The Burma (Restrictive Measures) (Overseas Territories) Order 2004
UK Statutory Instrument 2004 No. 1979 — creates 17 criminal offences.
- Made
- 27 July 2004
- In force from
- 29 July 2004
- Extent
- Not stated
- Subject
- International sanctions, export control and trade restrictions
- Made under
- Her by section 112 of the Saint Helena Act 1833
Explanatory note
(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
This Order applies to each of the British overseas territories listed in Schedule 1. It imposes restrictive measures in respect of Burma and the continuing serious violations of human rights in that country and the failure of its military authorities to enter into substantive discussions with the democratic movement concerning a process leading to national reconciliation, respect for human rights and democracy. These measures include the prohibition of the delivery or supply of arms and related material and equipment that might be used for internal repression to Burma, and the prohibition of making available funds, financial assets or economic resources to listed persons and the freezing of their funds, financial assets or economic resources. It gives effect to measures adopted by the European Union in Council Common Position 2004/423/CFSP.
Offences created by this instrument
- Failure to disclose knowledge or suspicion of measures article 10(1) · Revoked · Mixed — some elements strict, some not
- Customs powers to demand evidence of destination which goods reach article 11 · Revoked · Strict liability
- Any person who has done any act under the authority of a licence granted by the Governor under this Order and who… article 12 · Revoked · Mixed — some elements strict, some not
- If for the purposes of obtaining any licence under this Order any person makes any statement or furnishes any document… article 12(1) · Revoked · Requires proof of a state of mind
- Any person who has done any act under the authority of a licence granted by the Governor under this Order and who… article 12(2) · Revoked · Strict liability
- Declaration as to goods: power of search article 13(3) · Revoked · Strict liability
- Declaration as to goods: power of search article 13(4) · Revoked · Requires proof of a state of mind
- Provisions supplementary to articles 14 to 16 article 17(3) · Revoked · Requires proof of a state of mind
- Supply of restricted goods article 3 · Revoked · Strict liability
- Exportation of restricted goods to Burma article 4(3) · Revoked · Requires proof of a state of mind
- Provision of assistance, advice or training article 5 · Revoked · Strict liability
- Use of ships, aircraft and vehicles: restricted goods article 6(3) · Revoked · Strict liability
- Making funds, financial assets or economic resources available to any listed person article 7 · Revoked · Strict liability
- Freezing of funds, financial assets or economic resources article 8(10) · Revoked · Strict liability
- Freezing of funds, financial assets or economic resources article 8(9) · Revoked · Strict liability
- Facilitation of activities prohibited under article 7 or 8(9) article 9 · Revoked · Requires proof of a state of mind
- Any person who – a without reasonable excuse, refuses or fails within the time and in the manner specified (or, if no… paragraph 46 of SCHEDULE 4 · Revoked · Requires proof of a state of mind
What Parliament said about it
Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2004