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STATUTORY INSTRUMENTS


2001 No. 946

UNITED NATIONS

The Liberia (United Nations Sanctions) (Overseas Territories) Order 2001

  Made 14th March 2001 
  Laid before Parliament 15th March 2001 
  Coming into force 16th March 2001 

At the Court at Buckingham Palace, the 14th day of March 2001

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 a resolution adopted on 7th March 2001, 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 Liberia:

     Now, therefore, Her Majesty, in exercise of the powers conferred on 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 Liberia (United Nations Sanctions) (Overseas Territories) Order 2001 and shall come into force on 16th March 2001.

    (2) Subject to paragraph (3) below, this Order shall remain in force until 7th May 2002 unless, on or before that date, the Security Council of the United Nations decides to extend the measures provided for in paragraph 5 of the resolution adopted by it on 7th March 2001, in which case this Order shall remain in force as specified in that decision.

    (3) If the Security Council of the United Nations takes any decision which has the effect of cancelling or postponing or suspending the operation of the resolution adopted by it on 7th March 2001, in whole or in part, this Order shall cease to have effect or its operation shall be postponed or suspended, in whole or in part, as the case may be, in accordance with that decision.

    (4) Particulars of the decisions referred to in paragraphs (2) and (3) above shall be published by the Secretary of State in a notice in the London, Edinburgh and Belfast Gazettes.

    (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, TECHNICAL ASSISTANCE AND TRAINING

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

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 - 

    (3) If any ship, aircraft or vehicle is used in contravention of paragraph (1) of this article then - 

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 carriage of the goods in question was, or formed part of, carriage from any place outside Liberia to any destination therein.

    (4) Nothing in paragraph (1) of this article shall apply where the supply or delivery or exportation from the Territory of the goods concerned to Liberia was authorised by a licence granted by the Governor 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 goods which have been exported from the Territory shall, if so required by the Governor, furnish within such time as the Governor may allow proof to the Governor's satisfaction that the goods have reached either - 

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 - 

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: - 

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 - 

    (2) Without prejudice to the provisions of article 13(3), where an authorised person has reason to suspect that any request that has been made under paragraph (1)(c) of this article 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 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 - 

    (2) Without prejudice to the provisions of article 13(3), where any authorised person has reason to suspect that any request that has been made under paragraph (1)(c) of this article 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 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 under this Order, 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 3 to this Order shall have effect in order to facilitate the obtaining by or on behalf of the Governor - 

Penalties and proceedings
    
15.  - (1) Any person guilty of an offence under article 3, 5 or 6(3) shall be liable:

    (2) Any person guilty of an offence under article 13(3)(b)(ii) or paragraph 5(b) or (d) of Schedule 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


SCHEDULE 1
Article 1(3)(a)


TERRITORIES TO WHICH THIS ORDER EXTENDS


Anguilla

Bermuda

British Antarctic Territory

British Indian Ocean Territory

Cayman Islands

Falkland Islands

Gibraltar

Montserrat

Pitcairn, Henderson, Ducie and Oeno Islands

St Helena

St Helena Dependencies

South Georgia and the South Sandwich Islands

Turks and Caicos Islands

The Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus

Virgin Islands



SCHEDULE 2
Article 1(5)(b)


Application of Article 15 to the Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus


     1.  - (1) Any person who commits an offence under article 3, 5 or 6(3), or paragraph 5(b) or (d) of Schedule 3, shall be liable on conviction: - 

     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.



SCHEDULE 3
Article 14


Evidence and Information


     1.  - (1) Without prejudice to any other provision of this Order, or any provision of any other law, the Governor may request any person in or resident in the Territory to furnish to him any information in his possession or control, or to produce to him any document in his possession or control, which he 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 the foregoing sub-paragraph shall be taken to require any person who has acted as counsel or solicitor 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 documents 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 any justice of the peace is satisfied by information on oath given by any police officer, constable or person authorised by the Governor to act for the purposes of this paragraph either generally or in a particular case:

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:

     5. Any person who - 

shall be guilty of an offence under this Order.



EXPLANATORY NOTE

(This note is not part of the Order)


This Order, made under the United Nations Act 1946, applies to each of the territories specified in Schedule 1. It imposes restrictions on the delivery or supply of arms and related matériel and the provision of related technical assistance and training to Liberia pursuant to a decision of the Security Council of the United Nations in its resolution 1343 of 7th March 2001.

The Order also revokes the United Nations Arms Embargoes (Dependent Territories) Order 1995 in so far as that Order relates to Liberia.


Notes:

[1] 1946 c. 45.back

[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

[4] 1939 c. 69.back



ISBN 0 11 029070 4


 © Crown copyright 2001

Prepared 5 April 2001


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URL: http://www.bailii.org/uk/legis/num_reg/2001/20010946.html