Notice

NTI 2951: Syria import sanctions

Published 1 July 2021

Syria 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 Syria. 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 Syria (Sanctions) (EU Exit) Regulations 2019 came into full force on 1 January 2021 and have replaced, with substantially the same effect, relevant existing EU legislation, corresponding prohibitions in the Open General Import Licence and related UK regulations.

2) The regulations impose trade sanctions for the purposes of encouraging the Syrian regime to refrain from actions, policies or activities which repress the civilian population in Syria, and to participate in negotiations in good faith to reach a negotiated political settlement to bring about a peaceful solution to the conflict in Syria.

Import prohibitions

3) There are two import prohibitions specified in the Syria Sanctions Regulations that are set out below:

Regulation 36

The import of the following goods is prohibited:

• arms and related materiel
  • this includes all military goods, and anything which falls within chapter 93 of the Goods Classification table, other than military goods
• crude oil and petroleum products

Imports of these goods are prohibited where they are consigned from or originate from Syria. This means that even if the immediate place the goods were shipped from was not Syria, the prohibition may still apply.

Regulation 42

Prohibits the import of gold, precious metals or diamonds consigned from a ‘Syrian regime person’. This means that even if the immediate place the goods were shipped from was not Syria, the prohibition may still apply.

Gold, precious metals or diamonds are defined in regulation 25 as anything which falls within the following commodity codes:

• 7102
• 7106
• 7018
• 7109
• 7110
• 7111
• 7112

A ‘Syrian Regime person’ is defined in regulation 27(6) as:

a) The Syrian regime;

i. ‘The Syrian regime’ is defined as the regime in Syria on or after 9 May 2011 led by Bashar Al-Assad and includes its public bodies, corporations or agencies, or any person acting on its behalf or at its direction.

b) The Central Bank of Syria;

c) A person acting on behalf, or at the direction, of a person mentioned (a) or (b)

d) A person who is not an individual and who is owned or controlled directly or indirectly (within the meaning of regulation 7) by a person mentioned in (a) or (b).

Exceptions

4) Part 7 of the regulations also set 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 Syria Sanctions Regulations that is set out below:

Regulation 60

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 licences

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 the import of the goods mentioned in Regulations 36 and 42, under Regulation 62, the Secretary of State for International Trade is ultimately responsible for decisions to grant or refuse a trade sanctions licence in any individual case.

7) In line with the requirements of the Northern Ireland Protocol, licences are not required for non-military imports or exports of goods covered by sanctions between Northern Ireland and EU Member States. Licences will however be required from the relevant EU Member State to move items to or from the sanctioned country. You will also have to comply with any other licensing requirements under UK import or export control legislation as applicable.

Enforcement of trade sanctions

8) The Customs and Excise Management Act 1979 (CEMA) makes it a criminal offence to contravene 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 79 of the Syria (Sanctions) (EU Exit) Regulations 2019, 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.

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

10) 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.