UK Offence Report

The Somalia (Sanctions) (Overseas Territories) Order 2012 (revoked)

UK Statutory Instrument 2012 No. 3065 — creates 20 criminal offences.

20offences created
0recorded in force
0revoked
Made
12 December 2012
In force from
9 January 2013
Extent
Not stated
Subject
International sanctions, export control and trade restrictions
Made under
Her by section 1 of the United Nations Act 1946, 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 Order gives effect in specified Overseas Territories to sanctions in respect of Somalia contained in United Nations Security Council resolutions (UNSCR) 733 (1992), 1356 (2001), 1425 (2002), 1772 (2007), 1844 (2008), 1851 (2008), 2036 (2012) and 2060 (2012). The Order also reflects the implementation of these sanctions by the European Union in Council Decision 2010/231 CFSP (as amended) and Council Regulations 147/2003 (as amended) and 356/2010 (as amended). The Order revokes and replaces the Somalia (United Nations Sanctions) (Overseas Territories) Order 2002. The main provisions of the sanctions in respect of Somalia as reflected in this Order are: a prohibition in respect of the direct or indirect sale, supply or transfer to Somalia of arms and related materiel; a prohibition on the supply to Somalia of technical assistance, training, financial and other specified forms of assistance related to military activities; a freezing of funds and economic resources owned or controlled by persons or entities designated by the United Nations Security Council Committee established pursuant to UNSCR 751 (1992) and 1907 (2009) concerning Somalia and Eritrea; a prohibition on making funds and economic resources available to such designated persons or entities; and a prohibition in respect of the sale, supply or transfer of weapons and military equipment and the supply of technical assistance or training, financial or other assistance to such designated persons or entities. The criteria for designating individuals and entities (as specified in UNSCR 2002 (2012)) are: i as engaging in or providing support for acts that threaten the peace, security or stability of Somalia, including acts that threaten the Djibouti Agreement of 18 August 2008 or the political process, or threaten the Transitional Federal Institutions or AMISOM by force; ii as having acted in violation of the general and complete arms embargo; iii as obstructing the delivery of humanitarian assistance to Somalia, or access to, or distribution of, humanitarian assistance in Somalia; iv as being political or military leaders recruiting or using children in armed conflicts in Somalia in violation of applicable international law; or v as being responsible for violations of applicable international law in Somalia involving the targeting of civilians including children and women in situations of armed conflict, including killing and maiming, sexual and gender-based violence, attacks on schools and hospitals and abduction and forced displacement. The sanctions regime also includes a prohibition on the import, purchase or transport of charcoal from Somalia. The Order makes provision for the Governor to license certain activities in line with exemptions under the sanctions regime.

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.

Check the source