The Export Control (Belarus) and (Syria Amendment) Order 2011

Explanatory Note

(This note is not part of the Order)

This Order makes provision relating to the enforcement of certain restrictive measures against Belarus set out in Council Regulation (EC) No 765/2006 (OJ L 134, 20.5.2006, p1) (“the Belarus Regulation”) as amended by Council Regulation (EU) No 588/2011 (OJ L 161, 21.6.2011, p1) (“the amending Belarus Regulation”).

The amending Belarus Regulation implements the sanctions imposed by Council Decision 2011/357/CFSP (OJ L 161, 21.6.2011, p25) amending Decision 2010/639/CFSP concerning restrictive measures against Belarus.

The measures include prohibitions on trade, technical assistance, financing, financial assistance or brokering in equipment which may be used for internal repression and restrictions on the provision of technical assistance, financing or financial assistance related to the goods and technology listed in the Common Military List of the European Union.

Article 2 creates offences for contravention of the provisions of the Belarus Regulation referred to there. There are already offences relating to prohibited exportation of goods in sections 68 and 170 of the Customs and Excise Management Act 1979 (“the 1979 Act”) (1979 c. 2).

Article 3 supplements the provisions of the Belarus Regulation that allow a competent authority to authorise or approve activities that are otherwise prohibited. Article 3(1) makes it an offence knowingly and recklessly to provide false information for the purpose of obtaining an authorisation or approval. Authorisations or approvals may be subject to requirements or conditions which continue even after the activity authorised has been carried out. Article 3(3) makes it an offence to fail to comply with such continuing requirements or conditions unless they were imposed after the activity was carried out or amended after that time in such a way as to give rise to non-compliance.

Article 4(1) and (2) provide that circumvention of the prohibitions specified in Articles 1a and 1b of the Belarus Regulation is an offence.

Article 5 provides that if a person acts in a way that would breach both this Order and the Export Control Order 2008 (“the 2008 Order”), that person only commits an offence under this Order.

Article 6 sets out the penalties relating to the offences in the Order, and makes some consequential modifications to the 1979 Act to ensure that the offences covered by that Act are subject to the same penalties as those in the Order.

Her Majesty's Revenue and Customs will enforce the provisions of the Order. Article 7 ensures that the same ancillary provisions as apply to their enforcement of customs and excise legislation apply in this context.

In the United Kingdom, under the 2008 Order, a licence was already required to export military goods to Belarus and for a range of trading activities. Article 8 increases the level of control by making Belarus an “embargoed destination” for the purposes of the trade controls in the 2008 Order so that stricter controls apply, including restrictions on the activities of United Kingdom persons overseas (see article 20 of the 2008 Order).

Article 9 requires the Secretary of State to review the operation and effect of articles 1 to 8 of this Order and publish a report within five years after it comes into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Order should remain as it is, or be revoked or be amended. A further instrument would be needed to revoke the Order or to amend it.

Article 10 corrects a cross-reference in article 7(2) of The Export Control (Syria and Miscellaneous Amendments) Order 2011 (S.I. 2011/1304)

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 the Order 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).