UK Offence Report

The Sudan and South Sudan (Restrictive Measures) (Overseas Territories) Order 2012 (revoked)

UK Statutory Instrument 2012 No. 361 — creates 12 criminal offences.

12offences created
0recorded in force
0revoked
Made
15 February 2012
In force from
14 March 2012
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.

The Order gives effect in the specified overseas territories to measures adopted by the European Union in Council Decision 2011/423/CFSP adopted on 18 July 2011 and implemented in Council Regulation 131/2004 as amended, including by amendments introduced following adoption of Council Regulation 1215/2011 on 24 November 2011. Council Decision 2011/423/CFSP repealed Common Position 2005/411/CFSP and extended some restrictive measures to South Sudan which became a separate and independent State on 9 July 2011. Article 1 provides that the Order extends to the territories listed in Schedule 1, and revokes the Sudan (Restrictive Measures) (Overseas Territories) Order 2004. Article 2 contains the interpretations used in the Order. Article 3 makes it a criminal offence for any person to supply restricted goods without a licence. Article 4 prohibits the exportation of restricted goods and makes it a criminal offence to contravene this prohibition. Article 5 prohibits the provision of technical assistance, brokering services, and financing or financial assistance relating to such matters as military activities, and makes it an offence to contravene this provision. Article 6 prohibits the use of ships, aircraft and vehicles to carry restricted goods to Sudan or South Sudan and makes it a criminal offence to contravene this provision. Article 7 provides a licensing procedure to disapply prohibitions in relation to the arms embargo in respect of certain equipment intended solely for humanitarian or protective use, or for institution building programmes, and for related assistance. Article 8 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 9 creates offences in connection with applications for licences and the failure to comply with the requirements. Article 10 requires that when requested to do so those leaving the Territory provide a declaration as to 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, for prohibiting a voyage from proceeding and for seizing 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, for prohibiting a flight from proceeding and for seizing 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, for prohibiting a journey from proceeding and for seizing 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 provides for the Governor to obtain evidence or information to secure compliance with, or detect evasion of, the matters regulated by the Order. Article 16 provides for penalties for offences created under the Order. Article 17 provides for proceedings for offences created under the Order. Article 18 prescribes the manner in which notices may be given under the Order. Article 19 provides for the delegation of powers by the Governor. Article 20 limits the scope of the prohibitions in the Order. Schedule 1 lists the territories to which the Order applies. Schedule 2 modifies articles 16 and 17 regarding penalties and court procedures for the Sovereign Base Areas. Schedule 3 modifies article 16 regarding penalties for the Falkland Islands and South Georgia and the South Sandwich Islands. Schedule 4 modifies article 16 regarding penalties for the St Helena, Ascension and Tristan da Cunha. Schedule 5 makes provision regarding the collection of information and evidence by the Governor pursuant to article 15.

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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