The Export Control (Various Amendments) Order 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision for the enforcement of amended trade restrictions against Russia specified in Council Regulation (EU) No 1290/2014 (OJ No L 349, 5.12.2014, p20) which amends Council Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ No L 229, 31.7.2014, p1) (the “Russia Sanctions Regulation”). The Order also provides for the enforcement of new trade and investment restrictions in Crimea and Sevastopol specified in Council Regulation (EU) No 1351/2014 (OJ No L 365, 19.12.2014, p46) which amends Council Regulation (EU) No 692/2014 concerning restrictive measures in response to the illegal annexation of Crimea and Sevastopol (OJ No L 183, 24.6.2014, p9) (the “Crimea and Sevastopol Regulation”).

The Order also makes provision for the enforcement of new trade restrictions against Syria related to jet fuel and fuel additives specified in Council Regulation (EU) No 1323/2014 (OJ No L 358, 13.12.2014, p1) which amends Council Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ No L 16, 19.1.2012, p1) (the “Syria Sanctions Regulation”).

The Order amends the Export Control (Russia, Crimea and Sevastopol Sanctions) Order 2014 (S.I. 2014/2357) (the “Russia, Crimea and Sevastopol Sanctions Order”) which makes provision for the enforcement of all current trade restrictions against Russia and those in view of the illegal annexation of Crimea and Sevastopol. The Order also amends the Export Control (Syria Sanctions) Order 2013 (S.I. 2013/2012) (the “Syria Sanctions Order”), which makes provision for the enforcement of all current trade restrictions against Syria.

The measures against Russia that have been amended relate to: (i) the sale etc. of items listed in Annex II of the Russia Sanctions Regulation and related technical assistance, brokering services and financial assistance; and (ii) the provision of certain associated services for certain types of oil exploration and production.

Article 2 of the Order amends the Russia, Crimea and Sevastopol Sanctions Order to create offences and provide the penalties for contravention of the amended prohibitions set out in new Articles 3(1), 3a(1) and 4(3)(a) and (b) of the Russia Sanctions Regulation.

The new trade and investment measures in view of the illegal annexation of Crimea and Sevastopol include: (i) a ban on all foreign investments and related investment services in Crimea or Sevastopol; (ii) a broadening of the former export prohibition on goods and technology suited for use in the sectors of transport, telecommunications, energy and the prospection, exploration and production of oil, gas and mineral resources, and associated technical assistance, brokering services and financial assistance; (iii) a ban on the provision of technical assistance, or brokering, construction or engineering services relating to infrastructure in Crimea or Sevastopol in those sectors; and (iv) a ban on the provision of services directly related to tourism activities in Crimea or Sevastopol, including a ban on ships providing cruise services and flying a Member State flag or owned or operated by a Union shipowner calling at certain ports in the Crimean Peninsula.

Article 2 of the Order amends the Russia, Crimea and Sevastopol Sanctions Order to create offences and provide the penalties for contravention of the new prohibitions set out in new Articles 2a, 2b, 2c and 2d of the Crimea and Sevastopol Regulation.

The new restrictive measures against Syria prohibit the sale etc. of jet fuels and fuel additives to any person, entity or body in Syria and for use in Syria and the provision of related financial assistance and brokering services.

Article 3 of the Order amends the Syria Sanctions Order to create offences and provide the penalties for contravention of the new prohibitions set out in Article 7a of the Syria Sanctions Regulation.

Article 4 of the Order makes a minor amendment to the Export control (Sudan, South Sudan and Central African Republic Sanctions) Regulations 2014 by inserting the word “South” in regulation 5 of those Regulations.

An impact assessment has not been produced for this instrument 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. Further information is available from the Export Control Organisation, BIS, 1 Victoria Street, London SW1H 0ET and on the gov.uk website (www.gov.uk).