Amendments to the Export Control (Libya Sanctions) Order 2016
3.—(1) The Export Control (Libya Sanctions) Order 2016(1) is amended as follows.
(2) In article 4(1), in the definition of “the Libya Regulation”, after “Regulation (EU) No 204/2011”(2), insert “as last amended by Commission Implementing Regulation (EU) No 2017/1974(3)”.
(3) After article 5 (offences related to equipment which might be used for internal repression as listed in Annex I), insert—
Offences related to goods which could be used for smuggling of migrants etc. set out in Annex VII
5A.—(1) Unless authorised by an EU authorisation, or where paragraph (2) applies, a person must not–
(a)export items set out in Annex VII to the Libya Regulation from the United Kingdom–
(i)to any person, entity or body in Libya, or
(ii)if such items are for use in Libya, to any person, entity or body in any other destination;
(b)engage in any activity, other than the export of goods, described in paragraph (a) of Article 2a(1)(4) of the Libya Regulation (sale, supply etc. of goods set out in Annex VII to any person, entity or body in Libya or for use in Libya);
(c)engage in any activity described in paragraph (b) of that Article (provision of technical assistance etc. related to, or to the provision etc., of goods set out in Annex VII to any person, entity or body in Libya or for use in Libya); or
(d)engage in any activity described in paragraph (c) of that Article (provision of financing etc. related to goods set out in Annex VII or for any related technical assistance etc., to any person, entity or body in Libya or for use in Libya).
(2) This paragraph applies in the circumstances described in Article 2a(3) of the Libya Regulation (sale, supply etc. of goods set out in Annex VII, provision of related technical assistance etc. and related financing etc. by authorities of member States to Libya’s government).
(3) A person who is knowingly concerned in an activity prohibited by paragraph (1)(b) or (1)(c) with intent to evade that prohibition commits an offence and may be arrested.
(4) A person who is knowingly concerned in an activity prohibited by paragraph (1)(d) with intent to evade that prohibition commits an offence and may be arrested.”
(4) In article 7–
(a)in paragraph (1)(a), after “of the Libya Regulation”, insert “and in articles 5A(1)(b) and 5A(1)(c) of this Order”;
(b)in paragraph (2)(a), after “of the Libya Regulation”, insert “and in article 5A(1)(d) of this Order”.
(5) In article 9–
(a)in paragraph (1), after “5(c),”, insert “5A(3),”;
(b)in paragraph (3), after “5(b),”, insert “5A(4),”;
(c)in paragraph (4), after “of the Libya Regulation”, insert “and in article 5A(1)(a) of this Order”.
(6) In article 10(2), for “Article 2 or 3”, substitute “Article 2, 2a or 3”.
OJ No L 58, 03.03.2011, p.1.
OJ No L 281, 31.10.2017, p.27.
Article 2a was inserted by Council Regulation (EU) 2017/1325 of 17 July 2017 (OJ No L 185, 18.07.2017, p.16).