The Liberia (Restrictive Measures) (Overseas Territories) (Amendment) Order 2012 (S.I. 2012/2749)

Summary

This UK Order in Council amends the Liberia (Restrictive Measures) (Overseas Territories) Order 2004 as it applies in the Virgin Islands and other listed Overseas Territories, updating the arms embargo and related restrictions on Liberia to reflect UN Security Council Resolution 1903 (2009) and EU Council Decision 2010/129/CFSP. It narrows the scope of the existing embargo by limiting prohibitions on export of restricted goods and provision of military-related assistance, advice or training to dealings with non-governmental persons in Liberia, and adds new definitions and a notification regime.

• Scope narrowed: Prohibitions on exporting restricted goods and providing assistance, advice or training related to military activities now apply specifically to non-governmental persons in, or for use in, Liberia, rather than any person.
• New definitions: Adds definitions of financing and financial assistance, non-governmental person, and technical assistance, and updates the definition of restricted goods by reference to the Export Control Order 2008 and the EU Common Military List.
• New notice requirement: Introduces article 5A requiring any person exporting restricted goods to Liberia, or providing related military assistance, advice or training, to give the Governor written notice at least 21 calendar days before the export or provision, including end-user, delivery date and shipment itinerary; failure to notify is an offence.
• Licensing provision: Adds article 5B allowing the Governor to license supply, delivery, export or related assistance for UN Mission in Liberia support, personal protective equipment for UN/media/humanitarian personnel, and non-lethal humanitarian or protective equipment and related training.
• Consequential wording changes: Updates articles 3, 5, 8 and 11 to replace general references to persons, entities or bodies and destinations with references to non-governmental persons in Liberia, and updates cross-references in articles 17 and Schedule 2 to include the new article 5A offence.

The Order came into force on 5 December 2012. It operates as an amendment to the underlying 2004 sanctions regime rather than a standalone regulatory return requirement, but persons dealing in restricted goods or related assistance involving Liberia must comply with the new notice and licensing rules going forward.

Key obligations

• A person exporting restricted goods to Liberia, or providing assistance, advice or training related to military activities or restricted goods in Liberia (where not otherwise prohibited), must send the Governor written notice at least 21 calendar days before the date of export or provision of the assistance.
• The notice must include all relevant information, including where appropriate the end-user, proposed date of delivery and itinerary of shipments.
• Export of restricted goods for delivery to or for use by a non-governmental person in Liberia is prohibited except under a licence granted by the Governor.
• Failure to send the required notice under article 5A constitutes an offence.

Applies to

persons and entities in the Virgin Islands and other Overseas Territories exporting restricted goods to Liberia, persons providing military-related assistance, advice or training in relation to Liberia, ship, aircraft and vehicle operators carrying restricted goods

Deadlines

• 5th December 2012: Date the Order comes into force.
• not less than 21 calendar days before the date of export or provision of assistance: Deadline for sending the Governor written notice of a proposed export of restricted goods to Liberia or provision of related assistance, advice or training, under new article 5A.