UK Offence Report

The Export Control (Guinea) Order 2010 (revoked)

UK Statutory Instrument 2010 No. 364 — creates 8 criminal offences.

8offences created
0recorded in force
0revoked
Made
18 February 2010
In force from
20 February 2010
Extent
Not stated
Subject
International sanctions, export control and trade restrictions
Made under
European Communities Act 1972, 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 creates offences relating to provisions of Council Regulation (EU) No 1284/2009 (“the Regulation”) that fall within the remit of the Department for Business, Innovation and Skills. The Regulation relates to Guinea (also known as the Republic of Guinea) and implements, so far as is possible within the framework of the Treaty on the Functioning of the European Union, the sanctions imposed by Council Common Position 2009/788/CFSP as amended by Council Decision 2009/1003/CFSP. Articles 2 and 3 create offences for contravention of the provisions of the Regulation referred to there. There are already offences in sections 68 and 170 of the Customs and Excise Management Act 1979 that relate to prohibited exportation of goods (from the United Kingdom). Article 4 supplements the provisions of the Regulation that allow a competent authority to authorise activities that are otherwise prohibited. Article 4(1) makes it an offence knowingly or recklessly to provide false information for the purpose of obtaining an authorisation. Authorisations may be subject to requirements or conditions that continue even after the activity authorised has been carried out. Article 4(2) makes it an offence to fail to comply with such continuing requirements or conditions unless they were imposed after the activity was carried out or amended after that time in such a way as to give rise to non-compliance. Article 5 addresses a limited overlap with the Export Control Order 2008 (“the 2008 Order”). It provides that if someone acts within the terms of an authorisation issued under the Regulation, they cannot breach the 2008 Order. Equally, if someone acts in a way that would breach both the Regulation – leading to an offence under this Order – and the 2008 Order, they only commit an offence under this Order. Article 6 sets out the penalties relating to the offences in the Order. The most serious penalties are reserved for the sale, supply, transfer or exportation of goods or technology that could be used for internal repression, related brokering services (but just those related to goods), and brokering services related to goods on the Common Military List of the European Union. Exportation from the United Kingdom being dealt with in sections 68 and 170 of the Customs and Excise Management Act 1979, Article 6(6) modifies the maximum penalty under those sections for contravening an export prohibition in the Regulation relating to such equipment. Her Majesty’s Revenue and Customs will enforce the provisions of the Order. Article 7 ensures that the same ancillary provisions as apply to their enforcement of customs and excise legislation apply in this context. A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

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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