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Statutory Instrument 2001 No. 392The Afghanistan (United Nations Sanctions) (Overseas Territories) Order 2001(The document as of February, 2008) STATUTORY INSTRUMENTS2001 No. 392UNITED NATIONSThe Afghanistan (United Nations Sanctions) (Overseas Territories) Order 2001
Whereas under Article 41 of the Charter of the United Nations the Security Council of the United Nations has, by resolutions adopted on 15th October 1999 and 19th December 2000, called upon Her Majesty's Government in the United Kingdom and all other States to apply certain measures to give effect to decisions of that Council in relation to Afghanistan: 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, extent and revocation 1. - (1) This Order may be cited as the Afghanistan (United Nations Sanctions) (Overseas Territories) Order 2001 and shall come into force on 16th February 2001. (2) If the Security Council of the United Nations takes any decision which has the effect of cancelling or postponing or suspending the operation of the resolutions adopted by it on 15th October 1999 or 19th December 2000, 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 Governor in a notice in the offical gazette of the Territory. (3)
(b) Article 24 of this Order shall apply to the UK Sovereign Base Areas of Akrotiri and Dhekelia as set out in Schedule 2. (c) In the application of this Order to any of the said territories the expression "the Territory" in this Order means that territory. (4) Articles 3, 4, 5, 7, 8, 9, 10, 14 and 15 shall apply to any person within the Territory and any person elsewhere who:
(b) is a body incorporated or constituted under the law of any part of the Territory. (5) The Afghanistan (United Nations Sanctions) (Overseas Territories) Order 1999[2] is hereby revoked.
(b) any person acting on behalf of a person covered by sub-paragraph (a);
(b) any person who may lawfully accept deposits in or from within the Territory in the course of carrying on a deposit-taking business, and for this purpose "deposit" has the meaning given to that term in section 5 of the Banking Act 1987[3] and "deposit-taking business" has the meaning given to that term in section 6 of that Act; (c) a European authorised institution within the meaning of the Banking Coordination (Second Council Directive) Regulations 1992[4] which has lawfully established a branch in Gibraltar for the purpose of accepting deposits or other repayable funds from the public; and (d) any society established lawfully in the Territory whose principal purpose is the making of loans secured on residential property where such loans are funded substantially by its members;
Supply of restricted goods 3. - (1) Any person who, except under the authority of a licence granted by the Governor under this article or article 4:
(b) agrees to supply or deliver; or (c) does any act calculated to promote the supply or delivery of, restricted goods to any person in Afghanistan shall be guilty of an offence under this Order unless he proves 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 Afghanistan.
(b) the military activities of the Taliban, shall be guilty of an offence under this Order.
(b) a body incorporated or constituted under the law of the Territory. (3) If any ship, aircraft or vehicle is used in contravention of paragraph (1) of this article then:
(b) in the case of any other ship or aircraft, the person to whom the ship or aircraft is for the time being chartered and, if he is such a person as is referred to in sub-paragraph (a) or sub-paragraph (b) of paragraph (2) of this article, 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 the carriage of the goods in question was, or formed part of, carriage from any place outside Afghanistan to any destination therein. Making funds available to Usama bin Laden and associates 7.Any person who, except under the authority of a licence granted by the Governor under this article, makes any funds available to or for the benefit of Usama bin Laden or any person connected with Usama bin Laden is guilty of an offence. Assets of the Taliban 8. - (1) Any person who, except under the authority of a licence granted by the Governor under this article, makes any funds to which this article applies available to or for the benefit of the Taliban shall be guilty of an offence under this Order. (2) This article applies to any funds owned or controlled directly or indirectly by the Taliban, or by an undertaking owned or controlled by the Taliban, as designated by the Sanctions Committee. Freezing of funds on suspicion 9. - (1) Where the Governor has reasonable grounds for suspecting that any funds held by any person are or may be:
(b) held on behalf of Usama bin Laden or any such person, or (c) funds to which article 8(1) applies, the Governor may by notice direct that those funds are not to be made available to Usama bin Laden or to a person connected with Usama bin Laden, or to the Taliban or a person connected with the Taliban as the case may be, except under the authority of a licence granted by the Governor under article 7 or 8.
