UK Offence Report

The Syria (United Nations Sanctions) (Cultural Property) (Overseas Territories) Order 2020

UK Statutory Instrument 2020 No. 1562 — creates 3 criminal offences.

3offences created
0recorded in force
0revoked
Made
16 December 2020
In force from
Not determined
Extent
Not stated
Subject
International sanctions, export control and trade restrictions
Made under
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 Syria (United Nations Sanctions) (Cultural Property) (EU Exit) Regulations 2020 (S.I. 2020/1233) (“the Syria UN Regulations”) as amended from time to time to all British overseas territories except Bermuda and Gibraltar (which implement sanctions under their own legislative arrangements). 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. The Syria UN Regulations were made under Part 1 of the Sanctions Act to establish a sanctions regime in relation to Syria for the purpose of compliance with the United Kingdom’s United Nations obligations in UN Security Council resolution 2199 adopted by the Security Council on 12 February 2015. The Syria UN Regulations replace the measures relating to Syrian cultural property in the European Union sanctions regime in relation to Syria implemented via an EU Council Decision and Regulation. The Syria UN Regulations, as modified and extended to the British overseas territories listed in Schedule 1 by this Order (“the modified Regulations”), impose trade restrictions on the trade in Syrian cultural property or any other item of archaeological, historical, cultural, rare scientific or religious importance which was illegally removed from Syria on or after 15 March 2011. The modified Regulations provide for certain exceptions to this sanctions regime for acts done for the purpose of national security or the prevention of serious crime, and for the return to Syria of illegally removed Syrian cultural property as provided for in UN Security Council resolution 2199. 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. 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, and no, or no significant, impact is foreseen on the private, voluntary or public sectors in the United Kingdom.

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

Parliament's Statutory Instruments service has no record of this instrument, although it covers the period. Nothing is inferred from that.

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