TNAG-2680-FCO40-3877-Implementation-of-United-Nations-sanctions-by-Hong-Kong-agai-1993 — Page 114

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UN SANCTIONS AGAD

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PTUGOSLAVIA: IMPLEMENTATION OF UNSCR 713

1. In the course of answering enquiries about an alleged breach of UNSCR 713 (the UN Arms Embargo against Yugoslavia) by a Hong Kong Company, Annette Lee, Assistant Political Adviser in the Hong Kong Government Office, has asked for confirmation that her understanding of the position regarding the implementation of UNSCR 713 in the UK and Hong Kong is correct. Paragraph 1 of her teleletter of 11 December (copy attached) refers.

2.

You will see that Annette Lee may have gained the impression from Jessica Pearce's letter of 4 July (copy attached) that the EC Arms Embargo has been implemented in the UK by means of an EC Council Regulation and thus has direct effect in UK law. However, Edward Oakden ECD (E) has advised that the EC Arms Embargo was an EPC Agreement, which is not legally binding and that there was no Council Regulation.

3.

As far as I am aware, there were no Orders in Council made under the UN Act to implement UNSCR 713 in the UK, Hong Kong, or the other Dependent Territories. However, as I would like to be sure of my facts before I reply to Annette Lee, I would be grateful if you would confirm that my understanding is correct.

4.

on the assumption that UNSCR 713 has not been implemented by an Order in Council, I would be grateful for your views on how satisfactory this is from a legal stand point. I understand Roy Crouch (DTI Sanctions Unit) raised the same point with Tony Aust before Christmas, but has yet to receive a reply. In practice both the UK and Hong Kong implement UNSCR 713 under their existing licensing systems and are operating a policy under which all licence applications for the export of military goods to 'Yugoslavia' are refused. If necessary, a prosecution could presumably be brought under the EG (C) O in the UK and under the equivalent legislation in Hong Kong.

annadele Bouch

Annadele Bouch

Hong Kong Department

WH 303

270 2653

9 February 1993

imp.unks.ADM

SUN

cc: Nigel Whitney

Edward Oakden ECD (E)

Kevin Orchard UND

Roy Crouch DTI/Sanctions Unit