The Syria (Restrictive Measures) (Overseas Territories) Order 2011 (SI 2011/1678)

Summary

This is a UK Order in Council extending EU restrictive measures against Syria to the British Virgin Islands and other Overseas Territories. It creates a licensing and freezing regime covering restricted goods, funds and economic resources connected to Syria and to persons or entities designated (listed persons) under the underlying EU Regulation.

• Restricted goods: Prohibits supply, delivery, export or provision of assistance (including technical assistance, training or financing) relating to restricted goods (military and internal repression equipment) to Syria without a licence from the Governor, and creates related offences for ships, aircraft and vehicles used in breach.
• Asset freeze: Requires that funds and economic resources of any listed person be frozen (Article 15) and prohibits making funds or economic resources available to a listed person (Article 16), subject to limited exceptions and Governor-issued licences.
• Disclosure duty: Relevant institutions (financial services regulators, deposit-takers and building-society-type entities in the Territory) must disclose knowledge or suspicion that a customer or other person they deal with is a listed person.
• Customs and search powers: Gives the Governor and authorised officers powers to demand evidence of destination of exported goods, require declarations from persons leaving the Territory, and search ships, aircraft and vehicles suspected of carrying restricted goods to Syria.
• Licensing: Sets out when the Governor may grant, vary, revoke, and must give notice of licences authorising otherwise-prohibited activities (e.g. humanitarian equipment, UN operations, financial assistance for approved programmes).
• Offences and penalties: Establishes criminal offences for breaching the prohibitions, circumventing them, making false declarations, or failing to comply with information/search requirements, with penalties set out in Article 24 (and territory-specific modifications in the Schedules).

The Order applies to persons and bodies in the Territory, British nationals/persons ordinarily resident there, and bodies incorporated under Territory law, and it took effect on 15 July 2011. It remains linked to the underlying EU Council Regulations on Syria and lapses or is suspended if those Regulations are postponed, suspended or terminated.

Key obligations

• Relevant institutions must freeze funds and economic resources held or controlled by a listed person.
• No person may make funds or economic resources available, directly or indirectly, to or for the benefit of a listed person, except under a Governor-granted licence or permitted exception.
• Relevant institutions must disclose to the appropriate authority any knowledge or suspicion that a customer or other person they deal with is a listed person.
• Restricted goods (military/internal-repression equipment) may not be supplied, delivered, exported to Syria, or have assistance/training provided in relation to them, without a licence from the Governor.
• Exporters and shippers of restricted goods must, if required by the Governor, furnish proof within the time allowed that goods reached an authorised or non-prohibited destination.
• Persons about to leave the Territory must, if required by an authorised officer, declare whether they carry restricted goods destined for Syria and produce any such goods, and must submit to search if required.
• Licence holders and applicants must comply with any conditions attached to licences granted under the Order.

Applies to

relevant institutions (financial services regulators, deposit-taking institutions, building-society-type entities), exporters and shippers of restricted goods, ship owners, masters, aircraft operators and commanders, vehicle operators and drivers, persons ordinarily resident in the Territory (including British citizens, British Overseas Territories citizens and related categories), bodies incorporated or constituted under the law of the Territory, persons dealing with or holding funds/economic resources on behalf of listed persons

Deadlines

• 15th July 2011: Order comes into force.
• within such time as the Governor may allow: Exporters/shippers must furnish proof that exported restricted goods reached an authorised or non-prohibited destination, if required by the Governor under Article 9.

Related documents

• The Restrictive Measures (Amendment) (Overseas Territories) Order 2012 (S.I. 2012/362) amends this document