The Syria (Restrictive Measures) (Overseas Territories) (Amendment) Order 2017 (S.I. 2017/169)

Summary

This is a UK Order in Council that amends the Syria (Restrictive Measures) (Overseas Territories) Order 2012, extending updated EU Syria sanctions to the British Virgin Islands and other listed Overseas Territories. It implements EU Council Regulation (EU) No 2016/2137, tightening and clarifying rules on trade in Syrian crude oil and petroleum products and related financing, and adjusts several offence and licensing provisions in the principal Order.

• Petroleum/oil offences: Restates article 11 offences: knowingly importing, purchasing, transporting Syrian-origin crude oil or Annex IV petroleum products, or providing financing/financial assistance for such activity, is a criminal offence, subject to specific exemptions and licensing.
• Humanitarian and diplomatic exemptions: Adds new article 29A and revises article 33(2)(k) to exempt public bodies, EU-funded humanitarian actors and diplomatic/consular missions from certain fund-freezing and asset-related prohibitions when acting for humanitarian relief or official mission purposes.
• Licensing route: The Governor, with the Secretary of State's consent, may license purchase, transport or related financing of Syrian petroleum products solely for humanitarian relief purposes, provided no other prohibitions are breached.
• Definitions and drafting fixes: Amends definitions of financing and financial assistance and insurance, removes the definition of person, and makes consequential cross-reference and schedule changes (including replacing Schedule 2 and omitting Schedules 3 and 4).
• Penalties: Restates penalty tiers under the new Schedule 2, ranging from fines up to seven years imprisonment depending on the offence, plus corporate officer liability where an offence is committed with an officer's consent, connivance or neglect.

The Order is a technical sanctions update rather than a new compliance regime, but firms and persons dealing with Syria-related trade or finance in the BVI must apply the revised offence definitions and exemptions from the commencement date.

Key obligations

• Persons must not knowingly import, purchase, transport, or finance Syrian-origin crude oil or Annex IV petroleum products except under a Governor-issued licence or an applicable humanitarian/diplomatic exemption.
• A person relying on the pre-12 July 2012 contract exemption must notify the Governor of the transaction or activity at least 7 working days in advance.
• Any purchase, transport, or related financing of Syrian petroleum products for humanitarian relief purposes must be conducted under a licence granted by the Governor with the Secretary of State's consent, and must not breach other prohibitions in the Order.
• Frozen funds or economic resources released for humanitarian purposes must be directed to the United Nations in accordance with the Syria Humanitarian Response Plan or successor plan.

Applies to

persons and entities subject to the Syria (Restrictive Measures) (Overseas Territories) Order 2012 operating in or through the British Virgin Islands and other listed Overseas Territories, financial institutions providing financing, insurance or reinsurance related to Syrian petroleum trade, public bodies and humanitarian relief organisations receiving EU funding, diplomatic and consular missions

Deadlines

• 15th March 2017: Date the Order comes into force.
• 15th February 2017: Date the Order was made by the Privy Council.
• 22nd February 2017: Date the Order was laid before Parliament.
• 7 working days in advance: Notification to the Governor required before performing a pre-12 July 2012 contractual obligation involving Syrian crude oil or petroleum products exempted under article 11(2).

Related documents

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