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Statutory Instrument 2004 No. 3102The Trade in Goods (Control) (Overseas Territories) Order 2004(The document as of February, 2008) STATUTORY INSTRUMENTS2004 No. 3102OVERSEAS TERRITORIESThe Trade in Goods (Control) (Overseas Territories) Order 2004
Her Majesty, in exercise of the powers conferred on Her by section 16(5) of the Export Control Act 2002[1] is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: - Citation 1.This Order may be cited as the Trade in Goods (Control) (Overseas Territories) Order 2004. Extent and interpretation 2. - (1) This Order shall extend to the territories listed in Schedule 1. (2) In the application of this Order to any of the said territories -
(b) any reference to "the Governor" means the Governor or other officer administering the Government of that territory; and (c) any reference to the official gazette of a Territory includes a reference to any form in which official information is normally made available in that Territory. (3) The Governor may by regulations specify in the currency of the Territory the amount which is to be taken as equivalent to sums expressed in sterling in Schedule 2 or, as applicable, in Schedule 5. Anguilla Bermuda Cayman Islands Falkland Islands Montserrat Pitcairn, Henderson, Ducie and Oeno Islands St Helena and Dependencies South Georgia and the South Sandwich Islands The Sovereign Base Areas of Akrotiri and Dhekelia Turks and Caicos Islands Virgin Islands Commencement and application 1. - (1) This Order shall be extended to each Territory listed in Schedule 1 on such day as the Governor may by order, published in the official gazette of the Territory, appoint. (2) Paragraphs 3(1) and 4 apply to any person within a Territory and paragraph 3(2) applies to any person elsewhere who is a United Kingdom person. Interpretation 2. - (1) In this Order: -
(2) Any reference in this Order to time after an event is a reference to a period of that length of time beginning on the day after that event.
(b) agree to supply or deliver; or (c) do any act calculated to promote the supply or delivery of, any restricted goods, where that person knows or has reason to believe that his action or actions will, or may, result in the removal of those goods from one third country to another third country.
(b) agree to supply or deliver; or (c) do any act calculated to promote the supply or delivery of, any restricted goods, where that person knows or has reason to believe that his action or actions will, or may, result in the removal of those goods from one third country to another third country.
(b) acquire or dispose, or agree to acquire or dispose, of any controlled goods, where that person knows or has reason to believe that such an acquisition or disposal will or may result in the removal of those goods from one third country to another third country. (2) Subject to the provisions of this Order, no person shall -
(b) agree to arrange or negotiate, a contract for the acquisition or disposal of any controlled goods, where that person knows or has reason to believe that such a contract will or may result in the removal of those goods from one third country to another third country.
(b) agree to do any act, calculated to promote the arrangement or negotiation of a contract for the acquisition or disposal of controlled goods, where that person knows or has reason to believe that such a contract will or may result in the removal of those goods from one third country to another third country.
(b) financing or financial services, (c) insurance or reinsurance services, or (d) general advertising or promotion services. (6) Sub-paragraphs (1), (2) and (3) do not apply to controlled goods that are present in the Territory unless they are goods in transit. Granting and revocation of licences etc 5. - (1) The Governor may grant licences authorising any act that would otherwise be prohibited under this Order. (2) Any licence granted by the Governor in pursuance of this Order may be -
(b) limited so as to expire on a specified date unless renewed; and (c) subject to, or without, conditions and any such condition may require any act or omission before or after the doing of the act authorised under that licence. (3) Any licence granted under this Order shall be in writing and may be amended, suspended or revoked by the Governor at any time and in such circumstances and on such terms as he thinks fit by serving a notice to that effect on the holder of the licence.
