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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Al-Qa'ida and Taliban (United Nations Measures) (Isle of Man) Order 2002 URL: https://www.bailii.org/uk/legis/num_reg/2002/20020259.html |
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Made | 12th February 2002 | ||
Laid before Parliament | 13th February 2002 | ||
Coming into force | 14th February 2002 |
(5) The Afghanistan (United Nations Sanctions) (Isle of Man) Order 2001[2] and the Afghanistan (United Nations Sanctions) (Isle of Man) (Amendment) Order 2001[3] are hereby revoked.
(6) The Terrorism (United Nations Measures) (Isle of Man) Order 2001[4] is amended by substituting in article 2 in the definition of "funds", for the words "and economic benefits", the words ", economic benefits and economic resources".
Interpretation
2.
- (1) In this Order, unless the context otherwise requires -
(2) For the purposes of paragraph (d) of the definition of "relevant institution" in paragraph (1) above the activity of accepting deposits has the meaning given in any relevant Order under section 22 of the Financial Services and Markets Act 2000.
restricted goods from the Isle of Man to a listed person 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 listed person.
(2) Any person (as referred to in article 1(4) above) who, in any place outside the Isle of Man -
restricted goods to a listed person 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 listed person.
Exportation of restricted goods to listed persons
4.
Restricted goods are prohibited to be exported from the Isle of Man to any listed person.
Provision of certain technical assistance or training
5.
- (1) Any person who, in or from the Isle of Man, directly or indirectly provides to a listed person any technical assistance or training related to -
shall be guilty of an offence.
Use of ships, aircraft and vehicles: restricted goods, technical assistance and training
6.
- (1) Without prejudice to the generality of article 3, 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 of those goods to a listed person.
(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) above.
(3) If any ship, aircraft or vehicle is used in contravention of paragraph (1) of this article then -
(3) The Treasury may by notice revoke a direction given under paragraph (1) at any time.
(4) The expiry or revocation of a direction shall not affect the application of article 7 in respect of the funds in question.
(5) A notice under paragraph (1) or (3) 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").
(6) 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.
(7) Any person whose funds are the subject of a direction made under paragraph (1) above, may apply for the direction to be reviewed in the same manner as the review of a direction under the Banking Act 1998 (an Act of Tynwald), and section 24 of that Act and any regulations under that section shall apply to a review under this Order as they apply in respect of a review under that section.
(8) Any person who contravenes a direction under paragraph (1) is guilty of an offence.
(9) A recipient who fails to comply with such a requirement as is mentioned in paragraph (5) is guilty of an offence.
Facilitation of activities prohibited under article 7 or 8(8)
9.
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 or 8(8) is guilty of an offence.
Failure to disclose knowledge or suspicion of measures offences
10.
- (1) A relevant institution is guilty of an offence if it knows or suspects that a person who is, or has been at any time since the coming into force of this Order, a customer of the institution, or is a person with whom the institution has had dealings in the course of its business since that time -
the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.
(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 that to his knowledge is false in a material particular or recklessly makes any declaration that is false in a material particular shall be guilty of an offence.
Investigation, etc. of suspected ships
14.
- (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 17(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 74(1) of the Merchant Shipping Registration Act 1991 (an Act of Tynwald).
Investigation, etc. of suspected aircraft
15.
- (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
16.
- (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 14 to 16
17.
- (1) No information furnished or document produced by any person in pursuance of a request made under article 14, 15 or 16 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 the listed persons or any person acting on behalf of a listed person 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 14, 15 or 16.
(4) Nothing in articles 14 to 17 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
18.
The provisions of Schedule 2 to this Order 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
19.
Where the Treasury 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 1986 (an Act of Tynwald).
Penalties and Proceedings
20.
- (1) Any person guilty of an offence under article 3, 5, 6(3), 7, 8(8) or 9 shall be liable -
(3) Any person guilty of an offence under article 12(1) or (2) or article 13(4) shall be liable -
(10) No proceedings for an offence under this Order, other than for a summary offence, shall be instituted except by or with the consent of the Attorney General for the Isle of Man:
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 Treasury
21.
- (1) The Treasury may to such extent and subject to such restrictions and conditions as it thinks proper, delegate or authorise the delegation of any of its powers under this Order to any person, or class or description of persons whom it has approved, 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 Treasury.
Publication of matters designated by the Sanctions Committee
22.
The particulars of any designation by the Sanctions Committee referred to in this Order shall be published by the Secretary of State or Her Majesty's 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 constables or officers of Customs and Excise 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 constable or officer of Customs and Excise or other person authorised by a warrant under sub-paragraph (1) above 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) 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.
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 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 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 the listed persons or any person acting on behalf of a listed person 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.
[2] S.I. 2001/394, as amended by S.I. 2001/3649.back
[6] S.I. 1994/1191 as amended by S.I.s 1996/2663, 1997/1008, 1997/2758, 1999/63, 1999/1777, 2000/1239, 2000/2140, 2000/2264 and 2001/729.back
Prepared
14 February 2002