The Export Control (Syria Sanctions) Order 2013

Explanatory Note

(This note is not part of the Order)

This Order makes provision for certain trade restrictions against Syria and certain Syrian persons. The prohibitions apply to any person in the United Kingdom and United Kingdom persons, as defined in section 11 of the Export Control Act 2002(c. 28), wherever they are in the world.

The measures include prohibitions on the export, transfer or the provision of brokering services to Syria or to Syrian persons in relation to equipment or technology which might be used for internal repression as listed in Schedule 2 to the Order.

In addition, this Order makes provision for the enforcement of certain new trade sanctions against Syria specified in Council Regulation (EU) No 867/2012 (OJ No L 257, 25.9.2012, p1), Council Regulation (EU) No 325/2013 (OJ No L 102, 11.4.2013, p 1) and Council Regulation (EU) No 697/2013 (OJ No L 198, 23.7.2013, p 28) all of which amend Council Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (“the Amended Syria Regulation”). It does so by consolidating in one single instrument the enforcement of all current trade restrictions against Syria including those previously covered by the Export Control (Syria Sanctions) and (Miscellaneous Amendments) Order 2012 (S.I. 2012/810) as amended by S.I. (S.I. 2012/2125) (the “Syria Order”), which this Order revokes and replaces.

The new measures against Syria include prohibitions on the provision of financing or financial assistance, brokering services, etc. relating to the goods and technology in the Common Military List of the European Union for any purchase, import or transport of such items if they originate in Syria, or are being exported from Syria to any other country.

Article 2 and Schedule 1 to the Order revoke the Syria Order as well the relevant articles amending that Order in S.I. 2012/2125. In addition, the Order revokes article 8 of S.I. 2011/1304 which designated Syria as an “embargoed destination” for the purposes of the application of stricter trade controls under the Export Control Order 2008 (S.I. 2008/3231).

Articles 4 and 5 prohibit the export, transfer or the provision of brokering services to any Syrian person, or for use in Syria, unless authorised by a UK licence.

Articles 6 to 14 create offences in relation to the trade restrictions of the Amended Syria Regulation. There are already offences relating to the exportation and importation of prohibited goods, technology, etc. in sections 50, 68 and 170 of the Customs and Excise Management Act 1979 (“the 1979 Act”) (1979 c. 2).

Articles 16 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 17 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 18 requires the Secretary of State to review the operation and effect of the Order and publish a report within five years after this article 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).