The Treasury advises that the above Order has been made and comes into effect on 17 March 2017, making various amendments to existing export control legislation in the Island.
It applies in the Island the Export Control (Amendment) (No. 2) Order 2017 (“the applied Order”) which amends the Export Control Order 2008 to make provision for the enforcement of trade restrictions in relation to certain goods which could be used for capital punishment, torture or cruel, unhuman or degrading treatment or punishment.
The applied Order introduces into domestic law, criminal offences and penalties for breach of trade controls contained in Council Regulation (EC) No 1236/2005 (the “torture Regulation”), which has recently been amended by Regulation (EU) 2016/2134 of the European Parliament and of the Council (the “Amending Regulation”). It thereby brings the Island’s export and trade control legislation into line with that in the United Kingdom.
The torture Regulation details measures to regulate trade in certain goods, including a ban on the export and import of equipment that could be used for torture or capital punishment (“Annex II goods”). There are also provisions that allow for licensing the export of goods, such as for legitimate law enforcement purposes (“Annex III goods”). New Annex IIIa and Annex IIIb to the torture Regulation relate to the granting of licences for drugs used in medicines, but which may also have potential use in execution by lethal injection.
Enforcement of the trade restrictions involves new offences and penalties relating to the prohibition of -
- the transit within the customs territory of the EU (which includes the Isle of Man) of Annex II goods and, in certain circumstances, goods in Annex III and Annex IIIa;
- the provision of brokering services for Annex II goods;
- the provision of training for Annex II goods;
- the display or offering for sale of any Annex II goods at an exhibition or fair taking place within the EU; and
- the sale or purchase of advertising space or time for Annex II goods.
The Amending Regulation also introduces new authorisation requirements for brokering and on the provision of technical assistance in relation to items listed in Annex III and the new Annex IIIa. The applied Order creates criminal offences where those services are provided without the necessary authorisation being in place.
The penalties involved are custody for up to 3 months, a fine not exceeding £1,000, or both for conviction in summary proceedings; or custody for up to 2 years, a fine, or both for conviction on information.
For more information on the new Order and export controls in general please contact Customs and Excise or see the sanctions and export control webpage.
