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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Liberia (United Nations Sanctions) (Isle of Man) Order 2004 No. 305 URL: http://www.bailii.org/uk/legis/num_reg/2004/20040305.html |
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Made | 11th February 2004 | ||
Laid before Parliament | 12th February 2004 | ||
Coming into force | 13th February 2004 |
Interpretation
2.
In this Order the following expressions have the meanings hereby respectively assigned to them, that is to say -
restricted goods to any person in Liberia shall be guilty 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 Liberia.
(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 Treasury under this article.
Exportation of restricted goods to Liberia
4.
Except under the authority of a licence granted by the Treasury under this article, restricted goods are prohibited to be exported from the Isle of Man to any destination in Liberia or to any destination for the purpose of delivery, directly or indirectly, to or to the order of any person in Liberia.
Provision of assistance, advice or training related to restricted goods
5.
Any person who, except under the authority of a licence granted by the Treasury under this article, directly or indirectly provides to any person in Liberia any -
related to the provision, manufacture, maintenance or use of restricted goods 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, Liberia.
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 Treasury under this article, no ship or aircraft to which this article applies, and no vehicle within the Isle of Man, shall be used for the carriage of restricted goods if the carriage is, or forms part of, carriage from any place outside Liberia to any destination therein.
(2) This article applies to ships registered in the Isle of Man, 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 referred to in article 1(4).
(3) If any ship, aircraft or vehicle is used in contravention of paragraph (1) then -
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 Treasury 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 Treasury 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 the Isle of Man shall, if he is required to do so by an officer of Customs and Excise -
(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 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 any officer as is referred to in section 74(1) of the Merchant Shipping Registration Act 1991 (an Act of Tynwald).
Investigation, etc. of suspected aircraft
11.
- (1) Where any authorised officer or 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 -
Investigation, etc. of suspected vehicles
12.
- (1) Where any authorised officer or authorised person has reason to suspect that any vehicle in the Isle of Man has been or is being or is about to be used in contravention of article 6 -
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 Treasury, 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 Liberia 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 -
(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 Treasury -
(b) of evidence of the commission of -
Investigations by the Treasury
15.
Where the Treasury 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 184 (1) of the Customs and Excise Management Act 1986 (an Act of Tynwald).
Penalties and proceedings
16.
- (1) Any person guilty of an offence under article 3, 5 or 6(3) shall be liable -
(3) Any person guilty of an offence under article 8(1) or (2) or article 9(4) shall be liable -
Exercise of powers of the Treasury
17.
- (1) The Treasury may, to such extent and subject to such restrictions and conditions as it may think proper, delegate or authorise the delegation of any of 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 Treasury 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
he may grant a search warrant authorising any constable or any officer of Customs and Excise, together with any other constables or officers of Customs and Excise named in the warrant and any other 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.
(2) A constable or officer of Customs and Excise authorised by a warrant under sub-paragraph (1) who has entered any premises or any vehicle, ship or aircraft 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 constable or an officer of Customs and Excise 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.
3.
A person authorised by the Treasury 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 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 Treasury, 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 Liberia 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.
© Crown copyright 2004