UK Offence Report

The Export Control (Sanctions) (Amendment) Order 2019

UK Statutory Instrument 2019 No. 1236 — creates 15 criminal offences.

15offences created
0recorded in force
0revoked
Made
5 September 2019
In force from
Not determined
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 various existing subordinate legislation making provision in connection with trade restrictions. Article 2 of this Order amends the Export Control Order 2008 (S.I. 2008/3231) to add Eritrea to the list of countries in Part 4 of Schedule 4 to that Order. The countries listed in that Part of that Schedule are subject transit control for category B goods. “Category B goods” are goods specified in Part 2 of Schedule 1 to the 2008 Order. These goods include small firearms and light weapons. Article 3 of this Order amends article 2 of the Export Control (Russia, Crimea and Sevastopol Sanctions) Order 2014 (S.I. 2014/3257) (“the 2014 Order”). The definitions of “the Russia Sanctions Regulation” and “the Crimea and Sevastopol Regulation” for the purposes of the 2014 Order are updated and made ambulatory. Amendments are also made to clarify the effect of other interpretation provisions in the 2014 Order. Article 3 also amends the description of the activities which require prior authorisation under Article 4(2b) of the Russia Sanctions Regulation in article 5 of the 2014 Order to reflect amendments to that Article to allow certain activities necessary for certain flights within the ExoMars 2020 Mission Framework (Council Regulation (EU) 2017/2212 of 30 November 2017 - OJ No L 316, 1.12.17, p. 15). Article 4 of this Order amends the Export Control (Sudan, South Sudan and Central African Republic Sanctions) Regulations 2014 (S.I. 2014/3258) (“the 2014 Regulations”). The definitions of “the Central African Republic Regulation”, “the South Sudan Regulation” and “the Sudan Regulation” are updated and made ambulatory. Amendments are also made to clarify the effect of other interpretation provisions in the 2014 Regulations. In addition, regulation 5 of the 2014 Regulations is amended to create an offence for the contravention of Article 2(3) of Council Regulation (EU) 2015/735 of 7 May 2015 concerning restrictive measures in respect of the situation in South Sudan (OJ No. L 117, 08.05.2015, p.13), as lasted amended by Council Implementing Regulation (EU) 2018/934 of 10 December 2018 (OJ No. L 314, 11.12.2018, p.11). There are related consequential amendments to the South Sudan (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/438) (see article 8 of this Order). Article 5 of this Order amends the Export Control (Venezuela Sanctions) Order 2018 (S.I. 2018/108) (“the Venezuela Order”) to create a new offence of failure to comply with a requirement or condition included in an authorisation granted under the Venezuela Sanctions Regulation (as defined in article 2 of the Venezuela Order) (new article 7(3) of the Venezuela Order). It also amends article 8 of the Venezuela Order to create a penalty for that offence. A further amendment is made to article 8(1)(a) of the Order to make clear that, in England and Wales, the maximum term of imprisonment that may be imposed for any offence mentioned in article 8(2) of the Venezuela Order is three months. Article 6 of and the Schedule to this Order amend the Export Control (North Korea Sanctions) Order 2018 (S.I. 2018/200) (“the North Korea Order”). The amendments create offences for, or in connection with, contravention of trade restrictions which have been added to the North Korea Regulation (as defined in article 3 of the North Korea Order) since the North Korea Order was made (see paragraphs 3 to 5 and 6(b) of the Schedule) and penalties for those offences (see paragraph 7 of the Schedule). Further amendments are also made to the North Korea Order in consequence of new import and export restrictions included in the North Korea Regulation (see paragraph 8 of the Schedule). This Order also makes various consequential amendments to the North Korea Order (see paragraphs 2, 6(a) and (c), 7 and 9 of the Schedule). Article 7 of this Order corrects an incorrect cross-reference in the Export Control (Burma Sanctions) (No. 2) Order 2018 (S.I. 2018/894). An impact assessment has not been produced for this instrument as it has no or minimal impact on business, charities or voluntary bodies.

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.
Committee
Drawn to the special attention of the Houses by a scrutiny committee

Procedural history

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

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