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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Democratic Republic of the Congo (United Nations Sanctions) (Channel Islands) Order 2003 URL: http://www.bailii.org/uk/legis/num_reg/2003/20032616.html |
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| Made | 8th October 2003 | ||
| Laid before Parliament | 9th October 2003 | ||
| Coming into force | 10th October 2003 |
Interpretation
2.
- (1) In this Order unless the context otherwise requires -
(2) Any reference to an Act of Parliament of the United Kingdom shall, in the case of a provision[a] which has been extended to the Channel Islands or otherwise applies to the Channel Islands, be construed as a reference to that provision as it has effect there.
restricted goods to any person in the Democratic Republic of the Congo shall be guilty[b] of an offence, 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 the Democratic Republic of the Congo.
(2) Nothing in paragraph (1)(b) or (c) shall apply where the supply or delivery of the goods to the person concerned is authorised by a licence granted by the licensing authority under this article.
Exportation of restricted goods to the Democratic Republic of the Congo
4.
Except under the authority of a licence granted by the licensing authority under this article, restricted goods are prohibited to be exported from any of the Channel Islands to any destination in the Democratic Republic of the Congo or to any destination for the purpose of delivery, directly or indirectly, to or to the order of any person in the Democratic Republic of the Congo.
Provision of assistance, advice or training related to military activities
5.
Any person who, except under the authority of a licence granted by the licensing authority under this article, directly or indirectly provides to any person in the Democratic Republic of the Congo any
related to military activities shall be guilty of an offence, unless he proves that he did not know and had no reason to suppose that the assistance, advice or training in question was to be provided to a person in the Democratic Republic of the Congo.
Use of ships, aircraft and vehicles: restricted goods
6.
- (1) Without prejudice to the generality of article 3, and except under the authority of a licence granted by the licensing authority under this article, no ship or aircraft to which this article applies, and no vehicle within the Channel Islands, shall be used for the carriage of restricted goods if the carriage is, or forms part of, carriage from any place outside the Democratic Republic of the Congo to any destination therein.
(2) This article applies to ships registered in Guernsey or, as the case may be, 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 referred to in article 1(4).
(3) If any ship, aircraft or vehicle is used in contravention of paragraph (1) then -
shall be guilty of an offence, 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 the Democratic Republic of the Congo to any destination therein.
(4) Nothing in paragraph (1) shall apply where the supply or delivery or exportation from Guernsey or, as the case may be, Jersey of the goods concerned to the Democratic Republic of the Congo was authorised by a licence granted by the licensing authority under article 3 or 4.
(5) Nothing in this article shall be construed[c] so as to prejudice any other provision of law prohibiting or restricting the use of ships, aircraft or vehicles.
and, if he fails to do so, he shall be guilty of an offence, 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.
8.
- (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.
(2) Any person who has done any act under the authority of a licence granted by the licensing authority under this Order and who fails to comply with any conditions attaching to that licence shall be guilty of an offence:
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 licensing authority after the doing of the act authorised by the licence.
Declaration as to goods: powers of search
9.
- (1) Any person who is about to leave Guernsey or, as the case may be, Jersey shall, if he is required to do so by the Chief Revenue Officer or a States Revenue Officer -
(2) Any such officer, and any person acting under his direction, may search that person for the purpose of ascertaining whether he has with him any such goods as aforesaid:
Provided that no person shall be searched in pursuance of this paragraph except by a person of the same sex.
(3) 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.
(4) Any person who under the provisions of this article makes a declaration which to his knowledge[d] is false in a material particular, or recklessly makes any declaration which is false in a material particular, shall be guilty of an offence.
Investigation, etc. of suspected ships
10.
- (1) Where any authorised officer has reason to suspect that any ship to which article 6 applies has been or is being or is about to be used in contravention of paragraph (1) of that article -
(2) The further action referred to in paragraph (1)(c) is either -
(3) Without prejudice to the provisions of article 13(3), where -
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.
(4) Before or on exercising any power conferred by this article, an authorised officer shall, if requested to do so, produce evidence of his authority.
(5) In this article "authorised officer" means a Chief Revenue Officer or a States Revenue Officer or -
Investigation, etc. of suspected aircraft
11.
- (1) Where any authorised person has reason to suspect that any aircraft to which article 6 applies has been or is being or is about to be used in contravention of paragraph (1) of that article -
(2) Without prejudice to the provisions of article 13(3), where an authorised person has reason to suspect that any request that has been made under paragraph (1)(c) 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 -
(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.
(4) In this article -
"authorised person" means any States Revenue Officer and, in respect of Jersey, the Airport Director, and any person authorised by the Attorney General for the purpose of this article either generally or in a particular case.
Investigation, etc. of suspected vehicles
12.
- (1) Where any authorised person has reason to suspect that any vehicle in the Guernsey or as the case may be, Jersey has been or is being or is about to be used in contravention of article 6 -
(2) Without prejudice to the provisions of article 13(3), where any authorised person[e] has reason to suspect that any request that has been made under paragraph (1)(c) 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 -
(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 .
