UK Offence Report

The Export Control (Burma Sanctions) (No. 2) Order 2018 (revoked)

UK Statutory Instrument 2018 No. 894 — creates 7 criminal offences.

7offences created
0recorded in force
0revoked
Made
20 July 2018
In force from
14 August 2018
Extent
Not stated
Subject
International sanctions, export control and trade restrictions
Made under
(EC) No 194/2008, European Communities Act 1972, Export Control Act 2002, SI 2018/871

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 makes provision in connection with the trade restrictions against Burma specified in Council Regulation (EU) 401/2013 of 2 May 2013 (OJ No. L121, 3.5.2013, p.1) as amended by Council Regulation (EU) 2018/647 of 26 April 2018 (OJ No. L108, 27.4.2018, p.1) (“the Burma Regulation”). This Order revokes and replaces the Export Control (Burma Sanctions) Order 2018 (S.I. 2018/871). Article 4 provides for the granting of licences for the purposes of the provisions of the Burma Regulation which allow a competent authority to authorise trade related activities which would otherwise be prohibited. The competent authority for these purposes is the Secretary of State. A licence granted by the Secretary of State may be varied, suspended or revoked. Article 4(7) makes it an offence to knowingly or recklessly provide false information for the purpose of obtaining a licence. Article 4(9) makes it an offence to fail to comply with any condition attached to a licence. Article 5 creates offences for contravention of relevant prohibitions in the Burma Regulation. “Relevant prohibitions” are trade prohibitions but do not include prohibitions on the export of goods. Offences for contravention or circumvention of prohibitions on the export of goods are to be found in the Customs and Excise Management Act 1979 (c.2) (“the 1979 Act”). Article 6 creates an offence of circumventing any relevant prohibition in the Burma Regulation. Article 7 makes provision for a defence for a person charged with certain offences under the Order. Article 8 sets out the penalties relating to the offences under this Order. Article 9 makes modifications to the penalties that will apply where a person is guilty of an offence under the 1979 Act in connection with the exportation of goods which is prohibited by the Burma Regulation. Article 10 applies (with modifications) sections 77A, 138, 145, 146, 146A, 147, 148, 150, 151, 152, 154 and 155 of the 1979 Act for the purposes of the Order. These sections, as applied, make provision in connection with the investigation of and proceedings for offences under 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, 3 Whitehall Place, London, SW1A 2AW and on the gov.uk website (www.gov.uk).

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

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

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

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