The Export Control (Syria Sanctions) and (Miscellaneous Amendments) Order 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision for the enforcement of certain restrictive measures specified in Council Regulation (EU) No 36/2012 (OJ L 16, 19.1.2012, p1), as last amended by Council Regulation (EU) No 168/2012, concerning restrictive measures in view of the situation in Syria and repealing Council Regulation (EU) 442/2011 (“the Syria Regulation”).

The Syria Regulation implements the sanctions imposed by Council Decision 2011/782/CFSP (OJ L 319, 2.12.2011, p56), as last amended by Council Decision 2012/122/CFSP, concerning restrictive measures against Syria and repealing Decision 2011/273/CFSP.

The measures include prohibitions on trade, technical assistance, financing, financial assistance or brokering of equipment which may be used for internal repression, goods and technology in the Common Military list of the European Union, telecommunications monitoring equipment for use by the Syrian regime, equipment and technology for the Syrian oil and gas industry, new Syrian denominated bank notes and coinage and restrictions on the trade in gold, precious metals and diamonds with the Central Bank of Syria. They also include prohibitions on the import, purchase, transport and financial assistance of Syrian crude oil or petroleum products and prohibitions on the participation in certain infrastructure projects and investment in such projects.

Article 2 revokes those provisions of the Export Control (Syria and Miscellaneous Amendments) Order 2011 (SI 2011/1304), which made provision for offences and penalties for contravention of the previous restrictive measures against Syria. In addition, it revokes the Export Control (Uzbekistan) (Amendment) Order 2009 (S.I. 2009/1174) which has become spent.

Articles 4 to 11 create offences for contravention of the provisions of the Syria Regulation referred to there. There are already offences relating to importation and exportation of prohibited goods in sections 50, 68 and 170 of the Customs and Excise Management Act 1979 (“the 1979 Act”) (1979 c. 2).

Article 12 supplements the provisions of the Syria Regulation that allow a competent authority to authorise or approve activities that are otherwise prohibited (i.e. Articles 2(3), 3(2), 4(1) and 5 of the Syria Regulation). Article 12(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 act authorised has been carried out. Article 12(3) makes it an offence to fail to comply with such continuing requirements or conditions unless they were imposed after the act was carried out or amended after that time in such a way as to give rise to non-compliance.

Article 13 provides that circumvention of the prohibitions in Articles 2 to 6, 8, 9 or 11 to 13 of the Syria Regulation is an offence.

Article 14 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 15 makes provision so that the ancillary provisions which apply to the enforcement of customs and excise legislation also apply to the enforcement of this Order.

Article 16 requires the Secretary of State to review the operation and effect 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.

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).