2011 No. 2925
The Export Control (Sudan and South Sudan Sanctions) and (Miscellaneous Amendments) Regulations 2011
Made
Laid before Parliament
Coming into force
The Secretary of State is a Minister designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to measures relating to the interruption or reduction, in part or completely, of economic relations with one or more countries which are not member States.
The Secretary of State, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972, makes the following Regulations.
Citation, Commencement and application1
1
These Regulations may be cited as the Export Control (Sudan and South Sudan Sanctions) and (Miscellaneous Amendments) Regulations 2011 and come into force on 30th December 2011.
2
An offence may be committed under these Regulations —
a
in the United Kingdom by any person;
b
elsewhere by any person who is a United Kingdom person within the meaning of section 11 of the Export Control Act 20023.
Revocation2
1
The Sudan (Technical Assistance and Financing and Financial Assistance) (Penalties and Licences) Regulations 2004 4 are revoked.
Interpretation3
In these Regulations—
“the 1979 Act” means the Customs and Excise Management Act 19795;
“the 2008 Order” means the Export Control Order 20086;
“EU authorisation” means an authorisation granted under Article 4 of the Sudan and South Sudan Regulation;
“the Sudan and South Sudan Regulation” means Council Regulation (EC) No 131/2004 imposing certain restrictive measures in respect of Sudan and South Sudan7.
Offences supplementing the Sudan and South Sudan Regulation4
1
A person who contravenes any of the following provisions of the Sudan and South Sudan Regulation commits an offence and may be arrested—
a
Article 2(a) (prohibition on provision of technical assistance related to military activities to any person, entity or body in, or for use in Sudan or South Sudan);
b
Article 2(b) (prohibition on provision of financing or financial assistance related to military activities to any person, entity or body in, or for use in Sudan or South Sudan).
2
A person commits an offence and may be arrested who participates, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to promote the transactions referred to in Article 2 of the Sudan and South Sudan Regulation.
Offences related to EU authorisations5
1
A person commits an offence and may be arrested who, for the purpose of obtaining an EU authorisation—
a
makes any statement or furnishes any document or information which to that person’s knowledge is false in a material particular; or
b
recklessly makes any statement or furnishes any document or information which is false in a material particular.
2
An EU authorisation granted in connection with the application for which the false statement was made or the false document or information furnished is void from the time it was granted.
3
A person who, having acted under the authority of an EU authorisation, fails to comply with a requirement or condition of the EU authorisation commits an offence and may be arrested, unless—
a
the EU authorisation was modified after the completion of the act authorised; and
b
the alleged failure to comply would not have been a failure had the EU authorisation not been so modified.
Penalties6
1
A person guilty of an offence under regulations 4 or 5 is liable—
a
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum, or to both;
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
Application of the 1979 Act7
1
A matter is to be treated as an assigned matter which the Commissioners for Her Majesty’s Revenue and Customs investigate or propose to investigate with a view to determining—
a
whether there are grounds for believing that an offence under these Regulations has been committed; or
b
whether a person should be prosecuted for such an offence.
2
Section 138 of the 1979 Act (provision as to arrest of persons)8 applies to the arrest of a person for an offence under these Regulations as it applies to the arrest of a person for an offence under the customs and excise Acts.
3
Sections 1459, 14610, 146A11, 14712, 148, 15013, 15114, 15215, 15416, and 15517 of the 1979 Act (proceedings for offences, mitigation of penalties, proof and other matters) apply in relation to offences and penalties under these Regulations as they apply in relation to offences and penalties under the customs and excise Acts.
4
“The customs and excise Acts” and “assigned matter” have the same meanings as in section 1 of the 1979 Act.
Amendments to the 2008 Order related to South Sudan arms embargo8
In Part 2 of Schedule 4 to the 2008 Order, at the appropriate place insert “South Sudan”.
Review9
1
The Secretary of State must from time to time—
a
carry out a review of regulations 1 and 3 to 8,
b
set out the conclusions of the review in a report, and
c
publish the report.
2
In carrying out the review the Secretary of State must, so far as is reasonable, have regard to the rules on penalties applicable to infringements of the provisions of the Sudan and South Sudan Regulation and the measures taken to implement them in other member States.
3
The report must in particular—
a
set out the objectives intended to be achieved by the rules on penalties applicable to infringements of the provisions of the Sudan and South Sudan Regulation established by those regulations and the measures taken to implement them,
b
assess the extent to which those objectives are achieved, and
c
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
4
The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.
5
Reports under this regulation are afterwards to be published at intervals not exceeding five years.
Miscellaneous Amendments10
The following provisions, which deal with the overlap between the 2008 Order and the instruments listed are omitted—
a
regulation 6 of the Export Control (Al-Qaida and Taliban Sanctions) Regulations 201118;
b
article 5 of the Export Control (Belarus) and (Syria Amendment) Order 201119;
c
article 5 of the Export Control (Syria and Miscellaneous Amendments) Order 201120;
d
article 11 of the Export Control (Iran) Order 201121;
e
article 4 of the Export Control (Eritrea and Miscellaneous Amendments) Order 201122.
(This note is not part of the Regulations)