The Syria (Restrictive Measures) (Overseas Territories) (Amendment) Order, 2014 (S.I. 2014/269)

Summary

This UK Order in Council amends the Syria (Restrictive Measures) (Overseas Territories) Order 2012 as it applies in the British Virgin Islands and other listed Overseas Territories, updating the EU-derived Syria sanctions regime. It came into force on 11 March 2014 and does not itself create a new standalone sanctions framework but modifies the existing one.

• Cultural property offence: Creates a new offence (article 15A) of knowingly importing, exporting, transferring or brokering Syrian cultural property reasonably suspected of being removed from Syria without the legitimate owner's consent or in breach of Syrian/international law, subject to limited exceptions.
• Licensing exception: Amends articles 8 and 8A so no offence is committed for otherwise-restricted goods import/export activity that is authorised under a licence granted by the Governor with the Secretary of State's consent.
• Humanitarian and evacuation exemptions: Replaces the humanitarian-purposes exemption in article 33(2)(k) with an updated version (including release of frozen funds only to the UN under the Syria Humanitarian Assistance Response Plan) and adds a new exemption for evacuations from Syria.
• New evidence and information powers: Deletes articles 19 to 24 and replaces Schedule 5 with a new regime giving authorised officers power to request information, documents or goods, obtain search warrants, detain ships/aircraft/vehicles suspected of sanctions offences, and creates related offences for non-compliance, false information, obstruction or unlawful disclosure.
• Consequential cross-reference changes: Updates cross-references in articles 43 and Schedules 2 and 4 to align with the new article 15A and renumbered Schedule 5 provisions.

The document is a legal amendment instrument rather than a regulator notice with new filing duties for licensees generally; its obligations fall on persons subject to the Syria sanctions Order (including those in or connected to the Territory) and on authorised officers exercising enforcement powers, rather than creating routine periodic compliance filings for BVI financial services businesses.

Key obligations

• A person to whom the Order applies must not knowingly import, export, transfer or broker Syrian cultural property reasonably suspected of unlawful removal from Syria, subject to limited exceptions.
• A person receiving a request from an authorised officer for information, documents or goods under Schedule 5 must comply within the time and manner specified in the request.
• Persons must not knowingly or recklessly give false information or produce false documents in response to a Schedule 5 request.
• Persons must not destroy, mutilate, deface, conceal or remove documents with intent to evade Schedule 5, or obstruct an authorised officer exercising Schedule 5 powers.
• Persons must not disclose information or documents obtained under the Order except to the specific categories of recipients listed in the new Schedule 5.

Applies to

persons to whom the Syria (Restrictive Measures) (Overseas Territories) Order 2012 applies, designated persons, financial services businesses subject to the sanctions regime, persons in or resident in the Territory, masters, owners, operators or drivers of ships, aircraft or vehicles connected to the Territory

Deadlines

• 11 March 2014: Date on which the Order comes into force and its amendments take effect.

Related documents

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