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Whereas under Article 41 of the Charter of the United Nations the Security Council of the United Nations has, by a resolution adopted on 31st March 1998, called upon Her Majesty's Government in the United Kingdom and all other States to apply certain measures to give effect to a decision of that Council in relation to the Federal Republic of Yugoslavia: 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 and extent 1. - (1) This Order may be cited as the Federal Republic of Yugoslavia (United Nations Sanctions) (Channel Islands) Order 1998 and shall come into force on 24th April 1998. (2) If the Security Council of the United Nations takes a decision which has the effect of cancelling, postponing or suspending the operation of the resolution adopted by it on 31stMarch 1998, 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; 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 to the Channel Islands so as to be law, respectively, in the Bailiwick of Guernsey and in the Bailiwick of Jersey only. 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 -
(b) in the application of this Order to the Bailiwick of Jersey, the Attorney General for Jersey.
(b) any other person in, or resident in, the Federal Republic of Yugoslavia; (c) any body incorporated or constituted under the law of the Federal Republic of Yugoslavia; (d) any body, whenever incorporated or constituted, which is controlled by any of the persons mentioned in sub-paragraphs (a) to (c) above; or (e) any person acting on behalf of any of the persons mentioned in sub-paragraphs (a) to (d) above;
(b) in relation to Alderney, a member of the said police force, a member of any police force which may be established by the States of Alderney or, within the limits of his jurisdiction, a special constable appointed by the Court of Alderney under section 15 of the Government of Alderney Law, 1987; (c) in relation to Sark, a member of the said police force of the Island of Guernsey, the Constable or the Vingtenier; or (d) in relation to the Bailiwick of Jersey, a member of the Honorary Police or a member of the States of Jersey Police Force;
Supply of certain goods to the Federal Republic of Yugoslavia
(b) in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
no person shall -
(ii) agree to supply or deliver; or (iii) do any act calculated to promote the supply or delivery of, any specified goods to or to the order of any person connected with the Federal Republic of Yugoslavia.
(2) Nothing in paragraph (l)(ii) above shall apply where the supply or delivery of the goods to the person concerned is authorised by a licence granted under this article.
(b) in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
any specified goods are prohibited to be exported from any of the Channel Islands to any destination in the Federal Republic of Yugoslavia, or to any destination for the purpose of delivery directly or indirectly, to or to the order of a person connected with the Federal Republic of Yugoslavia.
(b) in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
no ship or aircraft to which this article applies, and no vehicle within the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, shall be used for the carriage of any specified goods if the carriage is, or forms part of, carriage from any place outside the Federal Republic of Yugoslavia to any destination therein.
(b) a body incorporated or constituted under the law of any part of the Bailiwick of Guernsey or, as the case may be, under the law of the Bailiwick of Jersey.
(3) If any ship, aircraft or vehicle is used in contravention of paragraph (1) above, then -
(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 paragraph (2)(a) or (b) above, 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 the Federal Republic of Yugoslavia to any destination therein.
(b) a body incorporated or constituted under the law of any part of the Bailiwick of Guernsey or, as the case may be, the law of the Bailiwick of Jersey.
(2) Subject to the provisions of paragraph (3) below, any person specified in paragraph (1) above who contravenes the provisions of article 3 above shall be guilty of an offence under this Order.
(b) a destination to which their exportation was not prohibited by this Order,
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. 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 Lieutenant Governor or, as the case may be, the Finance and Economics Committee after the doing of the act authorised by the licence.
Declaration as to goods: powers of search
(b) produce any such goods as aforesaid which he has with him,
and any 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 this article shall be guilty of an offence under this Order.
(b) if the ship is then in a port in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, to cause her to remain there until the master is notified by an 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) above; and (d) to take her to any other destination that may be specified by the officer in agreement with the master.
(2) Without prejudice to the provisions of paragraph (10) below, 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.
(b) detain, or authorise the detention of, that aircraft; and (c) use, or authorise the use of, reasonable force.
(5) Where, in the case of the Bailiwick of Guernsey, any States Revenue Officer or, in the case of the Bailiwick of Jersey, any officer of the Impôts, or any person authorised by the Attorney General for that purpose either generally or in a particular case has reason to suspect that any vehicle in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey has been or is being or is about to be used in contravention of article 5(1) above, that officer 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 that officer or that authorised person may (either alone or accompanied and assisted by persons under his authority) enter the vehicle and search it and, for that purpose, may use or authorise the use of reasonable force. Any such officer or 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 request the operator or driver to cause the vehicle to remain in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey until notified that the vehicle may depart.
