The Syria (Restrictive Measures) (Overseas Territories) Order 2011

RESTRICTED GOODS AND ASSISTANCE

Supply of restricted goods

4.—(1) Any person who, except under the authority of a licence granted by the Governor—

(a) supplies or delivers;

(b) agrees to supply or deliver, or

(c) does any act calculated to promote the delivery of,

restricted goods to any person or destination in Syria shall be guilty of an offence under this Order unless they prove that they did not know and had no reasonable cause to suspect that the goods in question were to be supplied or delivered to a person or destination in Syria.

(2) Nothing in paragraph (1)(b) or (c) shall apply where the supply or delivery of the goods to the person concerned is authorised by a licence granted by the Governor.

Exportation of restricted goods to Syria

5.—(1) Except under the authority of a licence granted by the Governor, restricted goods shall not be exported from the Territory to any destination in Syria or to any destination for the purpose of delivery, directly or indirectly, or to the order of any person in Syria.

(2) Any restricted goods which are exported or attempted to be exported shall be liable to be disposed of or transferred or seized as appropriate.

(3) Any person knowingly concerned in the exportation or attempted exportation of restricted goods shall be guilty of an offence under this Order.

(4) In any case where a person would, apart from this paragraph, be guilty both of an offence under paragraph (3) above and of an offence under article 4(1), they shall not be guilty of an offence under paragraph (3) above.

Provision of assistance, advice or training related to the supply, sale, transfer, manufacture, maintenance or use of restricted goods

6.  Any person who, except under the authority of a licence granted by the Governor, directly or indirectly, provides to any person in, or for use in, Syria any assistance, including advice or training, relating to the sale, supply, transfer, maintenance, manufacture or use of restricted goods shall be guilty of an offence under this Order, unless they can prove that they did not know and had no reasonable cause to suspect that the assistance, advice or training in question was to be provided to a person in, or for use in, Syria.

Use of ships, aircraft and vehicles: restricted goods

7.—(1) Without prejudice to the generality of article 4, no ship or aircraft to which this article applies, and no vehicle within the Territory, shall be used for the carriage of restricted goods if the carriage is, or forms part of, carriage from any place outside Syria to any destination therein.

(2) This article applies to ships registered in the Territory, to aircraft so registered and to any other ship or aircraft that is for the time being chartered to any person who is—

(a) a British citizen, a British overseas territories citizen, a British Overseas citizen, a British subject, a British National (Overseas), or a British protected person and is ordinarily resident in the Territory, or

(b) a body incorporated or constituted under the law of the Territory.

(3) If any ship, aircraft or vehicle is used in contravention of paragraph (1) then—

(a) in the case of a ship registered in the Territory or any aircraft so registered, the owner and the master of the ship or, as the case may be, the operator and the commander of the aircraft; or

(b) in the case of any other ship or aircraft, the person to whom the ship or aircraft is for the time being chartered, if he or she is a person referred to in paragraph (2)(a) or (b) and the master of the ship or, as the case may be, the operator and the commander of the aircraft; or

(c) in the case of a vehicle, the operator and driver of the vehicle,

shall be guilty of an offence under this Order, unless they prove that they did not know and had no reasonable cause to suspect that the carriage of goods in question was, or formed part of, carriage from any place outside Syria to any destination therein.

(4) Nothing in paragraph (1) shall apply where the supply or delivery or exportation from the Territory of the goods concerned to Syria was authorised by a licence granted by the Governor.

(5) Nothing in this article shall be construed so as to prejudice any other provision of law prohibiting or restricting the use of ships, aircraft or vehicles.

Licences

8.—(1) The Governor may grant a licence under articles 4 to 6 of this Order in respect of—

(a) supplies and technical assistance intended solely for the support of, or use by, the United Nations Disengagement Observer Force;

(b) the sale, supply or delivery of non-lethal military equipment or of equipment which might be used for internal repression but which is intended solely for humanitarian or protective use, or for institution building programmes of the United Nations and the European Union, or for European Union and United Nations crisis management operations;

(c) the sale, supply or delivery of non-combat vehicles which have been manufactured or fitted with materials to provide ballistic protection and which are intended solely for humanitarian or protective use of personnel of the European Union and its Member States in Syria;

(d) the provision of technical assistance or brokering services related to the equipment or programmes or operations referred to in paragraphs 1(a)-(c);

(e) the provision of financing and financial assistance related to the equipment or programmes or operations referred to in paragraphs 1(a)-(c);

(f) the sale, supply or delivery of protective clothing, including flak jackets and military helmets temporarily exported to Syria by United Nations personnel, personnel of the European Union or its Member States, representatives of the media and humanitarian and development work and associated personnel for their personal use only;

(2) A licence may be—

(a) general or granted to a category of persons or to a particular person;

(b) subject to conditions; or

(c) of an indefinite duration or subject to an expiration date.

(3) The Governor may vary or revoke a licence at any time.

(4) The Governor, where he or she grants, varies or revokes a licence shall—

(a) in the case of a licence granted to a particular person, give written notice of the licence, variation or revocation to that person, and

(b) in the case of a general licence, or of a licence granted to a category of persons, take such steps as the Governor considers appropriate to publicise the licence, variation or revocation.