The Export Control (North Korea and Ivory Coast Sanctions and Syria Amendment) Order 2013
| Jurisdiction | UK Non-devolved |
| Citation | SI 2013/3182 |
| Year | 2013 |
2013 No. 3182
Customs
The Export Control (North Korea and Ivory Coast Sanctions and Syria Amendment) Order 2013
Made 12th December 2013
Laid before Parliament 17th December 2013
Coming into force 7th January 2014
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 19721in relation to measures relating to the interruption or reduction, in part or completely, of economic relations with one or more countries which are not Member States2.
This Order makes provision for a purpose mentioned in section 2(2) of that Act and it appears to the Secretary of State that it is expedient for references to an Annex to Council Regulation (EC) No 329/20073or an Annex to Council Regulation (EC) No 174/20054to be construed as references to that Annex as amended from time to time.
The Secretary of State, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972, by paragraph 1A of Schedule 2 to that Act5and by sections 1, 2, 3, 4, 5 and 7 of the Export Control Act 20026, makes the following Order.
PART I
Introductory
Citation, Commencement and Application
1.—(1) This Order may be cited as the Export Control (North Korea and Ivory Coast Sanctions and Syria Amendment) Order 2013 and comes into force on 7th January 2014.
(2) An offence may be committed under this Order—
(a)
(a) in the United Kingdom by any person;
(b)
(b) elsewhere by any person who is a United Kingdom person within the meaning of section 11 of the Export Control Act 2002.
Revocations
2. The legislation specified in column 1 of the Schedule to this Order is revoked to the extent specified in column 3 of that Schedule.
Interpretation
3.—(1) In this Order—
“the 1979 Act” means the Customs and Excise Management Act 19797;
“EU authorisation” means an authorisation granted under Articles 3c or 5 of the North Korea Regulation or Article 4a of the Ivory Coast Regulation;
“the North Korea Regulation” means Council Regulation (EC) No 329/2007as last amended by Council Regulation (EU) No 696/2013 concerning restrictive measures against the Democratic People’s Republic of Korea, and a reference to an Annex to that Regulation is to be construed as a reference to that Annex as amended from time to time;
“the Ivory Coast Regulation” means Council Regulation (EC) No 174/2005as last amended by Council Regulation (EU) No 617/2012 imposing restrictions on the supply of assistance related to military activities to Côte d’Ivoire and a reference to an Annex to that Regulation is to be construed as a reference to that Annex as amended from time to time.
(2) An expression used both in this Order and in the North Korea Regulation or the Ivory Coast Regulation has the meaning that it bears in those Regulations.
PART 2
Offences in relation to prohibitions in the North Korea Regulation
Offences related to equipment and goods and technology listed in Annex I, Ia and Ib or in the EU Common List of Military Equipment
4. Unless authorised by an EU authorisation, a person who is knowingly concerned in an activity, other than the export or the import of goods, prohibited by any of the following Articles of the North Korea Regulation with intent to evade a prohibition in those Articles commits an offence and may be arrested—
(a) Article 2(1)(a) (prohibition on sale etc. of goods or technology, including software, listed in Annexes I, Ia and Ib, whether or not originating in the Union, to any natural or legal person, entity or body in, or for use in North Korea);
(b) Article 2(3) (prohibition on the purchase etc. of the goods and technology listed in Annexes I, Ia and Ib from North Korea, whether or not the item concerned originates in North Korea);
(c) Article 3(1)(a) (prohibition on provision of technical assistance and brokering services related to goods or technology listed in the EU Common List of Military Equipment or in Annexes I, Ia and Ib and to the provision, manufacture, maintenance and use of goods listed in the EU Common List of Military Equipment or in Annexes I, Ia, and Ib to any natural or legal person, entity or body in, or for use in, North Korea);
(d) Article 3(1)(b) (prohibition on provision of financing or financial assistance related to goods and technology listed in the EU Common List of Military Equipment or in Annexes I, Ia and Ib, to any natural or legal person, entity or body in, or for use in, North Korea);
(e) Article 3(1)(c) (prohibition on obtaining technical assistance related to goods and technology in the EU Common List of Military Equipment or in Annexes I, Ia and Ib and to the provision, . manufacture, maintenance and use of goods listed in the EU Common List of Military Equipment or in Annexes I, Ia, and Ib from any natural or legal person, entity or body in, or for use in , North Korea);
(f) Article 3(1)(d) (prohibition on obtaining financing or financial assistance related to goods and technology in the EU Common List of Military Equipment or in Annexes I, Ia and Ib, for any sale, supply, etc. of such items, or for any provision of related technical assistance from any natural or legal person, entity or body in, or for use in, North Korea).
