UK Offence Report

The Export Control (Sudan, South Sudan and Central African Republic Sanctions) Regulations 2014 (revoked)

UK Statutory Instrument 2014 No. 3258 — creates 6 criminal offences.

6offences created
0recorded in force
0revoked
Made
9 December 2014
In force from
31 December 2014
Extent
Not stated
Subject
Corporate, financial services, company law, employment, charity, electoral and tax
Made under
European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations make provision for the enforcement of certain trade restrictions against Sudan specified in Council Regulation (EU) No 747/2014 (OJ L 203, 11.7.2014, p1) (the “Sudan Regulation”) which repeals Regulations (EC) No 131/2004 (OJ L 21, 28.1.2004, p1) and (EC) No 1184/2005 (OJ L 193, 23.7.2005, p9). It also provides for the enforcement of trade restrictions against South Sudan specified in Council Regulation (EU) No 748/2014 (OJ L 203, 11.7.2014, p13) (the “South Sudan Regulation”) and against the Central African Republic, as specified in Council Regulation (EU) No 224/2014 (OJ L 70, 11.3.2014, p1) (the “Central African Republic Regulation”). The Regulations set out offences in relation to these restrictions and those offences can be committed by any person in the United Kingdom and, around the world, by any United Kingdom person, as defined in section 11 of the Export Control Act 2002(c. 28). The measures against both Sudan and South Sudan include prohibitions on the provision of technical or financial assistance or brokering services related to military activities and to the provision, manufacture and use of arms and related materiel, directly or indirectly to any natural or legal person, entity or body in Sudan or South Sudan. The measures against the Central African Republic include prohibitions on the provision of technical assistance or brokering or financing or financial assistance related to the goods and technology listed in the Common Military List of the European Union or related to the provision of armed mercenary personnel in the Central African Republic or for use in the Central African Republic. Regulation 2 revokes the Export Control (Sudan and South Sudan Sanctions) and (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/2925), which are replaced by these Regulations, except regulation 8 which amends the Export Control Order 2008 (S.I. 2008/3231) to make South Sudan an ‘embargoed destination’. Regulations 4 to 6 create offences for contravention of the trade restrictions in Article 2 of the Sudan Regulation, Article 2 of the South Sudan Regulation and Article 2 of the Central African Republic Regulation and regulation 7 creates offences for circumvention of the restrictions in those Articles. Regulation 8 supplements the provisions of the Sudan Regulation and the South Sudan Regulation that allow a competent authority to authorise activities that are otherwise prohibited. Regulation 8(1) makes it an offence knowingly and recklessly to provide false information for the purpose of obtaining an authorisation and regulation 8(3) makes it an offence to fail to comply with authorisation requirements or conditions. Regulation 9 sets out the penalties relating to the offences in the Regulations and regulation 10 provides for the ancillary provisions which apply to the enforcement of customs and excise legislation to also apply to the enforcement of these Regulations. Regulation 11 requires the Secretary of State to review the operation and effect of these Regulations and publish a report within five years after they come into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or amended. A further instrument would be needed to revoke the Regulations or to amend them. 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 Regulations on www.legislation.gov.uk. Further information is available from the Export Control Organisation, BIS, 1 Victoria Street, London SW1H 0ET and on the gov.uk website (www.gov.uk).

Offences created by this instrument

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