The Syria (Restrictive Measures) (Overseas Territories) Order 2011

EXPLANATORY NOTE

(This note is not part of the Order)

The Order gives effect in the specified overseas territories to measures adopted by the European Union in Council Decision 2011/273/CFSP which was adopted on 9^th May 2011 and implemented in Council Regulation 442/2011 which came into force on 10^th May 2011, as amended. The Order introduces restrictive measures in respect of Syria and imposes restrictive measures on individuals responsible for the violent repression against the civilian population in Syria and those associated with them.

This Order applies to each of the British overseas territories listed in Schedule 1. The measures in the Order include a prohibition on the supply and delivery of arms and related materiel, the freezing of the funds and economic resources and a prohibition on making funds or economic resources available to persons or entities listed in Annex II to the Council Regulation.

Article 1 provides that the Order extends to the territories listed in Schedule 1.

Article 2 contains the definitions used in the Order.

Article 3 provides for publication by the Governor of lists of listed persons and restricted goods.

Article 4 makes it a criminal offence for any person to supply restricted goods without a licence.

Article 5 prohibits the exportation of restricted goods and makes it a criminal offence to contravene this prohibition.

Article 6 prohibits the provision of assistance, advice or training relating to the sale, supply, transfer, maintenance, manufacture or use of restricted goods and makes it an offence to contravene this provision.

Article 7 prohibits the use of ships, aircraft and vehicles to carry restricted goods to Syria and makes it a criminal offence to contravene this provision.

Article 8 provides a licensing procedure to disapply prohibitions in relation to the arms embargo in respect of certain equipment intended solely for humanitarian or protective use, or for institution building programmes, and for related assistance.

Article 9 provides for customs powers to demand evidence of the destination of goods and makes it an offence to fail to comply with the provisions.

Article 10 requires that when requested to do so those leaving the Territory provide a declaration as to goods, provides for powers of search and makes it an offence if provisions are not complied with or false information is provided.

Article 11 provides powers for searching ships suspected of being used in contravention of the provisions of the Order, prohibiting a voyage from proceeding and providing for seizing or destroying restricted goods and detaining the vessel.

Article 12 provides powers for searching aircraft suspected of being used in contravention of the provisions of the Order, prohibiting a flight from proceeding and providing for seizing or destroying restricted goods and detaining the aircraft.

Article 13 provides powers for searching vehicles suspected of being used in contravention of the provisions of the Order, prohibiting a journey from proceeding and providing for seizing or destroying restricted goods and detaining the vehicle.

Article 14 regulates the furnishing of information under articles 11 to 13 and establishes offences for non compliance.

Article 15 requires the assets of a listed person to be frozen.

Article 16 prohibits making funds available to a listed person and also provides for a defence.

Article 17 provides exceptions to articles 15 and 16.

Article 18 creates offences for circumventing the prohibitions in articles 15 and 16.

Article 19 enables the Governor to direct that a person reasonably suspected to be a listed person be treated as if they were, for example when using an alias.

Article 20 makes provision for licences to authorise exemptions from article 15 and 16.

Article 21 requires institutions to disclose knowledge or suspicion of customers or other persons with whom they have dealings being listed persons, and creates offences for failure to comply with these requirements.

Article 22 creates offences in connection with applications for licences and the failure to comply with the requirements.

Article 23 provides for the Governor to obtain evidence or information to secure compliance with, or detect evasion of, the matters regulated by the Order.

Article 24 provides for penalties for offences created under the Order.

Article 25 provides for proceedings for offences created under the Order.

Article 26 prescribes the manner in which notices may be given under the Order.

Article 27 provides for the delegation of powers by the Governor and stipulates the form and nature of the licences granted under the Order.

Article 28 limits the scope of the prohibitions in the Order.

Article 29 provides for the Order to cease to have effect, be postponed or suspended in the event that the Council Regulation is postponed, suspended, or terminated in whole or in part.

Schedule 1 lists the territories to which the Order applies.

Schedule 2 modifies articles 24 and 25 regarding penalties and court procedures for the Sovereign Base Areas.

Schedule 3 modifies article 24 regarding penalties for the Falkland Islands and South Georgia and the South Sandwich Islands.

Schedule 4 modifies article 24 regarding penalties for the St Helena, Ascension and Tristan da Cunha.

Schedule 5 makes provision regarding evidence and information currently used in similar sanctions orders.