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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Liberia (United Nations Sanctions) (Overseas Territories) Order 2001 URL: https://www.bailii.org/uk/legis/num_reg/2001/20010946.html |
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Made | 14th March 2001 | ||
Laid before Parliament | 15th March 2001 | ||
Coming into force | 16th March 2001 |
(6) Articles 3, 4 and 5 shall apply to any person within the Territory and any person elsewhere who:
(7) The United Nations Arms Embargoes (Dependent Territories) Order 1995[2] shall be amended by deleting the word "Liberia" from the following provisions of that Order -
Interpretation
2.
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 Liberia 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 Liberia.
(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 Governor under this article.
Exportation of restricted goods to Liberia
4.
Except under the authority of a licence granted by the Governor under this article, restricted goods are prohibited to be exported from the Territory 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 certain technical assistance or training
5.
Any person who, except under the authority of a licence granted by the Governor under this article, directly or indirectly provides to a person in Liberia any technical assistance or training related to the supply, delivery, manufacture, maintenance or use of any restricted goods 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 Governor under this article, no ship or aircraft to which this article applies, and no vehicle within the Territory, 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 Territory, to aircraft so registered and to any other ship or aircraft that is for the time being chartered to any person who is -
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 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 under this Order.
(2) Any person who has done any act under the authority of a licence granted by the Governor under this Order and who fails to comply with any conditions attaching to that licence in writing 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 Governor 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 Territory shall, if he is required to do so by an officer authorised for the purpose by the Governor -
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
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) of this article is either -
(3) Without prejudice to the provisions of article 13(3), where -
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 -
Investigation, etc. of suspected vehicles
12.
- (1) Where any authorised person has reason to suspect that any vehicle in the Territory 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 Governor, 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 -
(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 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 3 to this Order shall have effect in order to facilitate the obtaining by or on behalf of the Governor -
(b) of evidence of the commission of -
Penalties and proceedings
15.
- (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(3) shall be liable:
(4) Any person guilty of an offence under article 13(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 £5,000 or its equivalent or to both.
(5) Any person guilty of an offence under article 7 or 9(2) shall be liable on summary conviction to a fine not exceeding £5,000 or its equivalent.
(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, being an offence alleged to have been committed outside the Territory, may be instituted at any time not later than 12 months from the date on which the person charged first enters the Territory after committing the offence.
(8) Proceedings against any person for an offence under this Order may be taken before the appropriate court in the Territory having jurisdiction in the place where that person is for the time being.
(9) No proceedings for an offence under this Order shall instituted in the Territory except by or with the consent of the principal public officer of the Territory having responsibility for criminal prosecutions:
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 Governor
16.
- (1) The Governor may to such extent and subject to such restrictions and conditions as he may think proper, delegate or authorise the delegation of any of his powers under this Order to any person, or class or description of persons, approved by him, and references in this Order to the Governor 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.
Miscellaneous
17.
- (1) Any provision of this Order which prohibits the doing of a thing except under the authority of a licence granted by the Governor shall not have effect in relation to any such thing done anywhere other than the Territory provided that it is duly authorised.
(2) A thing is duly authorised for the purpose of paragraph (1) of this article if it is done under the authority of a licence granted in accordance with any law in force in the place where it is done (being a law substantially corresponding to the relevant provisions of this Order) by the authority competent in that behalf under that law.
A K Galloway
Clerk of the Privy Council
2.
Any person who commits an offence under article 8(1) or (2), 9(3), or 13(3)(b)(ii) is guilty of a misdemeanour and shall be liable on conviction to imprisonment for a term not exceeding two years, or to a fine, or to both.
3.
Any person who commits an offence under article 13(3)(a), (b)(i) or (c), or paragraph (5)(a) or (c) of Schedule 3, is guilty of a misdemeanour and shall be liable on conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding £5,000 or its equivalent, or to both.
4.
Any person who commits an offence under article 7 or 9(2) is guilty of a misdemeanour and shall be liable on conviction to a fine not exceeding £5,000 or its equivalent.
5.
Where a 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.
6.
Proceedings for a misdemeanour under this Order, being an offence alleged to have been committed outside the Territory, may be instituted at any time not later than 12 months from the date on which the person charged first enters the Territory after committing the offence.
7.
Proceedings against any person for an offence under this Order may be taken before the appropriate court in the Territory 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 in the Territory except by or with the consent of the principal public officer of the Territory having responsibility for criminal prosecutions:
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.
he may grant a search warrant authorising any police officer or constable, together with any other persons named in the warrant and any other police officers or 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) 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 police officer or constable 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.
3.
A person authorised by the Governor 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:
(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 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 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 under this Order.
[2] S.I. 1995/1032, as amended by S.I. 1997/272 and S.I. 1998/1502.back
[3] S.I. 1994/1191 as amended by S.I. 1996/2663, S.I. 1997/1008, S.I. 1997/2758, S.I. 1999/63, S.I. 1999/1777, S.I. 2000/1239, S.I., 2000/2140 and S.I. 2000/2264.back
© Crown copyright 2001