The Syria (Restrictive Measures) (Overseas Territories) (Amendment) Order 2015 (S.I. 2015/824)

Summary

This UK Order in Council amends the Syria (Restrictive Measures) (Overseas Territories) Order 2012, which applies EU Syria sanctions to specified UK Overseas Territories (including the British Virgin Islands). It implements later EU sanctions changes by creating new criminal offences and licensing grounds, and updating penalty and claims provisions.

• New jet fuel offences: Creates a new offence (article 11A) of knowingly selling, supplying, transferring or exporting jet fuel and fuel additives to any person in Syria or for use in Syria, or providing financing, financial assistance or brokering services for such transactions, unless licensed by the Governor for UN humanitarian or evacuation purposes or falling within specified aviation exemptions.
• Circumvention offence: Inserts article 40A making it an offence to intentionally participate in activities knowing they are designed to circumvent or facilitate contravention of the financial services prohibitions in articles 36 to 40 of the principal Order.
• Expanded licensing grounds: Amends article 33(2) to allow the Governor to license additional categories of otherwise-prohibited fund or economic resource transfers, including OPCW-related payments by Syrian state entities, transfers for essential civilian energy needs, and certain Commercial Bank of Syria trade-related payments.
• Bar on certain claims: Inserts article 47A precluding enforcement of claims (including indemnity or guarantee claims) connected to contracts affected by the Order where made by a designated person, other Syrian person, or someone acting on their behalf; the burden of proving the claim is not precluded falls on the claimant.
• Penalty and schedule updates: Updates article 43 penalties and Schedules 2 and 4 (application to Sovereign Base Areas and St Helena/Ascension/Tristan da Cunha) to reference the new offences under articles 11A and 40A.

The Order entered into force on 16 April 2015 and operates by amending the principal 2012 Order rather than imposing a freestanding compliance regime; persons and entities already subject to the Syria sanctions regime in the relevant Overseas Territories become subject to the new offences and licensing grounds immediately from that date.

Key obligations

• Persons must not knowingly sell, supply, transfer or export jet fuel and fuel additives to any person in Syria or for use in Syria without a Governor's licence.
• Persons must not knowingly provide financing, financial assistance or brokering services connected to the sale, supply, transfer or export of jet fuel and fuel additives to Syria without a licence.
• Persons must not intentionally participate in activities designed to circumvent, or facilitate contravention of, the financial prohibitions in articles 36 to 40 of the principal Order.
• Courts must not enforce claims connected to affected contracts or transactions if made by a designated person, other Syrian person, or someone acting on their behalf, unless the claimant proves enforcement is not precluded.

Applies to

persons and entities subject to the Syria (Restrictive Measures) (Overseas Territories) Order 2012 in the British Virgin Islands and other listed Overseas Territories, financial institutions providing financing, insurance, reinsurance or brokering services, exporters and suppliers dealing in jet fuel and fuel additives, designated persons and Syrian persons (including the Syrian government) subject to asset freezes

Deadlines

• 16th April 2015: Date the Order comes into force, applying the new offences, licensing grounds, and claims restrictions.

Related documents

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