Advisory Warning No. 9 of 2012 - The Sudan and South Sudan (Restrictive Measures) (Overseas Territories) Order, 2012 (2012-07-05)

Summary

This is a BVI Financial Services Commission advisory notifying the public that The Sudan and South Sudan (Restrictive Measures) (Overseas Territories) Order, 2012 (UKSI 2012 No. 361) has been made, revoking the earlier 2004 Sudan Order. The 2012 Order extends EU-derived restrictive measures to cover both Sudan and South Sudan in light of current events in those territories.

• Supply and delivery ban: Prohibits any person from delivering or being involved in supplying or delivering restricted goods to any person or destination in Sudan or South Sudan, unless licensed by the Governor.
• Export ban: Prohibits exporting restricted goods from the Virgin Islands to any destination in Sudan or South Sudan, unless licensed by the Governor.
• Services and financing ban: Prohibits providing technical assistance, brokering or other services, and financing or financial assistance, in relation to military activities and restricted goods involving Sudan or South Sudan, unless licensed by the Governor.
• Restricted goods definition: Restricted goods include military goods and related software and technology as specified in Schedule 2 to the Export Control Order, 2008.

The advisory is informational, alerting the public and industry to the existence and effect of the 2012 Order rather than imposing new FSC-specific filing requirements; compliance with the underlying prohibitions is a matter of law under the Order itself, with exceptions only available via a licence granted by the Governor.

Key obligations

• Do not deliver or participate in supplying or delivering restricted goods to any person or destination in Sudan or South Sudan without a licence granted by the Governor.
• Do not export restricted goods from the Virgin Islands to any destination in Sudan or South Sudan without a licence granted by the Governor.
• Do not provide technical assistance, brokering, other services, or financing/financial assistance relating to military activities or restricted goods involving Sudan or South Sudan without a licence granted by the Governor.

Applies to

members of the public, persons and businesses engaged in export or trade with Sudan or South Sudan, financial services providers subject to BVI sanctions law