(ii) is a person connected with the Taliban, or (iii) has committed an offence under article 7, 8, 9(8) or 17(2); and (b) it does not disclose to the Governor the information or other matter on which the knowledge or suspicion is based as soon as is reasonably practicable after that information or other matter comes to its attention. (2) Where a relevant institution discloses to the Governor:
(b) any information or other matter on which that knowledge or suspicion is based, the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise. Prohibition of flights 12. - (1) Except under the authority of a licence granted by the Governor under this article:
(b) no aircraft designated by the Sanctions Committee as owned, leased or operated by or on behalf of the Taliban, wherever registered, shall take off from or land in the Territory. (2) If any aircraft is used in contravention of the provisions of this article, then the operator and the commander of the aircraft shall be guilty of an offence under this Order.
(b) which the airport operator knows or has reason to suspect has, since 19th January 2001, taken off from Afghanistan, or (c) which the airport operator knows or has reason to suspect is designated by the Sanctions Committee as owned, leased or operated by or on behalf of the Taliban, is prevented from taking off unless permission to do so has been granted under article 12.
(b) the placing of obstacles in the path of a parked aircraft to prevent it from leaving its parked position; and (c) requiring the commander or operator of the aircraft to move it, or to secure that it is moved, to another part of the airport. (3) Any person who, without reasonable excuse, obstructs an airport operator, his servants or agents acting in accordance with the provisions of this article, or refuses or fails within a reasonable time to comply with a requirement by any such persons made in accordance with paragraph 2(c) of this article, shall be guilty of an offence under this Order. Taliban offices 14.Any person who establishes or maintains any office or other premises under the name of "the Taliban" or "the Islamic Emirates of Afghanistan" shall be guilty of an offence under this Order. Ariana Afghan Airlines 15. - (1) Any person who carries on any business, or establishes or maintains any place of business, under the name of "Ariana Afghan Airlines" shall be guilty of an offence under this Order. (2) Any person who, except under the authority of a licence granted by the Governor under this article, establishes or maintains any place of business in connection with the carriage of persons or goods by air (whether to or from the Territory or elsewhere) by any person connected with the Taliban shall be guilty of an offence under this Order, subject to paragraph (4) below. (3) Any person connected with the Taliban who, except under the authority of a licence granted by the Governor under this article, carries on any business of carrying persons or goods by air (whether to or from the Territory or elsewhere) shall be guilty of an offence under this Order. (4) In the case of proceedings for an offence in contravention of paragraph (2) of this article, it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the carriage of persons or goods was by a person connected with the Taliban. Customs powers to demand evidence of destination which goods reach 16.Any exporter or any shipper of goods which have been exported from the Territory shall, if so required by the Governor, furnish within such time as the Governor may allow proof to the Governor's satisfaction that the goods have reached either:
(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.
Declaration as to goods: powers of search
(b) produce any such goods as aforesaid which he has with him.
(2) Any person who without reasonable excuse refuses to make a declaration or fails to produce any goods or refuses to allow himself to be searched in accordance with the foregoing provisions of this article shall be guilty of an offence under this Order.
(b) he may request the master of the ship to furnish such information relating to the ship and her cargo and produce for his inspection such documents so relating and such cargo as he may specify; and (c) in the case of a ship that is reasonably suspected of being or of being about to be used in contravention of paragraph (1) of article 6, any authorised officer (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under sub-paragraph (b) above), with a view to preventing the commission (or the continued commission) of any such contravention or in order that enquiries into the matter may be pursued, may take the further action specified in paragraph (2) below. (2) The further action referred to in paragraph (1)(c) of this article is either:
(b) to request the master of the ship to take any one or more of the following steps -
(ii) if the ship is then in port in the Territory, to cause her to remain there until the master is notified by an authorised officer that the ship may depart; (iii) if the ship is then in any other place, to take her to any such port specified by the officer and to cause her to remain there until the master is notified as mentioned in sub-paragraph (ii) above; and (iv) to take her to any other destination that may be specified by the officer in agreement with the master. (3) Without prejudice to the provisions of article 22(3), where:
(b) an authorised officer otherwise has reason to suspect that a request that has been so made may not be complied with, any such officer may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose enter upon, or authorise entry upon, that ship and use, or authorise the use of, reasonable force.
