Statutory guidance

Syria cultural property sanctions: guidance

Published 31 December 2020

As required by section 43 of the Sanctions and Anti-Money Laundering Act 2018 (‘the Sanctions Act’), the Secretary of State for Foreign, Commonwealth and Development Affairs has provided this guidance to assist in the implementation of, and compliance with, the Syria (United Nations Sanctions) (Cultural Property) (EU Exit) Regulations 2020 (the ‘Regulations’), as amended from time to time.

As required by the Sanctions Act, this document contains guidance on the prohibitions and requirements imposed by the Regulations. It additionally provides guidance on best practice for complying with the prohibitions and requirements; the enforcement of them; and circumstances where they do not apply.

This document is intended to be read alongside more detailed sanctions guidance published by the Department for International Trade (DIT). This document contains links to those key sources of sanctions guidance, which will be regularly maintained and updated on GOV.UK. It is designed to give an overview of the prohibitions and requirements in the Regulations and, where appropriate, direct readers to further detailed guidance. This document is current on the date of publication.

1. Prohibitions and requirements imposed by the Syria (United Nations Sanctions) (Cultural Property) (EU Exit) Regulations 2020

The Regulations impose trade sanctions for the purpose of giving effect to the United Kingdom’s obligations under United Nations Security Council Resolution 2199 (2015) (‘UNSCR 2199’).

UNSCR 2199 includes an obligation to take steps to prevent the trade in Syrian cultural property and other items of archaeological, historical, cultural, rare scientific and religious importance illegally removed from Syria since 15 March 2011, thereby allowing for their eventual safe return to the Syrian people.

In order to achieve the stated purpose, the Regulations impose a number of prohibitions and requirements. In order to enforce these, the Regulations establish penalties and offences, which are set out in detail in the corresponding report under section 18 of the Sanctions Act in relation to criminal offences.

The prohibitions and requirements imposed by the Regulations apply within the territory of the United Kingdom (UK) (including Northern Ireland) and in relation to the conduct of all UK persons wherever they are in the world. UK persons includes British nationals, as well as all bodies incorporated or constituted under the law of any part of the UK. Accordingly, the prohibitions and requirements imposed by the Regulations apply to all companies established in any part of the UK, and they also apply to branches of UK companies operating overseas.

The maritime enforcement powers contained in Part 6 of the Regulations apply in relation to British ships in international or foreign waters, ships without nationality in international waters and foreign ships in international waters.

It is prohibited to intentionally participate in any activities if you know that the object or effect of them is directly or indirectly to circumvent the prohibitions imposed by the Regulations or to enable or facilitate the contravention of those prohibitions.

If you are unclear about any aspect of the Regulations, in particular about whether action you are considering taking could contravene the Regulations, you are advised to seek independent legal advice.

Prohibitions and requirements for the trade sanctions contained in the Regulations are set out below.

1.1 Trade sanctions

The Regulations impose trade prohibitions relating to illegally removed Syrian cultural property. Further detail on these trade prohibitions, including key terminology used, is explained below. Please have regard to the relevant legislation which contains full definitions of terms used herein.

Regulation 5 defines “illegally removed Syrian cultural property” as Syrian cultural property or any other item of archaeological, historical, cultural, rare scientific or religious importance illegally removed from any location in Syria on or after 15 March 2011.

Regulations 7-12 prohibit the export and import and the direct or indirect supply, delivery, making available and acquisition of illegally removed Syrian cultural property. They also prohibit the direct or indirect provision of financial services, funds or brokering services in connection with an arrangement whose object or effect is one of these prohibited acts. A person who holds or controls illegally removed Syrian cultural property must secure its transfer to a constable.

Export of illegally removed Syrian cultural property

The concept of ‘export’ is set out in customs legislation, but is further detailed in Paragraph 32 of Schedule 1 to the Sanctions Act, which clarifies that “export” means export from the UK, but does not capture where goods are removed to the Isle of Man from the UK. The export of illegally removed Syrian cultural property is prohibited under the Regulations.

A sanctions licence is not required for exports of non-military goods covered by the Regulations from Northern Ireland to an EU Member State where the final destination is Syria. You will however have to comply with any licensing requirements that apply in the relevant EU Member State for the onward export to Syria. You will also have to comply with any other licensing requirements under UK export control legislation as applicable.

Import of illegally removed Syrian cultural property

The import of illegally removed Syrian cultural property is prohibited under the Regulations. The concept of ‘import’ is set out in customs legislation, but is further detailed in Paragraph 33 of Schedule 1 to the Sanctions Act. This clarifies in particular that goods removed to the Isle of Man are not to be regarded as imported. Paragraph 34 details limited exceptions to this.

