The Export Control (Somalia) Order 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This Order creates offences in connection with provisions of Council Regulation (EU) No 356/2010 (“the Regulation”) that fall within the remit of the Department for Business, Innovation and Skills. The Regulation relates to Somalia and implements, so far as is possible within the framework of the Treaty on the Functioning of the European Union, additional restrictive measures imposed on listed persons and entities by the United Nations, in accordance with United Nations Security Council Resolution 1844 (2008). On 12 April 2010 the United Nations Sanctions Committee adopted a list of persons and entities subject to those measures; that list was adopted by Council Decision 2010/231/CFSP, and implemented into EU law by the Regulation.

Article 2 creates offences for contravention of the specified provisions of the Regulation. There are already offences in sections 68 and 170 of the Customs and Excise Management Act 1979 that relate to prohibited exportation of goods (from the United Kingdom).

Article 3 addresses a limited overlap with the Somalia (United Nations Sanctions) Order 2002 (“the UN Order”) and the Export Control Order 2008 (“the 2008 Order”). It provides that, if someone acts in a way that would breach both the Regulation – leading to an offence under this Order – and the UN Order or 2008 Order, an offence is committed only under the UN Order.

Article 4 sets out the penalties relating to the offences in the Order. The more serious penalties are reserved for knowing and intentional participation in activities designed to circumvent the prohibitions in the Regulation. Her Majesty’s Revenue and Customs will enforce the provisions of the Order. Article 5 ensures that the same ancillary provisions as apply to their enforcement of customs and excise legislation apply in this context.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.