The Export Control (Sanctions) (Amendment) Order 2019

EXPLANATORY NOTE

(This note is not part of the Order)

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.