Supply and delivery of illegally removed Syrian cultural property

Supply and delivery prohibitions in the Regulations prohibit a person from directly or indirectly supplying or delivering illegally removed Syrian cultural property from a third country to any other third country. Regulation 8 specifies that a third country is a country that is not the UK or the Isle of Man.

Making available or acquisition of illegally removed Syrian cultural property

These prohibitions prohibit a person from directly or indirectly:

1. making available (e.g. through a sale) illegally removed Syrian cultural property to another person
2. acquiring illegally removed Syrian cultural property from another person

Financial services and funds relating to illegally removed Syrian cultural property

‘Financial services’ refer to any services of a financial nature in many different forms including insurance and banking. Financial services include payment and money transmission services. The full definition of ‘financial services’ can be found in Section 61 of the Sanctions Act.

‘Funds’ means financial assets and benefits of every kind, including cash, securities and interest. The full definition of ‘funds’ can be found in Section 60 of the Sanctions Act.

Trade sanctions prohibitions on the provision of financial services and funds apply where they relate to certain specified goods or technology.

The prohibitions in the Regulations apply to the direct or indirect provision to another person of financial services or funds in pursuance of or in connection with an arrangement relating to illegally removed Syrian cultural property, as set out in the Regulations. This captures arrangements the object or effect of which falls into one of the prohibitions concerning illegally removed Syrian cultural property, for example the export or import of illegally removed Syrian cultural property.

Brokering services

The definition of ‘brokering services’ is set out in regulation 6, which states that it means any service to secure, or otherwise in relation to, an arrangement, including (but not limited to):

• the selection or introduction of persons as parties or potential parties to the arrangement
• the negotiation of the arrangement
• the facilitation of anything that enables the arrangement to be entered into, and the provision of any assistance that in any way promotes or facilitates the arrangement

The Regulations prohibit the direct or indirect provision of brokering services where they relate to specific arrangements involving illegally removed Syrian cultural property. Those arrangements are set out in regulation 11(1).

The Department for Digital, Culture, Media and Sport (DCMS) has overall responsibility for cultural property policy. For general enquiries on cultural property issues, contact the DCMS Cultural Property Unit:

email: culturalpropertymailbox@dcms.gov.uk

It is not possible to get a trade sanctions licence for cultural property. For enquiries and guidance on export licences for cultural property, contact the Export Licensing Unit at Arts Council England:

email: elu@artscouncil.org.uk

2. How will these sanctions measures be enforced?

The Regulations make it a criminal offence to contravene the trade sanctions, as well as to enable or facilitate a contravention of, or to circumvent, any of the prohibitions in the Regulations. They also prescribe the mode of trial and penalties that apply to such offences. In some cases, offences related to contraventions of prohibitions in the Regulations are contained within other legislation, such as the Customs and Excise Management Act 1979 (CEMA).

In addition to the below, further details on offences and penalties can be found in the corresponding report under section 18 of the Sanctions Act.

2.1 Trade sanctions

Any breach of the trade sanctions prohibitions in the Regulations is triable either way and carries a maximum sentence on indictment of 10 years’ imprisonment or a fine (or both).

HM Revenue and Customs (HMRC) is responsible for enforcing the trade prohibitions and investigating suspected offences.

If you discover that you have breached any of the trade prohibitions, you should report the irregularity to HMRC (sometimes known as ‘voluntary disclosure’) as soon as possible. If the irregularity was found in an Export Control Joint Unit compliance audit, the compliance inspector will have informed HMRC and you are strongly advised to do the same. Guidance is available on how to make a voluntary disclosure.

3. Are there circumstances when I can get an authorisation or licence for a sanctioned activity?

Licensing and exception provisions are contained in Part 3 of the Regulations.

3.1 Exceptions

The Regulations set out exceptions to some of the sanctions 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. However, other types of licence, such as an export licence, might still be required.

The Regulations provide an exception for anything done to facilitate the safe return of cultural property to its legitimate owners in Syria in accordance with the objectives of paragraph 17 of UNSCR 2199.

The Regulations also include an exception in relation to any prohibition or requirement imposed by the Regulations for actions which a responsible officer has determined to be in the interests of national security, or the prevention or detection of serious crime in the UK or elsewhere.

If you are unsure whether an exception applies in your circumstances, you are advised to seek independent legal advice.

3.2 Licensing for trade sanctions

The Regulations do not contain a power to issue licences in respect of trade sanctions.

4. Further information

Sign up to receive Notices to Exporters and view the Notices to Importers for updates on trade sanctions.