The Export Control (Syria and Libya Sanctions) (Amendment) Order 2017 (revoked)

UK Statutory Instrument 2017 No. 1311 — creates 2 criminal offences.

2offences created

0recorded in force

0revoked

Made: 18 December 2017
In force from: 1 February 2018
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 amends the orders which provide for the enforcement of trade restrictions against Syria and Libya. The amendments update the orders, taking account of recent changes made to the EU Regulations imposing the restrictions. The Regulations are Council Regulation (EU) No 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria (OJ No L 16, 19.1.2012, p.1) (“the Syria Regulation”), as last amended by Council Implementing Regulation (EU) No 2017/1751 (OJ No L 246, 26.9.2017, p.1); and Council Regulation (EU) No 2016/44 of 18 January 2016 concerning restrictive measures in view of the situation in Libya and repealing Regulation (EU) No 204/2011 (OJ No L 12, 19.1.2016, p.1) (“the Libya Regulation”), as last amended by Commission Implementing Regulation (EU) No 2017/1974 of 30 October 2017 (OJ No L 281, 31.10.2017, p.27). Article 2 amends the Export Control (Syria Sanctions) Order 2013 (S.I. 2013/2012). It updates the definition of “the Syria Regulation” in that Order (such that the latest instrument amending that Regulation is referred to in that definition) and makes a number of changes to article 8 of that Order to reflect changes made to the Syria Regulation. It also provides that an offence, in connection with the purchase, transport etc. of crude oil and petroleum products, is not committed by someone who is authorised. Article 3 amends the Export Control (Libya Sanctions) Order 2016 (S.I. 2016/787) (“the Libya Order”) to address the new trade restrictions against Libya concerning goods which could be used for the smuggling of migrants and trafficking of human beings. Article 3(3) inserts new article 5A into the Libya Order. New article 5A creates offences for evading the new trade restrictions concerning these goods i.e. engaging in the various activities described in new Article 2a(1) of the Libya Regulation, read in conjunction with new Article 2a(3) of the Libya Regulation, unless authorised. Article 3(4) amends article 7 of the Libya Order to create new supplementary offences relating to these new trade restrictions – the offences of participating in an activity whose object or effect is to circumvent (or enable or facilitate the contravention of) the new prohibitions. Article 3(5) makes changes to article 9 of the Libya Order, the effect of which is to provide for the penalties applicable to the new offences, and article 3(6) adds a reference to new Article 2a of the Libya Regulation to article 10(2) of that Order. Article 3(6) has the effect that persons involved in activities contravening the new restrictions are caught by certain obligations to provide information pursuant to provisions in the Customs and Excise Management Act 1979. An 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 this instrument on www.legislation.gov.uk. Further information is available from the Export Control Joint Unit, Department for International Trade, 3 Whitehall Place, London SW1A 2AW and on the gov.uk website (www.gov.uk).

Offences created by this instrument

A person who is knowingly concerned in an activity prohibited by paragraph (1)(b) or (1)(c) with intent to evade that… article 5A(3) · Status not determined · Requires proof of a state of mind
A person who is knowingly concerned in an activity prohibited by paragraph (1)(d) with intent to evade that… article 5A(4) · Status not determined · Requires proof of a state of mind

How Parliament handled it

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Procedure: Made negative — law unless a motion to stop it succeeded
Could either House amend it?: No. A statutory instrument is put to each House as a whole thing, to be approved or not. Neither House can change a word of it.

Procedural history

Instrument created 18 December 2017
Instrument made (signed into law) 18 December 2017
Laid before the House of Commons 21 December 2017 · Commons
Laid before the House of Lords 21 December 2017 · Lords
Considered by the Secondary Legislation Scrutiny Committee (SLSC) 16 January 2018 · Lords
No comment by the Secondary Legislation Scrutiny Committee (SLSC) 16 January 2018 · Lords
Considered by the Joint Committee on Statutory Instruments (JCSI) 31 January 2018 · Commons, Lords
Not drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 31 January 2018 · Commons, Lords
Instrument comes into force as law 1 February 2018
Objection period ends 26 February 2018
Instrument remains law 26 February 2018
Procedure concluded in the House of Commons and the House of Lords 26 February 2018 · Commons, Lords

From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 2017