UK Offence Report

The Export Control (Eritrea and Miscellaneous Amendments) Order 2011

UK Statutory Instrument 2011 No. 1296 — creates 4 criminal offences.

4offences created
0recorded in force
4revoked
Made
18 May 2011
In force from
13 June 2011
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 makes provision relating to the enforcement of certain measures against Eritrea set out in Council Regulation (EU) No 667/2010 (“the Regulation”). The Regulation implements the sanctions imposed by Council Decision 2010/127/CFSP as amended by Council Decision 2010/414/CFSP which in turn implement the restrictive measures contained in the United Nations Security Council Resolution UNSCR 1907 (2009) of 23 December 2009. 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 addresses a limited overlap with the Export Control Order 2008 (“the 2008 Order”). It provides that if someone acts in a way that would breach both the Regulation – leading to an offence under this Order – and the 2008 Order, that person only commits an offence under this Order. Article 5 sets out the penalties relating to the offences in the Order. The most serious penalties are reserved for knowing and intentionally participating in activities designed to circumvent the prohibitions in the Regulation. Her Majesty’s Revenue and Customs will enforce the provisions of the Order. Article 6 ensures that the same ancillary provisions as apply to their enforcement of customs and excise legislation apply in this context. Article 7 makes a technical amendment to the Export Control (North Korea) Order 2007 in order to implement the further amendment to Council Regulation (EC) No 329/2007 made by Council Regulation (EU) No 567/2010. Article 9 requires the Secretary of State to review the operation and effect of this Order and publish a report within five years after it comes into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Order should remain as it is, or be revoked or be amended. A further instrument would be needed to revoke the Order or to amend it. A regulatory impact assessment has not been produced for this instrument as it has no or minimal impact on business, charities or voluntary bodies. A copy of the Explanatory Memorandum is published alongside the Order on www.legislation.gov.uk. Further information is available from the Export Control Organisation, BIS, 1 Victoria Street, London SW1H 0ET and on BIS website (www.bis.gov.uk).

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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