The Export Control (North Korea Sanctions and Iran, Ivory Coast and Syria Amendment) Order 2017

Made: 27th January 2017

Laid before Parliament: 1st February 2017

Coming into force: 22nd February 2017

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to the interruption or reduction, in part or completely, of economic relations with one or more countries which are not member States .

This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for certain references to provisions of EU instruments to be construed as references to those provisions as amended from time to time.

The Secretary of State makes this Order in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 and by sections 1, 2, 3, 4, 5 and 7 of the Export Control Act 2002 .

PART 1 — Introductory

Citation and commencement

1

This Order may be cited as the Export Control (North Korea Sanctions and Iran, Ivory Coast and Syria Amendment) Order 2017 and comes into force on 22nd February 2017.

Revocation

2

The Export Control (North Korea and Ivory Coast Sanctions and Syria Amendment) Order 2013 is revoked.

Application

3

An offence may be committed under this Order—

• (a) in the United Kingdom by any person;

• (b) elsewhere by any person who is a United Kingdom person within the meaning of section 11 of the Export Control Act 2002.

Interpretation

4

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PART 2 — Offences relating to prohibitions in the North Korea Regulation

Offences related to items listed in Annexes I, Ia, Ib, Ic, Id, Ie, If and Ig

5

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Offences related to any item except food and medicine destined for North Korea's or another State's armed forces

6

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Offences related to goods and technology in the Common Military List and items listed in Annexes I, Ia and Ib

7

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Offences related to luxury goods listed in Annex III

8

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Offences related to gold, precious metals and diamonds listed in Annex VII

9

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Offences related to North Korean denominated banknotes and minted coinage

10

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Offences related to commercial activity associated with North Korea

11

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Offences related to financing or financial assistance for trade with North Korea relating to nuclear or ballistic-missile programmes

12

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PART 3 — Supplementary offences

Circumvention of prohibitions in the North Korea Regulation

13

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Offences related to an EU authorisation

14

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PART 4 — Enforcement and penalties

Penalties

15

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Application of the 1979 Act

16

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PART 5 — Miscellaneous

Amendment to the Export Control Order 2008

17

The Export Control Order 2008 is amended as follows—

• (a) in Part 2 of Schedule 4, omit “Ivory Coast (Côte d'Ivoire)”; and

• (b) in Part 4 of Schedule 4—

• (i) after “Hong Kong Special Administrative Region”, insert “Ivory Coast (Côte d'Ivoire)”; and

• (ii) after “Sri Lanka”, insert “ Syria ”.

Amendment to the Export Control (Iran Sanctions) Order 2016

18

In article 14(3) of the Export Control (Iran Sanctions) Order 2016 —

• (a) in paragraph (a), after “EU authorisation”, insert “ or licence ”; and

• (b) in paragraph (b), after “EU authorisation”, insert “ or licence ”.

Amendment to the Export Control (Syria Sanctions Order) 2013

19

The Export Control (Syria Sanctions) Order 2013 is amended as follows—

• (a) in article 4, for “a person shall not (directly or indirectly) export, supply or transfer” substitute “ a person commits an offence and may be arrested if that person (directly or indirectly) exports, supplies or transfers ”; and

• (b) in article 5(1), for “a person shall not (directly or indirectly) provide” substitute “ a person commits an offence and may be arrested if that person (directly or indirectly) provides ”.

PART 6 — General

Review

20

• (1) The Secretary of State must from time to time—

• (a) carry out a review of this Order;

• (b) set out the conclusions of the review in a report; and

• (c) publish the report.

• (2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to the rules on penalties applicable to infringements of the provisions of the North Korea Regulation and the measures taken to implement them in other member States.

• (3) The report must in particular—

• (a) set out the objectives intended to be achieved by the rules on penalties applicable to infringements of the provisions of the North Korea Regulation established by this Order and the measures taken to implement them;

• (b) assess the extent to which those objectives are achieved; and

• (c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

• (4) The first report under this Order must be published before the end of the period of five years beginning with the day on which this Order comes into force.

• (5) Reports under this Order are afterwards to be published at intervals not exceeding five years.

Signed

Mark Garnier — Parliamentary Under-Secretary of State for International Trade — 2017-01-27

Explanatory note

(This note is not part of the Order)

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. 2013/3182.

[^f00006]: 1979 c.2.

[^f00007]: OJ No L 88, 29.3.2007, p.1, as most recently amended by Council Implementing Regulation (EU) 2017/80 of 16 January 2017 (OJ No L 12, 17.1.2017, p.86).

[^f00008]: 2003 c.44. At the date of this Order, section 154(1) had not been commenced.

[^f00009]: 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).

[^f00010]: 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).

[^f00011]: 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).

[^f00012]: 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).

[^f00013]: 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.

[^f00014]: 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).

[^f00015]: Section 146 was modified by the Channel Tunnel (Customs and Excise) Order 1990 (S.I. 1990/2167), the Schedule, paragraph 22.

[^f00016]: 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).

[^f00017]: 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, sections 16(2) and (4) and 187, Schedule 17, Part I; and by the Criminal Justice Act 2003 (c.44), Schedule 37(4), paragraph 1.

[^f00018]: 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).

[^f00019]: Section 151 was amended by the Magistrates’ Courts Act 1980, section 154 and Schedule 7, paragraph 177.

[^f00020]: 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.

[^f00021]: Section 154 was modified by the Channel Tunnel (Customs and Excise) Order 1990 (S.I. 1990/2167), article 4 and the Schedule, paragraph 23.

[^f00022]: 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.

[^f00023]: 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.

[^f00024]: S.I. 2016/503.

[^f00025]: S.I. 2013/2012, to which there are amendments not relevant to this Order.

Editorial notes

[^c22986171]: 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).

[^c22986181]: S.I. 1994/757, to which there are amendments not relevant to this Order.

[^c22986191]: 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.

[^c22986201]: 2002 c.28.

[^c22986211]: S.I. 2013/3182.

[^c22986391]: 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.

[^c22986401]: S.I. 2016/503.

[^c22986411]: S.I. 2013/2012, to which there are amendments not relevant to this Order.

[^key-f1cb7381da50322ffcb6754c4406b3e7]: Arts. 4-16 revoked (14.3.2018) by The Export Control (North Korea Sanctions) Order 2018 (S.I. 2018/200), arts. 1, 25