Offences related to the movement of luxury goods to North Korea
5. Unless authorised by an EU authorisation, a person who is knowingly concerned in an activity, other than the export of goods, prohibited by Article 4(a) of the North Korea Regulation (prohibition on sale, etc. of luxury goods, as listed in Annex III, to North Korea) with intent to evade a prohibition in that Article commits an offence and may be arrested.
Offences related to the movement of gold, precious metals and diamonds listed in Annex VII
6. A person who is knowingly concerned in an activity, other than the export or the import of goods, prohibited by any of the following Articles of the North Korea Regulation with intent to evade a prohibition in those Articles commits an offence and may be arrested—
(a) Article 4a(1)(a) (prohibition on sale, etc. of gold, precious metals and diamonds, as listed in Annex VII, whether or not originating in the Union, to or from the Government of North Korea, its public bodies, corporations and agencies, the Central Bank of North Korea and any person, entity or body acting on their behalf or at their direction, or any entity or body owned or controlled by them);
(b) Article 4a(1)(b) (prohibition on purchase, etc. of gold, precious metals and diamonds, as listed in Annex VII, whether or not originating in North Korea, from the Government of North Korea, its public bodies, corporations and agencies, the Central Bank of North Korea and any person, entity or body acting on their behalf or at their direction, or any entity or body owned or controlled by them);
(c) Article 4a(1)(c) (prohibition on provision of technical assistance or brokering services or financing or financial assistance related to goods referred to in points (a) and (b) of Article 4a(1) of the North Korea Regulation, to the Government of North Korea, its public bodies, corporations and agencies, the Central Bank of North Korea and any person, entity or body acting on their behalf or at their direction, or any entity or body owned ore controlled by them).
Offences related to the movement of North Korean bank notes and coins
7. A person who is knowingly concerned in an activity, other than the export of goods, prohibited by Article 4b of the North Korea Regulation (prohibition on sale, etc. of newly printed or unissued North Korean denominated banknotes and minted coinage, to or for the benefit of the Central Bank of North Korea) with intent to evade the prohibitions in that Article commits an offence and may be arrested.
PART 3
Offences in relation to prohibitions in the Ivory Coast Regulation
Offences related to equipment and goods and technology listed in Annex I
8. Unless authorised by an EU authorisation, a person who is knowingly concerned in an activity, other than the export of equipment, prohibited by Article 3(a) of the Ivory Coast Regulation (prohibition on sale, etc. of equipment which might be used for internal repression as listed in Annex I whether or not originating in the Union, to any person, entity or body in, or for use in, Cote d’Ivoire) with intent to evade the prohibitions in that Article commits an offence and may be arrested.
PART 4
Supplementary Provisions as to Offences
Circumvention of prohibitions in the North Korea Regulation
9.—(1) A person commits an offence (and may be arrested) who participates, knowingly and intentionally, in activities the object or effect of which is (whether directly or indirectly)—
(a)
(a) to circumvent any of the prohibitions in Articles 2(1)(a), 4(a), 4a(1)(a) and 4b of the North Korea Regulation, or
(b)
(b) to enable or facilitate the contravention of any such prohibition.
(2) A person commits an offence (and may be arrested) who participates, knowingly and intentionally, in activities the object or effect of which is (whether directly or indirectly)—
(a)
(a) to circumvent any of the prohibitions in Articles 2(3), 3(1)(a) to 3(1)(d) and 4a(1)(b) or (c) of the North Korea Regulation, or
(b)
(b) to enable or facilitate the...
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