Statutory Instrument 1998 No. 1756

The Angola (United Nations Sanctions) (Channel Islands) Order 1998

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1998 No. 1756

UNITED NATIONS

The Angola (United Nations Sanctions) (Channel Islands) Order 1998

	Made	21st July 1998
	Laid before Parliament	22nd July 1998
	Coming into force	23rd July 1998

At the Court at Buckingham Palace, the 21st day of July 1998
Present,
The Queen's Most Excellent Majesty in Council
Whereas under Article 41 of the Charter of the United Nations the Security Council of the United Nations has, by a resolution adopted on 12th June 1998, called upon Her Majesty's Government in the United Kingdom and all other States to apply certain measures to give effect to a decision of that Council in relation to Angola:

    Now, therefore, Her Majesty, in exercise of the powers conferred on Her by section 1 of the United Nations Act 1946[1], is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: - 

Citation, commencement, operation and extent
    1. - (1) This Order may be cited as the Angola (United Nations Sanctions) (Channel Islands) Order 1998 and shall come into force on 23rd July 1998.

    (2) If the Security Council of the United Nations takes a decision which has the effect of cancelling, postponing or suspending the operation of the resolution adopted by it on 12th June 1998 in whole or in part, this Order shall cease to have effect or its operation shall be postponed or suspended, in whole or in part as the case may be, in accordance with that decision; and particulars of that decision shall be published by the Secretary of State in a notice in the London, Edinburgh and Belfast Gazettes.

    (3) This Order shall extend to the Channel Islands so as to be law, respectively, in the Bailiwick of Guernsey and the Bailiwick of Jersey only.

Interpretation
    2.In this Order the following expressions have, except where otherwise expressly provided, the meanings hereby respectively assigned to them, that is to say - 

"Attorney General" means - 

(a) in the application of this Order to the Bailiwick of Guernsey, the Attorney General or the Solicitor General for Guernsey; and

(b) in the application of this Order to the Bailiwick of Jersey, the Attorney General for Jersey;

"Chief Revenue Officer" and "States Revenue Officer" have the meaning they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972;

"commander", in relation to an aircraft, means the member of the flight crew designated as commander of the aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of the aircraft;

"enactment" includes an enactment of the States of Guernsey or, as the case may be, the States of Jersey;

"export" includes shipment as stores, and cognate expressions shall be construed accordingly;

"exportation" in relation to any vessel, submersible vehicle or aircraft, includes the taking out of the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey of the vessel, submersible vehicle or aircraft notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power, and cognate expressions shall be construed accordingly;

"import" includes shipment as stores, and cognate expressions shall be construed accordingly;

"master", in relation to a ship, includes any person (other than a pilot) for the time being in charge of the ship;

"operator", in relation to an aircraft or vehicle, means the person for the time being having the management of the aircraft or the vehicle;

"owner", in relation to a ship, where the owner of the ship is not the operator, means the operator and any person to whom it is chartered;

"police officer" means - 

(a) in relation to Guernsey, Herm and Jethou, a member of the salaried police force of the Island of Guernsey and, within the limits of his jurisdiction, a member of the special constabulary of the Island of Guernsey;

(b) in relation to Alderney, a member of the said police force and a member of any police force which may be established by the States of Alderney;

(c) in relation to Sark, the Constable, the Vingtenier and a member of the said police force of the Island of Guernsey; and

(d) in relation to the Bailiwick of Jersey, a member of the Honorary Police or a member of the States of Jersey Police Force;

"restricted goods" means the goods falling within the Headings and Sub-headings of the Combined Nomenclature of the European Community established by Annex 1 to Council Regulation (EEC) No. 2658/37, as amended[2], specified in Schedule 1 to this Order;

"restricted services" means ground or waterborne transportation services;

"ship" includes every description of vessel used in navigation;

"shipment" (and cognate expressions) and "stores" shall, in the application of this Order to the Bailiwick of Guernsey, have the meanings they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972, and in the application of this Order to the Bailiwick of Jersey, have the meanings they bear in the Customs and Excise (General Provisions) (Jersey) Law 1972;

"vehicle" means land transport vehicle.

