Appendix 2
S.I. 2012/3065, 3066, 3067 and 3068: memorandum
from the Foreign and Commonwealth Office
Somalia (Sanctions) (Overseas
Territories) Order 2012 (S.I. 2012/3065)
Democratic People's Republic of
Korea (Sanctions) (Overseas Territories) Order 2012 (S.I. 2012/3066)
C¼te d'Ivoire (Sanctions)
(Overseas Territories) Order 2012 (S.I. 2012/3067)
Guinea-Bissau (Sanctions) (Overseas
Territories) Order 2012 (S.I. 2012/3068)
1. The Committee also requested
a memorandum on the following points:
Why do articles 4(10), 7(10), 8(4)
and 9(2) of S.I. 2012/3065 not state that articles 4, 7, 8 and
9 are subject to article 11 as well as article 10?
The same question applies, with the
necessary modifications, to articles 4, 7, 8 and 9 of S.I. 2012/3066,
articles 4, 7, and 8 of S.I. 2012/3067, and article 4 of S.I.
2012/3068.
2. The drafting of S.I.s 2012/3065,
3066, 3067 and 3068 follows the model of S.I. 2012/2751 (The Eritrea
(Sanctions) (Overseas Territories) Order 2012) and S.I. 2012/2753
(The Zimbabwe (Sanctions) (Overseas Territories) Order 2012) which
were considered by the Committee in its 13th Report
dated 11th December 2012. The Eritrea Order was drafted
with the assistance of Parliamentary Counsel to serve as a model
for the implementation of sanctions measures in the UK overseas
territories and subsequent orders relating to other sanctions
regimes (which generally follow a consistent approach) have been
based on this draft.
3. Article 10 of S.I. 2012/3065
provides for the Governor to issue a licence to authorise activities
which would otherwise constitute an offence under articles 4,
7, 8 or 9. Licences issued under article 10 are likely to be
the principal focus of interest for users of the instrument which
is why article 10 was mentioned by cross-reference in the earlier
provisions. It was not thought necessary to draw attention in
the same way to article 11 which concerns licences granted elsewhere
in relation to conduct outside the Territory. Article 11 has effect
notwithstanding the absence of a cross-reference to it in the
earlier articles. However, the FCO acknowledges that drawing
attention to both licensing provisions in the earlier provisions
has the merit of consistency and is content to follow that practice
in future overseas territories sanctions orders.
4. The same response applies to
S.I. 2012/3066, 2012/3067 and 2012/3068 with the necessary modifications.
Foreign and Commonwealth Office
28 January 2013
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