(b) any British consular officer; (c) any person authorised by the Governor for the purpose of this article either generally or in a particular case. Investigation, etc. of suspected aircraft
(b) he may (either alone or accompanied and assisted by persons under his authority) board the aircraft and search it and, for that purpose, may use or authorise the use of reasonable force; and (c) if the aircraft is then in the Territory any authorised person may (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under sub-paragraph (a) above) further request the charterer, operator and the commander or any of them to cause the aircraft and any of its cargo to remain in the Territory until notified that the aircraft and its cargo may depart. (2) Without prejudice to the provisions of article 22(3), where an authorised person has reason to suspect that any request that has been made under paragraph (1)(c) of this article may not be complied with, he may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose:
(b) detain, or authorise the detention of, that aircraft and any of its cargo; and (c) use, or authorise the use of, reasonable force. (3) Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of his authority.
Investigation, etc. of suspected vehicles
(b) he may (either alone or accompanied and assisted by persons under his authority) enter the vehicle and search it and, for that purpose, may use or authorise the use of reasonable force; and (c) any authorised person may (either there and then or upon consideration of any information furnished or document or goods produced in pursuance of a request made under sub-paragraph (a) above) further request the operator or the driver to cause the vehicle and any goods contained in it to remain in the Territory until notified that the vehicle may depart. (2) Without prejudice to the provisions of article 22(3), where any authorised person has reason to suspect that any request that has been made under paragraph (1)(c) of this article may not be complied with, he may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose:
(b) detain, or authorise the detention of, that vehicle and any goods contained in it; and (c) use, or authorise the use of, reasonable force. (3) Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of his authority.
Provisions supplementary to articles 19 to 21
Provided that a person who has obtained information or is in possession of a document only in his capacity as servant or agent of another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or to the possession of that document in his own right; (b) to any person who would have been empowered under article 19, 20 or 21 to request that it be furnished or produced or to any person holding or acting in any office under or in the service of:
(ii) the Government of the Isle of Man; (iii) the States of Guernsey or Alderney or the Chief Pleas of Sark; (iv) the States of Jersey; or (v) the Government of any territory to which this Order extends; (c) on the authority of the Governor, to any organ of the United Nations or to any person in the service of the United Nations or of the Government of any other country for the purpose of assisting the United Nations or that Government in securing compliance with or detecting evasion of measures in relation to Afghanistan decided upon by the Security Council of the United Nations; or
(ii) for any offence under any law making provision with respect to such matters that is in force in the United Kingdom, any of the Channel Islands, the Isle of Man or any territory to which this Order extends. (2) Any power conferred by article 19, 20 or 21 to request the furnishing of information or the production of a document or of cargo for inspection shall include a power to specify whether information should be furnished orally or in writing and in what form and to specify the time by which and the place in which the information should be furnished or the document or cargo produced for inspection.
(b) a master of a ship or a charterer or an operator or a commander of an aircraft or an operator or a driver of a vehicle who:
(ii) furnishes any document or information which to his knowledge is false in a material particular or recklessly furnishes any document or information which is false in a material particular to such a person in response to such a request; (c) a master or a member of a crew of a ship or a charterer or an operator or a commander or a member of a crew of an aircraft or an operator or a driver of a vehicle who wilfully obstructs any person (or any person acting under the authority of any such person) in the exercise of his powers under article 19, 20 or 21. (4) Nothing in articles 19 to 22 shall be construed so as to prejudice any other provision of law conferring powers or imposing restrictions or enabling restrictions to be imposed with respect to ships, aircraft or vehicles.