Supply of restricted goods
    3. - (1) Except under the authority of a licence granted under this article - 

(a) in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;

(b) in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,

no person shall - 

(i) supply or deliver; or

(ii) agree to supply or deliver



any restricted goods to any person in Angola.

    (2) Nothing in paragraph (1)(ii) above shall apply where the supply or delivery of the restricted goods to the person concerned is authorised by a licence granted under this article.

Supply of restricted services
    4.Except under the authority of a licence granted under this article - 

(a) in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;

(b) in the case of the Bailiwick of Jersey, by the Finance and Economics Committee, no person shall - 


(i) supply; or

(ii) agree to supply



any restricted services to any person in Angola.

    (2) Nothing in paragraph (l)(ii) above shall apply where the supply of the restricted services to the person concerned is authorised by a licence granted under this article.

Exportation of restricted goods to Angola
    5.Except under the authority of a licence granted under this article - 

(a) in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;

(b) in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,

restricted goods are prohibited to be exported from any of the Channel Islands to any destination in Angola, or to any destination for the purpose of delivery, directly or indirectly, to or to the order of any person in Angola.

Use of ships, aircraft and vehicles: restricted goods and services
    6. - (1) Without prejudice to the generality of articles 3 and 4 above, and except under the authority of a licence granted under this article - 

(a) in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;

(b) in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,

no ship or aircraft to which this article applies, and no vehicle within the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, shall be used - 

(i) for the carriage of any restricted goods if the carriage is, or forms part of, carriage from any place outside Angola to any destination therein; or

(ii) for the supply of any restricted services to any person in Angola.

    (2) This article applies to ships registered in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, to aircraft registered in the United Kingdom and to any other ship or aircraft that is for the time being chartered to any person who is - 

(a) a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject or a British protected person and is ordinarily resident in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey; or

(b) a body incorporated or constituted under the law of any part of the Bailiwick of Guernsey or, as the case may be, the law of the Bailiwick of Jersey.

    (3) If any ship, aircraft or vehicle is used in contravention of paragraph (1) above, then - 

(a) in the case of a ship registered in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey or any aircraft registered in the United Kingdom, the owner and the master of the ship or, as the case may be, the operator and the commander of the aircraft;

(b) in the case of any other ship or aircraft - 


(i) the person to whom the ship or aircraft is for the time being chartered; and

(ii) if he is such a person as is referred to in paragraph (2) above, the master of the ship or, as the case may be, the operator and the commander of the aircraft; or



(c) in the case of a vehicle, the operator of the vehicle,

shall be guilty of an offence under this Order, unless he proves that he did not know and had no reason to suppose that - 

(i) the carriage of the goods in question was, or formed part of, carriage from any place outside Angola to any destination therein; or

(ii) the supply of the services in question was to a person in Angola,



as the case may be.

    (4) Nothing in paragraph (1) above shall apply where - 

(a) the supply or delivery or exportation from the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey of the goods concerned to Angola was authorised by a licence granted by the relevant authority under article 3 or 5 above; or

(b) the supply of the services concerned to Angola was authorised by a licence granted by the relevant authority under article 4 above,

as the case may be.

    (5) Nothing in this article shall be construed so as to prejudice any other provision of law prohibiting or restricting the use of ships, aircraft or vehicles.

Importation of diamonds from Angola
    7.Except under the authority of a licence granted under this article - 

(a) in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;

(b) in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,

diamonds exported from Angola on or after 1st July 1998 are prohibited to be imported, directly or indirectly, into the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey.

Assets of UNITA or persons connected with UNITA
    8. - (1) Except with permission granted under this article - 

(a) in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;

(b) in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,

no person shall - 

(i) make any payment, or part with any gold, securities or investments; or

(ii) make any change in the persons to whose credit any sum is to stand or to whose order any gold, securities or investments are to be held,



where any such action is action to which this article applies.

