UK Offence Report

The Sudan (United Nations Measures) Order 2006

UK Statutory Instrument 2006 No. 1454 — creates 6 criminal offences.

6offences created
0recorded in force
6revoked
Made
7 June 2006
In force from
9 June 2006
Extent
Not stated
Subject
International sanctions, export control and trade restrictions
Made under
Her by section 1 of the United Nations Act 1946

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 gives effect in the United Kingdom to two resolutions adopted by the Security Council of the United Nations (resolution 1591(2005) adopted on 29th March 2005 and resolution 1672(2006) adopted on 25th April 2006) and provides for the enforcement of two Regulations adopted by the European Communities (Council Regulation (EC) No 1184/2005 of 18th July 2005 (O.J. L.193, 23.7.2005, p.9) and Commission Regulation (EC) No 760/2006 of 18th May 2006 (O.J. L.132, 19.5.2006, p.28)). The Security Council has decided that all states are to take certain measures against individuals who impede the peace process or violate international law in the conflict in the Darfur region of Sudan. The measures include the freezing of funds, financial assets and economic resources of such individuals and ensuring that any funds, financial assets and economic resources are not made available to them. The individuals to which the measures are to apply include persons (“designated persons”) designated by a Committee of the Security Council established under resolution 1591(2005) or listed in paragraph 1 of resolution 1672(2006). Article 3 of this Order requires the Treasury to maintain a list of designated persons and to make the list publicly available. Article 4 prohibits any dealing with funds, financial assets and economic resources of designated persons, and makes it a criminal offence to contravene this prohibition. Article 5 prohibits making funds, financial assets and economic resources available to designated persons, and makes it a criminal offence to contravene this prohibition. Article 7 makes it a criminal offence to circumvent the prohibitions or to facilitate the commission of an offence relating to a prohibition. Article 8 gives the Treasury power to direct that a person suspected of being owned or controlled, directly or indirectly, by a designated person or of acting on behalf of or at the direction of a designated person is to be treated for the purposes of the prohibitions and offences as if he were a designated person. It also creates an appeal process in respect of any such direction. Article 9 provides a licensing procedure to enable, for humanitarian purposes, certain acts to be exempted from the prohibitions. Article 18 revokes the Sudan (United Nations Measures) Order 2005 which gave effect to resolution 1591(2005) before that resolution was supplemented by resolution 1672(2006). The Schedule makes provision about information and evidence. A list of designated persons and any persons who are the subject of a direction made under article 8 will be made available on the Internet at: www.bankofengland.co.uk. A partial regulatory impact assessment of the effect that this instrument will have on the costs of business may be obtained from the Asset Freezing Unit of the Financial Crime Team, HM Treasury, 1 Horse Guards Road, London SW1A 2HQ and is also available on HM Treasury’s website (www.hm-treasury.gov.uk). A copy of the regulatory impact assessment has been placed in the libraries of both Houses of Parliament.

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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