(ii) any law making provision, with respect to the matters regulated by this Order, that is in force in the United Kingdom, any of the Channel Islands or the Isle of Man or any territory to which this Order extends; and (b) of evidence of the commission of:
(ii) with respect to any of those matters, of an offence under the law of the United Kingdom, any of the Channel Islands or the Isle of Man or any territory to which this Order extends. Penalties and Proceedings
(b) on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding Ј5,000 or its equivalent or to both. (2) Any person guilty of an offence under article 12 or 13 or article 22(3)(b)(ii) or paragraph 5(b) or (d) of Schedule 4 shall be liable:
(b) on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding Ј5,000 or its equivalent or to both. (3) Any person guilty of an offence under article 17(1) or (2), or article 18(3) shall be liable:
(b) on summary conviction to a fine not exceeding Ј5,000 or its equivalent. (4) Any person guilty of an offence under article 22(3)(a), (b)(i) or (c), or paragraph 5(a) or (c) of Schedule 4, shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding Ј5,000 or its equivalent or to both.
Exercise of powers of the Governor Anguilla Bermuda British Antarctic Territory British Indian Ocean Territory Cayman Islands Falkland Islands Gibraltar Montserrat Pitcairn, Henderson, Ducie and Oeno Islands St. Helena St. Helena Dependencies South Georgia and the South Sandwich Islands Turks and Caicos Islands The UK Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus Virgin Islands 1. - (1) Any person who commits and offence under article 3, 5, 6(3), 7, 8, 9(8), 10, 14 or 15, or paragraph 5(b) or (d) of Schedule 4, shall be liable on conviction:
(b) if tried before the Judge's Court, to imprisonment for a term not exceeding six months, or to a fine not exceeding Ј5,000 or its equivalent, or to both. 2.Any person who commits and offence under article 12, 13, 17(1) or (2), 18(3), or 22(3)(b)(ii) is guilty of a misdemeanour and shall be liable on conviction to imprisonment for a term not exceeding two years, or to a fine, or to both. (1) The goods specified in Part III of Schedule 1 to the Export of Goods (Control) Order 1994[5] made under the Import, Export and Customs Powers (Defence) Act 1939[6]. (2) Acetic Anhydride. 1. - (1) Without prejudice to any other provision of this Order, or any provision of any other law, the Governor may request any person in or resident in the Territory to furnish to him any information in his possession or control, or to produce to him any document in his possession or control, which he may require for the purpose of securing compliance with or detecting evasion of this Order: and any person to whom such a request is made shall comply with it within such time and in such manner as may be specified in the request. (2) Nothing in the foregoing sub-paragraph shall be taken to require any person who has acted as counsel or solicitor for any person to furnish or produce any privileged information or document in his possession in that capacity. (3) Where a person is convicted of failing to furnish information or produce a document when requested so to do under this paragraph, the court may make an order requiring him, within such period as may be specified in the order, to furnish the information or produce the document. (4) The power conferred by this paragraph to request any person to produce documents shall include power to take copies of or extracts from any document so produced and to request that person, or, where that person is a body corporate, any other person who is a present or past officer of, or is employed by, the body corporate, to provide an explanation of any of them. (5) The furnishing of any information or the production of any document under this paragraph shall not be treated as a breach of any restriction imposed by statute or otherwise. 2. - (1) If any justice of the peace is satisfied by information on oath given by any police officer, constable or person authorised by the Governor to act for the purposes of this paragraph either generally or in a particular case:
(b) that any documents which ought to have been produced under paragraph 1 of this Schedule and have not been produced are to be found on any such premises or in any such vehicle, ship or aircraft, he may grant a search warrant authorising any police officer or constable, together with any other persons named in the warrant and any other police officers or constables, to enter the premises specified in the information or, as the case may be, any premises upon which the vehicle, ship or aircraft so specified may be, at any time within one month from the date of the warrant and to search the premises, or as the case may be, the vehicle, ship or aircraft.
