The Syria (Restrictive Measures) (Overseas Territories) (Amendment) Order 2013 (S.I. 2013 No. 1719)

Summary

This UK Order in Council amends the Syria (Restrictive Measures) (Overseas Territories) Order 2012 as it applies to specified Overseas Territories (including the BVI). It updates the sanctions regime to reflect later EU Council Decisions, widening the Governor's power to license arms-related exports following the partial lifting of the EU arms embargo, and adding new exemptions to the asset freeze.

• Licensing power widened: The Governor may, with the consent of the UK Secretary of State, grant licences authorising activities under articles 4 to 7 and under new offence articles 9, 9A and 9B.
• New offences (equipment lists): Creates offences for knowingly selling, supplying, transferring or exporting equipment, goods or technology listed in new Schedule 6, Annex IA or Annex IX (items that could be used for internal repression) to persons in Syria or for use in Syria, or providing related technical assistance, brokering or financial assistance, without a licence.
• Exceptions: Protective clothing temporarily exported by UN, EU, media or humanitarian personnel for personal use is exempt from the Schedule 6 offence; Annex IA transactions may be licensed for food, agricultural, medical or humanitarian purposes; Annex IX transactions may be licensed unless the Governor reasonably suspects the transaction may contribute to internal repression.
• Asset freeze exemptions added: Article 33(2) is amended to permit payments into or from accounts of diplomatic/consular missions or international organisations for official purposes, payments for humanitarian purposes (including medical supplies, food, humanitarian workers, evacuations from Syria), and payments ensuring human safety or environmental protection.
• Consequential cross-references updated: References to former article 9(1)(a) to (c) in article 43 and Schedules 2 and 4 are replaced with references to articles 9, 9A and 9B, and references to former article 9(1)(d) to (f) are omitted.

The Order does not itself create ongoing filing or reporting duties; it operates by criminalising certain unlicensed dealings with Syria-related equipment and by defining when a licence or exemption applies. Anyone handling exports, financial transactions or accounts potentially connected to Syria in the relevant Overseas Territories should check whether their activity falls within the amended offence provisions or the new exemptions.

Key obligations

• Persons must not knowingly sell, supply, transfer or export equipment listed in Schedule 6 (internal repression equipment) to persons in Syria or for use in Syria without a Governor's licence (consented to by the Secretary of State).
• Persons must not knowingly provide technical assistance, brokering services, financing or financial assistance related to Schedule 6, Annex IA or Annex IX equipment/goods/technology to persons in Syria or for use in Syria without a licence.
• Persons must not knowingly sell, supply, transfer or export Annex IA or Annex IX listed equipment, goods or technology to persons in Syria or for use in Syria without a licence granted by the Governor under articles 9A or 9B.
• Any transaction relying on the Annex IA humanitarian exemption or the Annex IX exemption must fall within the stated licensing conditions (food, agricultural, medical or humanitarian purposes for Annex IA; absence of reasonable suspicion of contribution to internal repression for Annex IX).

Applies to

persons and entities subject to the Syria (Restrictive Measures) (Overseas Territories) Order 2012, as amended, in the specified Overseas Territories, exporters and suppliers of arms-related equipment, goods and technology, financial institutions and persons handling accounts of diplomatic or consular missions or international organisations, humanitarian organisations and workers operating in relation to Syria

Deadlines

• 7th August 2013: Date on which this amending Order comes into force.

Related documents

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