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2002 No. 2629

UNITED NATIONS

The Somalia (United Nations Sanctions) (Channel Islands) Order 2002

  Made 22nd October 2002 
  Laid before Parliament 23rd October 2002 
  Coming into force 24th October 2002 

At the Court at Buckingham Palace, the 22nd day of October 2002

Present,

The Queen's Most Excellent Majesty in Council

Whereas under Article 41 of the Charter of the United Nations the Security Council of the United Nations has, by certain resolutions adopted on 23rd January 1992, 19th June 2001 and 22nd July 2002, 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 Somalia:

     Now, therefore, Her Majesty, in exercise of the powers conferred upon 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 amendment
     1.  - (1) This Order may be cited as the Somalia (United Nations Sanctions) (Channel Islands) Order 2002 and shall come into force on 24th October 2002.

    (2) If the Security Council of the United Nations takes any decision which has the effect of cancelling or suspending the operation of the resolutions adopted by it on 23rd January 1992, 19th June 2001 or 22nd July 2002, in whole or in part, this Order shall cease to have effect or its operation shall be 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 Secretary of State in a notice in the London, Edinburgh and Belfast Gazettes.

    (3) This Order shall extend to the Channel Islands so as to be law, respectively, in Guernsey and Jersey.

    (4) Articles 3, 4 and 5 shall apply to any person within the Channel Islands and to any person elsewhere who is - 

    (5) The United Nations Arms Embargoes (Somalia, Liberia and Rwanda) (Channel Islands) Order 1996, as amended[2] shall be amended as follows - 

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 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, TECHNICAL ASSISTANCE AND TRAINING

Supply of restricted goods
     3.  - (1) Any person who, except under the authority of a licence granted by the licensing authority under this article or article 4 - 

restricted goods to any person in Somalia 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 Somalia.

    (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 Somalia
    
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 Somalia or to any destination for the purpose of delivery, directly or indirectly, to or to the order of any person in Somalia.

Provision of technical advice, assistance or training relating 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 Somalia 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 technical advice, financial or other assistance, or training in question was to be provided to a person in Somalia.

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 any of 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 Somalia 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 Somalia 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 Somalia was authorised by a licence granted by the licensing authority under article 3 or 4.

    (5) Nothing in this article shall be construed so as to prejudice any other provision of law prohibiting or restricting the use of ships, aircraft or vehicles.

GENERAL

Customs powers to demand evidence of destination which goods reach
    
7. Any exporter or any shipper of prohibited goods which have been exported from Guernsey or, as the case may be, Jersey shall, if so required by the Chief Revenue Officer or a States Revenue Officer, furnish within such time as they may allow proof to their satisfaction that the goods have reached either - 

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 purpose 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: power 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 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) 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 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 - 

    (2) Without prejudice to the provisions of article 13(3), where an authorised officer or 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 - 

Investigation, etc. of suspected vehicles
    
12.  - (1) Where any authorised officer or authorised person has reason to suspect that any vehicle in 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 officer or 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 - 

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 - 

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;

    (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 - 

    (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 or, in the case of Guernsey the Chief Revenue Officer or, in the case of Jersey, a States Revenue Officer - 

Investigations by a States Revenue Officer or Chief Revenue Officer
    
15. 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 of 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 to both.

    (3) Any person guilty of an offence under article 8(1) or (2) or article 9(3) of this Order 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(2) 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) Proceedings against any person 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 to any person, or class or description of persons, approved by him or it, and reference 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


SCHEDULE 1
Article 13


DISCLOSURE OF INFORMATION - LISTED TERRITORIES


Anguilla

Bermuda

British Antarctic Territory

British Indian Ocean Territory

Cayman Islands

Falkland Islands

Gibraltar

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



SCHEDULE 2
Article 14


EVIDENCE AND INFORMATION


     1.  - (1) Without prejudice to any other provision of this Order, or any provision of any other law,

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 a document 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 search 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 a 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 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

     5. Any person who - 

shall be guilty of an offence.



EXPLANATORY NOTE

(This note is not part of the Order)


This Order, made under the United Nations Act 1946, prohibits the direct or indirect supply to Somalia of technical advice, financial or other assistance, and training related to military activities. It gives effect in the Channel Islands to the decision of the Security Council of the United Nations in Resolution No. 1425 of 22nd July 2002.

The opportunity has been taken to include in this Order the provisions of the United Nations Arms Embargoes (Somalia, Liberia and Rwanda) (Channel Islands) Order 1996 in so far as that Order relates to the arms embargo imposed on Somalia pursuant to decisions of the Security Council of the United Nations.


Notes:

[1] 1946 c. 45.back

[2] S.I. 1996/3154. The relevant amending instruments are S.I. 1997/279 and S.I. 2001/949.back

[3] S.I. 1994/1191. The relevant amending Orders are: S.I. 1996/2663 (which replaced Part III of Schedule 1 with a new version); S.I. 1997/1008 (which made two additions to entry ML7); S.I. 1997/2758 (which amended entries ML1, ML8, ML10, and PL5001 and inserted entries PL5034 and PL5003); S.I. 1999/63 (which amended entries ML1 and ML2, with consequential amendments to entries PL5002 and ML15); S.I. 1999/1777 (which amended entries ML5, ML7, ML8 and ML19); S.I. 2000/1239 (which amended entries PL5021, ML3, ML4, ML7, ML8, ML13, ML17, ML21, and, consequentially, entries PL5014 and PL5033); S.I. 2000/2264 (which amended entries PL5031 and PL5001); S.I. 2001/729 (which amended entries ML4, ML17, ML21 and, consequentially, PL5017); and S.I. 2002/2059 (which amended certain definitions, and entries ML4, ML8 and ML10).back

[4] 1995 c. 21.back

[5] S.I. 1998/260.back



ISBN 0 11 042888 9


  Prepared 23 October 2002


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