The Export Control (Syria Sanctions) Order 2013 No. 2012

PART 3 U.K. Offences in relation to the prohibitions of the Syria Regulation

Offences related to equipment and goods and technology listed in Annex I or IX or in the Common Military List of the European Union U.K.

6.—(1) A person who is knowingly concerned in an activity, other than the export of goods, prohibited by any of the following Articles of the Syria Regulation with intent to evade a prohibition in those Articles commits an offence and may be arrested—

(a) Article 2a(1)(a) (prohibition on sale etc. of equipment, goods or technology which might be used for internal repression as listed in Annex IA, whether or not originating in the Union to any person, entity or body in Syria, or for use in Syria);

(b) Article 3(1)(a) (prohibition on provision of technical assistance or brokering services related to equipment goods or technology which might be used for internal repression as listed in Annex IA to any person, entity or body in Syria, or for use in Syria);

(c) Article 3(1)(b) (prohibition on provision of financing or financial assistance related to goods and technology listed in Annex IA to any person, entity or body in Syria, or for use in Syria);

(d) Article 3a (prohibition on provision of financing or financial assistance, brokering services, etc. relating to the goods and technology listed 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).

(2) A person commits an offence and may be arrested if that person—

(a) is concerned in an activity, except by exporting goods and technology, for which EU authorisation is required by Article 2b of the Syria Regulation (authorisation required for sale, etc. of goods and technology which might be used for internal repression as listed in Annex IX, to any person, entity or body in Syria or for use in Syria);

(b) does not have the required EU authorisation; and

(c) is knowingly concerned in that activity with intent to evade a prohibition in that Article.

(3) A person commits an offence and may be arrested if that person—

(a) is concerned in an activity for which EU authorisation is required by Article 3(4) of the Syria Regulation (authorisation required for the provision of technical assistance, brokering services, financing or financial assistance related to the equipment, goods and technology listed in Annex IX, to any person, entity or body in Syria or for use in Syria);

(b) does not have the required EU authorisation; and

(c) is knowingly concerned in that activity with intent to evade a prohibition in that Article.

Offences related to equipment, technology and software listed in Annex V U.K.

7.  A person commits and offence and may be arrested if that person—

(a) is concerned in an activity, except by exporting goods and technology, for which EU authorisation is required by any of the following Articles of the Syria Regulation—

(i) Article 4(1) (authorisation required for the sale etc. of items listed in Annex V to any person, entity or body in Syria or for use in Syria;

(ii) Article 5(1)(a) (authorisation required for the provision of technical assistance or brokering services related to items listed in Annex V to any person, entity or body in Syria or for use in Syria);

(iii) Article 5(1)(b)(authorisation required for the provision of financing or financial assistance related to items listed in Annex V to any person, entity or body in Syria, or for use in Syria);

(iv) Article 5(1)(c)(authorisation required for the provision of any telecommunications or internet monitoring or interception services of any kind to, or for the direct or indirect benefit of, the State of Syria, its Government, its public bodies, corporations and agencies or any person or entity acting on their behalf or at their direction).

(b) does not have the required EU authorisation; and

(c) is knowingly concerned in that activity with intent to evade a prohibition in those Articles.

Offences related to crude oil and petroleum products listed in Annex IV U.K.

8.   [F1 Unless authorised by an EU authorisation,] a person who is knowingly concerned in an activity, other than the import of goods, prohibited by any of the following Articles of the Syria Regulation with intent to evade a prohibition in those Articles commits an offence and may be arrested—

(a) Article 6(b) (prohibition on purchase of crude oil or petroleum products which are located in or which originated in Syria);

(b) Article 6(c) (prohibition on transporting crude oil or petroleum products if they originate in Syria, or are being exported from Syria to any other country);

(c) Article 6(d) (prohibition on provision of financing or financial assistance related to the prohibitions [F2 set out in point (a)] of Article 6 of the Syria Regulation);

[F3 (d) Article 6(da) (prohibition on provision of financing or financial assistance related to the prohibitions set out in points (b) and (c) of Article 6 of the Syria Regulation).]

Textual Amendments

F1 Words in art. 8 inserted (1.2.2018) by The Export Control (Syria and Libya Sanctions) (Amendment) Order 2017 (S.I. 2017/1311), arts. 1, 2(3)(a)

F2 Words in art. 8(c) substituted (1.2.2018) by The Export Control (Syria and Libya Sanctions) (Amendment) Order 2017 (S.I. 2017/1311), arts. 1, 2(3)(b)

F3 Art. 8(d) inserted (1.2.2018) by The Export Control (Syria and Libya Sanctions) (Amendment) Order 2017 (S.I. 2017/1311), arts. 1, 2(3)(c)

[F4 Offences related to jet fuel and fuel additives as identified in Annex Va U.K.

8A.   Unless authorised by an EU authorisation, a person who is knowingly concerned in an activity, other than the export of goods, prohibited by any of the following Articles of the Syria Regulation with intent to evade a prohibition in those Articles commits an offence and may be arrested—

(a) Article 7a(1)(a) (prohibition on the sale, supply etc. of jet fuel and fuel additives as identified in Annex Va to any person, entity or body in Syria, or for use in Syria);

(b) Article 7a(1)(b) (prohibition on the provision of financing or financial assistance related to the sale, supply etc. of jet fuel and fuel additives as identified in Annex Va to any person, entity or body in Syria, or for use in Syria);

(c) Article 7a(1)(c) (prohibition on the provision of brokering services with regard to the sale, supply etc. of jet fuel and fuel additives as identified in Annex Va to any person, entity or body in Syria, or for use in Syria).]

