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Statutory Instruments

2015 No. 1546

Customs

The Export Control (Democratic Republic of Congo Sanctions and Miscellaneous Amendments and Revocations) Order 2015

Made

15th July 2015

Laid before Parliament

20th July 2015

Coming into force

11th August 2015

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972( 1 ) 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( 2 ).

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.

PART 1 Introductory

Citation, commencement and application I1

1. —(1) This Order may be cited as the Export Control (Democratic Republic of Congo Sanctions and Miscellaneous Amendments and Revocations) Order 2015 and comes into force on 11th August 2015.

(2) An offence may be committed under this Order—

(a) in the United Kingdom by any person;

(b) elsewhere by any person who is a United Kingdom person within the meaning of section 11 of the Export Control Act 2002( 4 ).

Revocations I2

2. The Orders specified in the Schedule to this Order are revoked.

Interpretation I3

3. —(1) In this Order—

the 1979 Act” means the Customs and Excise Management Act 1979( 5 );

EU authorisation” means an authorisation granted under Article 1b of the Democratic Republic of Congo Regulation;

the Democratic Republic of Congo Regulation” means Council Regulation (EC) No 1183/2005 ( 6 ) as amended by Council Regulation (EU) 2015/613( 7 ).

(2) An expression used both in this Order and the Democratic Republic of Congo Regulation has the meaning given in the Democratic Republic of Congo Regulation.

PART 2 Offences in relation to prohibitions in the Democratic Republic of Congo Regulation

Offences in relation to prohibitions in the Democratic Republic of Congo Regulation

F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 Supplementary provisions as to offences

Circumvention of prohibitions

F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 4 Enforcement and penalties

Penalties

F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of the 1979 Act

F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 5 General

Amendment to the Export Control (Sudan, South Sudan and Central African Republic Sanctions) Regulations 2014I4

9.The Export Control (Sudan, South Sudan and Central African Republic Sanctions) Regulations 2014( 8 ) are amended as follows—

(a) in article 3(1), for the definition of “the South Sudan Regulation”, substitute—

“the South Sudan Regulation” means Council Regulation (EU) 2015/735 ( 9 ) concerning restrictive measures in respect of the situation in South Sudan and repealing Regulation (EU) No 748/2014; ;

(b) in article 5—

(i) in paragraph (a), for “Article 2(a)”, substitute “Article 2(1)”;

(ii) in paragraph (b), for “Article 2(b)”, substitute “Article 2(2)”.

Amendment to the Export Control Order 2008I5

10.The Export Control Order 2008( 10 ) is amended as follows—

(a) in Part 2 of Schedule 4, omit “Guinea”;

(b) in Part 3 of Schedule 4, omit “Sierra Leone”;

(c) in Part 4 of Schedule 4—

(i) after “Ghana”, insert “Guinea”;

(ii) after “Serbia”, insert “Sierra Leone”.

Amendment to the Export Control (Syria Sanctions) Order 2013I6

11. In article 3(1) of the Export Control (Syria Sanctions) Order 2013, in the definition of “the Syria Regulation”, for the words “as last amended by Council Regulation (EU) No 1323/2014”, substitute “as last amended by Council Regulation (EU) No 827/2015( 11 )”.

Review I7

12. —(1) The Secretary of State must from time to time—

(a) carry out a review of this Order,

(b) set out the conclusions of the review in a report, and

(c) publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to the rules on penalties applicable to infringements of the provisions of the Democratic Republic of Congo Regulation and the measures taken to implement them in other member States.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by the rules on penalties applicable to infringements of the provisions of the Democratic Republic of Congo Regulation established by this Order and the measures taken to implement them,

(b) assess the extent to which those objectives are achieved, and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this Order must be published before the end of the period of five years beginning with the day on which this Order comes into force.

(5) Reports under this Order are afterwards to be published at intervals not exceeding five years.

