The Former Yugoslavia (United Nations Sanctions) (Isle of Man) Order 1994
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UNITED NATIONS The Former Yugoslavia (United Nations Sanctions) (Isle of Man) Order 1994
At the Court of Saint James, the 17th day of October 1994 Present, The Counsellors of State in Council
1.—(1) This Order may be cited as the Former Yugoslavia (United Nations Sanctions) (Isle of Man) Order 1994 and shall come into force on 19th October 1994. (2) If, after the making of this Order, the Security Council of the United Nations takes a decision which has the effect of cancelling or suspending in whole or in part the operation of the resolutions adopted by it on 17th April 1993 and 23rd September 1994, this Order shall cease to have effect or its operation shall be suspended, as the case may be, in accordance with that decision; and particulars of that decision shall be published by the Secretary of State in a notice in the London, Edinburgh and Belfast Gazettes. (3) This Order shall extend, as part of the law therein, to the Isle of Man only.
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—
(2) Any reference to a provision of an Act of Parliament or of an enactment made under an Act of Parliament shall, in the case of a provision which has been extended to the Isle of Man, be construed as a reference to that provision as it has effect there and, in the case of a provision which has not been so extended, be construed as a reference to that provision as it has effect in the United Kingdom.
3. Except under the authority of a licence granted under this article by the Treasury, or granted by the Treasury under the Export of Goods (Control) (Croatian and Bosnian Territories) Order 1993[3], all goods are prohibited to be exported from the Isle of Man to any destination in the Bosnian Serb controlled areas or the United Nations Protected Areas of the Republic of Croatia.
4.—(1) Except under the authority of a licence granted under this article by the Treasury, no person connected with the Bosnian Serb controlled areas shall carry on any economic activities in the Isle of Man. (2) For the purposes of this article:
5.—(1) Except under the authority of a licence granted under this article by the Treasury, no person mentioned in article 8 shall provide any services to any person or body for the purposes of any business carried on in the Bosnian Serb controlled areas. (2) For the purposes of this article "services" shall not include telecommunications services or postal services.
6.—(1) Except with permission granted by the Treasury, no person mentioned in article 8 shall—
(2) This article applies to any action which is likely to make available to or for the benefit of any person connected with the Bosnian Serb controlled areas any funds or any other financial assets or resources, whether by their removal from the Isle of Man or otherwise, or otherwise to result in the remittance or transfer of funds or other such assets or resources to or for the benefit of any person connected with the Bosnian Serb controlled areas. (3) Any permission granted by or on behalf of the Treasury under this article may be granted either absolutely or subject to conditions and may be varied or revoked at any time by the Treasury. (4) In this article:
7. Nothing in this Order, in the Serbia and Montenegro (United Nations Sanctions) Order 1992[6]or the Serbia and Montenegro (United Nations Sanctions) (Isle of Man) Order 1993[7]shall prohibit any activities in connection with the United Nations Protection Force (UNPROFOR), the International Conference on the Former Yugoslavia or the European Community Monitoring Mission.
8.—(1) The provisions of articles 5 and 6 shall apply to any person within the Isle of Man and to any person elsewhere who:
(2) Subject to the provisions of paragraphs (3) and (4) below, any person specified in paragraph (1) above who contravenes the provisions of articles 5(1) or 6(1), and any person who contravenes the provisions of article 4(1), shall be guilty of an offence. (3) In the case of proceedings for an offence in contravention of article 4(1) by a person or body acting on behalf of a body in the Bosnian Serb controlled areas or any of the bodies described in article 4(2)(b)(i), it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that he was so acting. (4) In the case of proceedings for an offence in contravention of article 5(1), it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the services in question were to be provided for the purposes of any business carried on in the Bosnian Serb controlled areas.
9. Any exporter or any shipper or goods which have been exported from the Isle of Man, shall, if so required by the Treasury, furnish within such time as it may allow proof to its satisfaction that the goods have reached either—
10.—(1) If for the purposes of obtaining any licence or permission 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. (2) Any person who has done any act under the authority of a licence or permission granted under this Order and who fails to comply with any condition attaching to that licence or permission shall be guilty of an offence:
11.—(1) Any person who is about to leave the Isle of Man shall, if he is required to do so by an officer of Customs and Excise—
(2) Any person who without reasonable excuse refuses to make a declaration, 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. (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.
12. The provisions of the Schedule to this Order shall have effect in order to facilitate the obtaining of evidence and information for the purpose of securing compliance with or detecting evasion of this Order and in order to facilitate the obtaining of 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 an enactment relating to customs.
13.—(1) Any person guilty of an offence under article 8(2) by contravening the provisions of article 5(1) or article 6(1) shall be liable—
(2) Any person guilty of an offence under paragraph 5(b) or (d) of the Schedule to this Order shall be liable—
(3) Any person guilty of an offence under article 8(2) by contravening the provisions of article 4(1) or under 10(1) or (2) or article 11(3) shall be liable—
(4) Any person guilty of an offence under paragraph 5(a) or (c) of the Schedule to this Order 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 or article 11(2) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. (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) Notwithstanding anything in section 75(1) of the Summary Jurisdiction Act 1989 (an Act of Tynwald), a complaint relating to an offence under this Order may be heard if it is made 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. (8) For the purposes of this article—
(9) Proceedings against any person for an offence under this Order may be taken before the appropriate court having jurisdiction in the Isle of Man. (10) No proceedings for an offence under this Order, other than for a summary offence, shall be instituted except by the Treasury or by or with the consent of the Attorney General for the Isle of Man:
14.—(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 (other than the power to give authority under the Schedule to this Order to apply for a search warrant) to any person, or class or description of persons, approved by it, and references in this Order to the Treasury shall be construed accordingly. (2) Any licence granted under this Order 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 it.
15.—(1) Any provision of this Order which prohibits the doing of a thing except under the authority of any licence or with any permission shall not have effect in relation to any such thing done anywhere than in the Isle of Man, provided that it is duly authorised. (2) A thing is duly authorised for the purpose of paragraph (1) above if it is done under the authority of a licence or with permission 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.
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