The Export Control (Sanctions) (Amendment) Order 2019

• Citation: S.I. 2019/1236
• Sections: 17

Section 1 Citation and commencement

(1) This Order may be cited as the Export Control (Sanctions) (Amendment) Order 2019.

(2) This Order comes into force on the 22nd day after the day on which it is laid before Parliament.

Section 2 Amendment of the Export Control Order 2008

In the Export Control Order 2008 , in Part 4 of Schedule 4, at the appropriate place, insert “Eritrea”.

Section 3 Amendment of the Export Control (Russia, Crimea and Sevastopol Sanctions) Order 2014

(1) The Export Control (Russia, Crimea and Sevastopol Sanctions) Order 2014 is amended as follows.

(2) In article 2—

(a) in paragraph (1)—

(i) for the definition of “the Russia Sanctions Regulation” substitute—

“the Russia Sanctions Regulation” means Council Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in the Ukraine , as amended from time to time;

(ii) for the definition of “the Crimea and Sevastopol Regulation” substitute—

“the Crimea and Sevastopol Regulation” means Council Regulation (EU) No 692/2014 concerning restrictions on the import into the Union of goods originating in Crimea or Sevastopol, in response to the illegal annexation of Crimea and Sevastopol , as amended from time to time.

(b) for paragraph (2) substitute—

(2) Terms used in the provisions of this Order mentioned in paragraph (3) and also in the Russia Sanctions Regulation have the same meaning in those provisions as they have in the Regulation.

(3) The provisions are—

(a) Part 2, and

(b) articles 9 to 12 and 14, as they relate to the Russia Sanctions Regulation.

(4) Terms used in the provisions of this Order mentioned in paragraph (5) and also in the Crimea and Sevastopol Regulation have the same meaning in those provisions as they have in the Regulation.

(5) The provisions are—

(a) Part 3, and

(b) articles 9 to 12 and 14, as they relate to the Crimea and Sevastopol Regulation.

(3) In Article 5(2)(a) for the words from “of Hydrazine” to “certain launchers”, substitute “of certain substances destined for the use of certain launchers or launches or fuelling of certain satellites, or for certain tests and flights in the framework of the ExoMars 2020 Mission”.

Section 4 Amendment of the Export Control (Sudan, South Sudan and Central African Republic Sanctions) Regulations 2014

(1) The Export Control (Sudan, South Sudan and Central African Republic Sanctions) Regulations 2014 are amended as follows.

(2) In regulation 3—

(a) in paragraph (1)—

(i) for the definition of “the Central African Republic Regulation” substitute—

“the Central African Republic Regulation” means Council Regulation (EU) 224/2014 concerning restrictive measures in view of the situation in the Central African Republic , as amended from time to time;

(ii) for the definition of “the South Sudan Regulation” substitute—

“the South Sudan Regulation” means Council Regulation (EU) 2015/735 concerning restrictive measures in respect of the situation in South Sudan and repealing Regulation (EU) No 748/2014 , as amended from time to time;

(iii) for the definition of “the Sudan Regulation” substitute—

“the Sudan Regulation” means Council Regulation (EU) No 747/2014 concerning restrictive measures in view of the situation in Sudan and repealing Regulations (EC) No 131/2004 and (EC) No 1184/2005 , as amended from time to time.

(b) for paragraph (2) substitute—

(2) Terms used in the provisions of these Regulations mentioned in paragraph (3) and also in the Central African Republic Regulation have the same meaning in those provisions as they have in that Regulation.

(3) The provisions are—

(a) Part 3, and

(b) Parts 4 to 6, as they relate to the Central African Republic Regulation.

(4) Terms used in the provisions of these Regulations mentioned in paragraph (5) and also in the South Sudan Regulation have the same meaning in those provisions as they have in that Regulation.

(5) The provisions are, as they relate to the South Sudan Regulation—

(a) Part 2, and

(b) Parts 4 to 6.

(6) Terms used in the provisions of these Regulations mentioned in paragraph (7) and also in the Sudan Regulation have the same meaning in those provisions as they have in that Regulation.

(7) The provisions are, as they relate to the Sudan Regulation—

(a) Part 2, and

(b) Parts 4 to 6.

(3) In regulation 5, after paragraph (b), insert—

(c) Article 2(3) (prohibition on provision of technical assistance, financing or financial assistance or brokering services related to the provision of armed mercenary personnel in South Sudan or for use in South Sudan) .

Section 5 Amendment of the Export Control (Venezuela Sanctions) Order 2018

(1) The Export Control (Venezuela Sanctions) Order 2018 is amended as follows.

(2) In article 7, after paragraph (2), insert—

(3) A person commits an offence and may be arrested if the person—

(a) purports to act under the authority of an EU authorisation, but

(b) fails to comply with any requirement or condition of the authorisation.

(3) In article 8—

(a) in paragraph (1)(a)(i) and (ii) for “six months” substitute “three months”;

(b) in paragraph (2)(e), after “7(1)” insert “or (3)”.

Section 6 Amendment of the Export Control (North Korea Sanctions) Order 2018

The Schedule contains amendments to the Export Control (North Korea Sanctions) Order 2018 .

