What are transport sanctions

Transport sanctions impose restrictions on the ownership, registration, movement and use of ships and aircraft in certain countries. The restrictions are different for each country.

Transport sanctions apply in the following countries.

Democratic People’s Republic of Korea (DPRK)

• restrictions on the ownership, control, chartering, operation and registration of ships connected with DPRK
• registering a ship in the DPRK or obtaining authorisation to fly the flag of the DPRK is prohibited
• restrictions on the movement of ships, including port entry and exit
• restrictions on DPRK aircraft overflying or landing in the UK

See guidance on the UK’s sanction regime relating to the Democratic People’s Republic of Korea (DPRK).

Libya

• designated ships are not permitted to enter UK ports
• an operator or pilot in command of an aircraft carrying restricted goods or armed mercenary personnel bound for Libya must not take off from, overfly or land in the UK

See guidance on the UK’s sanction regime relating to Libya.

Republic of Belarus

Sanctions on ships:

• prohibit Belarusian ships, and other ships specified by the Secretary of State, from entering ports in the United Kingdom
• confer powers on the Secretary of State to detain Belarusian ships, or specified ships, at UK ports or anchorages

• confer powers on the Secretary of State to control the movement of Belarusian ships, or specified ships, by requiring them to leave or enter specified ports, proceed to a specified place or remain where they are

• prohibit the registration of ships on the UK Ship Register where they are owned, controlled, chartered or operated by a designated person or persons connected with Belarus, or where they are a specified ship, and confer powers on the Secretary of State to direct the UK Ship Registrar to terminate the registration of such ships
• provide the Secretary of State with the power to specify certain ships

Belarusian ships include:

• ships owned, controlled, chartered or operated by a person connected with Belarus or a designated person
• ships flying the flag of Belarus
• ships registered in Belarus

Sanctions on aircraft:

• a prohibition on Belarusian aircraft from overflying or landing at airports in the UK
• the power to make directions in respect of the movement of “Belarusian aircraft” in United Kingdom airspace and at United Kingdom airports, including the power to detain “Belarusian aircraft” or to prevent such aircraft from taking off, landing at a UK airport or entering UK airspace
• registration of aircraft on the UK Aircraft Register (UKAR) that are owned, chartered or operated by designated persons is prohibited – any such aircraft may also be deregistered from the UKAR

Belarusian aircraft is defined as an aircraft:

• owned, chartered or operated by a designated person, or a person connected with Belarus, or
• registered in Belarus

See guidance on the UK’s sanction regime relating to the Republic of Belarus.

Russia

Sanctions on ships:

• prohibit Russian ships, and other ships specified by the Secretary of State, from entering ports in the United Kingdom
• confer powers on the Secretary of State to detain Russian ships, or specified ships, at UK ports or anchorages
• confer powers on the Secretary of State to control the movement of Russian ships, or specified ships, by requiring them to leave or enter specified ports, proceed to a specified place or remain where they are

• prohibit the registration of ships on the UK Ship Register where they are owned, controlled, chartered or operated by a designated person or persons connected with Russia, or where they are a specified ship, and confer powers on the Secretary of State to direct the UK Ship Registrar to terminate the registration of such ships

• provide the Secretary of State with the power to issue directions in relation to the movement of British cruise ships, preventing them from entering any ports located in Crimea, or in the non-government controlled areas of the Donetsk and Luhansk oblasts
• provide the Secretary of State with the power to specify certain ships

Russian ships include:

• ships owned, controlled, chartered or operated by a person connected with Russia or a designated person
• ships flying the flag of Russia
• ships registered in Russia

Sanctions on aircraft:

• a prohibition on Russian aircraft from overflying or landing at airports in the UK
• the power to make directions in respect of the movement of “Russian aircraft” in United Kingdom airspace and at United Kingdom airports, including the power to detain “Russian aircraft” or to prevent such aircraft from taking off, landing at a UK airport or entering UK airspace
• registration of aircraft on the UK Aircraft Register (UKAR) that are owned, chartered or operated by designated persons is prohibited – any such aircraft may also be deregistered from the UKAR

Russian aircraft is defined as an aircraft:

• owned, chartered or operated by a designated person, or a person connected with Russia, or
• registered in Russia

See guidance on the UK’s sanction regime relating to Russia.

Syria

Restrictions apply to certain aircraft that prevent them from landing in the UK. These include:

• aircraft operated by Syrian Arab Airlines
• any aircraft used exclusively for air cargo purposes that is owned, chartered or operated by a person connected with Syria

See guidance on the UK’s sanction regime relating to Syria.

