The Syria (Restrictive Measures) (Overseas Territories) Order 2012

Offences related to equipment, goods and technology listed in Annex I, IA or IX

9.—(1) A person to whom this Order applies (“P”) commits an offence if P knowingly —

(a)sells, supplies, transfers or exports (directly or indirectly) equipment which might be used for internal repression listed in Annex I to the Council Regulation to persons in Syria or for use in Syria;

(b)sells, supplies, transfers or exports (directly or indirectly) equipment, goods or technology which might be used for internal repression or for the manufacture and maintenance of products which might be used for internal repression listed in Annex IA to the Council Regulation to persons in Syria or for use in Syria;

(c)sells, supplies, transfers or exports (directly or indirectly) equipment, goods or technology which might be used for internal repression or for the manufacture and maintenance of products which might be used for internal repression listed in Annex IX to the Council Regulation to persons in Syria or for use in Syria;

(d)provides (directly or indirectly) technical assistance or brokering services related to the equipment, goods or technology which might be used for internal repression listed in Annex I or IA of the Council Regulation, to persons in Syria or for use in Syria;

(e)provides (directly or indirectly) technical assistance or brokering services related to the equipment, goods or technology listed in Annex IX to the Council Regulation, or related to the provision, manufacture, maintenance or use of goods included in that Annex, to persons in Syria or for use in Syria; or

(f)provides (directly or indirectly) financing or financial assistance related to the goods and technology listed in Annex I, IA or IX to the Council Regulation or for any provision of related technical assistance, brokering services or other services to persons in Syria or for use in Syria.

(2) Paragraph (1) does not apply if P is acting under the authority of a licence granted by the Governor under this article.

(3) Paragraph (1)(a) does not apply to protective clothing, including flak jackets and helmets, temporarily exported to Syria by United Nations personnel, personnel of the European Union or its Member States, representatives of the media or humanitarian and development workers and associated persons exclusively for their personal use.

(4) The Governor may grant a licence under this article to authorise a transaction—

(a)in relation to equipment referred to in paragraph (1)(a), if it is intended only for humanitarian or protective use;

(b)in relation to equipment, goods and technology referred to in paragraph (1)(b), if the goods or technology are for food, agricultural, medical or other humanitarian purposes;

(c)in relation to—

(i)equipment, goods or technology referred to in paragraph (1)(c),

(ii)technical assistance or brokering services referred to in paragraph (1)(e), or

(iii)financing or financial assistance referred to in paragraph (1)(f) and related to the goods and technology listed in Annex IX,

unless the Governor reasonably suspects that any such transaction is or may be intended to contribute to internal repression or for the manufacture and maintenance of products which might be used for internal repression; or

(d)in relation to—

(i)technical assistance referred to in paragraph (1)(d), or

(ii)financing or financial assistance referred to in paragraph (1)(f) and related to the equipment, goods or technology listed in Annex I or IA,

if one of the conditions in paragraph (5) is met.

(5) The conditions referred to in paragraph (4)(d) are that the technical assistance, financing or financial assistance is—

(a)technical assistance intended solely for the support of the United Nations Disengagement Observer Force,

(b)related to non-lethal military equipment, or equipment which might be used for internal repression, intended solely for humanitarian purposes or protective use or for institution building programmes of the UN and the European Union, or for European Union or UN crisis management operations, or

(c)non-combat vehicles fitted with materials to provide ballistic protection, intended solely for the protective use of personnel of the European Union and its Member States in Syria.