(4) In this article -
Provisions supplementary to articles 10 to 12
13.
- (1) No information furnished or document produced by any person in pursuance of a request made under article 10, 11 or 12 shall be disclosed except -
(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 the Democratic Republic of the Congo decided upon the Security Council of the United Nations; or
(d) with a view to the institution of, or otherwise for the purposes of, any proceedings -
(2) Any power conferred by article 10, 11 or 12 to request the furnishing of information or the production of a document or of cargo for inspection shall include a power to specify whether the 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.
(3) Each of the following persons shall be guilty of an offence, that is to say -
(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 such person (or any person acting under the authority of any such person) in the exercise of his powers under article 10, 11 or 12.
(4) Nothing in articles 10 to 13 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.
Obtaining of evidence and information
14.
The provisions of Schedule 2 shall have effect in order to facilitate the obtaining, by or on behalf of the Attorney General, the licensing authority[f] or in the case of Guernsey, the Chief Revenue officer or, in the case of Jersey, a States Revenue Officer -
(b) of evidence of the commission of -
Investigations by a States Revenue Officer or Chief Revenue Officer
15.
- (1) Where in the case of Guernsey the Chief Revenue Officer, or in the case of Jersey, a States Revenue Officer, investigates or proposes to investigate any matter with a view to determining -
the matter shall be treated as an assigned matter within the meaning of section 1(1) of the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972 as amended, in relation to Guernsey, and Article 1(1) of the Customs and Excise (Jersey) Law 1999 as amended, in relation to Jersey.
Penalties and proceedings
16.
- (1) Any person guilty of an offence under article 3, 5 or 6(3) shall be liable in Guernsey -
and in Jersey, on conviction to imprisonment for a term not exceeding seven years, or to a fine, or to both.
(2) Any person guilty of an offence under article 13(3)(b)(ii) or paragraph 5(b) or (d) of Schedule 2 shall be liable in Guernsey -
and in Jersey, on conviction to imprisonment for a term not exceeding two years or to a fine or both.
(3) Any person guilty of an offence under article 8(1) or (2) or article 9(4) shall be liable in Guernsey -
and in Jersey, on conviction to imprisonment for a term not exceeding two years or to a fine or to both.
(4) Any person guilty of an offence under article 13(3)(a), (b)(i) or (c), or paragraph 5(a) or (c) of Schedule 2 shall be liable -
(5) Any person guilty of an offence under article 7 or 9(3) shall be liable -
(6) 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.
(7) Summary proceedings for an offence under this Order in its application to Guernsey may be taken before the appropriate court in the Bailiwick having jurisdiction in the place where that person is for the time being.
(8) No proceedings for an offence under this Order shall be instituted except by or with the consent of the Attorney General:
Provided that this paragraph shall not prevent the arrest, or the issue or 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 for the offence has not been obtained.
Exercise of powers of the licensing authority
17.
- (1) The licensing authority may, to such extent and subject to such restrictions and conditions as he or it may think proper, delegate or authorise the delegation of any of his or its powers under this Order (other than the power to give authority under Schedule 2 to this Order to apply for a search warrant) to any person, or class or description of persons, approved by him, and references in this Order to the licensing authority shall be construed accordingly.
(2) Any licences granted under this Order shall be in writing and may be either general or special, may be subject to or without conditions, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the authority that granted them.
A.K. Galloway
Clerk of the Privy Council
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 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 sub-paragraph (1) shall be taken to require any person who has acted as professional legal advisor 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 -
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 -
(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:
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 -
to exercise any power for the purposes of this Schedule shall, if requested so to do, 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 any person in pursuance of a request made under this Schedule and no document seized under paragraph 2(2) shall be disclosed except -
Provided that a person who has obtained information or is in possession of a document only in his capacity as a 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
(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 the Democratic Republic of the Congo 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 -
5.
Any person who -
shall be guilty of an offence.
[2] S.I. 1994/1191. The relevant amending Orders are S.I. 1994/2711, which amended Schedule III and entry ML4; S.I. 1996/2663, which amended Schedule 1, Part III; S.I. 1997/323, which amended Schedule 3; S.I. 1997/2758, which amended Schedule 3 and Group 3, Part I, Schedule 1 and entries ML8 and ML10; S.I. 1999/63, which amended Schedule 1, Part III; S.I. 1999/1777, which amended Group 3, Part I, Schedule 1 and entry ML8; S.I. 1999/335, which amended Schedule 3; S.I. 1999/3411, which amended Group 3, Part I, Schedule I; S.I. 2000/1239, which amended Schedule 1, Part III and entries PL5021, ML3, ML4, ML7, ML8, ML13, ML17, PL5033 and ML21; S.I. 2000/2264, which amended Schedule 1, Part III and entries PL5031 and PL5001; S.I. 2001/729, which amended entry ML4; S.I. 2002/2059, which amended Schedule 1, Part III and certain definitions and entries ML4, ML8 and ML10; and S.I. 2003/1938, which amended Schedule 1, Part III.back
