The Sudan (Restrictive Measures) (Overseas Territories) (Amendment) Order 2004

Statutory Instruments

2004 No. 1980

OVERSEAS TERRITORIES

The Sudan (Restrictive Measures) (Overseas Territories) (Amendment) Order 2004

Made

27th July 2004

Laid before Parliament

28th July 2004

Coming into force

29th July 2004

At the Court at Buckingham Palace, the 27th day of July 2004

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, by virtue and in exercise of the powers vested in Her by section 112 of the Saint Helena Act 1833(1), the British Settlements Acts 1887 and 1945(2), and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Citation and commencement

1.—(1) This Order may be cited as the Sudan (Restrictive Measures) (Overseas Territories) (Amendment) Order 2004 and shall come into force on 29th July 2004.

(2) In this Order “the Order” means the Sudan (Restrictive Measures) (Overseas Territories) Order 2004(3).

Amendment of the Order

2.  In Article 2 the definition of “restricted goods” shall be replaced by the following definition:

““restricted goods” means the goods specified in Part I of Schedule 1 to the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003(4) made under the Export Control Act 2002(5).”

3.  Article 5 of the Order shall be amended by:

(a) replacing the words “person in Sudan” wherever that term appears, with the words “person, entity or body in, or for use in, Sudan”; and

(b) inserting after the term “military activities” the words “or to the provision, manufacture, maintenance or use of restricted goods”.

A K Galloway

Clerk of the Privy Council

Explanatory Note

(This note is not part of the Order)

This Order amends the Sudan (Restrictive Measures) (Overseas Territories) Order 2004 to give effect more precisely to the Common Position adopted by the Council of the European Union on 9th January 2004. The amendment makes it clear that it is prohibited to provide assistance, advice or training related to the provision, manufacture, maintenance and use of arms and related matériel and that the prohibition also applies where advice, assistance or training is provided to any person, entity or body in, or for use in, Sudan. The opportunity has also been taken to amend the reference in the definition of restricted goods to correctly refer to the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 being made under the Export Control Act 2002.

(1)

1833 c. 85.

(2)

1887 c. 54 and 1945 c. 7.

(3)

SI 2004/349

(4)

SI 2003/2764

(5)

2002 c. 28.