UK Offence Report

The Trade in Controlled Goods (Embargoed Destinations) (Overseas Territories) Order 2004

UK Statutory Instrument 2004 No. 3103 — creates 7 criminal offences.

7offences created
0recorded in force
0revoked
Made
16 December 2004
In force from
Not determined
Extent
Not stated
Subject
International sanctions, export control and trade restrictions
Made under
Her by section 16(5) of the Export Control Act 2002

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, made under the Export Control Act 2002 (the Act), extends with modifications the Trade in Controlled Goods (Embargoed Destinations) Order 2004 (S.I. 2004/318 as amended by S.I. 2004/1049 and 2004/2741) (the UK Order) to the territories listed in Schedule 1. It prohibits trade in certain goods between any overseas country and the embargoed destinations listed in Schedule 4. In this Order, these goods are referred to as “controlled goods”, and are found in part 1 of Schedule 1 to the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 (S.I. 2003/2764, as amended by S.I. 2004/1049, 2004/2561 and 2004/2741) as extended to the overseas territories by the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) (Overseas Territories) Order 2004 (SI 2004/3101). The controls in this Order do not apply to software and technology or to activities connected to trade in controlled goods that are situated in a territory to which it applies (with the exception of goods in transit via the territory). In relation to controlled goods, paragraph 3 of Schedule 2 prohibits any person within a listed territory, or a United Kingdom person (as defined in the Order) elsewhere, from supplying or delivering, agreeing to supply or deliver, or doing any act calculated to promote the supply or delivery of, controlled goods to any embargoed destination listed in Schedule 4, without a licence from the Governor (or a licence granted under any other order made under the Act). The remaining paragraphs in Schedule 2 do the following: Paragraphs 4-7 provide for the issuing and revocation of licences granted by the Governor, registration, record keeping and inspection and licence refusals and appeals; Paragraphs 8-11 provide for offences, enforcement and penalties for the breach of the controls; Paragraph 12 sets out the purposes for which information obtained by the Governor or customs authorities of a territory can be disclosed; and Paragraph 13 states the address where notices are to be sent. Schedule 3 extends with modifications the provisions of section 9 of the Export Control Act 2002 to the territories listed in Schedule 1. Schedule 4 sets out the embargoed destinations under this Order, and article 5 provides for the Governor to make modifications to Schedule 4 in the event of modifications to the Schedule to the UK Order. Schedule 5 provides for offences, enforcement and penalties for the breach of the controls in Schedule 2 in respect of the Sovereign Base Areas of Akrotiri and Dhekelia.

Offences created by this instrument

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.

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