The Export Control (Yemen Sanctions) Regulations 2015

Made: 2nd August 2015

Laid before Parliament: 5th August 2015

Coming into force: 27th August 2015

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PART 1 — Introductory

Citation, commencement and application

1

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Interpretation

2

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PART 2 — Offences in relation to prohibitions in the Yemen Regulation

Offences in relation to prohibitions in the Yemen Regulation

3

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PART 3 — Supplementary provisions as to offences

Circumvention of prohibitions

4

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PART 4 — Enforcement and penalties

Penalties

5

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Application of the 1979 Act

6

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PART 5 — General

Amendment to the Export Control Order 2008 in relation to Yemen

7

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Review

8

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Signed

Anna Soubry — Minister of State for Small Business, Industry and Enterprise — Department for Business, Innovation and Skills — 2015-08-02

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

The Regulations make provision for the enforcement of certain trade restrictions in view of the situation in Yemen as specified in Council Regulation (EU) No 1352/2014 (OJ L No 365, 19.12.2014, p.60) (the “Yemen Regulation”), as amended by Council Regulation (EU) 2015/878 (OJ L No 143, 9.6.2015, p.1).

The Regulations set out offences in relation to these restrictions and those offences can be committed by any person in the United Kingdom and, around the world, by any United Kingdom person, as defined in section 11 of the Export Control Act 2002 (c.28).

The restrictive measures include a prohibition on the provision of technical assistance related to military activities and to the provision, manufacture, maintenance and use of arms and related materiel of all types, directly or indirectly to any natural or legal person, entity or body as listed in Annex I to the Yemen Regulation. There is also a prohibition on the provision of financial assistance related to military activities, including in particular grants, loans and export credit insurance, as well as insurance and reinsurance, for any sale, supply, etc. of arms and related materiel, or for the provision of related technical assistance, directly or indirectly to any natural or legal person, entity or body as listed in Annex I to the Yemen Regulation.

Regulation 3 creates offences for the contravention of the trade restrictions in the Yemen Regulation and regulation 4 creates an offence for circumvention of these restrictions.

Regulation 5 sets out the penalties relating to the offences in the Regulations and regulation 6 provides for the ancillary provisions which apply to the enforcement of customs and excise legislation to also apply to the enforcement of these Regulations.

Regulation 7 removes Yemen from the list of countries subject to transit control for category B goods in Part 4 of Schedule 4 to the Export Control Order 2008 (S.I. 2008/3231) to the list of countries embargoed and subject to transit control for military goods in Part 3 of that Schedule.

Regulation 8 requires the Secretary of State to review the operation and effect of these Regulations and publish a report within five years after they come into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or amended. A further instrument would be needed to revoke the Regulations or to amend them.

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 Regulations 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).

Footnotes

[^f00001]: 1972 c.68; section 2(2) was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7).

[^f00002]: S.I. 1994/757, to which there are amendments not relevant to these Regulations.

[^f00003]: 2002 c.28.

[^f00004]: 1979 c.2.

[^f00005]: OJ No L 365, 19.12.2014, p.61.

[^f00006]: OJ No L 143, 9.6.2015, p.1.

[^f00007]: 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.

[^f00008]: 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), sections 50(6), 52(2), Schedule 4, paragraphs 20 and 23.

[^f00009]: Section 146 was modified by the Channel Tunnel (Customs and Excise) Order 1990 (S.I. 1990/2167), article 4 and the Schedule, paragraph 22.

[^f00010]: 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,section 50(6), Schedule 4, paragraphs 20 and 24.

[^f00011]: 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), (4), 187, Schedule 17, Part I.

[^f00012]: Section 150 was amended by the Commissioners for Revenue and Customs Act 2005, Schedule 4, paragraphs 20 and 25.

[^f00013]: Section 151 was amended by the Magistrates’ Courts Act 1980, section 154 and Schedule 7, paragraph 177.

[^f00014]: Section 152 was amended by the Commissioners for Revenue and Customs Act 2005, sections 50(6) and 52(1) and (2), Schedule 4, paragraphs 20 and 26 and Schedule 5.

[^f00015]: Section 154 was modified by the Channel Tunnel (Customs and Excise) Order 1990 (S.I. 1990/2167), article 4 and the Schedule, paragraph 23.

[^f00016]: Section 155 was amended by the Commissioners for Revenue and Customs Act 2005, sections 50(6), 52(2), Schedule 4, paragraphs 20, 21(j) and 27 and Schedule 5.

[^f00017]: S.I. 2008/3231, to which there are amendments not relevant to these Regulations.

Editorial notes