Statutory Instrument 1995 No. 1032

The United Nations Arms Embargoes (Dependent Territories) Order 1995

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© Crown Copyright 1995

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1995 No. 1032

UNITED NATIONS

The United Nations Arms Embargoes (Dependent Territories) Order 1995

At the Court at Windsor Castle, the 11th day of April 1995

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 certain resolutions adopted on 25th September 1991, 23rd January 1992, 19th November 1992 and 17th May 1994, 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, Somalia, the former Yugoslavia and Rwanda:

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 and extent
    1.—(1)  This Order may be cited as the United Nations Arms Embargoes (Dependent Territories) Order 1995 and shall come into force on 16th May 1995.

    (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 any of the resolutions adopted by it on 25th September 1991, 23rd January 1992, 19th November 1992 or 17th May 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 Governor in a notice in the Gazette.

    (3)  
 (a) This Order shall extend, as part of the law thereof, to each of the territories listed in Schedule 1 to this Order.
 (b) In this application of this Order to any of the said territories the expression"the Territory" in this Order means that territory.

Interpretation
    2.    In this Order the following expressions have the meanings hereby respectively assigned to them, that is to say—

"commander", in relation to an aircraft, means the member of the flight crew designated as commander of the aircraft by the operator thereof, or, failing such a person, the person who is for the time being in charge or command of the aircraft;

"export" includes shipment as stores and, in relation to any vessel, submersible vehicle or aircraft, includes the taking out of the Territory of the vessel, submersible vehicle or aircraft notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;

"the former Yugoslavia" means all territories which Her Majesty's Government in the United Kingdom recognise as having been comprised within the Socialist Federal Republic of Yugoslavia on 25th September 1991, and a certificate issued by or on behalf of the Governor shall be conclusive evidence as to whether any territory was so comprised on that date;

"Gazette" means the official Gazette of the Territory;

"Governor" means the Governor or other officer administering the Government of the Territory;

"master", in relation to a ship, includes any person (other than a pilot) for the time being in charge of the ship;

"operator", in relation to an aircraft or vehicle, means the person for the time being having the management of the aircraft or vehicle;

"owner", where the owner of a ship is not the operator, means the operator and any person to whom it is chartered;

"person connected with a prohibited destination" means
 (i) the Government of any territory comprised within a prohibited destination;
 (ii) any other person in, or resident in, a prohibited destination;
 (iii) any body incorporated or constituted under the law of any part of a prohibited destination;
 (iv) any body, wherever incorporated or constituted, which is controlled by the Government of any territory comprised within a prohibited destination, any other person in, or resident in, a prohibited destination, or any body incorporated in or constituted under the law of any part of a prohibited destination; and
 (v) any person acting on behalf of any of the above mentioned persons;

"prohibited destination" means Liberia, Somalia, the former Yugoslavia or Rwanda;

"ship" has the meaning it bears in section 742 of the Merchant Shipping Act 1894^[2];

"shipment" includes loading into an aircraft.

Deliveries and supplies of certain goods to a prohibited destination
    3.—(1)  Except under the authority of a licence granted by the Governor under this article, the Serbia and Montenegro (United Nations Sanctions) (Dependent Territories) Order 1992^[3], the Serbia and Montenegro (United Nations Sanctions) (Dependent Territories) Order 1993^[4] or the Former Yugoslavia (United Nations Sanctions) (Dependent Territories) Order 1994^[5], no person shall:
 (a) supply or deliver;
 (b) agree to supply or deliver; or
 (c) do any act likely to promote the supply or delivery of,
any goods specified in Schedule 2 to this Order to a prohibited destination, or to, or to the order of, a person connected with a prohibited destination, or to any destination for the purpose of delivery, directly or indirectly, to a prohibited destination or to, or to the order of, any person connected with a prohibited destination.

