The Export Control (North Korea and Ivory Coast Sanctions and Syria Amendment) Order 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision for the enforcement of certain trade restrictions against North Korea specified in Council Regulation (EC) No 329/2007 (OJ L 88, 29.3.2007, p1) as last amended by Council Regulation (EU) No 696/2013 (OJ L 198, 23.7.2013, p22) (the “North Korea Regulation”). It also provides for the enforcement of trade restrictions against the Ivory Coast specified in Council Regulation (EC) No 174/2005 (OJ No L 29, 2.2.2005, p5) as last amended by Council Regulation (EU) No 617/2012 (OJ L 179, 11.7.2012, p1) (the “Ivory Coast Regulation”). The Order sets out offences in relation to these prohibitions and those offences can be committed by any person in the United Kingdom and, around the world, by any United Kingdom person, as defined in section 11 of the Export Control Act 2002(c. 28).

The Order consolidates in one single instrument the enforcement of the trade restrictions against North Korea and the Ivory Coast formerly covered by the Export Control (North Korea) Order 2007 (S.I. 2007/1334) and its subsequent amendments (S.I. 2010/132 and article 7 of S.I. 2011/1296) and the Export Control (Iraq and Ivory Coast) Order 2005 (S.I. 2005/232), which are revoked and replaced by this Order.

The measures against North Korea include prohibitions on the sale, supply, export or transfer of goods and technology listed in Annexes I, Ia and Ib of the North Korea Regulation and prohibitions in relation to providing or obtaining technical training, technical assistance, financing or financial assistance in relation to those items. There are also restrictions on the trade of gold or precious metals and diamonds to and from North Korea and restrictions on the trade of luxury goods and newly printed or unissued North Korean denominated banknotes and minted coinage.

The trade sanctions against the Ivory Coast have been significantly reduced following the adoption of Council Decision 2012/371/CFSP (OJ L 179, 11.7.2012, p21) and its implementing Regulation (EU) No 617/2012 (OJ L 179, 11.7.2012, p1) both of 10 July 2012. The measures include prohibitions on the supply, transfer or export of equipment which might be used for internal repression as listed in Annex I to the Ivory Coast Regulation.

Articles 4 to 7 create offences for contravention of the trade restrictions of the North Korea Regulation referred to there. Article 8 creates offences for contravention of the restrictions in Article 3(a) of the Ivory Coast Regulation. There are already offences relating to prohibited importation and exportation of goods in sections 50, 68 and 170 of the Customs and Excise Management Act 1979 (1979 c.2) (“the 1979 Act”).

Article 12 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.

Article 13 provides for the ancillary provisions which apply to the enforcement of customs and excise legislation to also apply to the enforcement of this Order.

Article 14 amends the Export Control Order 2008 (S.I. 2008/3231) to include Syria in the list of countries in Part 4 of Schedule 4, so that the exemption for transit controls in article 17 of that Order does not apply when the goods in transit are those listed in Part 2 of Schedule 1 to the Order and they are being exported to Syria.

Article 15 amends the Export Control (Syria Sanctions) Order 2013 (S.I. 2013/2012) to expressly provide that a person carrying out any of the activities described in articles 4 and 5 without the authority of a UK licence commits an offence and may be arrested.

Article 16 requires the Secretary of State to review the operation and effect of the Order and publish a report within five years after the Order 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 amended. A further instrument would be needed to revoke the Order or to amend it.

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 the gov.uk website (www.gov.uk).