EXPLANATORY NOTE
(This note is not part of the Order)
This Order makes provision for the enforcement of trade sanctions relating to Syrian cultural property specified in Council Regulation (EU) No 1332/2013 (OJ No L 335, 14.12.2013, p3), which amends Council Regulation (EU) No 36/2012 (OJ No L 16, 19.1.2012, p1) concerning restrictive measures in view of the situation in Syria (the “amended Syria Regulation”). This Order does so by amending the Export Control (Syria Sanctions) Order 2013 (S.I. 2013/2012), which makes provision for the enforcement of all current trade restrictions against Syria (the “principal Order”).
Article 2(3) of the Order inserts article 12A into the principal Order. This creates an offence for breaching the prohibitions in the amended Syria Regulation against the transfer, or the provision of brokering services related to the import, export or transfer, of the relevant cultural property. Offences for the import or export of the property already exist under sections 50, 68 and 170 of the Customs and Excise Management Act 1979 (1979 c 2).
Article 2(4) of the Order amends article 17 of the principal Order. The amendment to article 17(3) applies the penalties in that article to the new offences. The amendments to articles 17(4) and (5) increase the maximum sentence for the offences of importing and exporting the property under the Customs and Excise Management Act 1979 to 10 years.
Under article 1(2) of the principal Order, the new offences apply to any person in the United Kingdom and to United Kingdom persons, as defined in section 11 of the Export Control Act 2002 (c 28), wherever they are in the world.
A regulatory impact assessment has not been produced for this Order as it has no or minimal impact on business, charities or voluntary bodies. A copy of the Explanatory Memorandum is published alongside the Order on www.legislation.gov.uk .