The Somalia (Sanctions) (Overseas Territories) (Amendment) Order 2020

Summary

This is a UK Order in Council that amends the Somalia (Sanctions) (Overseas Territories) Order 2012, extending updated UN Security Council sanctions measures on Somalia (per UNSCR 2498 (2019)) to the Overseas Territories, including the British Virgin Islands. It was made 11 March 2020 and came into force 8 April 2020.

• New prohibition: Creates a new offence of knowingly selling, supplying, transferring or exporting improvised explosive device (IED) components to any person in Somalia or for use in Somalia.
• Licensing exemptions updated: Revises Governor licensing exemptions under article 10(3), replacing references to the UN Political Office for Somalia with UNSOM, updating exemptions for AMISOM, its strategic partners, and the EU Training Mission, and adding new exemptions for anti-piracy supplies and for certain IED component supplies where there is no significant risk of misuse.
• Publication requirement expanded: Extends the article 12 requirement to publish lists of designated persons and restricted goods so that it also covers IED components.
• Customs and enforcement powers extended: Amends Schedule 2 customs powers (demanding evidence of destination, declarations as to carriage, and investigation of suspected ships, aircraft or vehicles) to also apply to IED components, not just restricted goods.

The Order implements EU Council Decision (CFSP) 2020/170 and Council Regulation (EU) 2020/169 into the sanctions framework applicable in the Overseas Territories (excluding Bermuda and Gibraltar, which apply sanctions domestically). It is primarily relevant for AML/CFT and sanctions screening purposes by persons and entities operating in or through the BVI.

Key obligations

• Persons must not knowingly sell, supply, transfer or export (directly or indirectly) IED components to any person in Somalia or for use in Somalia, absent a licence.
• Persons seeking to supply restricted goods or IED components for exempted purposes (e.g. AMISOM, EUTM, anti-piracy operations, Somali security sector development) must obtain a licence from the Governor under the updated article 10(3) criteria.
• The Governor must publish an updated list of designated persons, restricted goods and IED components under article 12.
• Persons transporting or declaring goods must comply with expanded customs declaration and evidence-of-destination requirements now covering IED components as well as restricted goods.

Applies to

persons and entities in the Overseas Territories (including the British Virgin Islands) subject to Somalia sanctions, exporters, suppliers and carriers of restricted goods or IED components, persons seeking Governor-issued licences for restricted activities, financial institutions and businesses with sanctions screening obligations

Deadlines

• 8th April 2020: Date the Order comes into force, applying the amended Somalia sanctions regime (including the new IED components prohibition and updated licensing/publication/customs provisions) in the Overseas Territories.

Related documents

• The Sanctions (Overseas Territories) (Revocations) Order 2020 repeals this document