The Export Control (North Korea Sanctions and Iran, Ivory Coast and Syria Amendment) Order 2017
UK Statutory Instrument 2017 No. 83 — creates 15 criminal offences.
- Made
- 27 January 2017
- In force from
- 22 February 2017
- Extent
- Not stated
- Subject
- International sanctions, export control and trade restrictions
- Made under
- European Communities Act 1972, Export Control Act 2002, Schedule 2 to, the European Communities Act 1972
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 provides for the enforcement of trade restrictions against North Korea specified in Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic People’s Republic of Korea (OJ No L 88, 29.3.2007, p.1) (the “North Korea Regulation”) as last amended by Council Implementing Regulation (EU) 2017/80 (OJ No L 12, 17.1.2017, p.86). This Order revokes the Export Control (North Korea and Ivory Coast Sanctions and Syria Amendment) Order 2013 (S.I. 2013/3182). Articles 5 to 12 create offences for contravention of the trade restrictions in the North Korea Regulation. Article 13 creates offences for the circumvention of the trade restrictions in the North Korea Regulation. Article 14 supplements the provisions of the North Korea Regulation that allow a competent authority to authorise activities that are otherwise prohibited. Article 14(1) makes it an offence knowingly and recklessly to provide false information for the purpose of obtaining an authorisation and article 8(3) makes it an offence to fail to comply with authorisation requirements or conditions. Article 15 sets out the penalties relating to the offences in the Order. Article 16 applies the ancillary provisions relevant to the enforcement of customs and excise legislation to the enforcement of this Order. Article 17 omits Ivory Coast from the list in Part 2 of Schedule 4 to the Export Control Order 2008 (S.I. 2008/3231) and inserts it into the list in Part 4 of Schedule 4 to that Order, reflecting the fact that the Ivory Coast is no longer an embargoed destination. Article 18 makes a minor amendment to the Export Control (Iran Sanctions) Order 2016 (S.I. 2016/503). Article 19 makes a minor amendment to the Export Control (Syria Sanctions) Order 2013 (S.I. 2013/2012). This amendment, along with the amendment to the Export Control Order 2008 in article 17(b)(ii), re-enacts and therefore continues the amendments that were contained in the Export Control (North Korea and Ivory Coast Sanctions and Syria Amendment) Order 2013, which is revoked by this Order. 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 the Order on www.legislation.gov.uk. Further information is available from the Export Control Organisation, Department for International Trade, 1 Victoria Street, London SW1H 0ET and on the gov.uk website (www.gov.uk).
Offences created by this instrument
- A person who is knowingly concerned in an activity, other than the export of goods, prohibited by Article 4b of the… article 10 · Revoked · Requires proof of a state of mind
- A person who is knowingly concerned in an activity prohibited by any of the following Articles of the North Korea… article 11 · Revoked · Requires proof of a state of mind
- A person who is knowingly concerned in an activity prohibited by Article 9b of the North Korea Regulation (prohibition… article 12 · Revoked · Requires proof of a state of mind
- Circumvention of prohibitions in the North Korea Regulation article 13(1) · Revoked · Requires proof of a state of mind
- Circumvention of prohibitions in the North Korea Regulation article 13(2) · Revoked · Requires proof of a state of mind
- A person commits an offence and may be arrested where, for the purpose of obtaining an EU authorisation, that person—… article 14(1) · Revoked · Requires proof of a state of mind
- A person who, having acted under the authority of an EU authorisation, fails to comply with a requirement or condition… article 14(3) · Revoked · Strict liability
- The Export Control (Syria Sanctions) Order 2013 is amended as follows— a in article 4, for “a person shall not… article 19 · Revoked · Strict liability
- a in article 4, for “a person shall not (directly or indirectly) export, supply or transfer” substitute “a person… article 19(a) · Revoked · Strict liability
- b in article 5(1), for “a person shall not (directly or indirectly) provide” substitute “a person commits an offence… article 19(b) · Revoked · Strict liability
- Unless authorised by an EU authorisation, a person who is knowingly concerned in an activity, other than the export or… article 5 · Revoked · Requires proof of a state of mind
- Unless authorised by an EU authorisation, a person who is knowingly concerned in an activity, other than the export or… article 6 · Revoked · Requires proof of a state of mind
- Unless authorised by an EU authorisation, a person who is knowingly concerned in an activity prohibited by any of the… article 7 · Revoked · Requires proof of a state of mind
- Unless authorised by an EU authorisation, a person who is knowingly concerned in an activity, other than the export or… article 8 · Revoked · Requires proof of a state of mind
- A person who is knowingly concerned in an activity, other than the export or import of goods, prohibited by any of the… article 9 · Revoked · Requires proof of a state of mind
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 has no record of this instrument, although it covers the period. Nothing is inferred from that.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2017