The Export Control (Libya Sanctions) Order 2016

Made: 20th July 2016

Laid before Parliament: 21st July 2016

Coming into force: 12th August 2016

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 1 — Introductory

Citation and commencement

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocation

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 2 — Offences relating to prohibitions in the Libya Regulation

Offences related to equipment which might be used for internal repression as listed in Annex I

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offences related to goods and technology listed in the Common Military List and financing or financial assistance related to goods listed in Annex I

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 — Supplementary offences

Circumvention of prohibitions in the Libya Regulation

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offences related to an EU authorisation

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 4 — Enforcement and penalties

Penalties

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of the 1979 Act

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 5 — Miscellaneous

Amendment of the Export Control Order 2008

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 6 — General

Review

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed

Greg Hands — Parliamentary Under Secretary of State — Department for International Trade — 2016-07-20

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order provides for the enforcement of trade restrictions against Libya specified in Council Regulation (EU) No 2016/44 concerning restrictive measures against Libya (OJ No L 12, 19.1.2016, p.1) (the “Libya Regulation”). This Order revokes and replaces the Export Control (Libya) Order 2011 (S.I. 2011/825) and the Export Control (Liberia) Order 2011 (S.I. 2011/145).

Articles 5 and 6 create offences for contravention of the trade restrictions in the Libya Regulation.

Article 7 creates offences for the circumvention of the trade restrictions in the Libya Regulation.

Article 8 supplements the provisions of the Libya Regulation that allow a competent authority to authorise activities that are otherwise prohibited. Article 8(1) makes it an offence knowingly and recklessly to provide false information for the purpose of obtaining an authorisation and Article 8(3) makes it an offence to fail to comply with authorisation requirements or conditions.

Article 9 sets out the penalties relating to the offences in the Order.

Article 10 provides for the ancillary provisions which apply to the enforcement of customs and excise legislation to apply to the enforcement of this Order.

Article 11 omits Liberia from the list in Part 3 of Schedule 4 to the Export Control Order 2008 ([S.I. 2008/3231](https://www.legislation.gov.uk/uksi/2008/3231)) and inserts Liberia into the list in Part 4 of Schedule 4 to that Order.

An 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, BIT, 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 this Order.

[^f00003]: Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by the European Union (Amendment) Act 2008, Schedule, Part 1.

[^f00004]: 2002 c.28.

[^f00005]: S.I. 2011/825.

[^f00006]: S.I. 2011/145.

[^f00007]: 1979. c.2.

[^f00008]: OJ No L 12, 19.1.2016, p.1.

[^f00010]: Section 68(3)(b) was amended by the Finance Act 1988 (c.39), section 12(1)(a); by the Criminal Justice and Immigration Act 2008 (c.4), Schedule 17, Part 2, paragraph 8(4)(a); and by the Anti-Social Behaviour, Crime and Policing Act 2014 (c. 12), section 111(7)(a).

[^f00011]: Section 170(3)(b) was amended by the Finance Act 1988, section 12(1)(a); by the Import of Seal Skins Regulations 1996/2686, regulation 4(2)(a); by the Criminal Justice and Immigration Act 2008, Schedule 17, Part 2, paragraph 8(5)(a); and by the Anti-Social Behaviour, Crime and Policing Act 2014, section 111(4)(a).

[^f00012]: Section 50(4)(b) was amended by the Finance Act 1988, section 12(1)(a); by the Import of Seal Skins Regulations 1996/2686, regulation 4(1)(a); by the Criminal Justice and Immigration Act 2008, Schedule 17, Part 2, paragraph 8(3)(a); and by the Anti-Social Behaviour, Crime and Policing Act 2014, section 111(3)(a).

[^f00013]: Section 77A was inserted by the Finance Act 1987 (c.16), section 10 and amended by Schedule 1, paragraph 7 of the Customs and Excise (Single Market etc.) Regulations 1992 (S.I. 1992/3095).

[^f00014]: 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.

[^f00015]: Section 145 was amended by the Police and Criminal Evidence Act 1984, section 114(1); by the Commissioners for Revenue and Customs Act 2005 (c.11), sections 50(6), 52(2), Schedule 4, paragraphs 20 and 23; and by the Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order (S.I. 2014/834), Schedule 2, paragraph 2(a).

[^f00016]: Section 146 was modified by the Channel Tunnel (Customs and Excise) Order 1990 (S.I. 1990/2167), the Schedule, paragraph 22.

[^f00017]: 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 and by the Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order, Schedule 2, paragraph 2(b).

[^f00018]: 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; by the Finance Act 1989, section 16(2), (4), 187, Schedule 17, Part I; and by the Criminal Justice Act 2003 (c.44) Schedule 37(4), paragraph 1.

[^f00019]: Section 150 was amended by the Commissioners for Revenue and Customs Act 2005, Schedule 4, paragraphs 20 and 25 and by the Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order (S.I. 2014/834), Schedule 2, paragraph 2(a).

[^f00020]: Section 151 was amended by the Magistrates’ Courts Act 1980, section 154 and Schedule 7, paragraph 177.

[^f00021]: 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.

[^f00022]: Section 154 was modified by the Channel Tunnel (Customs and Excise) Order 1990 (S.I. 1990/2167), article 4 and the Schedule, paragraph 23.

[^f00023]: 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.

[^f00024]: S.I. 2008/3231, relevant amending instruments are S.I. 2009/1305, 2009/2969, 2010/615, 2010/2007, 2011/825, 2011/1304, 2011/2010, 2013/3182, 2014/2357, 2015/1546, 2015/1586 and 2016/503.

Editorial notes

Offences related to goods which could be used for smuggling of migrants etc. set out in Annex VII

5A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offences related to goods and technology listed in the Common Military List and financing or financial assistance related to goods listed in Annex I