    (2)  The provisions of this article shall apply to any person within the Territory and to any person elsewhere who:
 (a) is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject or a British protected person, and is ordinarily resident in the Territory;
 (b) is a body incorporated or constituted under the law of the Territory.

    (3)  Subject to the provisions of paragraph (4) of this article, any person specified in paragraph (2) of this article who contravenes the provisions of paragraph (1) of this article shall be guilty of an offence under this Order.

    (4)  In the case of proceedings for an offence in contravention of paragraph (1) of this article it shall be a defence for the accused person to prove, (i) that he did not know and had no reason to suppose that the goods in question were prohibited goods, or (ii) that he did not know and had no reason to suppose that the goods were to be delivered or supplied to a prohibited destination or to, or to the order of, a person connected with a prohibited destination.

    (5)  Paragraph (1) of this article shall not apply to goods delivered or supplied to a prohibited destination by or on behalf of the United Nations, the United Nations Protection Force, the European Community Monitor Mission, the International Conference on the Former Yugoslavia or the peacekeeping forces of the Economic Community of West African States.

    (6)  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 certain goods to a prohibited destination
    4.    Except under the authority of a licence granted by the Governor under this article, the Serbia and Montenegro (United Nations Sanctions) (Dependent Territories) Order 1992, the Serbia and Montenegro (United Nations Sanctions) (Dependent Territories) Order 1993 or the Former Yugoslavia (United Nations Sanctions) (Dependent Territories) Order 1994, the goods specified in Schedule 2 to this Order are prohibited to be exported from the Territory to any prohibited destination or to any destination for the purpose of delivery, directly or indirectly, to any prohibited destination or to, or to the order of, any person connected with a prohibited destination.

Powers to demand evidence of destination which goods reach
    5.    Any exporter or any shipper of goods specified in Schedule 2 to this Order which have been exported from the Territory shall, if so required by the Governor, furnish within such time as he may allow proof to his satisfaction that the goods have reached either—
 (i) a destination to which they were authorised to be supplied or delivered by a licence granted under this Order, or
 (ii) a destination to which their supply or delivery was not prohibited by this Order;
and, if he fails to do so, he shall be liable to a customs penalty not exceeding £5,000 or its equivalent 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.
    6.—(1)  If for the purpose 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 condition attaching to that licence 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
    7.—(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—
 (a) declare whether or not he has with him any goods specified in Schedule 2 to this Order; and
 (b) produce any goods specified in Schedule 2 to this Order which he has with him,
and such officer, and any person acting under his directions, 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.

    (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 under this Order.

Carriage of certain goods destined for a prohibited destination
    8.—(1)  Except under the authority of a licence granted by the Governor under this article, and without prejudice to the generality of article 3 of this Order, no ship or aircraft to which this article applies, and no vehicle within the Territory, shall be used for the carriage of goods specified in Schedule 2 to this Order if the carriage is or forms part of carriage from any place outside a prohibited destination to any place therein, or to, or to the order of, a person connected with a prohibited destination.

    (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:
 (a) a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject, or a British protected person, and is ordinarily resident in the Territory; or
 (b) a body incorporated or constituted under the law of the Territory.

    (3)  If any ship, aircraft or vehicle is used in contravention of paragraph (1) of this article, then:
 (a) in the case of a ship registered in the Territory or any aircraft so registered, the owner and the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
 (b) in the case of any other ship or aircraft, the person to whom the ship or aircraft is for the time being chartered and, if he is such a person as is referred to in sub-paragraph (a) or sub-paragraph (b) of paragraph (2) of this article, the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
 (c) in the case of a vehicle, the operator of the vehicle,
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 a prohibited destination to any place therein or to, or to the order of, any person connected with a prohibited destination.

    (4)  In the case of proceedings for an offence in contravention of paragraph (3) above, it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the goods in question were goods specified in Schedule 2 to this Order.

    (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.

    (6)  Nothing in 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 as referred to in paragraph (1) of article 3 of this Order.

