UK Offence Report

The Belarus (Restrictive Measures) (Overseas Territories) Order 2011 (revoked)

UK Statutory Instrument 2011 No. 2440 — creates 15 criminal offences.

15offences created
0recorded in force
0revoked
Made
12 October 2011
In force from
14 October 2011
Extent
Not stated
Subject
International sanctions, export control and trade restrictions
Made under
Her by section 112 of the Saint Helena Act 1833

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 consolidated Order gives effect in the specified overseas territories to measures adopted by the European Union in Council Decision 2010/639/CFSP which was adopted on 26th October 2010, and amended on 20 June 2011 to add an arms embargo to the restrictive measures, and implemented in Council Regulation 765/2006, as amended from time to time, which came into force on 20th May 2006. Council Decision 2010/639 CFSP repealed Common Position 2006/276/CFSP which had originally introduced the restrictive measures. The Order continues restrictive measures in respect of Belarus and imposes restrictive measures on individuals responsible for the failure to start independent investigations into the prosecution of certain crimes for the fraudulent elections and referendum in 2004 and for the violations of international electoral standards in the presidential elections in 2006 and 2010 and the crackdown on civil society and democratic opposition and those persons associated with them. This Order applies to each of the British overseas territories listed in Schedule 1. The measures in the Order include a prohibition on the supply and delivery of arms and related materiel, the freezing of the funds and economic resources and a prohibition on making funds or economic resources available to persons or entities listed in Annex I and IA to the Council Regulation. Article 1 provides that the Order extends to the territories listed in Schedule 1, as well as setting out its title, commencement date and application. Article 2 contains the definitions used in the Order. Article 3 provides for publication by the Governor of lists of listed persons and restricted goods. Article 4 makes it a criminal offence for any person to supply restricted goods without a licence. Article 5 prohibits the exportation of restricted goods and makes it a criminal offence to contravene this prohibition. Article 6 prohibits the provision of assistance, advice or training relating to the sale, supply, transfer, maintenance, manufacture or use of restricted goods and makes it an offence to contravene this provision. Article 7 prohibits the use of ships, aircraft and vehicles to carry restricted goods to Belarus and makes it a criminal offence to contravene this provision. Article 8 provides a licensing procedure to disapply prohibitions in relation to the arms embargo in respect of certain equipment, vehicles and protective clothing intended solely for humanitarian or protective use. Article 9 provides for customs powers to demand evidence of the destination of goods and makes it an offence to fail to comply with the provisions. Article 10 requires that ,when requested to do so, those leaving the Territory provide a declaration as to goods and produce the goods, provides for powers of search and makes it an offence if provisions are not complied with or false information is provided. Article 11 provides powers for searching ships suspected of being used in contravention of the provisions of the Order, prohibiting a voyage from proceeding and providing for seizing or destroying restricted goods and detaining the vessel. Article 12 provides powers for searching aircraft suspected of being used in contravention of the provisions of the Order, prohibiting a flight from proceeding and providing for seizing or destroying restricted goods and detaining the aircraft. Article 13 provides powers for searching vehicles suspected of being used in contravention of the provisions of the Order, prohibiting a journey from proceeding and providing for seizing or destroying restricted goods and detaining the vehicle. Article 14 regulates the furnishing of information under articles 11 to 13 and establishes offences for non compliance. Article 15 requires the assets of a listed person to be frozen. Article 16 prohibits making funds available to a listed person and also provides for a defence. Article 17 provides exceptions to articles 15 and 16. Article 18 creates offences for circumventing the prohibitions in articles 15 and 16. Article 19 enables the Governor to direct that a person reasonably suspected to be a listed person be treated as if they were, for example when using an alias. Article 20 makes provision for licences to authorise exemptions from article 15 and 16. Article 21 requires institutions to disclose knowledge or suspicion of customers or other persons with whom they have dealings being listed persons, and creates offences for failure to comply with these requirements. Article 22 creates offences in connection with applications for licences and the failure to comply with the requirements. Article 23 provides for the Governor to obtain evidence or information to do with the matters regulated by the Order. Article 24 provides for penalties for offences created under the Order. Article 25 provides for proceedings for offences created under the Order. Article 26 prescribes the manner in which notices may be given under the Order. Article 27 provides for the delegation of powers by the Governor. Article 28 limits the scope of the prohibitions in the Order. Article 29 provides for the Order to cease to have effect, be postponed or suspended in the event that the Council Regulation is postponed, suspended, or terminated in whole or in part. Schedule 1 lists the territories to which the Order applies. Schedule 2 modifies articles 24 and 25 regarding penalties and court procedures for the Sovereign Base Areas. Schedule 3 modifies article 24 regarding penalties for the Falkland Islands and South Georgia and the South Sandwich Islands. Schedule 4 modifies article 24 regarding penalties for St Helena, Ascension and Tristan da Cunha. Schedule 5 makes provision regarding evidence and information. Schedule 6 names the statutory instrument which is revoked by virtue of Article 30.

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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