Textual Amendments

F4 Art. 8A inserted (24.2.2015) by The Export Control (Various Amendments) Order 2015 (S.I. 2015/97), arts. 1, 3(3)

Offences related to key equipment and technology listed in Annex VI U.K.

9.  A person who is knowingly concerned in an activity, other than the export of equipment or technology, prohibited by any of the following Articles of the Syria Regulation with intent to evade the prohibitions in those Articles commits an offence and may be arrested—

(a) Article 8(1) (prohibition on sale, etc. of equipment and technology listed in Annex VI to any Syrian person, entity or body, or for use in Syria);

(b) Article 9(a) (prohibition on provision of technical assistance or brokering services related to equipment and technology listed in Annex VI, to any Syrian person, entity or body, or for use in Syria);

(c) Article 9(b) (prohibition on provision of financing or financial assistance related to equipment and technology listed in Annex VI, to any Syrian person, entity or body, or for use in Syria).

Offences related to the movement of Syrian bank notes and coins U.K.

10.  A person who is knowingly concerned in an activity, other than the export of goods, prohibited by Article 11 of the Syria Regulation (prohibition on sale, etc. of new Syrian denominated banknotes and coinage, printed or minted in the Union, to the Central Bank of Syria) with intent to evade the prohibitions in that Article commits an offence and may be arrested.

Offences related to the movement of gold, precious metals and diamonds listed in Annex VIII U.K.

11.  A person who is knowingly concerned in an activity, other than the export or the import of goods, prohibited by any of the following Articles of the Syria Regulation with intent to evade the prohibitions in those Articles commits an offence and may be arrested—

(a) Article 11a(1)(a) (prohibition on sale, etc. of gold, precious metals and diamonds, as listed in Annex VIII, to the Government of Syria, its public bodies, corporations and agencies, the Central Bank of Syria, any person, entity or body acting on their behalf or at their direction, or any entity or body owned or controlled by them);

(b) Article 11a(1)(b) (prohibition to purchase, etc. of gold, precious metals and diamonds, as listed in Annex VIII, from the Government of Syria, its public bodies, corporations and agencies, the Central Bank of Syria and any person, entity or body acting on their behalf or at their direction, or any entity or body owned or controlled by them);

(c) Article 11a(1)(c) (prohibition on provision of technical assistance or brokering services or financing or financial assistance related to goods listed in Annex VIII to the Government of Syria, its public bodies, corporations and agencies, the Central Bank of Syria and any person, entity or body acting on their behalf or at their direction, or any entity or body owned ore controlled by them).

Offences related to the movement of luxury goods to Syria U.K.

12.  A person who is knowingly concerned in an activity, other than the export of goods, prohibited by Article 11b of the Syria Regulation (prohibition on sale, etc. of luxury goods as listed in Annex X to Syria, etc.) with intent to evade the prohibitions in that Article commits an offence and may be arrested.

[F5 Offences related to the movement of Syrian cultural property goods, etc including those listed in Annex XI U.K.

12A.   A person who is knowingly concerned in an activity, other than the export or the import of goods, prohibited by Article 11c of the Syria Regulation (prohibition on import, export, transfer or provision of brokering services related to import, export or transfer, of Syrian cultural property goods, etc, including those listed in Annex XI, where there are reasonable grounds to suspect that the goods have been removed from Syria without the consent of the legitimate owner or in breach of Syrian or international law) with intent to evade the prohibitions in that Article commits an offence and may be arrested.]

Textual Amendments

F5 Art. 12A inserted (8.8.2014) by The Export Control (Syria Sanctions) (Amendment) Order 2014 (S.I. 2014/1896), arts. 1, 2(3)

Offences related to equipment and technology listed in Annex VII U.K.

13.  A person who is knowingly concerned in an activity, other than the export of equipment or technology, prohibited by any of the following Articles of the Syria Regulation with intent to evade the prohibitions in those Articles commits an offence and may be arrested—

(a) Article 12(1)(a) (prohibition on sale, etc. of equipment or technology listed in Annex VII to be used in the construction or installation in Syria of new power plants for electricity production);

(b) Article 12(1)(b) (prohibition on the provision of financial or technical assistance in relation to any project referred to in point (a) of Article 12(1) of the Syria Regulation).

Offences related to restrictions on financing certain enterprises U.K.

14.  A person who is knowingly concerned in an activity prohibited by any of the following Articles of the Syria Regulation with intent to evade the prohibitions in those Articles commits an offence and may be arrested—

(a) Article 13(1)(a) (prohibition on the granting of any financial loan or credit to any Syrian person, entity or body engaged in certain specified activities);

(b) Article 13(1)(b) (prohibition on the acquisition or extension of a participation in any Syrian person, entity or body engaged in certain specified activities);

(c) Article 13(1)(c) (prohibition on the creation of a joint venture with any Syrian person, entity or body engaged in certain specified activities).