The Sudan (Sanctions) (Overseas Territories) Order 2014 (S.I. 2014/2707)

Summary

This Order in Council extends United Nations and EU sanctions on Sudan to the British Virgin Islands and other listed Overseas Territories. It came into force on 5 November 2014 and revokes three earlier Sudan sanctions orders. It creates offences around dealing with funds or economic resources of designated persons, supplying restricted (military-related) goods, and providing related assistance, and imposes reporting duties on relevant institutions.

• Asset freeze: It is an offence to deal with funds or economic resources belonging to, or make funds or economic resources available to or for the benefit of, a person designated under Annex I to EU Council Regulation 747/2014, where the person knows or has reasonable cause to suspect this.
• Restricted goods and assistance: It is an offence to sell, supply, transfer or export restricted (military-list) goods to Sudan or for use in Sudan, to carry such goods by ship, aircraft or vehicle connected to the Territory, to provide assistance relating to such goods, or to provide assistance related to military activities in Sudan.
• Reporting duty on relevant institutions: A relevant institution (deposit-taking institutions and certain building societies) must inform the Governor as soon as practicable if it knows or suspects a customer is a designated person or has committed an offence under the Order, and must supply specified identifying and account information; it must also report crediting of frozen accounts under permitted exceptions.
• Licensing exemption: The Governor, with the Secretary of State's consent, may licence otherwise prohibited activities (e.g. humanitarian equipment, basic expenses of designated persons, legal fees, routine account maintenance charges), removing criminal liability for licensed conduct.
• Enforcement powers: The Order (via its Schedules) gives authorised officers powers to stop, board, divert and search ships, aircraft and vehicles suspected of carrying restricted goods, and related search and seizure powers.

The Order is primarily aimed at financial institutions, exporters, and transport operators connected to the Territory, requiring them to screen for designated persons and report suspicions promptly; failure to comply with the reporting duty is itself a criminal offence.

Key obligations

• Relevant institutions must not deal with, or make available, funds or economic resources to or for the benefit of a designated person.
• 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), providing the basis for the suspicion, identifying information, and details of funds/economic resources held.
• Relevant institutions must inform the Governor as soon as practicable if they credit a frozen account under the permitted exceptions in article 5(1)(b), (c) or (2).
• Persons must not knowingly sell, supply, transfer or export restricted goods to Sudan or for use in Sudan, or carry such goods by ship, aircraft or vehicle connected to the Territory.
• Persons must not knowingly provide assistance relating to restricted goods (sale, supply, transfer, export, maintenance, manufacture or use) intended for Sudan, or assistance related to military activities in Sudan.
• Any activity otherwise prohibited under articles 4 or 7 to 9 requires a licence granted by the Governor with the consent of the Secretary of State to be lawful.

Applies to

relevant institutions (deposit-taking institutions and certain building societies), persons and bodies incorporated in the Territory, exporters and suppliers of goods, ship, aircraft and vehicle owners, operators, charterers and masters, designated persons

Deadlines

• 5th November 2014: Date the Order comes into force in the listed Overseas Territories.
• as soon as practicable: Relevant institutions must notify the Governor upon knowing or suspecting a customer is a designated person or has committed a relevant offence, or upon crediting a frozen account under permitted exceptions.

Related documents

• This document repeals The Sudan and South Sudan (Restrictive Measures) (Overseas Territories) Order 2012 (SI 2012/361)
• This document replaces The Sudan and South Sudan (Restrictive Measures) (Overseas Territories) Order 2012 (SI 2012/361)
• The Sanctions (Overseas Territories) (Revocations) Order 2020 repeals this document