Section 7 Amendment of the Export Control (Burma Sanctions) (No. 2) Order 2018

In the Export Control (Burma Sanctions) (No. 2) Order 2018 , in article 10(10)(c), in the substituted text, after “(Burma Sanctions)” insert “(No. 2)”.

Section 8 Amendment of the South Sudan (Sanctions) (EU Exit) Regulations 2019

In regulation 68(1)(a) of the South Sudan (Sanctions) (EU Exit) Regulations 2019 —

(a) for paragraph (i)(bb) substitute—

(bb) omit the definition of “the South Sudan Regulation”;

(b) for paragraph (ii) substitute—

(ii) omit paragraphs (4) and (5).

Section 1 Amendment of the Export Control (North Korea Sanctions) Order 2018.

The Export Control (North Korea Sanctions) Order 2018 is amended as follows.

Section 2 Amendment of the Export Control (North Korea Sanctions) Order 2018.

In article 4(3), after “16h” insert “, 16j, 16k, 16l, 16m, 16n, 16p”.

Section 3 Amendment of the Export Control (North Korea Sanctions) Order 2018.

In the heading before article 13, after “Regulation”, insert “and fishing rights”

Section 4 Amendment of the Export Control (North Korea Sanctions) Order 2018.

For article 13 substitute—

(13)

(1) A person who contravenes a relevant prohibition in Article 16a(1) of the North Korea Regulation (prohibition on purchase or transfer from the DPRK of seafood) commits an offence.

(2) A person who contravenes a prohibition in Article 16a(2) of the North Korea Regulation (prohibition on purchase or transfer of fishing rights from the DPRK) commits an offence.

Section 5 Amendment of the Export Control (North Korea Sanctions) Order 2018.

After article 18 insert—

Contravention of relevant prohibitions related to food and agricultural products listed in Annex XIg to the North Korea Regulation

(18A) A person who contravenes a relevant prohibition in Article 16j of the North Korea Regulation (prohibition on purchase or transfer from the DPRK of food or agricultural products listed in Annex XIg to the North Korea Regulation) commits an offence.

Contravention of relevant prohibitions related to machinery and electrical equipment listed in Annex XIh to the North Korea Regulation

(18B) A person who contravenes a relevant prohibition in Article 16k of the North Korea Regulation (prohibition on purchase or transfer from the DPRK of machinery or electrical equipment listed in Annex XIh to the North Korea Regulation) commits an offence.

Contravention of relevant prohibitions related to earth and stone listed in Annex XIi to the North Korea Regulation

(18C) A person who contravenes a relevant prohibition in Article 16l of the North Korea Regulation (prohibition on purchase or transfer from the DPRK of earth or stone, including magnesite and magnesia, listed in Annex XIi to the North Korea Regulation) commits an offence.

Contravention of relevant prohibitions related to wood listed in Annex XIj to the North Korea Regulation

(18D) A person who contravenes a relevant prohibition in Article 16m of the North Korea Regulation (prohibition on purchase or transfer from the DPRK of wood listed in Annex XIj to the North Korea Regulation) commits an offence.

Contravention of relevant prohibitions related to vessels listed in Annex XIk to the North Korea Regulation

(18E) A person who contravenes a relevant prohibition in Article 16n of the North Korea Regulation (prohibition on purchase or transfer from the DPRK of vessels listed in Annex XIk to the North Korea Regulation) commits an offence.

Contravention of relevant prohibitions related to industrial machinery, transportation vehicles and metals listed in part A of Annex XIl to the North Korea Regulation

(18F) A person who contravenes a relevant prohibition in Article 16p of the North Korea Regulation (prohibition on sale, supply or transfer to the DPRK of industrial machinery, transportation vehicles, and iron, steel and other metals listed in part A of Annex XIl to the North Korea Regulation) commits an offence.

Section 6 Amendment of the Export Control (North Korea Sanctions) Order 2018.

In article 20—

(a) in paragraph (1)(b), for “circumvention” substitute “contravention”;

(b) in paragraph (2)—

(i) in sub-paragraph (k) for “16a” substitute “16a(1)”;

(ii) after sub-paragraph (p) insert—

(pa) Article 16j;

(pb) Article 16k;

(pc) Article 16l;

(pd) Article 16m;

(pe) Article 16n;

(pf) Article 16p;

(c) in paragraph (3), in sub-paragraph (b), for “circumvention” substitute “contravention”;

(d) in paragraph (4), after sub-paragraph (c), insert—

(d) Article 16a(2)

Section 7 Amendment of the Export Control (North Korea Sanctions) Order 2018.

In article 22(2), after sub-paragraph (b) insert—

(c) article 13(2);

(d) article 20(3)(a) or (b)

Section 8 Amendment of the Export Control (North Korea Sanctions) Order 2018.

In article 23(7)—

(a) in the definition of “DPRK export prohibition”, after paragraph (i) insert—

(j) Article 16p

(b) in the definition of “DPRK import prohibition”—

(i) in paragraph (f) for “16a” substitute “16a(1)”;

(ii) after paragraph (h) insert—

(i) Article 16j;

(j) Article 16k;

(k) Article 16l;

(l) Article 16m;

(m) Article 16n

Section 9 Amendment of the Export Control (North Korea Sanctions) Order 2018.

In article 24(5) after “16h” insert “, 16j, 16k, 16l, 16m, 16n, 16p”.