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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Afghanistan (United Nations Sanctions) Order 2001 No. 396 URL: https://www.bailii.org/uk/legis/num_reg/2001/20010396.html |
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Made | 14th February 2001 | ||
Laid before Parliament | 15th February 2001 | ||
Coming into force | 16th February 2001 |
(5) The Afghanistan (United Nations Sanctions) Order 1999[2] is hereby revoked.
Interpretation
2.
- (1) In this Order the following expressions have, except where otherwise expressly provided, the meanings hereby respectively assigned to them, that is to say -
restricted goods to any person in Afghanistan shall be guilty of an offence under this Order 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 Afghanistan.
(2) Nothing in paragraph (1)(b) or (c) of this article shall apply where the supply or delivery of the goods to the person concerned is authorised by a licence granted by the Secretary of State under this article.
Exportation of restricted goods to Afghanistan
4.
Except under the authority of a licence granted by the Secretary of State under this article, restricted goods are prohibited to be exported from the United Kingdom to any destination in Afghanistan or to any destination for the purpose of delivery, directly or indirectly, to or to the order of any person in Afghanistan.
Provision of certain technical assistance or training
5.
Any person who, except under the authority of a licence granted by the Secretary of State under this article, directly or indirectly provides to a person in Afghanistan any technical assistance or training related to:
shall be guilty of an offence under this Order.
Use of ships, aircraft and vehicles: restricted goods, technical assistance and training
6.
- (1) Without prejudice to the generality of article 3, and except under the authority of a licence granted by the Secretary of State under this article, no ship or aircraft to which this article applies, and no vehicle within the United Kingdom, shall be used for the carriage of restricted goods if the carriage is, or forms part of, carriage from any place outside Afghanistan to any destination therein.
(2) This article applies to ships registered in the United Kingdom, to aircraft so registered and to any other ship or aircraft that is for the time being chartered to any person who is -
the Treasury may by notice direct that those funds are not to be made available to Usama bin Laden or to a person connected with Usama bin Laden, or to the Taliban or a person connected with the Taliban, as the case may be, except under the authority of a licence granted by the Treasury under article 7 or 8.
(2) A notice given under paragraph (1) shall specify the period for which it is to have effect, which shall be not longer than 5 working days.
(3) In paragraph (2), "working day" means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971[8] in any part of the United Kingdom.
(4) The Treasury may by notice revoke a direction under paragraph (1) at any time.
(5) The expiry or revocation of a direction shall not affect the application of article 7 or 8 (as the case may be) in respect of the funds in question.
(6) A notice under paragraph (1) or (4) shall be given in writing to the person holding the funds in question ("the recipient"), and shall require the recipient to send a copy of the notice without delay to the person whose funds they are, or on whose behalf they are held ("the owner").
(7) A recipient shall be treated as complying with that requirement if, without delay, he sends a copy of the notice to the owner at his last-known address or, if he does not have an address for the owner, he makes arrangements for a copy of the notice to be supplied to the owner at the first available opportunity.
(8) Any person who contravenes a direction under paragraph (1) is guilty of an offence under this Order.
(9) A recipient who fails to comply with such a requirement as is mentioned in paragraph (6) is guilty of an offence under this Order.
Facilitation of activities prohibited under article 7, 8 or 9(8)
10.
Any person who knowingly and intentionally engages in any activities the object or effect of which is to enable or facilitate the commission (by that person or another) of an offence under article 7, 8 or 9(8) is guilty of an offence.
Failure to disclose knowledge or suspicion of sanctions offences
11.
- (1) A relevant institution is guilty of an offence if -
(b) it does not disclose to the Treasury the information or other matter on which the knowledge or suspicion is based as soon as is reasonably practicable after that information or other matters comes to its attention.
(2) Where a relevant institution discloses to the Treasury -
the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.
(2) If any aircraft is used in contravention of the provisions of this article, the operator and the commander of the aircraft shall be guilty of an offence under this Order.
Powers of airport operator
13.
- (1) For the purpose of enforcing the prohibitions contained in article 12, it shall be the duty of an airport operator to take all such steps as may be necessary to secure that any aircraft at his airport -
and, if he fails to do so, he shall be guilty of an offence under this Order 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 application for licences, conditions attaching to licences, etc.
17.
- (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 under this Order.
(2) Any person who has done any act under the authority of a licence granted by the Secretary of State or the Treasury under this Order and who fails to comply with any conditions attaching to that licence shall be guilty of an offence under this Order:
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 Secretary of State or the Treasury after the doing of the act authorised by the licence.
Declaration as to goods: powers of search
18.
- (1) Any person who is about to leave the United Kingdom shall, if he is required to do so by an officer of the Customs and Excise -
Any such officer, and any person acting under his directions, 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.
(2) 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 under this Order.
(3) 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 under this Order.
Investigation, etc. of suspected ships
19.
- (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) of this article is either -
(3) Without prejudice to the provisions of article 22(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 any officer as is referred to in section 284(1) of the Merchant Shipping Act 1995.
Investigation, etc. of suspected aircraft
20.
- (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
21.
- (1) Where any authorised officer or authorised person has reason to suspect that any vehicle in the United Kingdom has been or is being or is about to be used in contravention of article 6 -
Provisions supplementary to articles 19 to 21
22.
