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

Restricted and prohibited goods

Supply of restricted goods to Syria

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

(a)supplies or delivers, or agrees to supply or deliver, restricted goods to any person or destination in Syria, or

(b)does anything else calculated to promote the supply or delivery of restricted goods to any person or destination 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.

Exportation of restricted goods to Syria

5.—(1) A person to whom this Order applies (“P”) commits an offence if P knowingly exports, or attempts to export, restricted goods from the Territory—

(a)to any destination in Syria, or

(b)to any other destination for the purpose of delivery (directly or indirectly) to, or to the order of, any person in Syria.

(2) Restricted goods which are exported, or attempted to be exported, in contravention of paragraph (1) may be forfeited, disposed of or transferred as appropriate.

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

(4) If, but for this paragraph, P would be guilty of an offence under this article and article 4, P is not guilty of an offence under this article.

Provision of assistance related to the supply, sale, transfer, manufacture, maintenance or use of restricted goods

6.—(1) A person to whom this Order applies (“P”) commits an offence if P knowingly provides (directly or indirectly) assistance relating to—

(a)the sale, supply or transfer of restricted goods to a person or destination in Syria, or

(b)the maintenance, manufacture or use of restricted goods by a person in Syria.

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

Use of ships, aircraft and vehicles for carriage of prohibited goods to Syria

7.—(1) A person falling within paragraph (2) (“P”) commits an offence if P knowingly—

(a)uses a relevant ship or aircraft for the carriage of prohibited goods, or

(b)uses any vehicle within the Territory for the carriage of prohibited goods,

if the carriage is, or forms part of, carriage from any place outside Syria to any destination in Syria.

(2) The following persons fall within this paragraph—

(a)a person to whom this Order applies;

(b)in the case of a ship registered in the Territory, the owner or master of the ship;

(c)in the case of any other ship, the person to whom the ship is for the time being chartered if the person is a person to whom this Order applies;

(d)in the case of an aircraft registered in the Territory, the operator or commander of the aircraft;

(e)in the case of any other aircraft, the person to whom the aircraft is for the time being chartered if the person is a person to whom this Order applies; or

(f)in the case of a vehicle, the operator or driver of the vehicle.

(3) For the purposes of paragraph (1)(a), “a relevant ship or aircraft” is—

(a)a ship or aircraft registered in the Territory, or

(b)any other ship or aircraft that is for the time being chartered to a person to whom this Order applies.

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

(5) This article is without prejudice to any other provision of law prohibiting or restricting the use of ships, aircraft or vehicles.

Licences granted under articles 4 to 7

8.  The Governor may grant a licence under articles 4, 5, 6 or 7 in respect of—

(a)supplies and technical assistance intended solely for the support of, or use by, the United Nations Disengagement Observer Force;

(b)the sale, supply or delivery of non-lethal military equipment or of equipment which might be used for internal repression but which is intended solely for humanitarian or protective use, or for institution building programmes of the United Nations and the European Union, or for European Union and United Nations crisis management operations;

(c)the sale, supply or delivery of non-combat vehicles which have been manufactured or fitted with materials to provide ballistic protection and which are intended solely for humanitarian or protective use of personnel of the European Union and its Member States in Syria;

(d)the provision of technical assistance or brokering services related to the equipment or programmes or operations referred to in paragraphs (a) to (c);

(e)the provision of financing and financial assistance related to the equipment or programmes or operations referred to in paragraphs (a) to (c); or

(f)the sale, supply or delivery of protective clothing, including flak jackets and military helmets temporarily exported to Syria by United Nations personnel, personnel of the European Union or its Member States, representatives of the media and humanitarian and development work and associated personnel for their personal use only.