(b) the date or the period of time over which the relevant activities relating to the supply, delivery, transfer, acquisition or disposal of the restricted or controlled goods were carried out; (c) the quantity of the restricted or controlled goods; (d) the name and address of the end-user of the restricted or controlled goods; (e) the name and address of the supplier of the restricted or controlled goods; and (f) any further information required to be kept by the Governor. (3) The registers or records referred to in sub-paragraph (1) shall be kept for at least 4 years from the end of the calendar year in which the authorised act took place. Offences and penalties 9. - (1) Any person who contravenes a prohibition in paragraph 3 or 4 shall be guilty of an offence and liable on summary conviction to a fine not exceeding Ј5,000 or the equivalent. (2) Any person knowingly concerned in the supply, delivery, transfer, acquisition or disposal of any restricted or controlled goods with intent to evade any prohibition or restriction in paragraph 3(1) or 4 shall be guilty of an offence. (3) Any person knowingly concerned in the supply or delivery of any restricted goods with intent to evade any prohibition or restriction in paragraph 3(2) shall be guilty of an offence. (4) A person guilty of an offence under sub-paragraph (2) or (3) shall be liable -
(b) on conviction on indictment, to a fine of any amount, or to imprisonment for a term not exceeding ten years, or to both. (5) Where any body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(b) recklessly makes any statement or furnishes any document or information which is false in a material particular, he shall be guilty of an offence.
(b) on conviction on indictment, to a fine of any amount, or to imprisonment for a term not exceeding two years, or to both, and any licence which may have been granted by the Governor in connection with the application for which the false statement was made or the false document or information was furnished shall be void as from the time it was granted.
(b) fails to comply with -
(ii) any obligation under paragraph 6; or (iii) any obligation under paragraph 7, shall be guilty of an offence. (2) A person guilty of an offence under sub-paragraph (1) shall be liable -
(b) on conviction on indictment, to a fine of any amount, or to imprisonment for a term not exceeding two years, or to both. (3) No person shall be guilty of an offence under sub-paragraph (1) where -
(b) the alleged failure to comply would not have been a failure had the licence not been so modified; and (c) the condition with which he failed to comply was modified by the Governor after the doing of the act authorised by the licence. Application of customs and excise law
(b) the customs authorities, in connection with the operation of controls imposed by this Order, on activities which facilitate or are otherwise connected with the supply or delivery of restricted goods or the transfer, acquisition or disposal of controlled goods.
(b) giving effect to any European Community or other international obligation of the United Kingdom; (c) facilitating the exercise by an authority or international organisation outside the Territory of functions which correspond to functions conferred by or in connection with any activity subject to control by this Order or any other order made under the Act; and may be disclosed to any person for use for these purposes. Section 9 of the Export Control Act 2002 extends to each of the territories listed in Schedule 1, modified as follows:
(2) The Governor shall publish in such manner as he may think fit any guidance given and published (or treated as given and published) by the Secretary of State under this section as it applies in the United Kingdom relevant to the exercise of the powers and other functions to which this section applies in the Territory, with such exceptions and modifications as appear to the Governor to be appropriate. (3) Any person exercising a licensing power or other function to which this section applies shall have regard to any guidance which relates to that power or other function. (4) In the application of this section to any of the said territories, "the Territory" means that territory and "the Governor" means the Governor or other officer administering the Government of that territory.". The following are restricted goods for the purposes of this Order: Certain Security and Para-Military Police Equipment 1.Any good falling within paragraph c. or g. of PL5001 in Schedule 1 to the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003[8] as extended to the Territory by the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) (Overseas Territories) Order 2004[9]. Certain Missiles 2.Missiles capable of a range of 300km or more, and specially designed components therefor. 1.Any person who commits an offence under paragraph 9(1) of Schedule 2 is guilty of a misdemeanour and shall be liable on conviction to a fine not exceeding Ј5,000 or the equivalent. 