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NOTICE TO EXPORTERS - August 1999
A summary of the main features of the 1999 UN arms embargo imposed on Sierra Leone as implemented in the UK.
UN Security Council Resolution (UNSCR) 1171 requires States to "prevent the sale or supply, by their nationals or from their territories, or using their flag vessels or aircraft, of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned, to Sierra Leone other than to the Government of Sierra Leone through named points of entry on a list to be supplied by that Government to the Secretary-General."
It also says that these restrictions "shall not apply to the sale or supply of arms and related materiel for the sole use in Sierra Leone of the Military Observer group of the Economic Community of West African States (ECOMOG ) or to the United Nations."
Finally, it stipulates that States "shall report all exports from their territory of arms or related materiel to Sierra Leone to the Committee established by resolution 1132". This Committee is known as the Sanctions Committee.
The embargo is implemented in UK law by an Order in Council under the United Nations Act 1946, namely the United Nations Arms Embargoes (Liberia, Somalia and the Former Yugoslavia) Order 1993, as amended inter alia by the United Nations Arms Embargoes (Amendment) (Sierra Leone) Order 1998. Similar Orders in Council implement the embargo in the Isle of Man, the Channel Islands and the Dependent Territories.
The Order states that, "except under the authority of a licence granted by the Secretary of State, no person shall:
goods entered in Part III of Schedule 1 to the Export of Goods (Control) Order (commonly known as the UK Military List) to "Sierra Leone or to, or to the order of, a person connected with Sierra Leone, or to any destination for the purpose of delivery, directly or indirectly to Sierra Leone." No definition is given in the Order in Council of "acts likely to promote" supplies or deliveries and, if necessary, you should seek legal advice.
In addition, under the Order in Council, except under a licence granted by the Secretary of State, no ships or aircraft registered in the UK or chartered to a British National (or other persons set out in the Order) may be used to carry prohibited goods to Sierra Leone.
Licences required under the Order in Council are issued by the Secretary of State acting through the Export Control Organisation (ECO). All licence applications are circulated to other departments with an interest as determined by those departments in line with their requirements. The main departments concerned are the Foreign and Commonwealth Office, the Ministry of Defence and the Department for International Development.
The controls apply irrespective of whether the goods are to be supplied, delivered or carried from the UK or somewhere else.
The controls apply to all end-users (other than ECOMOG and the UN) in Sierra Leone and the definition of a person connected with Sierra Leone is set out in the Order in Council.
On 5 July 1999, ECO issued an Open General Licence: Government of Sierra Leone, allowing acts likely to promote the supply or delivery of goods on the UK Military List to the Government of Sierra Leone. This OGEL has since been updated.
For more information contact the ECO.
This Guidance Note has no force in law, and if in doubt you are advised to refer to the text of the relevant Orders in Council and, if necessary, seek legal advice.
Export Control Organisation
August 1999