Investigation, etc. of suspected ships, aircraft and vehicles
    9.—(1)  Where any authorised officer, that is to say, any such officer as is referred to in section 692(1) of the Merchant Shipping Act 1894^[6], has reason to suspect that any ship in the Territory has been or is being or is about to be used in contravention of paragraph (1) of article 8 of this Order, he may (either alone or accompanied and assisted by persons under his authority) board the ship and search her and, for that purpose, may use or authorise the use of reasonable force, and he may request the master of the ship to furnish such information relating to the ship and her cargo and produce for his inspection such documents so relating and such cargo as he may specify; and an authorised officer (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of such a request) may, in the case of a ship that is reasonably suspected of being or of being about to be used in contravention of article 8 of this Order, exercise the following further powers with a view to the prevention of the commission (or the continued commission) of such contrav! ention or in order that enquiries into the matter may be pursued, that is to say, he may either direct the master to refrain, except with the consent of an authorised officer, from landing at any port specified by the officer any part of the ship's cargo that is so specified or request the master to take any one or more of the following steps:
 (a) to cause the ship not to proceed with the voyage on which she is then engaged or about to engage until the master is notified by any authorised officer that the ship may so proceed;
 (b) if the ship is then in a port in the Territory to cause her to remain there until the master is notified by any authorised officer that the ship may depart;
 (c) if the ship is then in any other place, to take her to any such port specified by the officer and to cause her to remain there until the master is notified as mentioned in sub-paragraph (b) of this paragraph; and
 (d) to take her to any other destination that may be specified by the officer in agreement with the master;
and the master shall comply with any such request or direction.

    (2)  Without prejudice to the provisions of paragraph (10) of this article, where a master refuses or fails to comply with a request made under this article that his ship shall or shall not proceed to or from any place or where an authorised officer otherwise has reason to suspect that such a request that has been so made may not be complied with, 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.

    (3)  Where the Governor or any person authorised by him for that purpose either generally or in a particular case has reason to suspect that any aircraft in the Territory has been or is being or is about to be used in contravention of paragraph (1) of article 8 of this Order, the Governor or that authorised person may request the charterer, the operator and the commander of the aircraft or any of them to furnish such information relating to the aircraft and its cargo and produce for his inspection such documents so relating and such cargo as he may specify, and the Governor or that authorised person may (either alone or accompanied and assisted by persons under his authority) board the aircraft and search it and, for that purpose, may use or authorise the use of reasonable force; and, if the aircraft is then in the Territory, the Governor or any such authorised person (either there and then or upon consideration of any information furnished or document or cargo produced in pu! rsuance of such a request) may further request the charterer, operator and the commander or any of them to cause the aircraft to remain in the Territory until notified that the aircraft may depart; and the charterer, the operator and the commander shall comply with any such request.

    (4)  Without prejudice to the provisions of paragraph (10) of this article, where any person authorised as aforesaid has reason to suspect that any request that an aircraft should remain in the Territory that has been made under paragraph (3) of this article may not be complied with, that authorised person 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:
 (a) enter, or authorise entry, upon any land and upon that aircraft;
 (b) detain, or authorise the detention of, that aircraft; and
 (c) use, or authorise the use of, reasonable force.

    (5)  Where the Governor or any person authorised by him for that purpose either generally or in a particular case has reason to suspect that any vehicle in the Territory has been or is being or is about to be used in contravention of paragraph (1) of article 8 of this Order, the Governor or that authorised person may request the operator and driver of the vehicle or either of them to furnish such information relating to the vehicle and any goods contained in it and produce for his inspection such documents so relating and such goods as he may specify, and the Governor or that authorised person may (either alone or accompanied and assisted by persons under his authority) board the vehicle and search it and, for that purpose, may use or authorise the use of reasonable force; and the Governor or any such authorised person (either there and then or upon consideration of any information furnished or document or goods produced in pursuance of such a request) may further require the! operator or driver to cause the vehicle to remain in the Territory until notified that the vehicle may depart; and the operator and the driver shall comply with any such request.

