UK Offence Report

The Export Control (Somalia) (Amendment) Order 2020 (revoked)

UK Statutory Instrument 2020 No. 572 — creates 8 criminal offences.

8offences created
0recorded in force
0revoked
Made
4 June 2020
In force from
1 July 2020
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, which comes into force on 1st July 2020, amends the Export Control (Somalia) Order 2011 (S.I. 2011/146) (“the 2011 Order”). The Order implements the obligation of the United Kingdom under Article 7(1) of Council Regulation (EC) No 147/2003 of 27 January 2003 concerning certain restrictive measures in respect of Somalia (OJ No. L 24, 19.1.2003) (“the 2003 Regulation”) in relation to Article 3c of that Regulation. Article 7(1) of the 2003 Regulation requires the United Kingdom to determine effective, proportionate, and dissuasive sanctions to be imposed for infringements of the 2003 Regulation. Article 3c of the 2003 Regulation prohibits the unauthorised sale, export, supply, or transfer, directly or indirectly, to Somalia of improvised explosive devices components listed in Annex III of the 2003 Regulation. Article 3c of, and Annex III to, the 2003 Regulation were inserted into the 2003 Regulation on 8th February 2020 by Article 1(4) and (5) of Council Regulation (EU) 2020/169 of 6 February 2020 amending Regulation (EC) No 147/2003 concerning restrictive measures in respect of Somalia (OJ No. L 36, 7.2.2020, p. 1). The Order also makes amendments to the 2011 Order in relation to Council Regulation (EU) No 356/2010 of 26 April 2010 imposing certain specific restrictive measures directed against certain natural or legal persons, entities or bodies, in view of the situation in Somalia (OJ No. L 105, 27.4.2010, p.1) (“the 2010 Regulation”). Article 3 amends article 1(2) of the 2011 Order (which relates to interpretation) to: insert a definition of “the 2003 Regulation”, which references the 2003 Regulation as amended from time to time; replace the definition of “the Regulation” with a definition of “the 2010 Regulation”, which references the 2010 Regulation as amended from time to time. Amendments to the 2003 Regulation and the 2010 Regulation are indexed by the National Archives. The indexes may be found online at: http://www.legislation.gov.uk/changes/affected/eur/2003/147 (the 2003 Regulation); http://www.legislation.gov.uk/changes/affected/eur/2010/356 (the 2010 Regulation). Article 4 amends article 2 of the 2011 Order (which relates to the 2010 Regulation) to revise the heading of, and to update the cross-references in, the article. Article 5, in part, inserts articles 2A and 2B into the 2011 Order and creates the following offences: An offence for a person, without prior authorisation, to sell, export, supply or transfer, directly or indirectly, to Somalia improvised explosive devices components listed in Annex III of the 2003 Regulation; An offence for a person, for the purpose of obtaining authorisation, to knowingly or recklessly make a statement or furnish a document or information which is false in a material particular; An offence for a person to purport to act under authorisation but fail to comply with any requirement or condition of that authorisation. An offence under article 2A or 2B may be committed by a United Kingdom person (as defined in section 11 of the Export Control Act 2002 (c. 28)) in relation to acts done by that person outside the United Kingdom. Authorisation for the purposes of articles 2A and 2B is authorisation granted under Article 3c(1) of the 2003 Regulation to sell, export, supply or transfer, directly or indirectly, to Somalia an improvised explosive devices component listed in Annex III to the 2003 Regulation. Authorisation may be obtained in the United Kingdom by application to the Export Control Joint Unit (a part of the Department for International Trade) using the SPIRE online licensing system. Further information may be found online at: https://www.gov.uk/government/organisations/export-control-organisation (the Export Control Joint Unit); https://www.spire.trade.gov.uk/ (the SPIRE online licensing system). Article 5 also inserts article 2C into the 2011 Order and modifies the application to the prohibition imposed by Article 3c(1) of the 2003 Regulation of relevant offence provisions in the Customs and Excise Management Act 1979 (c. 2). The modifications align the penalty for offences relating to attempted exportation and attempt at evasion with the penalty in the 2011 Order for contravening Article 3c(1) of the 2003 Regulation and resolve corresponding offences relating to exportation and fraudulent evasion in favour of the 2011 Order. Article 6 amends article 4 of the 2011 Order to set out the penalties for a person found guilty of an offence under article 2A or 2B. The penalties are within the limitation set out in section 7(1)(g) of the Export Control Act 2002 (c. 28). Article 7 amends article 5 of the 2011 Order to revise the application to the Order of the information powers under section 77A of the Customs and Excise Management Act 1979 (c. 2; section 77A was inserted by section 10 of the Finance Act 1987 (c. 16) and amended by S.I. 1992/3095). A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary, or public sector is foreseen. A copy of the Explanatory Memorandum is published alongside this instrument on http://www.legislation.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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