- (1) No information furnished or document produced by any person in pursuance of a request made under article 19, 20 or 21 shall be disclosed except -
(c) on the authority of the Secretary of State, 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 or in securing compliance with or detecting evasion of measures in relation to Afghanistan 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 -
(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 person (or any person acting under the authority of any such person) in the exercise of his powers under article 19, 20 or 21.
(4) Nothing in articles 19 to 22 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
23.
The provisions of Schedule 3 to this Order shall have effect in order to facilitate the obtaining, by or on behalf of the Secretary of State, the Treasury or the Commissioners of Customs and Excise -
(b) of evidence of the commission of -
Investigations by the Commissioners of Customs and Excise
24.
Where the Commissioners of Customs and Excise investigate or propose 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 Management Act 1979.
Penalties and Proceedings
25.
- (1) Any person guilty of an offence under article 3, 5, 6(3), 7, 8, 9(8), 10, 14 or 15 shall be liable:
(3) Any person guilty of an offence under article 17(1) or (2) or article 18(3) shall be liable:
(4) Any person guilty of an offence under article 22(3)(a), (b)(i) or (c), or paragraph 5(a) or (c) of Schedule 3 shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.
(5) Any person guilty of an offence under article 9(9) or 11 shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.
(6) Any person guilty of an offence under article 16 or 18(2) of this Order shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(7) 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.
(8) Notwithstanding anything in section 127(1) of the Magistrates' Courts Act 1980[9], a summary offence under this Order may be tried by a magistrates' court in England and Wales if any information is laid at any time within three years after the commission of the offence and within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to his knowledge.
(9) Notwithstanding anything in section 136 of the Criminal Procedure (Scotland) Act 1995[10], summary proceedings in Scotland for an offence under this Order may be commenced at any time within 12 months after the date on which evidence sufficient in the Lord Advocate's opinion to justify the proceedings came to his knowledge; and subsection (3) of that section applies for the purpose of this paragraph as it applies for the purpose of that section:
Provided that such proceedings shall not be commenced after the expiration of 3 years from the commission of the offence.
(10) Notwithstanding anything in article 19 of the Magistrates' Courts (Northern Ireland) Order 1981[11], summary proceedings in Northern Ireland for an offence under this Order may be instituted at any time within three years after the commission of the offence and within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to his knowledge.
(11) For the purposes of this article:
(12) Proceedings against any person for an offence under this Order may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
(13) In England and Wales, subsection (2) of section 24 of the Police and Criminal Evidence Act 1984[12] shall apply to the offences under this Order that are not arrestable offences by virtue of the term of imprisonment for which a person may be sentenced in respect of them, as if they were mentioned in that subsection; and accordingly such offences shall be arrestable offences within the meaning of that Act.
(14) In Scotland, where a constable reasonably believes that a person has committed or is committing an offence under this Order, he may arrest that person without a warrant.
(15) In Northern Ireland, paragraph (2) of article 26 of the Police and Criminal Evidence (Northern Ireland) Order 1989[13] shall apply to the offences under this Order that are not arrestable offences by virtue of the term of imprsionment for which a person may be sentenced in respect of them, as if they were mentioned in that paragraph; and accordingly such offences shall be arrestable offences within the meaning of that Order.
(16) No proceedings for an offence under this Order, other than for a summary offence, shall be instituted in England, Wales or Northern Ireland except by the Secretary of State or the Treasury or with the consent of the Attorney General or, as the case may be, the Attorney General for Northern Ireland:
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 Secretary of State and the Treasury
26.
- (1) The Secretary of State and the Treasury may to such extent and subject to such restrictions and conditions as he or they may think proper, delegate or authorise the delegation of any of his or their powers under this Order to any person, or class or description of persons, approved by him or them, and references in this Order to the Secretary of State or 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.
Publication of matters designated by the Sanctions Committee
27.
The particulars of any designation by the Sanctions Committee referred to in this Order shall be published by the Secretary of State or the Treasury in the London, Edinburgh and Belfast Gazettes.
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 persons named in the warrant and any other constable, 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) Any authorised person who has entered any premises or any vehicle, ship or aircraft in accordance with sub-paragraph (1) above may do any or all of the following things:
(3) Any information required in accordance with sub-paragraph (2) above 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 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) above 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 Scotland any reference to a justice of the peace includes a reference to a sheriff; and any reference to information on oath is a reference to evidence on oath.
3.
A person authorised by the Secretary of State or 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 a person in pursuance of a request made under this Schedule and no document seized under paragraph 2(2) above shall be disclosed except -
Provided that a person who has obtained information or is in the 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;
(c) on the authority of the Secretary of State or the Treasury, to any organ of the United Nations or to any person in the service of the United Nations or to 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 Afghanistan 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 under this Order.
[4] S.I. 1992/3218, amended by S.I.s 1993/3225, 1995/1217, 1995/1442, 1996/1669 and 1999/2094, Chapter II of Part I of Schedule 5 to the Bank of England Act 1998 (c. 11) and sections 70(1) and 79(14) and Part II of Schedule 6 of the Criminal Justice Act 1993 (c. 36).back
[11] S.I. 1981/1675 (N.I. 26).back
[12] S.I. 1984/1341 (N.I. 12).back
[13] S.I. 1989/1341 (N.I. 12).back
[14] S.I. 1994/1191 as amended by S.I.s 1996/2663, 1997/1008, 1997/2758, 1999/63, 1997/1777, 2000/1239, 2000/2140 and 2000/2264.back
© Crown copyright 2001