Circular on United Nations Sanctions (Somalia) Regulation 2019; and United Nations Sanctions (Somalia) (Repeal) Regulation

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e-mail address : enquiry@tid.gov.hk

Ref. : TRA CR 1006/15

29 March 2019

Dear Sirs,

This is to announce for general information that on 29 March 2019 the Government gazetted the United Nations Sanctions (Somalia) Regulation 2019 ("the 2019 Somalia Regulation") (L.N. 55 of 2019) and the United Nations Sanctions (Somalia) (Repeal) Regulation ("the Somalia Repeal Regulation") (L.N. 56 of 2019).

2.Made under section 3 of the United Nations Sanctions Ordinance (Cap. 537), the 2019 Somalia Regulation implements all sanctions and exemptions imposed by the United Nations Security Council (UNSC) on Somalia, including those extended by UNSC Resolution 2444, using modernised provisions to improve tidiness and readability of the legislation. Consequential to the making of the 2019 Somalia Regulation, the Somalia Repeal Regulation repeals the United Nations Sanctions (Somalia) Regulation.

3.The sanctions implemented under the 2019 Somalia Regulation include:

• prohibition against the supply and carriage of any weapons or military equipment to Somalia or connected persons;
• prohibition against the provision of assistance related to military activities to connected persons; and the provision of assistance related to military activities or to the supply, manufacture, maintenance or use of any prohibited goods to certain persons;
• prohibition against the import of charcoal from Somalia;
• prohibition against making available economic assets to certain persons or entities, or dealing with economic assets of such persons or entities; and
• prohibition against the entry into or transit through the Hong Kong Special Administrative Region by certain persons.

4.An English version and a Chinese version of the UNSC documents relating to the 2019 Somalia Regulation and the Somalia Repeal Regulation are available at the Information Counter on 1/F, Trade and Industry Tower for public inspection. These documents can also be found at UN website http://www.un.org.

5.Contravention to the prohibitions imposed by the 2019 Somalia Regulation attracts substantial penalties which may amount in some cases to imprisonment for 7 years and/or a fine.

6.This circular is NOT a statement of the Laws of Hong Kong and has NO legal status. Anyone interested in the 2019 Somalia Regulation and the Somalia Repeal Regulation should refer to the Government Gazette for details. The prohibitions in the 2019 Somalia Regulation will apply to any person and company/registered business irrespective of and notwithstanding the possession of valid licences issued by the Director-General of Trade and Industry under the Import and Export Ordinance (Cap. 60) and its subsidiary legislation and other Enactments.

7.Enquiries concerning this circular can be directed to the undersigned at tel. no. 2398 5490.

Yours faithfully,

(Miss Samantha CHENG)
for Director-General of Trade and Industry

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Note: While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same.