The Export Control (Al-Qaida and Taliban Sanctions) Regulations 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for penalties and enforcement of certain restrictive measures in Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network (“the Al-Qaida Regulation”) and Council Regulation (EU) No 753/2011 concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan (“the Taliban Regulation”).

The measures include prohibitions on technical advice, assistance and training related to military activities to any person, body or group listed in Annex I to the Al-Qaida Regulation and prohibitions on technical assistance related to the goods and technology listed in the Common Military List of the European Union to any person, group, undertaking or entity listed in Annex I to the Taliban Regulation..

Regulation 2 revokes articles 3 to 5 of the Al-Qa’ida and Taliban (United Nations Measures) Order 2002 (S.I. 2002/111) which duplicate the effect of provisions contained in the Export Control Order 2008 (S.I. 2008/3231) (“the 2008 Order”), the Al-Qaida Regulation and the Taliban Regulation.

Regulations 4 and 5 make it an offence to contravene provisions in Article 3 and 4(1) of the Al-Qaida Regulation and Article 2 of the Taliban Regulation respectively.

Regulation 6 addresses a limited overlap with the 2008 Order. It provides that if someone acts in a way that would breach both these Regulations and the 2008 Order, that person only commits an offence under these Regulations.

Regulation 7 sets out the penalties relating to the offences in regulations 4 and 5.

Her Majesty’s Revenue and Customs will enforce the provisions of the Regulations. Regulation 8 provides that the ancillary provisions which apply to their enforcement of customs and excise legislation apply to the enforcement of these Regulations.

Regulation 9 requires the Secretary of State to review the operation and effect of these Regulations and publish a report within five years after they come into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the Regulations or to amend them.

A regulatory impact assessment has not been produced for this instrument as it has no or minimal impact on business, charities or voluntary bodies. A copy of the Explanatory Memorandum is published alongside this instrument on www.legislation.gov.uk. Further information is available from the Export Control Organisation, BIS, 1 Victoria Street, London SW1H 0ET and on BIS website (www.bis.gov.uk).