The Syria (Sanctions) (Overseas Territories) Order 2020

EXPLANATORY NOTE

(This note is not part of the Order)

This Order extends with modifications the Syria (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/792) (“the Syria Regulations”) as amended from time to time to all British overseas territories except Bermuda and Gibraltar (which implement sanctions under their own legislative arrangements).

Section 63(3)(c) of the Sanctions and Anti-Money Laundering Act 2018 (c.13) (“the Sanctions Act”) provides that Her Majesty may by Order in Council provide for any provision of Part 1 of that Act, or any regulations under Part 1 of that Act, to extend with or without modifications to any of the British overseas territories. Section 63(4) provides that this includes the power to extend any regulations as amended from time to time.

The Syria Regulations were made under Part 1 of the Sanctions Act to establish a sanctions regime in relation to Syria for the purpose of encouraging the Syrian regime to refrain from actions, policies or activities which repress the civilian population in Syria and to participate in negotiations in good faith to reach a negotiated political settlement to bring about a peaceful solution to the conflict in Syria.

The Syria Regulations, as modified and extended to the British overseas territories listed in Schedule 1 by this Order (“the modified Regulations”), provide that a person designated by the Secretary of State for being, or having been, involved in certain activities, is a designated person for the purposes of the modified Regulations. Designated persons may be excluded from the territory and may be made subject to financial sanctions, including having their funds or economic resources frozen. The modified Regulations also impose trade restrictions on specified goods and technology (as specified in Schedule 2 to the modified Regulations), including goods and technology relating to chemical and biological weapons (as specified in Schedule 3 to the modified Regulations), goods and technology which may be used for interception and monitoring services in Syria (as specified in Schedule 4 to the modified Regulations) and those which may be used to repress the civilian population of Syria (as specified in Schedule 5 to the modified Regulations). A further trade sanction imposed by the modified Regulations is to prohibit the provision of interception and monitoring services to, or for the benefit of, the Government of Syria. The modified Regulations also prohibit aircraft from accessing Territory airports, by preventing them from landing in a Territory.

The modified Regulations provide for certain exceptions to this sanctions regime (for example to allow for frozen accounts to be credited with interest or other earnings and to allow acts done for the purpose of national security or the prevention of serious crime). The Governor of a British overseas territory to which the modified Regulations extend may, with the consent of the Secretary of State, issue a financial sanctions or trade licence in respect of activities that would otherwise be prohibited under the modified Regulations. Schedule 6 sets out the purposes pursuant to which the Governor may issue a financial sanctions licence. The modified Regulations also require the Governor of the territory to publish an up-to-date list of designated persons.

The modified Regulations prescribe powers for the provision and sharing of information to enable the effective implementation and enforcement of the sanctions regime. The modified Regulations also prescribe enforcement powers in relation to suspected ships, aircraft or vehicles, or for the issue of a search warrant. The modified Regulations make it a criminal offence to contravene, or circumvent, any of the prohibitions in the modified Regulations and prescribe the penalties that apply to such offences.

This Order also extends to the territories for the purposes of the modified Regulations specific provisions of Part 1 of the Sanctions Act, namely provisions relating to protection for acts done for purposes of compliance, Crown application and saving for prerogative powers.

The modifications set out in Schedule 2 to this Order include modifications to provisions in the Syria Regulations which are prospectively amended by the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590) and the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 4) Regulations 2020 (S.I. 2020/951) (“the amending regulations”). Therefore, article 1(1) provides that this Order comes into force immediately after both the amending regulations have come into force in the United Kingdom. The amending regulations will be brought into force on a day appointed by the Secretary of State in regulations under section 56 of the Sanctions Act.

An Impact Assessment has not been prepared for this instrument: the territorial extent of the instrument and the modified Regulations is the British overseas territories listed in Schedule 1, and no, or no significant, impact is foreseen on the private, voluntary or public sectors in the United Kingdom.