    (2) This article applies to any action which is likely to make available to or for the benefit of UNITA or any person connected with UNITA any funds or any other financial assets or resources, whether by their removal from the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey or otherwise, or otherwise to result in the remittance or transfer of funds or other such assets or resources to or for the benefit of UNITA or any person connected with UNITA.

    (3) Any permission granted by or on behalf of the relevant authority under this article may be granted either absolutely or subject to conditions and may be varied or revoked at any time by or on behalf of the relevant authority.

    (4) In this article - 

(a) "gold", "payment" and "securities" shall have the meanings they bear in section 2 of the Emergency Laws (Re-enactments and Repeals) Act 1964[3];

(b) "investment" means any asset, right or interest falling within any paragraph of Part I of Schedule 1 to the Financial Services Act 1986[4] and which is not a security;

(c) "person connected with UNITA" means any of the following persons - 


(i) any senior official of UNITA;

(ii) any adult member of the immediate family of any senior official of UNITA; or

(iii) any person acting on behalf of a person described in paragraph (i) or (ii) above;



(d) "UNITA" means the Uniao Nacional para a Indepencia Total de Angola.

Application of articles 3, 4 and 8
    9. - (1) The provisions of articles 3, 4 and 8 above shall apply to any person within the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey and to any person elsewhere who - 

(a) is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject, or a British protected person and is ordinarily resident in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey; or

(b) is a body incorporated or constituted under the law of any part of the Bailiwick of Guernsey or, as the case may be, the law of the Bailiwick of Jersey.

    (2) Subject to the provisions of paragraphs (3) and (4) below, any person specified in paragraph (1) above who contravenes the provisions of article 3, 4 or 8 above shall, in the Bailiwick in question, be guilty of an offence.

    (3) In the case of proceedings for an offence in contravention of article 3 above it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the goods in question were to be supplied or delivered to a person in Angola.

    (4) In the case of proceedings for an offence in contravention of article 4 above it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the services in question were to be supplied to a person in Angola.

Customs powers to demand evidence of destination which goods reach
    10.Any exporter or any shipper of goods which have been exported from the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey shall, if so required by, in the case of the Bailiwick of Guernsey, the Chief Revenue Officer or, in the case of the Bailiwick of Jersey, the Agent or Deputy Agent of the Impôts or any person duly authorised by the Agent of the Impôts, furnish within such time as they may allow proof to their satisfaction that the goods have reached either - 

(a) a destination to which they were authorised to be exported by a licence granted under this Order; or

(b) a destination to which their exportation was not prohibited by this Order,

and, if he fails to do so, he shall be guilty of an offence under this Order unless he proves that he did not consent to or connive at the goods reaching any destination other than such a destination as aforesaid.

Offences in connection with applications for licences, conditions attaching to licences, etc.
    11. - (1) If for the purposes of obtaining any licence under this Order any person makes any statement or furnishes any document or information which to his knowledge is false in a material particular or recklessly makes any statement or furnishes any document or information which is false in a material particular he shall be guilty of an offence under this Order.

    (2) Any person who has done any act under the authority of a licence granted by the Lieutenant Governor or, as the case may be, the Finance and Economics Committee under this Order and who fails to comply with any condition attaching to that licence shall be guilty of an offence under this Order:

Provided that no person shall be guilty of an offence under this paragraph where he proves that the condition with which he failed to comply was modified, otherwise than with his consent, by the Lieutenant Governor or, as the case may be, the Finance and Economics Committee after the doing of the act authorised by the licence.

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Notes:

[1] 1946 c.45.back

[2] OJ No. L256, 7.9.87, p.1; Annex 1 to the Regulation was substituted by Commission Regulation (EC) No. 2086/97, OJ No. L312, 14.11.97, p.1; there have been other amendments to Annex 1 which are not relevant to this Order.back

[3] 1964 c.60.back

[4] 1986 c.60.back

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