UK Offence Report

The Export Control (Somalia) Order 2011 (revoked)

UK Statutory Instrument 2011 No. 146 — creates 2 criminal offences.

2offences created
0recorded in force
0revoked
Made
25 January 2011
In force from
17 February 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 creates offences in connection with provisions of Council Regulation (EU) No 356/2010 (“the Regulation”) that fall within the remit of the Department for Business, Innovation and Skills. The Regulation relates to Somalia and implements, so far as is possible within the framework of the Treaty on the Functioning of the European Union, additional restrictive measures imposed on listed persons and entities by the United Nations, in accordance with United Nations Security Council Resolution 1844 (2008). On 12 April 2010 the United Nations Sanctions Committee adopted a list of persons and entities subject to those measures; that list was adopted by Council Decision 2010/231/CFSP, and implemented into EU law by the Regulation. Article 2 creates offences for contravention of the specified provisions of the Regulation. 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 3 addresses a limited overlap with the Somalia (United Nations Sanctions) Order 2002 (“the UN Order”) and 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 UN Order or 2008 Order, an offence is committed only under the UN Order. Article 4 sets out the penalties relating to the offences in the Order. The more serious penalties are reserved for knowing and intentional participation in activities designed to circumvent the prohibitions in the Regulation. Her Majesty’s Revenue and Customs will enforce the provisions of the Order. Article 5 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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