United Kingdom Statutory Instruments

(a) a British citizen, a British overseas territories citizen, a British Overseas citizen, a British subject, a British National (Overseas) or a British protected person and is ordinarily resident in Guernsey or Jersey; or

(b) a body incorporated or constituted under the law of any part of Guernsey or Jersey.

(a) supplies or delivers;

(b) agrees to supply or deliver; or

(c) does any act calculated to promote the supply or delivery of,

(a) acquires, disposes of, imports or exports it,

(b) agrees with another to do an act mentioned in paragraph (a), or

(c) makes arrangements under which another person does such an act or under which another person agrees with a third person to do such an act.

    (6) In this article - 

"acquires" means buys, hires, borrows or accepts,

"disposes of" means sells, lets on hire, lends or gives,

and in relation to agreeing or arranging to do an act, it is immaterial whether the act is agreed or arranged to take place in the Channel Islands or elsewhere.

(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,

(a) before the definition of "Attorney General", insert - 

" "the 2003 resolution" means resolution 1483 (2003) adopted by the Security Council of the United Nations on 22nd May 2003;";

(b) after the definition of "Attorney General" insert - 

" "designated funds" means funds to which a direction under article 4(1) applies;
"designated person" means a person whose funds (including those held for him or on his behalf) are subject to a direction given by the relevant enforcement authority under article 4(1);
"Development Fund for Iraq" means the Development Fund for Iraq referred to in paragraph 12 of the 2003 resolution";

(c) after the definition of "funds", insert - 

" "immediate family member" means a parent, son, daughter, spouse or sibling of the whole or half blood";

(d) in the definition of "relevant enforcement authority", after the reference to "article 4" insert "or 5A", and for the words "Finance and Economics Committee" (at both places) substitute "Policy and Resources Committee";

(e) in the definition of "relevant institution", for the words "Article 1(1) of the Banking Business (Jersey) Law 1991, as amended" substitute "Article 36(1) and the Second Schedule to the Proceeds of Crime (Jersey) Law 1999";

(f) after the definition of "relevant institution", insert - 

" "Sanctions Committee" means the committee referred to in paragraph 19 of the 2003 resolution;
"senior official" means any individual who, immediately before 20th March 2003 - 
(a) was a member of the Iraqi Ba'ath Party of a rank equivalent to any person identified as mentioned in article 4(1)(a) by the Sanctions Committee; or

(b) was entitled to exercise powers or functions equivalent to those of a person mentioned in paragraph (a); or

(c) exercised such powers or functions for the purposes of the government of the Republic of Iraq.".

    (2) After article 2(2), add - 

    " (3) For the purposes of this Order, a body ("B") is controlled by a person or government ("P") if - 


(a) P, by virtue of his or its voting power in B or otherwise, is entitled to exercise determining influence over the management of B; or

(b) B carries on activities predominantly for the purposes of P, or subject to P's direction or approval.".

Making funds available to designated persons
     2. For article 3, substitute - 

     " 3.  - (1) Any person who, except under the authority of a licence granted by the relevant enforcement authority under article 5, makes any funds available to a designated person is guilty of an offence.

    (2) In proceedings for an offence under this article, it is a defence for the accused to show that he took all reasonable precautions and exercised all due diligence to avoid committing the offence.".

Freezing funds
     3. For article 4, substitute - 

     " 4.  - (1) Where - 


(a) a person is identified by the Sanctions Committee in accordance with paragraph 19 of the 2003 resolution as an individual or entity falling within paragraph 23 of that resolution; or

(b) the relevant enforcement authority has reasonable grounds for suspecting that a person is or may be - 


(i) a senior official;

(ii) an immediate family member of such an individual; or

(iii) an entity, wherever incorporated or constituted, that immediately before 20th March 2003 was owned or controlled by the government of the Republic of Iraq, or is owned or controlled by a person referred to in paragraph (1)(a) or (1)(b)(i) or (ii);



the relevant enforcement authority may by notice direct that funds held by, for, or on behalf of that person are not to be made available to any person.



    (2) A notice under paragraph (1) must specify either - 



(a) the period for which the direction is to have effect; or

(b) that the direction is to have effect until it is varied or revoked by notice under paragraph (3).



