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Sanctions update: business as usual for EU sanctions law pending Brexit

Today Parliament published The Export Control (Amendment) Order 2019 (SI No.989 of 2019), which will implement the most recent EU Regulations relating to export controls.

The order, while not a significant milestone, reflects the business as usual approach to the UK's policy on sanctions and export controls.  While we have seen a number of provisions towards developing an autonomous basis for UK sanctions law, reflecting contingency planning for a withdrawal from the EU, this new order, which takes effect from 30 June 2019, continues the day to day work of implementing existing EU Regulations.

The Order amends the Export Control Order 2008 (S.I. 2008/3231) (“the 2008 Order”) as follows:

  • Article 2(2) replaces references in the 2008 Order to Council Regulation (EC) No 1236/2005, which concerned trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment with references to Regulation (EU) 2019/125
  • Articles 2(3) and 2(4) amend Articles 36 and 36A of the 2008 Order to ensure that the offences relating to prohibitions and restrictions accurately cross-refer to the relevant provisions of Regulation (EU) 2019/125. 
  • Article 2(5) amends Schedule 2 to the 2008 Order which lists military goods, software and technology subject to export controls (“the UK list”). The content of the UK list reflects both domestic controls and an international export regime known as the Wassenaar Arrangement, which is given effect to in the European Union through the Common Military List
  • The amendments to Schedule 2 to the 2008 Order implement Commission Directive (EU) 2019/514 of 14th March 2019.  In short, this simplifies the terms and conditions of transfers within the European Union of defence-related products listed in the Annex to that Directive, which corresponds to the CML. 
  • Finally, Article 2(6) amends Schedule 4 to the 2008 Order to remove Eritrea from the list of countries embargoed and subject to transit control for military goods.  This is in line with the lifting of sanctions against Eritrea by the United Nations and the European Union.
The Export Control (Amendment) Order 2019 Made ~ 4th June 2019 Laid before Parliament ~ 6th June 2019 Coming into force ~ 30th June 2019


brexit, sanctions, business crime, fraud, criminal law and appeals