The Export Control (Somalia) Order 2011

Made: 25th January 2011

Laid before Parliament: 27th January 2011

Coming into force: 17th February 2011

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Citation, commencement and interpretation

1

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Offences related to military activities

2

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Overlap with other legislation

3

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Penalties

4

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Application of the 1979 Act

5

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Signed

Mark Prisk — Minister of State for Business and Enterprise — Department for Business, Innovation and Skills — 2011-01-25

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

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.

Footnotes

[^f00001]: S.I. 2010/1834.

[^f00002]: 1972 c. 68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1) and the European Union (Amendment) Act 2008 (c.7), Schedule 1.

[^f00003]: OJ No L 105, 27.04.2010, p1.

[^f00004]: Paragraph 1A of Schedule 2 was inserted by the Legislative and Regulatory Reform Act 2006, section 28 and amended by the European Union (Amendment) Act 2008, section 3(3) and Schedule, part 1.

[^f00005]: 2002 c. 28.

[^f00006]: OJ No C 69, 18.3.2010, p19.

[^f00007]: 1979 c. 2.

[^f00008]: S.I. 2002/2628

[^f00009]: S.I. 2008/3231; relevant amending instruments are S.I. 2009/1305, 2009/1852, 2009/2151, 2009/2969.

[^f00011]: Section 138 was amended by the Police and Criminal Evidence Act 1984 (c. 60), sections 114(1) and 119, Schedule 6, paragraph 37 and Schedule 7, Part 1; by the Finance Act 1988 (c. 39), section 11; by the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341), article 90(1) and Schedule 6, paragraph 9; and by the Serious Organised Crime and Police Act 2005 (c. 15), Schedule 7, paragraph 54.

[^f00012]: Section 145 was amended by the Police and Criminal Evidence Act 1984, section 114(1); and by the Commissioners for Revenue and Customs Act 2005 (c. 11), Schedule 4, paragraphs 20 and 23.

[^f00013]: Section 146 was modified by the Channel Tunnel (Customs and Excise) Order 1990 (S.I. 1990/2167), article 4 and the Schedule, paragraph 22.

[^f00014]: Section 146A was inserted by the Finance Act 1989 (c. 26), section 16(1) and amended by the Commissioners for Revenue and Customs Act 2005, Schedule 4, paragraphs 20 and 24.

[^f00015]: Section 147 was amended by the Magistrates’ Courts Act 1980 (c. 43), section 154 and Schedule 7, paragraph 176; by the Criminal Justice Act 1982 (c. 48), sections 77 and 78, Schedule 14, paragraph 42 and Schedule 16; and by the Finance Act 1989, section 16(2).

[^f00016]: Section 150 was amended by the Commissioners for Revenue and Customs Act 2005, Schedule 4, paragraphs 20 and 25.

[^f00017]: Section 151 was amended by the Magistrates’ Courts Act 1980, section 154 and Schedule 7, paragraph 177.

[^f00018]: Section 152 was amended by the Commissioners for Revenue and Customs Act 2005, section 52, Schedule 4, paragraphs 20 and 26 and Schedule 5.

[^f00019]: Section 154 was modified by the Channel Tunnel (Customs and Excise) Order 1990 (S.I. 1990/2167), article 4 and the Schedule, paragraph 23.

[^f00020]: Section 155 was amended by the Commissioners for Revenue and Customs Act 2005, Schedule 4, paragraphs 20, 21 and 27.

Editorial notes

Offences relating to prohibitions under Article 8 of the 2010 Regulation

Offence relating to prohibition under Article 3c of the 2003 Regulation

2A

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Offences relating to authorisation under Article 3c of the 2003 Regulation

2B

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Offences under the 1979 Act in connection with the 2003 Regulation

2C

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Overlap with other legislation

Penalties

Application of the 1979 Act