2020 No. 572
The Export Control (Somalia) (Amendment) Order 2020
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 19721 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 States2.
This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for certain references to EU instruments to be construed as references to those instruments as amended from time to time.
Citation and commencementI11
This Order may be cited as the Export Control (Somalia) (Amendment) Order 2020 and comes into force on 1st July 2020.
Amendment of the Export Control (Somalia) Order 2011I22
The Export Control (Somalia) Order 20115 is amended in accordance with articles 3 to 7.
Amendment of article 1 (citation, commencement, and interpretation)I33
In article 1(2),—
a
after the definition of “the 1979 Act”, insert—
“the 2003 Regulation” means Council Regulation (EC) No 147/2003 of 27 January 2003 concerning certain restrictive measures in respect of Somalia6, as amended from time to time;
b
for the definition of “the Regulation” substitute—
“the 2010 Regulation” means Council Regulation (EU) No 356/2010 of 26 April 2010 imposing certain specific restrictive measures directed against certain natural or legal persons, entities or bodies, in view of the situation in Somalia7, as amended from time to time;
Amendment of article 2 (offences related to military activities)I44
1
In the heading to article 2, for “related to military activities” substitute “relating to prohibitions under Article 8 of the 2010 Regulation”.
2
In article 2, in each place it occurs, for “the Regulation” substitute “the 2010 Regulation”.
Insertion of articles 2A to 2CI55
After article 2, insert—
Offence relating to prohibition under Article 3c of the 2003 Regulation2A
1
A person who contravenes Article 3c(1) of the 2003 Regulation (prohibition on sale, export, supply, or transfer, directly or indirectly, of improvised explosive devices components as listed in Annex III to the 2003 Regulation to Somalia) commits an offence.
2
An offence under this article may be committed by a United Kingdom person8 in relation to acts done by that person outside the United Kingdom.
Offences relating to authorisation under Article 3c of the 2003 Regulation2B
1
A person commits an offence if, for the purpose of obtaining authorisation, the person knowingly or recklessly makes a statement or furnishes a document or information which is false in a material particular.
2
A person commits an offence if the person—
a
purports to act under authorisation; and
b
fails to comply with any requirement or condition of that authorisation.
3
Authorisation granted in the circumstances referred to in paragraph (1) is void from the time it was granted.
4
An offence under this article may be committed by a United Kingdom person in relation to acts done by that person outside the United Kingdom.
5
In this article, “authorisation” means authorisation granted under Article 3c of the 2003 Regulation9.
Offences under the 1979 Act in connection with the 2003 Regulation2C
1
If a person is guilty of an offence under section 68(2) of the 1979 Act in connection with the attempted exportation of goods with intent to evade the prohibition, the reference to 7 years in section 68(3)(b) of the 1979 Act is to be read as a reference to 10 years.
2
If a person is guilty of an offence under section 170(2) of the 1979 Act in connection with an attempt at evasion of the prohibition, the reference to 7 years in section 170(3)(b) of the 1979 Act is to be read as a reference to 10 years.
3
This Order is to be treated as if it were the instrument imposing the prohibition for the purpose of section 68(6) and 170(5) of the 1979 Act.
4
In this article, “prohibition” means the prohibition imposed by Article 3c(1) of the 2003 Regulation insofar as it prohibits the exportation of goods listed in Annex III of that Regulation.
Amendment of article 4 (penalties)I66
In article 4, after paragraph (2), insert—
3
A person guilty of an offence under article 2A is liable,—
a
on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or a fine (or both);
b
on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
c
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);
d
on conviction on indictment, to imprisonment for a term not exceeding 10 years or a fine (or both).
4
A person guilty of an offence under article 2B is liable,—
a
on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or a fine (or both);
b
on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
c
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);
d
on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).
5
In relation to an offence committed before section 154(1) of the Criminal Justice Act 200310 comes into force, the reference in paragraph 3(a) or 4(a) to “12 months” is to be read as “6 months”.
Amendment of article 5 (application of the 1979 Act)I77
In article 5,—
a
for paragraph (2) substitute—
2
Section 77A of the 1979 Act (information powers) applies to a person who is concerned in a relevant activity as to a person who is concerned (in whatever capacity) in the importation or exportation of goods for which for that purpose an entry is required by regulation 5 of the Customs Controls on Importation of Goods Regulations 199111 or an entry or specification is required by or under the 1979 Act but as if, in subsection (1),—
a
in the words before sub-paragraph (a), the reference to the importation or exportation of goods for which for that purpose an entry is required by regulation 5 of the Customs Controls on Importation of Goods Regulations 1991 or an entry or specification is required by or under the 1979 Act were to a relevant activity;
b
in sub-paragraphs (a) and (b),—
i
the reference to the goods were to the goods, technology, services, or funds to which the relevant activity relates;
ii
the reference to the importation or exportation were to a relevant activity.
b
after paragraph (4), insert—
5
In paragraph (2), “relevant activity” means an activity which would contravene—
a
Article 3c(1) of the 2003 Regulation (if not done in accordance with authorisation granted under that Article);
b
Article 8(1) or (2) of the 2010 Regulation.
Signed by authority of the Secretary of State for International Trade
(This note is not part of the Order)