate from those places, as determined by the FCO.

Overview of UK sanctions

The UK uses sanctions to fulfil a range of purposes, including supporting foreign policy and national security objectives, as well as maintaining international peace and security, and preventing terrorism.

UK sanctions measures can apply to action taken by anyone in the UK (including its territorial waters, and to action taken by a UK national outside of the UK. They also apply to companies incorporated in the UK.

As set out in the Withdrawal Agreement, EU sanctions will continue to apply in the UK during the transition period until 11pm on 31 December 2020. UN sanctions will continue to be implemented through EU law during this time. 

From 11pm on 31 December 2020 the UK will implement a range of UK sanctions regimes through regulations made under the Sanctions and Anti-Money Laundering Act 2018 (the Sanctions Act). The Sanctions Act provides the legal basis for the UK to impose, update and lift sanctions. The UK also currently implements a global human rights sanctions regime through regulations under the Sanctions Act.

This policy applies to anyone that uses our Services, regardless of their location. It is up to you to familiarise yourself with these restrictions.

For example, these restrictions generally prohibit, but are not limited to, transactions involving:

1. Certain geographic areas, such as Iran, Afghanistan, Sudan, North Korea, and Syria, or any individual or entity operating or residing in those places;
2. Individuals or entities identified on sanctions lists such as The Office of Financial Sanctions Implementation (OFSI)’s current Sanction list can be viewed here https://www.gov.uk/government/publications/the-uk-sanctions-list
3. Items originating from areas including Iran, Afghanistan, Sudan, North Korea, and Syria, with the exception of informational materials such as publications, films, posters, phonograph records, photographs, tapes, compact disks, and certain artworks.

In order to protect our community and marketplace, Baphomart takes steps to ensure compliance with sanctions programmes. For example, Baphomart prohibits members from using their accounts while in certain geographic locations. If we have reason to believe you are operating your account from a sanctioned location, such as any of the places listed above, or are otherwise in violation of any economic sanction or trade restriction, we may suspend or terminate your use of our Services. Members are generally not permitted to list, buy, or sell items that originate from sanctioned areas. This includes items that pre-date sanctions, since we have no way to verify when they were actually removed from the restricted location. Baphomart reserves the right to request that sellers provide additional information, disclose an item’s country of origin in a listing, or take other steps to meet compliance obligations. We may disable listings or cancel transactions that present a risk of violating this policy.

In addition to complying with OFSI and applicable local laws, Baphomart members should be aware that other countries may have their own trade restrictions and that certain items may not be allowed for export or import under international laws. You should consult the laws of any jurisdiction when a transaction involves international parties.

Finally, Baphomart members should be aware that third-party payment processors, such as Stripe or PayPal, may independently monitor transactions for sanctions compliance and may block transactions as part of their own compliance programmes. Baphomart has no authority or control over the independent decision-making of these providers.

The economic sanctions and trade restrictions that apply to your use of the Services are subject to change, so members should check sanctions resources regularly. For legal advice, please consult a qualified professional.