Notice

NTI 2950: Somalia import sanctions

Published 1 July 2021

Somalia import sanctions

This notice provides an overview of the import prohibitions in force on certain goods imported into the UK, including Northern Ireland, that have originated or are consigned from Somalia. It also sets out the licensing process for traders looking to import goods subject to prohibitions.

This notice should be read alongside the statutory guidance published by the Foreign, Commonwealth and Development Office (FCDO). This notice has no legal effect, and in case of conflict with the statutory guidance published by the FCDO, the statutory guidance will prevail.

Background

1) The Somalia (Sanctions) (EU Exit) Regulations 2020 came into force on 1 January 2021 and have replaced, with substantially the same effect, relevant existing EU legislation.

2) The regulations impose financial, trade and immigration sanctions for the purpose of giving effect to the UK’s obligations under United Nations Security Council Resolutions including:

• 733 (1992)
• 1844 (2008)
• 2036 (2012)
• 2498 (2019) (‘UNSCR 733’, ‘UNSCR 1844’, ‘UNSCR 2036’, UNSCR 2498’) and the additional statutory purposes set out in the regulations

This sanctions regime is aimed at promoting the peace, security and stability of Somalia.

Import prohibitions

3) There is one import prohibition specified in the Somalia Sanctions Regulations that is set out below:

Regulation 37

The import of the following goods is prohibited:

• charcoal
  • This is defined in regulation 19 as anything which falls within commodity code 4402.

This good is prohibited where it is:

• consigned from or originating in Somalia. This means that even if the immediate place the goods were shipped from was not Somalia, the prohibition may still apply

Exceptions

4) Part 6 of the Regulations also sets out exceptions to some of the import prohibitions which apply within certain defined circumstances. An exception applies automatically and does not require you to obtain a licence issued in accordance with the Regulations.

There is one exception specified in the Somalia Sanctions Regulations that is set out below:

Regulation 46

The prohibitions mentioned above do not apply if the act is one which a “responsible officer” (for example, a government or agency official) has determined would be in the interests of national security, or the prevention or detection of serious crime in the United Kingdom or elsewhere.

Trade sanction licenses

5) A licence is a written authorisation that permits an otherwise prohibited activity. DIT’s Import Licensing Branch (ILB) is responsible for administering the licensing provisions on behalf of the Secretary of State for all trade sanction licence applications from importers.

6) Whilst there are no licensing grounds on which to apply for a licence in relation to import of the goods mentioned in Regulation 37, under Regulation 48, the Secretary of State for International Trade is ultimately responsible for decisions to grant or refuse a trade sanctions licence in any individual case.

Enforcement of trade sanctions

7) The Customs and Excise Management Act 1979 (CEMA) makes it a criminal offence to contravene the trade sanctions.

Some breaches of the import sanctions prohibitions are triable either way and carry a maximum sentence on indictment of 7 years’ imprisonment or a fine (or both). Under section 63 of the Somalia (Sanctions) (EU Exit) Regulations 2020, the maximum sentence has been modified to 10 years’ imprisonment.

Any breach of the trade licensing provisions or information requirements in connection with general trade licences is also triable either way and carries a maximum sentence on indictment of 2 years’ imprisonment or a fine (or both). Please refer to part 4 of the CEMA for full details.

8) HM Revenue and Customs (HMRC) is responsible for enforcing the licensing restrictions and investigating suspected offences.

9) If you discover that you have breached any of the trade prohibitions or licensing provisions, you should report the irregularity to HMRC (sometimes known as ‘voluntary disclosure’) as soon as possible.

Enquiries

For further information on the import controls, contact [email protected].

For information on export controls:

• contact the Export Control Joint Unit (ECJU) on 020 7215 4594
• email [email protected]
• subscribe to the ECJU’s notices to exporters

For specific queries on export-related trade sanctions, contact [email protected].

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This document is for information purposes only and has no force in law. Please note that where legal advice is required, importers should make their own arrangements.