The Syria (Restrictive Measures) (Overseas Territories) (Amendment) Order 2012

Summary

This UK Order in Council amends the Syria (Restrictive Measures) (Overseas Territories) Order 2012, which applies EU Syria sanctions to the British Virgin Islands and other listed Overseas Territories. It updates definitions, adds a new offence for dealing in restricted goods from Syria, replaces the search and information-gathering regime for suspected sanctions breaches, and adds new exemptions to the asset freeze.

• New offence: Creates a new offence (article 8A) for knowingly purchasing, importing or transporting restricted goods from or originating in Syria, or providing financing, financial assistance or insurance/reinsurance brokering for such transactions.
• Governor's duties: Requires the Governor to publish and keep up to date a list of designated persons and restricted goods, in any form considered appropriate (including a website).
• Investigation powers: Replaces the ship, aircraft and vehicle investigation and search powers with a revised article 21, including powers to stop, search, detain and seize restricted goods, and creates related offences for non-compliance, false information or obstruction.
• Information and document requests: Introduces a new Schedule 5 giving authorised officers power to request information or documents from persons in or resident in the territory, with a requirement to comply within the time and manner specified, subject to legal privilege; creates offences for refusal, false information, destruction of documents or obstruction.
• Disclosure restrictions: Restricts disclosure of information or documents obtained under the Order except to specified authorised persons or bodies (e.g. UN organs, financial regulators, government officials of certain jurisdictions) or with consent.
• New asset freeze exemptions: Adds exemptions allowing certain payments related to financial support for Syrian nationals' education, training or research, and transactions concerning Syrian Arab Airlines solely for evacuation purposes.

The Order came into force on 9 January 2013 and applies to persons, financial institutions and other bodies operating in or connected to the BVI (and other listed Overseas Territories) that may deal with designated persons, restricted goods, or Syria-related transactions.

Key obligations

• Persons must not knowingly purchase, import or transport restricted goods from Syria, or provide financing, financial assistance or insurance/reinsurance brokering for such transactions (new article 8A offence).
• Persons requested by an authorised officer to provide information or produce documents under Schedule 5 must comply within the time and manner specified in the request.
• Persons must not disclose information or documents obtained under the Order except to the specific categories of persons or bodies listed in Schedule 5 paragraph 5.
• The Governor must publish and keep up to date a list of designated persons and restricted goods.
• Relevant persons subject to a stop, search or detention requirement under article 21 must comply with directions from an authorised officer (e.g. keeping a ship, aircraft or vehicle in place until notified it may depart).

Applies to

financial institutions, persons dealing with designated persons, shipping, aircraft and vehicle operators, persons resident in or present in the Overseas Territories

Deadlines

• 9th January 2013: Date the Order comes into force.
• one month from the date of the warrant: Period during which a search warrant issued under Schedule 5 paragraph 2 empowers an authorised officer to enter and search a specified ship, aircraft, vehicle or premises.

Related documents

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