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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Export Control (Liberia) Order 2011 No. 145 URL: http://www.bailii.org/uk/legis/num_reg/2011/uksi_2011145_en_1.html |
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Statutory Instruments
Customs
Made
25th January 2011
Laid before Parliament
27th January 2011
Coming into force
17th February 2011
The Secretary of State is a Minister designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in 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 States.
The Secretary of State, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and by sections 3, 4, 5 and 7 of the Export Control Act 2002(3), makes the following Order:
Citation, commencement and interpretation
1.-(1) This Order may be cited as the Export Control (Liberia) Order 2011 and shall come into force on 17th February 2011.
(2) In this Order-
"the 1979 Act" means the Customs and Excise Management Act 1979(4);
"the customs and excise Acts" and "assigned matter" have the same meanings as in section 1 of the 1979 Act;
"EU authorisation" means an authorisation granted under Article 3 of the Regulation;
"the Regulation" means Council Regulation (EC) No 234/2004(5) as last amended by Council Regulation (EU) No 493/2010(6).
2. The Export Control (Liberia) Order 2006(7) is revoked.
3.-(1) A person who contravenes any of the following provisions of the Regulation commits an offence-
(a)Article 2(a) (prohibition on provision to non-Governmental persons, entities or bodies of technical assistance related to military activities whether the assistance is provided to or for use in Liberia);
(b)Article 2(b) (prohibition on provision to non-Governmental persons, entities or bodies of financial assistance related to military activities whether the assistance is provided to or for use in Liberia);
(c)Article 4 (requirement to notify intention to provide the Government of Liberia with assistance related to military activities).
(2) A person who contravenes Article 2(c) (prohibition on participation, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibition in Article 2(a) or (b)) of the Regulation commits an offence and may be arrested.
4.-(1) If, for the purpose of obtaining an EU authorisation, a person-
(a)makes any statement or furnishes any document or information which to that person's knowledge is false in a material particular; or
(b)recklessly makes any statement or furnishes any document or information which is false in a material particular,
that person commits an offence; and any EU authorisation granted in connection with the application for which the false statement was made or the false document or information furnished shall be void from the time it was granted.
(2) A person who, having acted under the authority of an EU authorisation, fails to comply with any of the requirements or conditions to which the EU authorisation is subject commits an offence, unless-
(a)the EU authorisation was modified after the completion of the act authorised; and
(b)the alleged failure to comply would not have been a failure had the EU authorisation not been so modified.
5.-(1) A person guilty of an offence under article 3(1) of this Order is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(2) A person guilty of any other offence under this Order is liable-
(a)on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months, or to both; or
(b)on conviction on indictment to a fine or to imprisonment for a term not exceeding two years, or to both.
6.-(1) Where the Commissioners for Her Majesty's Revenue and Customs investigate or propose to investigate any matter with a view to determining-
(a)whether there are grounds for believing that an offence under this Order has been committed; or
(b)whether a person should be prosecuted for such an offence,
the matter shall be treated as an assigned matter.
(2) Section 77A of the 1979 Act (provision as to information powers)(8) shall apply to a person concerned in an activity which, if not authorised by an EU authorisation, would contravene Article 2 or 4 of the Regulation and accordingly references in section 77A of the 1979 Act to exportation shall be read as including any such activity.
(3) Section 138 of the 1979 Act (provision as to arrest of persons)(9) shall apply to the arrest of a person for an offence under this Order as it applies to the arrest of a person for an offence under the customs and excise Acts.
(4) Sections 145(10), 146(11), 146A(12), 147(13), 148, 150(14), 151(15), 152(16), 154(17), and 155(18) of the 1979 Act (proceedings for offences, mitigation of penalties, proof and other matters) shall apply in relation to offences and penalties under this Order as they apply in relation to offences and penalties under the customs and excise Acts.
Mark Prisk
Minister of State for Business and Enterprise
Department for Business, Innovation and Skills
25th January 2011
(This note is not part of the Order)
This Order concerns the EU sanctions against Liberia, recently revised by Council Regulation (EU) No 493/2010. It supplements Council Regulation (EC) No 234/2004 ("the Regulation") as amended. Article 2 revokes the Export Control (Liberia) Order 2006 (S.I. 2006/2065) which previously performed that function.
Article 3 creates offences for contravention of the provisions of the Regulation referred to there.
Article 4 supplements the provisions of the Regulation that allow a competent authority to authorise activities that are otherwise prohibited. Article 4(1) makes it an offence knowingly or recklessly to provide false information for the purpose of obtaining an authorisation. Authorisations may be subject to requirements or conditions that continue even after the activity authorised has been carried out. Article 4(2) makes it an offence to fail to comply with such continuing requirements or conditions unless they were imposed after the activity was carried out or amended after that time in such a way as to give rise to non-compliance.
Article 5 sets out the penalties relating to the offences in the Order.
Her Majesty's Revenue and Customs will enforce the provisions of the Order. Article 6 ensures that the same ancillary provisions as apply to their enforcement of customs and excise legislation apply in this context.
A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.
S.I. 1994/757, to which there are amendments not relevant to this Order.
1972 c. 68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1) and the European Union (Amendment) Act 2008 (c.7) Schedule 1.
OJ No L 40, 12.2.2004, p1.
OJ No L 140, 8.6.2010, p17; the only other relevant amending instrument is Council Regulation (EC) No 866/2007 of 23 July 2007 (OJ No L 192, 24.7.2007, p4).
Section 77A was inserted by the Finance Act 1987 (c. 16), section 10 and amended by the Customs and Excise (Single Market etc.) Regulations 1992 (S.I. 1992/3095), Schedule 1, paragraph 7.
Section 138 was amended by the Police and Criminal Evidence Act 1984 (c. 60), sections 114(1) and 119, Schedule 6, paragraph 37 and Schedule 7, Part 1; by the Finance Act 1988 (c. 39), section 11; by the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341), article 90(1) and Schedule 6, paragraph 9; and by the Serious Organised Crime and Police Act 2005 (c. 15), Schedule 7, paragraph 54.
Section 145 was amended by the Police and Criminal Evidence Act 1984, section 114(1); and by the Commissioners for Revenue and Customs Act 2005 (c. 11), Schedule 4, paragraphs 20 and 23.
Section 146 was modified by the Channel Tunnel (Customs and Excise) Order 1990 (S.I. 1990/2167), article 4 and the Schedule, paragraph 22.
Section 146A was inserted by the Finance Act 1989 (c. 26), section 16(1) and amended by the Commissioners for Revenue and Customs Act 2005, Schedule 4, paragraphs 20 and 24.
Section 147 was amended by the Magistrates' Courts Act 1980 (c. 43), section 154 and Schedule 7, paragraph 176; by the Criminal Justice Act 1982 (c. 48), sections 77 and 78, Schedule 14, paragraph 42 and Schedule 16; and by the Finance Act 1989, section 16(2).
Section 150 was amended by the Commissioners for Revenue and Customs Act 2005, Schedule 4, paragraphs 20 and 25.
Section 151 was amended by the Magistrates' Courts Act 1980, section 154 and Schedule 7, paragraph 177.
Section 152 was amended by the Commissioners for Revenue and Customs Act 2005, section 52, Schedule 4, paragraphs 20 and 26 and Schedule 5.
Section 154 was modified by the Channel Tunnel (Customs and Excise) Order 1990 (S.I. 1990/2167), article 4 and the Schedule, paragraph 23.
Section 155 was amended by the Commissioners for Revenue and Customs Act 2005, Schedule 4, paragraphs 20, 21 and 27.
