The South Sudan (Sanctions) (Overseas Territories) Order 2014

Summary

This UK Order in Council extends European Union sanctions against South Sudan to specified Overseas Territories, including the BVI. It creates criminal offences around dealing with funds or economic resources of designated persons, and around supplying restricted goods, related assistance, or military-related assistance to South Sudan. It also imposes reporting duties on relevant institutions and creates a licensing mechanism for otherwise prohibited activities.

• Asset freeze: It is an offence to deal with funds or economic resources belonging to, or make funds or economic resources available to, a person designated under the EU Council Regulation on South Sudan, where the person knows or has reasonable cause to suspect this.
• Restricted goods and arms embargo: It is an offence to knowingly sell, supply, transfer, export, or carry restricted (military-list) goods to or for use in South Sudan, or to knowingly provide related assistance (technical, financial, brokering) for such goods.
• Military assistance ban: It is an offence to knowingly provide assistance related to military activities in South Sudan.
• Reporting duty: Relevant institutions (deposit-takers and similar entities) must inform the Governor as soon as practicable if they know or suspect a customer is a designated person or has committed an offence under the Order, including specified identifying and financial details.
• Licensing exemptions: The Governor, with the Secretary of State's consent, may license otherwise prohibited activities, such as humanitarian equipment, basic expense payments for designated persons, legal fees, or pre-existing contractual payments.

The Order came into force on 5 November 2014 and applies to persons in the Territory, British persons/entities connected to the Territory ordinarily resident there, bodies incorporated under Territory law, and persons on ships or aircraft registered there. It is implemented by the BVI Financial Services Commission as part of the Territory's sanctions framework.

Key obligations

• Relevant institutions must inform the Governor as soon as practicable if they know or suspect a customer is a designated person or has committed an offence under article 4 or 10(10), including the basis for suspicion, identifying information, and details of any funds or economic resources held.
• Relevant institutions must inform the Governor as soon as practicable if they credit a frozen account under the limited permitted exceptions (interest, pre-existing contractual payments, or judicial/administrative/arbitral liens).
• Persons must not deal with funds or economic resources belonging to, or make funds/economic resources available to, a designated person (or for their benefit) without a licence.
• Persons must not sell, supply, transfer, export, or carry restricted goods to or for use in South Sudan without a licence.
• Persons must not provide assistance relating to restricted goods (sale, supply, transfer, export, maintenance, manufacture or use) for South Sudan without a licence.
• Persons must not provide assistance related to military activities in South Sudan without a licence.
• Any person seeking to undertake an otherwise prohibited activity must obtain a licence from the Governor (granted with the Secretary of State's consent) specifying the authorised acts.

Applies to

relevant institutions (deposit-taking businesses), persons in the Territory, British citizens/subjects ordinarily resident in the Territory, bodies incorporated under the law of the Territory, persons on ships or aircraft registered in the Territory, designated persons

Deadlines

• 5th November 2014: Date the Order comes into force.
• as soon as practicable: Relevant institutions must report to the Governor knowledge or suspicion that a customer is a designated person or has committed a related offence, or that a frozen account has been credited under permitted exceptions.

Related documents

• The South Sudan (Sanctions) (Overseas Territories) (Amendment) Order 2015 (S.I. 2015/1527) amends this document
• The Sanctions (Overseas Territories) (Revocations) Order 2020 repeals this document