The Sudan and South Sudan (Restrictive Measures) (Overseas Territories) Order 2012 (SI 2012/361)

Summary

This UK Order in Council extends restrictive measures (sanctions) against Sudan and South Sudan to the British Virgin Islands and other Overseas Territories. It implements an arms embargo and related controls, prohibiting the supply, export, or brokering of restricted goods, technical assistance, and financing connected to military activities in Sudan or South Sudan unless authorised by a licence from the Governor. It revokes the earlier Sudan (Restrictive Measures) (Overseas Territories) Order 2004.

• Supply and export controls: Prohibits supplying, delivering, or exporting restricted goods (military and dual use items) to Sudan or South Sudan without a Governor's licence (Articles 3 and 4)
• Technical and financial assistance: Bans providing technical assistance, brokering, financing or financial assistance relating to military activities or restricted goods in Sudan or South Sudan without a licence (Article 5)
• Transport controls: Prohibits using ships, aircraft or vehicles to carry restricted goods to Sudan or South Sudan without authorisation (Article 6)
• Licensing regime: Allows the Governor to grant licences for specified humanitarian, protective, de-mining, or peace-agreement related activities, subject to conditions, variation or revocation (Article 7)
• Customs and declaration duties: Requires exporters/shippers to furnish proof of destination on request, and requires persons leaving the Territory to declare and produce any restricted goods when required by an authorised officer (Articles 8 and 10)
• Enforcement powers: Grants authorised officers powers to board, search and detain suspected ships, aircraft and vehicles, and creates offences for false statements, breach of licence conditions, and non compliance (Articles 9 and 11 to 15)
• Offences and penalties: Establishes criminal offences and penalties, and procedures for prosecuting offences under the Order (Articles 16 and 17)

The Order applies to persons and bodies incorporated in the Territory, and extraterritorially to British citizens, British Overseas Territories citizens and related categories ordinarily resident in the Territory. It is relevant to compliance officers for sanctions screening and export control purposes rather than imposing routine regulatory filings.

Key obligations

• No person may supply, deliver, or export restricted goods to Sudan or South Sudan except under a licence granted by the Governor
• No person may provide technical assistance, brokering services, or financing relating to military activities or restricted goods in Sudan or South Sudan without a Governor's licence
• Ships, aircraft registered in the Territory, and vehicles within the Territory must not be used to carry restricted goods destined for Sudan or South Sudan without authorisation
• Exporters and shippers of restricted goods must, if required by the Governor, furnish proof within an allowed time that goods reached an authorised or non-prohibited destination
• Any person leaving the Territory must, if required by an authorised officer, declare and produce any restricted goods destined for Sudan or South Sudan
• Persons acting under a licence must comply with all conditions attached to that licence
• Persons must not make false or reckless statements in licence applications or in declarations required under the Order

Applies to

persons and bodies incorporated in the Territory, exporters and shippers of restricted goods, ship, aircraft and vehicle owners, operators, masters and commanders, British citizens, British Overseas Territories citizens and related categories ordinarily resident in the Territory, financial institutions and other persons providing financing or financial assistance related to restricted goods or military activities

Deadlines

• 14 March 2012: Date the Order comes into force

Related documents

• The Sudan (Sanctions) (Overseas Territories) Order 2014 (S.I. 2014/2707) repeals this document
• The Sudan (Sanctions) (Overseas Territories) Order 2014 (S.I. 2014/2707) replaces this document