(b) detain, or authorise the detention of, that vehicle; and (c) use, or authorise the use of, reasonable force.
(7) A person authorised by the Attorney General to exercise any power for the purposes of paragraph (3), (4), (5) or (6) above shall, if requested to do so, produce evidence of his authority before exercising that power.
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 States of Guernsey or Alderney or the Chief Pleas of Sark or, as the case may be, the States of Jersey; (c) on the authority of the Attorney General, 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 Federal Republic of Yugoslavia 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 for an offence under this Order or, with respect to any of the matters regulated by this Order, for an offence under any enactment relating to customs or for an offence under any provision of law with respect to similar matters that is for the time being in force in the Bailiwick of Guernsey or the Bailiwick of Jersey.
(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 of cargo produced for inspection.
(b) a master of a ship or a charterer or an operator or a commander of an aircraft or an operator or driver of a vehicle who -
(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.
(b) on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both,
and in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding seven 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 the statutory maximum or to both,
and in the Bailiwick of Jersey, on conviction 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 the statutory maximum,
and in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding two years or to a fine or to both.
(b) in the Bailiwick of Jersey, on conviction to a fine.
(5) Any person guilty of an offence under article 10(10)(a), (b)(i) or (c) above or paragraph 5(a) or (c) of the Schedule to this Order shall be liable -
(b) in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding six months or to a fine 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. 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 1. - (1) Without prejudice to any other provision of this Order, or any provision of any other law, the Attorney General (or any person authorised by him for that purpose either generally or in a particular case) or, in the case of the Bailiwick of Guernsey, the Chief Revenue Officer or, in the case of the Bailiwick of Jersey, the Agent of the Impôts may request any person in or resident in the Bailiwick in question to furnish to him (or to that authorised person) any information in his possession or control, or to produce to him (or to that authorised person) any document in his possession or control, which he (or that authorised person) 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 sub-paragraph (1) above shall be taken to require any person who has acted as advocate or solicitor for any person to disclose any privileged communication made to him 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. 2. - (1) If in either the Bailiwick of Guernsey or the Bailiwick of Jersey the Bailiff is satisfied by information or evidence, as the case may be, given on oath -
(b) that any documents which ought to have been produced under paragraph 1 above and have not been produced are to be found on any such premises or in any such vehicle, ship or aircraft,
he may grant a search warrant authorising any police officer, together with any other persons named in the warrant and any other police officer, 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.
(b) seize anything on the premises or on any vehicle, ship or aircraft which he has reasonable grounds for believing is evidence in relation to an offence referred to in sub-paragraph (1) above; (c) seize anything on the premises or on any vehicle, ship or aircraft which he has reasonable grounds to believe are required to be produced in accordance with paragraph 1 above; (d) seize anything that is necessary to be seized in order to prevent it being concealed,lost, damaged, altered or destroyed.
(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.
(b) seize anything he finds in a search referred to in paragraph (a) above if he has reasonable grounds for believing that it is evidence of an offence referred to in sub-paragraph (1) above:
Provided that no person shall be searched in accordance 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.
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 Schedule to request that it be furnished or produced or 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 States of Guernsey or Alderney or the Chief Pleas of Sark or, as the case may be, the States of Jersey; (c) on the authority of the Attorney General, 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 Federal Republic of Yugoslavia 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 for an offence under this Order or, with respect to any of the matters regulated by this Order, for an offence under any enactment relating to customs or for an offence under any provision of law with respect to similar matters that is for the time being in force in the Bailiwick of Guernsey or the Bailiwick of Jersey.
5.
Any person who -
(b) wilfully furnishes false information or a false explanation to any person exercising his powers under this Schedule; (c) otherwise wilfully obstructs any person in the exercise of his powers under this Schedule; or (d) with intent to evade the provisions of this Schedule, destroys, mutilates, defaces, secretes or removes any document,
shall be guilty of an offence under this Order. (This note is not part of the Order) This Order, made under the United Nations Act 1946, imposes in the Channel Islands restrictions pursuant to a decision of the Security Council of the United Nations in Resolution No. 1160 of 31st March 1998 on the export to the Federal Republic of Yugoslavia and the supply to persons in the Federal Republic of Yugoslavia of arms and related matečriel. It restricts certain related activities including the carriage of prohibited goods in ships, aircraft and vehicles. Notes: [1] 1946 c.45.back [2] S.I. 1994/1191; relevant amending Orders are S.I. 1996/2663, S.I. 1997/1008 and S.I. 1997/2758.back
ISBN 0 11 065969 4
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