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Uzbekistan, EU Sanctions, November 2005

The European Union adopted Council Common Position 2005/792/CFSP (O.J.L299.16.11.2005.p72) on Uzbekistan on 14 November 2005.  The powers come into force on 26 November.  The full range of measures are as follows:

• A ban on the sale, supply, transfer or export of arms and related materiel to Uzbekistan, from EU Member States’ territory, by their nationals, or using their flagged vessels and aircraft;

• A ban on the sale, supply, transfer or export of listed equipment which might be used for internal repression to Uzbekistan; 

• A ban on the provision of technical assistance, brokering services and other services to any person, entity or body in, or for use in Uzbekistan for
  (i) military activities and to the provision, manufacture, maintenance and use of arms and related materiel,
  (ii) equipment which might be used for internal repression.

• A ban on the provision of financing or financial assistance to any person, entity or body, in or for use in Uzbekistan for
  (i) military activities including the sale, supply, transfer or export of arms and related materiel,
  (ii) the provision of related technical assistance, brokering services and other services,
  (iii) equipment which might be used for internal repression.

• A travel ban (with certain defined exemptions) against named individuals.

Council Regulation adopted

Council Regulation (EC) 1859/2005 (O.J.L299.16.11.2005.p23) was also adopted on 14 November.  This prohibits the following

• the sale supply, transfer or export of equipment which might be used for internal repression as listed in Annex I to the Regulation, whether or not originating in the Community, directly or indirectly to any person, entity or body in, or for use in Uzbekistan; as well as
  -    the provision of technical assistance related to such equipment directly or indirectly to any person, entity or body in, or for use in Uzbekistan; and
  -   the provision of financing or financial assistance related to such equipment, directly or indirectly to any person, entity or body, or for use in Uzbekistan;
  -   the participation, knowingly or intentionally, in activities the object or effect of which is directly or indirectly, to promote the transactions referred to above is also banned.
   
• the provision of technical assistance related to military activities and to the provision, manufacture, maintenance and use of arms and related materiel, directly or indirectly to any person, entity or body in, or for use in Uzbekistan as well as
  -   the provision of financing or financial assistance to the above and for other services,  directly or indirectly to any person, entity or body in, or for use in Uzbekistan
  -   the participation, knowingly and intentionally, in activities the object or effect of which is to promote the transaction referred to above is also banned

Non-applicable measures

Measures set out in the Common Position and Regulation do not apply - although a licence must still be applied for in the normal way - when the equipment, services or assistance are for use by

• the forces in Uzbekistan of contributors to the International Security Assistance Force (ISAF) and Operation Enduring Freedom (OEF); or is
• non-lethal military equipment intended solely for humanitarian or protective use, for institution building programmes of the UN, EU and the Community, or for EU and UN crisis management operations; or where
• protective clothing is temporarily exported to Uzbekistan by UN personnel, personnel of the EU, the Community or its Member States, representatives of the media and humanitarian and development workers and associated personnel exclusively for their personal use.

Licensing and enforcement powers for the Regulation

The Export Control (Uzbekistan) Order 2005 (SI 2005/3257), which came into force on 26 November 2005, provides licensing and enforcement powers for the Council Regulation.

Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003

Uzbekistan has been added to Schedule 3 of the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 (SI 2003/2764).

Trade in Controlled Goods (Embargoed Destinations) Order 2004

In addition Uzbekistan has been added to the list of destinations covered by the provisions of the Trade in Controlled Goods (Embargoed Destinations) Order 2004 (SI 2004/318). This introduced extra-territorial controls on trade (trafficking and brokering) in arms and related materiel from a country outside the UK to specified embargoed destinations.

For further details of strategic export controls please contact
ECO Helpline
Department for Business, Enterprise and Regulatory Reform
Kingsgate House
66-74 Victoria Street
London SW1E 6SW
Fax 020 7215 0531
email eco.help@dti.gsi.gov.uk

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

Department of Trade & Industry
Export Control Organisation
November  2005
XNP Notice   19/05