2014 No. 3258
The Export Control (Sudan, South Sudan and Central African Republic Sanctions) Regulations 2014
Made
Laid before Parliament
Coming into force
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 M1 in relation to measures relating to the interruption or reduction, in part or completely, of economic relations with one or more countries which are not Member States M2.
The Secretary of State, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972, makes the following Regulations.
S.I. 1994/757, to which there are amendments not relevant to these Regulations.
PART 1Introductory
Citation, commencement and application1
1
These Regulations may be cited as the Export Control (Sudan, South Sudan and Central African Republic Sanctions) Regulations 2014 and come into force on 31st December 2014.
2
An offence may be committed under these Regulations—
a
in the United Kingdom by any person;
b
elsewhere by any person who is a United Kingdom person within the meaning of section 11 of the Export Control Act 2002.
Revocations and savings2
The Export Control (Sudan and South Sudan Sanctions) and (Miscellaneous Amendments) Regulations 2011 M3 are revoked except for regulations 8 and 10.
Interpretation3
1
In these Regulations—
“the 1979 Act” means the Customs and Excise Management Act 1979 M4;
“EU authorisation” means an authorisation granted under Article 3 of the Sudan Regulation or Article 3 of the South Sudan Regulation;
“the Central African Republic Regulation” means Council Regulation (EU) No 224 /2014 M5 concerning restrictive measures in view of the situation in the Central African Republic;
“the South Sudan Regulation” means Council Regulation (EU) No 748/2014 M6 concerning restrictive measures in respect of the situation in South Sudan;
“the Sudan Regulation” means Council Regulation (EU) No 747/2014 M7 concerning restrictive measures in view of the situation in Sudan and repealing Regulations (EC) No 131/2004M8and (EC) No 1184/2005M9.
2
An expression used both in these Regulations and the Sudan Regulation, the South Sudan Regulation or the Central African Republic Regulation has the meaning that it bears in those Regulations.
PART 2Offences in relation to prohibitions in the Sudan and the South Sudan Regulations
Offences supplementing the Sudan Regulation4
Unless authorised by an EU authorisation, a person who is knowingly concerned in an activity prohibited by any of the following sub-paragraphs of Article 2 of the Sudan Regulation with intent to evade a prohibition in those sub-paragraphs commits an offence and may be arrested—
a
Article 2(a) (prohibition on provision of technical assistance or brokering services related to military activities, directly or indirectly to any natural or legal person, entity or body in, or for use in Sudan);
b
Article 2(b) (prohibition on provision of financing or financial assistance related to military activities, directly or indirectly to any natural or legal person, entity or body in, or for use in Sudan).
Offences supplementing the South Sudan Regulation5
Unless authorised by an EU authorisation, a person who is knowingly concerned in an activity prohibited by any of the following sub-paragraphs of Article 2 of the Sudan Regulation with intent to evade a prohibition in those sub-paragraphs commits an offence and may be arrested—
a
Article 2(a) (prohibition on provision of technical assistance related to military activities to any person, entity or body in, or for use in South Sudan);
b
Article 2(b) (prohibition on provision of financing or financial assistance related to military activities to any person, entity or body in, or for use in South Sudan).
PART 3Offences in relation to prohibitions in the Central African Republic Regulation
Offences supplementing the Central African Republic Regulation6
A person who is knowingly concerned in an activity prohibited by any of the following sub-paragraphs of Article 2 of the Central African Republic Regulation with intent to evade a prohibition in those sub-paragraphs commits an offence and may be arrested—
a
Article 2(a) (prohibition on provision of technical assistance and brokering services related to the goods or technology listed in the Common Military List of the European Union or related to the provision, manufacture, maintenance and use of goods included in that list, to any person, entity or body in the Central African Republic or for use in the Central African Republic);
b
Article 2(b) (prohibition on provision of financing or financial assistance related to the sale, supply, transfer or export of goods and technology listed in the Common Military List, to any person, entity or body in the Central African Republic or for use in the Central African Republic);
c
Article 2(c) (prohibition on provision of technical assistance, financing or financial assistance, brokering services or transport services related to the provision of armed mercenary personnel in the Central African Republic or for use in the Central African Republic).
PART 4Supplementary Provisions as to Offences
Circumvention of prohibitions7
A person commits an offence (and may be arrested) who participates, knowingly and intentionally, in activities the object or effect of which is (whether directly or indirectly)—
a
to circumvent any of the prohibitions in Articles 2 of the Sudan Regulation, Article 2 of the South Sudan Regulation or Article 2 of the Central African Republic Regulation, or
b
to enable or facilitate the contravention of any such prohibition.
Offences related to EU authorisations8
1
A person commits an offence (and may be arrested) who, for the purpose of obtaining an EU authorisation—
a
makes any statement or furnishes any document or information which to that person's knowledge is false in a material particular; or
b
recklessly makes any statement or furnishes any document or information which is false in a material particular.
2
An EU authorisation granted in connection with the application for which the false statement was made or the false document or information furnished is void from the time it was granted.
3
A person who, having acted under the authority of an EU authorisation, fails to comply with a requirement or condition to which the EU authorisation is subject commits an offence and may be arrested, unless—
a
the EU authorisation was modified after the completion of the act authorised; and
b
the failure to comply would not have been a failure had the EU authorisation not been so modified.
PART 5Enforcement and Penalties
Penalties9
A person guilty of an offence under regulations 4 to 8 of these Regulations is liable—
a
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum, or to both;
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
Application of the 1979 Act10
1
Where the Commissioners for Her Majesty's Revenue and Customs investigate or propose to investigate any matter with a view to determining—
a
whether there are grounds for believing that an offence under these Regulations has been committed; or
b
whether a person should be prosecuted for such an offence,
the matter shall be treated as an assigned matter.
2
Section 138 of the 1979 Act (provision as to arrest of persons) M10 applies to the arrest of a person for an offence under these Regulations as it applies to the arrest of a person for an offence under the customs and excise Acts.
3
Sections 145 M11, 146 M12, 146A M13, 147 M14, 148, 150 M15, 151 M16, 152 M17, 154 M18, and 155 M19 of the 1979 Act (proceedings for offences, mitigation of penalties, proof and other matters) apply in relation to offences and penalties under these Regulations as they apply in relation to offences and penalties under the customs and excise Acts.
4
“The customs and excise Acts” and “assigned matter” have the same meanings as in section 1 of the 1979 Act.
PART 6General
Review11
1
The Secretary of State must from time to time—
a
carry out a review of these Regulations,
b
set out the conclusions of the review in a report, and
c
publish the report.
2
In carrying out the review the Secretary of State must, so far as is reasonable, have regard to the rules on penalties applicable to infringements of the provisions of the Sudan Regulation, the South Sudan Regulation and the Central African Republic Regulation and the measures taken to implement them in other member States.
3
The report must in particular—
a
set out the objectives intended to be achieved by the rules on penalties applicable to infringements of the provisions of the Sudan Regulation, the South Sudan Regulation and the Central African Republic Regulation established by these Regulations and the measures taken to implement them,
b
assess the extent to which those objectives are achieved, and
c
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
4
The first report under these Regulations must be published before the end of the period of five years beginning with the day on which these Regulations come into force.
5
Reports under these Regulations are afterwards to be published at intervals not exceeding five years.
1972 c.68; section 2(2) was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7).