Transport sanctions licences

The Department for Transport (DfT) issues licences to allow time-limited and specific actions to take place that would otherwise be prohibited by sanctions legislation.

You should read this guidance before you apply for a licence.

Applications for a licence will only be considered if:

• the purpose of the licence request meets the criteria set out in the relevant sanctions regulations
• the intended activity is not already allowed for under an exception in the regulations
• all details provided in the application form are complete and accurate

Where an activity requires more than one licence, an application for that licence must have already been approved by the appropriate government department.

General licence conditions

A transport licence is not transferable to another person who was not included in the original application.

The licence shall only apply in respect of the specific sanctions regulations under which it is issued.

The licensed activity, or activities, must be covered by all of the necessary licences, including those issued by other government departments, where necessary.

All those granted a licence should keep records of the activities undertaken in order to demonstrate compliance with the licence.

Specific licence conditions

Each licence contains specific conditions which may limit the scope and time frame in which the licence applies. The licence will specify the party or parties authorised to act under the licence. A licence may also impose particular requirements on a licence-holder, such as a reporting obligation.

Completing the licence application form

Providing comprehensive information in your application will speed up the process and make it less likely that the application is rejected or returned to you for further clarification.

Consider the following information to support you in completing your application.

It would be useful if you detail how urgent the request is, and why, so that it can be considered accordingly.

If you are completing the form on behalf of someone else, input your name in the contact details questions, as well as your telephone number and email address, if you are the best point of contact.

You will be asked to provide specific information about the voyage or flight the licence is intended to cover, as well as the vessel or aircraft that will be used.

You will need the IMO number or aircraft registration number to complete this section. You will be prompted to answer questions on either the voyage/vessel or the aircraft/flight depending on which prohibited activity you will need the licence for.

The application includes a section for ‘other relevant details’. This is where you can provide background information that has not yet been provided in the application form, which would be helpful in considering the licence request.

This could include providing details of any documents or attachments you feel support your application request and that would help DfT better understand the reasons why a licence is required.

Make sure that any documents in support of your application are relevant.

You should also include details of previous transport sanctions licences or licences from other government departments.

Although DfT will keep records of licences that have been issued, if a licence for the same or a similar purpose has been granted before, provide details of that licence and its identification number as it may assist DfT in reviewing your application.

You will be asked to complete a declaration at the end of the application. It is an offence to deliberately provide misleading information in order to obtain a licence.

The application process

DfT will acknowledge receipt of your application within 5 working days and will aim to respond within 4 weeks of this notification.

Depending on the complexity of the case, or if we need more information from you, the application may take longer than this.

Do not assume that a licence will be granted. Retrospective licences cannot be issued and you may be at risk of breaching the sanctions regulations provisions.

Appeals

Where a licence application has been rejected, it is possible to appeal the decision or the process which led to that decision.

To appeal, contact transportsanctions@dft.gov.uk, providing a full explanation for the reasons for your appeal as well as any useful supporting documentation and correspondence.

On receiving the appeal, DfT will assign a case number that should be used in all future communication on the issue. The appeal will then be reviewed in detail and can either be upheld or rejected.

A successful appeal may not result in the granting of a licence if DfT considers grounds to issue the licence still have not been met.

DfT will aim to respond to your appeal request within 4 weeks of receipt.

Licensing offences

Licences form an important part of ensuring the provisions of a sanctions regime are applied robustly to achieve the proposed objectives while not adversely affecting legitimate actions. The breaching of the terms and conditions of a licence is viewed as a serious offence and carries a maximum sentence of 2 years imprisonment.

Report a transport sanctions breach

If you become aware that a breach of transport sanctions has taken place, report it as soon as possible.

Civil monetary penalties

Guidance on compliance and enforcement approach to aircraft and shipping sanctions,sanctions, including breaches.

Transport sanctions privacy notice

Privacy information for use of data collected by DfT for transport sanctions enforcement.

Freedom of information

Information provided in support of an initial application or subsequent appeal, including personal information, may be subject to publication or disclosure in accordance with the Freedom of Information Act, 2000 (FOIA), or the Environmental Information Regulations, 2004.

If you want information that you provide to be treated as confidential, be aware that, under the FOIA, there is a statutory code of practice with which public authorities must comply and which deals, among other things, with obligations of confidence.

Consider providing reasons explaining why the information you have submitted as part of the application should be treated as confidential.

If we receive a request for disclosure of that information, we will take full account of your explanation, but we cannot give an assurance that confidentiality will be maintained in all circumstances.

If you have access to an IT system that was to generate an automatic confidentiality disclaimer, this will not in itself, be regarded as binding on DfT.