The Syria (Restrictive Measures) (Overseas Territories) (Amendment) Order 2017
| Jurisdiction | UK Non-devolved |
| Citation | SI 2017/169 |
2017 No. 169
Overseas Territories
The Syria (Restrictive Measures) (Overseas Territories) (Amendment) Order 2017
Made 15th February 2017
Laid before Parliament 22th February 2017
Coming into force 15th March 2017
At the Court at Buckingham Palace, the 15th day of February 2017
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred on Her by section 112 of the Saint Helena Act 18331, the British Settlements Acts 1887 and 19452, and all of the other powers enabling Her to do so, is pleased, by and with the advice of Her Privy Council, to order as follows:
Citation, commencement, interpretation and extent
1.—(1) This Order may be cited as the Syria (Restrictive Measures) (Overseas Territories) (Amendment) Order 2017 and comes into force on 15th March 2017.
(2) In this Order, “the principal Order” means the Syria (Restrictive Measures) (Overseas Territories) Order 20123.
(3) This Order extends to the territories listed in Schedule 1 to the principal Order.
Amendments to the principal Order
The principal Order is amended as follows.
2. The principal Order is amended as follows.
3. In article 2(1)4—
(a) for the definition of “financing and financial assistance”, substitute—
““financing and financial assistance” includes grants, loans and export credit insurance, insurance and reinsurance and, in articles 11 and 11A, also includes financial derivatives;”;
(b) in the definition of “insurance” omit “natural or legal”; and
(c) omit the definition of “person”.
4. For article 115, substitute—
“Offences related to crude oil and petroleum products listed in Annex IV
11.—(1) A person to whom this Order applies (“P”) commits an offence if P knowingly—
(a)
(a) imports crude oil or petroleum products listed in Annex IV to the Council Regulation into the Territory if the products originated in Syria, or have been exported from Syria;
(b)
(b) purchases crude oil or petroleum products listed in Annex IV to the Council Regulation which are located in or which originated in Syria;
(c)
(c) transports crude oil or petroleum products listed in Annex IV to the Council Regulation if the products originated in Syria, or are being exported from Syria to any other country;
(d)
(d) provides (directly or indirectly) financing or financial assistance related to the import of crude oil and petroleum products listed in Annex IV to the Council Regulation if the products originated in Syria, or have been imported from Syria; or
(e)
(e) provides (directly or indirectly) financing or financial assistance related to the purchase or transport of crude oil and petroleum products listed in Annex IV to the Council Regulation if the products originated in Syria, or have been imported from Syria.
(2) Paragraph (1) does not apply to—
(a)
(a) the execution of an obligation arising from a contract concluded before 12th July 2012; or
(b)
(b) the purchase of crude oil or petroleum products which had been exported from Syria before 12th July 2012 or, where the export was made pursuant to sub-paragraph (a), on or before the date on which the relevant obligation was executed,
if the person seeking to perform the obligation concerned has notified the transaction or activity to the Governor at least 7 working days in advance.
(3) Sub-paragraphs (b), (c) and (e) of paragraph (1) also do not apply—
(a)
(a) where paragraph (4) applies; or
(b)
(b) if P is acting under the authority of a licence granted by the Governor under paragraph (5).
(4) This paragraph applies to—
(a)
(a) the purchase or transport in Syria of petroleum products or the related provision of financing or financial assistance by public bodies or by persons which receive public funding from the European Union or Member States of the European Union to provide humanitarian relief or assistance to the civilian population in Syria, provided that such products are purchased or transported for the sole purposes of providing humanitarian relief in Syria or assistance to the civilian population in Syria; or
(b)
(b) the purchase or transport in Syria of petroleum products or the related provision of financing or financial assistance by a diplomatic or consular mission, where such products are purchased or transported for official purposes of the mission.
(5) The Governor may, with the consent of the Secretary of State, grant a licence under this article for the purchase or transport in Syria of petroleum products or the provision of related financing or financial assistance provided that such purchase, transport or related financing or financial assistance—
(a)
(a) is for the sole purpose of providing humanitarian relief in Syria or assistance to the civilian population in Syria; and
(b)
(b) does not breach any of the other prohibitions in this Order.”.
5. In article 11A(1)(b)6, omit “(including financial derivatives, insurance and reinsurance)”.
6. In articles 26(2) and 27(3), for “articles 31 and 33” substitute “articles 29A, 31...
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