Anna Soubry

Minister of State for Small Business, Industry and Enterprise

Department for Business, Innovation and Skills

Article 2

SCHEDULE Revocations I8

(1) (2)
Orders revoked References
The Export Control (Democratic Republic of Congo) Order 2005 S.I. 2005/1677
The Export Control (Democratic Republic of Congo) (Amendment) Order 2008 S.I. 2008/131
The Export Control (Amendment) (No. 4) Order 2009 S.I. 2009/2969
The Export Control (Guinea) Order 2010 S.I. 2010/364
The Export Control (Democratic Republic of Congo) (Amendment) (No. 2) Order 2008 S.I. 2008/1964
( 1 )

1972 c. 68 ; section 2(2) was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c. 51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7) .

( 2 )

S.I. 1994/757 , to which there are amendments not relevant to this Order.

( 3 )

2002 c. 28 .

( 4 )

2002 c. 28 .

( 5 )

1979 c. 2 .

( 6 )

OJ No L 193, 23.7.2005, p1.

( 7 )

OJ No L 102, 21.4.2015, p3.

( 9 )

OJ No L 117, 8.5.2015, p13.

( 10 )

S.I. 2008/3231 , to which there are amendments not relelvant to these Regulations.

( 11 )

OJ No L 132, 29.5.2015, p1.

Status: There are currently no known outstanding effects for the The Export Control (Democratic Republic of Congo Sanctions and Miscellaneous Amendments and Revocations) Order 2015.
The Export Control (Democratic Republic of Congo Sanctions and Miscellaneous Amendments and Revocations) Order 2015 (2015/1546)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
F1Arts. 4-8 omitted (31.12.2020) by virtue of The Democratic Republic of the Congo (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/433) , regs. 1(2) , 68(2) ; S.I. 2019/627 , reg. 5(2) ; 2020 c. 1 , Sch. 5 para. 1(1)omitted
F1Arts. 4-8 omitted (31.12.2020) by virtue of The Democratic Republic of the Congo (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/433) , regs. 1(2) , 68(2) ; S.I. 2019/627 , reg. 5(2) ; 2020 c. 1 , Sch. 5 para. 1(1)omitted
F1Arts. 4-8 omitted (31.12.2020) by virtue of The Democratic Republic of the Congo (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/433) , regs. 1(2) , 68(2) ; S.I. 2019/627 , reg. 5(2) ; 2020 c. 1 , Sch. 5 para. 1(1)omitted
F1Arts. 4-8 omitted (31.12.2020) by virtue of The Democratic Republic of the Congo (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/433) , regs. 1(2) , 68(2) ; S.I. 2019/627 , reg. 5(2) ; 2020 c. 1 , Sch. 5 para. 1(1)omitted
F1Arts. 4-8 omitted (31.12.2020) by virtue of The Democratic Republic of the Congo (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/433) , regs. 1(2) , 68(2) ; S.I. 2019/627 , reg. 5(2) ; 2020 c. 1 , Sch. 5 para. 1(1)omitted
I1Art. 1 in force at 11.8.2015, see art. 1(1)
I2Art. 2 in force at 11.8.2015, see art. 1(1)
I3Art. 3 in force at 11.8.2015, see art. 1(1)
I4Art. 9 in force at 11.8.2015, see art. 1(1)
I5Art. 10 in force at 11.8.2015, see art. 1(1)
I6Art. 11 in force at 11.8.2015, see art. 1(1)
I7Art. 12 in force at 11.8.2015, see art. 1(1)
I8Sch. in force at 11.8.2015, see art. 1(1)
Defined TermSection/ArticleIDScope of Application
EU authorisationart. 3. of PART 1EU_authori_rtbuKJy
the 1979 Actart. 3. of PART 1the_1979_A_rtmlMnp
the Democratic Republic of Congo Regulationart. 3. of PART 1the_Democr_rtNmRfY
This instrument is derived from the version at www.legislation.gov.uk. To see a list of all amendments (including any to be made) check the resources page for this instrument on their website. Note, the status of this instrument is given above.
This instrument is derived from the version at www.legislation.gov.uk. To see original commencement information, check the resources page associated with this instrument. n.b. commencement information for marked amendments is embedded in the relevant footnote.

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