The Somalia (Sanctions) (Overseas Territories) Order 2020

UK Statutory Instrument 2020 No. 1285 — creates 5 criminal offences.

5offences created

0recorded in force

0revoked

Made: 11 November 2020
In force from: Not determined
Extent: Not stated
Subject: International sanctions, export control and trade restrictions
Made under: Her by section 1 of the United Nations Act 1946, Sanctions and Anti-Money Laundering Act 2018

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 extends with modifications the Somalia (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/642) (“the Somalia Regulations”) as amended from time to time to all British overseas territories except Bermuda and Gibraltar (which implement sanctions under their own legislative arrangements). It also implements in those territories the travel ban in respect of UN designated persons required by paragraph 1 of resolution 1844 (2008) adopted by the Security Council on 20 November 2008 (which in the United Kingdom is implemented by way of the Immigration Act 1971 (c.77) rather than the Somalia Regulations). Section 63(3)(c) of the Sanctions and Anti-Money Laundering Act 2018 (c.13) (“the Sanctions Act”) provides that Her Majesty may by Order in Council provide for any provision of Part 1 of that Act, or any regulations under Part 1 of that Act, to extend with or without modifications to any of the British overseas territories. Section 63(4) provides that this includes the power to extend any regulations as amended from time to time. Section 1 of the United Nations Act 1946 (c.45) provides that Her Majesty may by Order in Council make such provision as appears to Her necessary or expedient for enabling the effective application of certain measures where, under Article 41 of the Charter of the United Nations, the Security Council has called upon Her Majesty’s Government in the United Kingdom to apply such measures to given effect to any decision of that Council. In accordance with subsection (2) of that section, such Orders in Council may extend to the British overseas territories. The Somalia Regulations were made under Part 1 of the Sanctions Act to establish a sanctions regime in relation to Somalia for the purpose of promoting the peace, stability and security of Somalia and related purposes. Following the United Kingdom’s withdrawal from the European Union, the Somalia Regulations also implement the UN sanctions regime in respect of Somalia and replace the EU sanctions regime which is currently implemented via an EU Council Decision and Regulation. The Somalia Regulations, as modified and extended to the British overseas territories listed in Schedule 1 by this Order (“the modified Regulations”), provide that a person named by the UN or designated by the Secretary of State for being, or having been, involved in certain activities, is a designated person for the purposes of the modified Regulations. Designated persons may be excluded from the territory and may be made subject to financial sanctions, including having their funds or economic resources frozen. The modified Regulations also impose trade restrictions in relation to Somalia in respect of military goods and military technology, charcoal, and improvised explosive devices (IED) components. The modified Regulations also impose trade restrictions in relation to designated persons in respect of military goods and technology and restrictions on certain activities which enable or facilitate the conduct of armed hostilities in Somalia. The modified Regulations provide for certain exceptions to this sanctions regime (for example to allow for frozen accounts to be credited with interest or other earnings and to allow acts done for the purpose of national security or the prevention of serious crime). The Governor of a British overseas territory to which the modified Regulations extend may, with the consent of the Secretary of State, issue a licence in respect of activities that would otherwise be prohibited under the modified Regulations. Schedule 3 sets out the purposes under which the Governor may issue a financial sanctions licence. The modified Regulations also require the Governor of the territory to publish an up-to-date list of designated persons. The modified Regulations prescribe powers for the provision and sharing of information to enable the effective implementation and enforcement of the sanctions regime. The modified Regulations also prescribe enforcement powers in relation to suspected ships, aircraft or vehicles, or for the issue of a search warrant. The modified Regulations make it a criminal offence to contravene, or circumvent, any of the prohibitions in the modified Regulations and prescribe the penalties that apply to such offences. This Order also extends to the territories for the purposes of the modified Regulations specific provisions of Part 1 of the Sanctions Act, namely provisions relating to protection for acts done for purposes of compliance, Crown application and saving for prerogative powers. This Order also provides that, subject to certain exceptions, UN designated persons must not enter, transit or remain in the territories. The modifications set out in Schedule 2 to this Order include modifications to provisions in the Somalia Regulations which are prospectively amended by the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 3) Regulations 2020 (S.I. 2020/950) (“the amending regulations”). Therefore, article 1(1) provides that this Order comes into force immediately after the amending regulations have come into force in the United Kingdom. The amending regulations will be brought into force on a day yet to be appointed by the Secretary of State in regulations under section 56 of the Sanctions Act. An Impact Assessment has not been prepared for this instrument because the territorial extent of the instrument and the modified Regulations is the British overseas territories listed in Schedule 1: no, or no significant, impact is foreseen on the private, voluntary or public sectors in the United Kingdom.

Offences created by this instrument

In regulation 21 (export of goods), at the end insert— 3 A person who contravenes a prohibition in paragraph (1)… paragraph 14 of SCHEDULE 2 · Status not determined · Strict liability
In regulation 28 (export of military goods), at the end insert— 3 A person who contravenes a prohibition in paragraph… paragraph 17 of SCHEDULE 2 · Status not determined · Strict liability
In regulation 37 (import of charcoal), at the end insert— 4 A person who contravenes a prohibition in paragraph (1) or… paragraph 22 of SCHEDULE 2 · Status not determined · Strict liability
Trade: information offences 58A 1 A person commits an offence if that person— a without reasonable excuse, refuses or… paragraph 39 of SCHEDULE 2 · Status not determined · Requires proof of a state of mind
A person commits an offence if that person— a without reasonable excuse, refuses or fails within the time and in the… paragraph 58A(1) of SCHEDULE 2 · Status not determined · Requires proof of a state of mind

What Parliament said about it

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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

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