(b) seize anything on the premises or on the vehicle, ship or aircraft which he has reasonable grounds for believing is evidence in relation to an offence referred to in this paragraph; (c) seize anything on the premises or on the vehicle, ship or aircraft which he has reasonable grounds to believe are required to be produced in accordance with paragraph 1 above; or (d) seize anything that is necessary to be seized in order to prevent it being concealed, lost, damaged, altered or destroyed. (3) Any information required in accordance with sub-paragraph (2) above which is contained in a computer and is accessible from the premises or from any vehicle, ship or aircraft must be produced in a form in which it can be taken away and in which it is visible and legible.
(b) seize anything he finds in a search referred to in paragraph (a) above, if he has reasonable grounds for believing that it is evidence of an offence referred to in this paragraph: Provided that no person shall be searched in pursuance of this sub-paragraph except by a person of the same sex.
Provided that a person who has obtained information or is in the possession of a document only in his capacity as servant or agent of another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or to the possession of that document in his own right; or (b) to any person who would have been empowered under this Schedule to request that it be furnished or produced or to any person holding or acting in any office under or in the service of:
(ii) the Government of the Isle of Man; (iii) the States of Guernsey or Alderney or the Chief Pleas of Sark; (iv) the States of Jersey; or (v) the Government of any territory to which this Order extends; (c) on the authority of the Governor, to any organ of the United Nations or to any person in the service of the United Nations or to the Government of any other country for the purpose of assisting the United Nations or that Government in securing compliance with or detecting evasion of measures in relation to Afghanistan decided upon by the Security Council of the United Nations; or
(ii) for any offence under any law making provision with respect to such matters that is in force in the United Kingdom, any of the Channel Islands, the Isle of Man or any territory to which this Order extends. 5.Any person who:
(b) furnishes any information or produces any document which to his knowledge is false in a material particular or recklessly furnishes any document or information which is false in a material particular to such a person in response to such a request; or (c) otherwise wilfully obstructs any person in the exercise of his powers under this Schedule; or (d) with intent to evade the provisions of this Schedule, destroys, mutilates, defaces, secretes or removes any document, shall be guilty of an offence under this Order. (This note is not part of the Order) This Order, made under the United Nations Act 1946, applies to each of the territories specified in Schedule 1. It imposes restrictions pursuant to a decision of the Security Council of the United Nations in its Resolution 1333 of 19th December 2000, on the delivery or supply of arms and related matériel, the provision of technical assistance and training, and the supply of acetic anhydride to Afghanistan. The Order also restricts the taking off from, landing in or flying over any of the specified territories of flights destined for or originating from Afghanistan. It also prohibits the making available of funds to Usama bin Laden and his associates, and prohibits the establishment or maintenance of Taliban offices or the carrying on of any business by Ariana Afghan Airlines. In addition, the Order imposes restrictions pursuant to a decision of the Security Council of the United Nations in its Resolution 1267 of 15th October 1999 by prohibiting any aircraft from taking off from or landing in the specified territories if it is owned, leased, or operated by or on behalf of the Taliban. It also freezes assets of the Taliban or any undertaking owned or controlled by them. This Order revokes the Afghanistan (United Nations Sanctions) (Overseas Territories) Order 1999. Notes: [1] 1946 c. 45.back [2] S.I. 1999/3136.back [3] 1987 c. 22.back [4] S.I. 1992/3218, amended by S.I.s 1993/3225, 1995/1217, 1995/1442, 1996/1669, 1999/2094 and Chapter II of Part I of Schedule 5 to the Bank of England Act 1998 (c. 11) and sections 70(1) and 79(14) and Part II of Schedule 6 of the Criminal Justice Act 1993 (c. 36).back [5] S.I. 1994/1191 as amended by S.I. 1996/2663, S.I. 1997/1008, S.I. 1997/2758, S.I. 1999/63, S.I. 1997/1777, S.I. 2000/1239, S.I. 2000/2140 and S.I. 2000/2264.back [6] 1939 c. 69.back ISBN 0 11 028682 0 -- Back --
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