    (3) The relevant enforcement authority may by notice vary or revoke a direction given under paragraph (1) at any time.

    (4) The relevant enforcement authority must publish a notice issued under paragraph (1) or (3) in the way appearing to it to be best calculated to bring it to the attention of the public.".

Licences
     4. In article 5(4), for "3(a) or (b)", substitute "3(1)".

Transfer of designated funds
     5. After article 5, insert - 

(a) the Attorney General,

(b) in the case of Guernsey, the Chief Revenue Officer,

(c) in the case of Jersey, the licensing authority or a States Revenue Officer

may request any person in or resident in Guernsey or as the case may be Jersey, to furnish any information in his possession or control, or to produce any document in his possession or control, which he or it 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 sub-paragraph (1) shall be taken to require any person who has acted as a professional legal adviser 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 the Bailiff is satisfied by information on oath - 

(a) that there is reasonable ground for suspecting that an offence under this Order or, with respect to any of the matters regulated by this Order, an offence under any enactment relating to customs has been or is being committed and that evidence of the commission of the offence is to be found on any premises specified in the information, or in any vehicle, ship or aircraft so specified; or

(b) that any documents which ought to have been produced under paragraph 1 of this Schedule 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, in the case of Guernsey any States Revenue Officer, together with any other persons named in the warrant and any other police officers, 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.

    (2) A police officer or other person who has entered any premises or any vehicle, ship or aircraft in accordance with sub-paragraph (1) may do any or all of the following things - 

(a) inspect and search those premises or the vehicle, ship or aircraft for any material which he has reasonable grounds to believe may be evidence in relation to an offence referred to in this paragraph;

(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 of this Schedule; 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) 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.

    (4) A police officer or, in the case of Guernsey any States Revenue Officer, lawfully on the premises or on the vehicle, ship or aircraft by virtue of a warrant issued under sub-paragraph (1) may - 

(a) search any person whom he has reasonable grounds to believe may be in the act of committing an offence referred to in this paragraph; and

(b) seize anything he finds in a search referred to in paragraph (a), 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.

    (5) Where, by virtue of this paragraph, a person is empowered to enter any premises, vehicle, ship or aircraft he may use such force as is reasonably necessary for that purpose.

    (6) Any documents or articles of which possession is taken under this paragraph may be retained for a period of three months or, if within that period there are commenced any proceedings for such an offence as aforesaid to which they are relevant, until the conclusion of those proceedings.

    (7) In the application of this paragraph to the islands of Alderney and Sark, any reference to the Bailiff includes a reference, in the case of Alderney to the Chairman of the Court of Alderney, and in the case of Sark, to the Seneschal.

     3. A person authorised - 

(a) in Guernsey by the licensing authority or by the Chief Revenue Officer; or

(b) in Jersey by the Agent of the Impôts,

to exercise any power for the purposes of this Schedule shall, if requested to do so, produce evidence of his authority before exercising that power.

     4. No information furnished or document produced (including any copy of an extract made of any document produced) by a person in pursuance of a request made under this Schedule and no document seized under paragraph 2(2) shall be disclosed except - 

(a) with the consent of the person by whom the information was furnished or the document was produced or the person from whom the document was seized:

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; 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 - 


(i) the Crown in respect of the Government of the United Kingdom;

(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 listed in Schedule 2 to this Order; or



(c) on the authority of the Attorney General, 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 Iraq decided upon by the Security Council of the United Nations; or

(d) with a view to the institution of, or otherwise for the purposes of, any proceedings - 



(i) in the Bailiwick in question, for an offence under this Order or, with respect to any of the matters regulated by this Order, for an offence against any enactment relating to customs; or

(ii) for any offence under any law making provision with respect to such matters that is in force in the other Bailiwick to which this Order applies, the United Kingdom, the Isle of Man or any territory listed in Schedule 2.

     5. Any person who - 

(a) without reasonable excuse, refuses or fails within the time and in the manner specified (or, if no time has been specified, within a reasonable time) to comply with any request made under this Schedule by any person who is empowered to make it; or

(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.