    (6)  Without prejudice to the provisions of paragraph (10) of this article, where the Governor or any person authorised as aforesaid has reason to suspect that any request that a vehicle should remain in the Territory that has been made under paragraph (5) of this article may not be complied with, the Governor or that authorised person 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—
 (a) enter, or authorise entry, upon any land and upon that vehicle;
 (b) detain, or authorise the detention of, that vehicle; and
 (c) use, or authorise the use of, reasonable force.

    (7)  Before or on exercising any power conferred by paragraph (3), (4), (5) or (6) of this article, such an authorised person as is referred to in paragraph (3) or (5) shall, if requested so to do, produce evidence of his authority.

    (8)  No information furnished or document produced by any person in pursuance of a request made under this article shall be disclosed except:
 (a) with the consent of the person by whom the information was furnished or the document was produced:
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;
 (b) to any person who would have been empowered under this article to request that it be furnished or produced or to any person holding or acting in any office under or in the service of the Crown in respect of the Government of the United Kingdom or under or in the service of the Government of any territory to which this Order extends;
 (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, Somalia, the former Yugoslavia or Rwanda decided upon the Security Council of the United Nations; or
 (d) with a view to the institution of, or otherwise for the purposes of, any proceedings for an offence under this Order or, with respect to any of the matters regulated by this Order, for an offence against any enactment relating to customs or for an offence against any provision of law with respect to similar matters that is for the time being in force in the Territory.

    (9)  Any power conferred by this article to request the furnishing of information or the production of a document or of cargo for inspection shall include a power to specify whether the 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.

    (10)  Each of the following persons shall be guilty of an offence under this Order, that is to say:
 (a) a master of a ship who disobeys any direction given under paragraph (1) of this article with respect to the landing of any cargo;
 (b) 
a master of a ship or a charterer or an operator or a commander of an aircraft or an operator or a driver of a vehicle who,
 (i) without reasonable excuse, refuses or fails within a reasonable time to comply with any request made under this article by any person empowered to make it, or
 (ii) wilfully furnishes false information or produces false documents to such a person in response to such a request;
 (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 such person (or any person acting under the authority of any such person) in the exercise of his powers under this article.

    (11)  Nothing in this article 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
    10.    The provisions of Schedule 3 to the 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, 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 relating to customs.

Penalties and proceedings
    11.—(1)  Any person guilty of an offence under article 3(3) or article 8(3) of this Order shall be liable:
 (a) on conviction on indictment to imprisonment for a term not exceeding seven years or to a fine or to both; or
 (b) 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.

    (2)  Any person guilty of an offence under article 9(10)(b)(ii) of this Order or paragraph 5(b) or (d) of Schedule 3 to this Order shall be liable:
 (a) on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
 (b) 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.

    (3)  Any person guilty of an offence under article 6(1) or (2) or article 7(3) of this Order shall be liable:
 (a) on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
 (b) on summary conviction to a fine not exceeding £5,000 or its equivalent.

    (4)  Any person guilty of an offence under article 7(2) of this Order shall be liable on summary conviction to a fine not exceeding £5,000 or its equivalent.

    (5)  Any person guilty of an offence under article 9(10)(a), (b)(i) or (c) of this Order or paragraph 5(a) or (c) of Schedule 3 to this Order 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.

    (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 commenced at any time not later than twelve 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 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.

Exercise of powers of the Governor
    12.—(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 (other than the power to give authority under Schedule 3 to this Order to apply for a search warrant) 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 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
    13.—(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.

N H Nicholls

Clerk of the Privy Council

[1] 1946 c. 45. back

[2] 1894 c. 60. back

[3] S.I. 1992/1303. back

[4] S.I. 1993/1195. back

[5] S.I. 1994/2674. back

[6] 1894 c. 60. back

Explanatory Note