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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Liberia (United Nations Sanctions) (Overseas Territories) (No. 2) Order 2001 URL: https://www.bailii.org/uk/legis/num_reg/2001/20011867.html |
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Made | 14th May 2001 | ||
To be laid before Parliament | 20th June 2001 | ||
Coming into force | 15th May 2001 |
Interpretation
2.
- (1) In this Order, "Governor" means the Governor or other officer administering the government of the Territory.
(2) In article 5 and paragraphs 2(1)(a) and 4(d) of Schedule 3, references to an offence under any enactment relating to customs include references to any offence against any provision of law with respect to any of the matters regulated by this Order that is for the time being in force in any territory to which this Order extends.
Importation of rough diamonds from Liberia
3.
- (1) Except under the authority of a licence granted by the Governor under this article, no person shall import directly or indirectly to the Territory any rough diamonds exported from Liberia.
(2) Subject to the provisions of paragraph (3) of this article, any person who contravenes the provisions of paragraph (1) of this article shall be guilty of an offence under this Order.
(3) In the case of proceedings for an offence in contravention of this article, it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the diamonds in question had been exported from Liberia.
Offences in connection with applications for licences, conditions attaching to licences, etc.
4.
- (1) If for the purpose of obtaining any licence under article 3(1) of 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 condition attaching to that licence shall be guilty of an offence under this Order:
Obtaining of evidence and information
5.
The provisions of Schedule 3 to this Order shall have effect in order to facilitate the obtaining, by or on behalf of the Governor, of evidence and information for the purpose of securing compliance with or detecting evasion of this Order and in order to facilitate the obtaining, by or on behalf of the Governor, or evidence of the commission of an offence under this Order or, with respect to any of the matters regulated by this Order, of an offence under any enactment relating to customs.
Penalties and Proceedings
6.
- (1) Any person guilty of an offence under article 3(2) of this Order shall be liable:
(3) Any person guilty of an offence under article 4(1) or (2) of this Order shall be liable:
Exercise of Powers of the Governor
7.
- (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.
Amendment
8.
Article 1(4) of the Liberia (United Nations Sanctions) (Overseas Territories) Order 2001[2] shall be replaced by the following:
A. K. Galloway
Clerk of the Privy Council
2.
Any person who commits an offence under article 4(1) or (2), or paragraph 5(b) or (d) of Schedule 3 to this Order 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 paragraph (5)(a) or (c) of Schedule 3 to this Order 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.
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.
5.
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 Teritory 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:
(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) of this Schedule shall be disclosed except:
5.
Any person who -
shall be guilty of an offence under this Order.
© Crown copyright 2001