2.Any person who commits an offence under paragraph 9(2) or (3) of Schedule 2 shall be liable on conviction - (1) if tried on information before the Senior Judge's Court, to a fine of any amount, or to imprisonment for a term not exceeding ten years, or to both; (2) if tried before the Judge's Court, to a fine not exceeding Ј5,000 or the equivalent, or to imprisonment for a term not exceeding six months, or to both. 3.Any person who commits an offence under paragraph 10(1) or 11(1) of Schedule 2 is guilty of a misdemeanour and shall be liable on conviction to imprisonment for a term not exceeding two years, or to a fine of any amount. 4.Where a body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly 5.Proceedings for a misdemeanour under this Order, being an offence alleged to have been committed outside the Territory, may be instituted at any time not later than 12 months from the date on which the person charged first enters the Territory after committing the offence. 6.Proceedings against any person for an offence under this Order may be taken before the appropriate court in the Territory having jurisdiction where that person is for the time being. 7.No proceedings for an offence under this Order shall be instituted in the Territory except by or with the consent of the principal public officer of the Territory having responsibility for criminal prosecutions, but this sub-paragraph shall not prevent the arrest, or the issue or the execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings has not been obtained. (This note is not part of the Order) This Order, made under the Export Control Act 2002 (2002 c. 28) (the Act), extends with modifications the Trade in Goods (Control) Order 2003 (S.I. 2003/2765) (the UK Order) to the territories listed in Schedule 1. It controls the trade between one overseas country and another of military and para-military goods and specified missiles for the time being listed in Schedule 1 to the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 (S.I. 2003/2764, as amended by S.I. 2004/1050, 2004/2561 and 2004/2741) as extended to those overseas territories by the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) (Overseas Territories) Order 2004 (S.I. 2004/3101). In this Order these goods are referred to as "controlled goods". Further controls are imposed on "restricted goods" as listed in Schedule 4. The controls in this Order do not apply to software or technology or to activities connected to trade in controlled goods that are situated in a territory (with the exception of goods in transit via the territory). In relation to restricted goods, paragraph 3 of Schedule 2 prohibits any person within a territory, or a United Kingdom person (as defined in the Order) elsewhere, from supplying or delivering, or doing any act calculated to promote the supply or delivery of, restricted goods without a licence from the Governor (or a licence granted under any other order made under the Act). In relation to controlled goods, paragraph 4 of Schedule 2 prohibits any person in a territory from transferring, acquiring or disposing, or arranging or negotiating a contract for the acquisition or disposal, of controlled goods without a licence from the Governor (or a licence granted under any other order made under the Act). In addition, the provisions on controlled goods prohibit any person in a territory in return for a fee, commission or other consideration from doing any act or agreeing to do any act, without a licence, which would promote the arrangement or negotiation of a contract for the acquisition or disposal of controlled goods where that person knows or has reason to believe that the goods will be moved from one third country to another third country. Schedule 2 exempts persons whose sole involvement in the movement of controlled goods from one overseas country to another is to provide transport, finance, insurance or general advertising or promotion services. The remaining paragraphs in Schedule 2 do the following: Paragraphs 5-7 provide for the issuing of licences by the Governor, registration, record keeping and inspection and licence refusals and appeals; Paragraphs 8-12 provide for offences, enforcement and penalties for the breach of the controls; Paragraph 13 sets out the purposes for which information obtained by the Governor, or the customs authorities, can be disclosed; and Paragraph 14 states the address where notices to be given by any person under this Order are to be sent. Schedule 3 extends with modifications the provisions of section 9 of the Export Control Act 2002 to the territories listed in Schedule 1. Schedule 4 to this Order sets out the goods which are restricted under this Order and article 5 provides for the Governor to make modifications to Schedule 4 in the event of modifications to the Schedule to the UK Order. Schedule 5 provides for offences, enforcement and penalties for the breach of the controls in respect of the Sovereign Base Areas of Akrotiri and Dhekelia. Notes: [1]2002 c.28.back [2]S.I. 2003/2765.back [3]2002 c. 28.back [4]S.I. 2003/2764, as amended by S.I. 2004/1050, 2004/2561 and 2004/2741.back [5]S.I. 2004/3101.back [6]S.I. 2003/2765.back [7]1981 c. 61.back [8]S.I. 2003/2764 as amended by S.I. 2004/1050, 2004/2561 and 2004/2741.back [9]S.I. 2004/3101.back ISBN0 11 051271 5 -- Back --
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