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STATUTORY INSTRUMENTS
2007 No. 283
UNITED NATIONS
The Lebanon (United Nations Sanctions) (Overseas Territories) Order 2007
| |
Made |
7th February 2007 | |
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Laid before Parliament |
8th February 2007 | |
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Coming into force |
9th February 2007 | |
At the Court at Buckingham Palace, the 7th day of February 2007
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 resolution 1701 (2006) adopted on the 11th August 2006, 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 Lebanon:
Her Majesty, in exercise of the powers vested in 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 ordered, as follows:—
Citation, commencement, extent and application
1.
—(1) This Order may be cited as the Lebanon (United Nations Sanctions) (Overseas Territories) Order 2007 and shall come into force on 9th February 2007.
(2) If the Security Council of the United Nations takes any decision which has the effect of cancelling, extending, postponing or suspending the operation of resolution 1701 (2006) adopted by it on 11th August 2006, in whole or in part, this Order shall cease to have effect or its operation shall be cancelled, extended, 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 Governor in a notice in the official gazette of the Territory.
(3) This Order shall extend to the territories listed in Schedule 1.
(4) Article 15 of this Order shall apply to the Sovereign Base Areas of Akrotiri and Dhekelia as set out in Schedule 2.
(5) In the application of this Order to any of the said territories:—
(a) the expression "the Territory" in this Order means that territory:
(b) references to the official gazette of a Territory include a reference to any form in which official information is normally made available in that Territory.
(6) Articles 3, 4 and 5 shall apply to any person within the Territory and to any person elsewhere who is:—
(a) A British citizen, a British overseas territories citizen, a British Overseas citizen, a British subject, a British National (Overseas) 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.
Interpretation
2.
—(1) In this Order, the following expressions have, except where otherwise expressly provided, the meaning hereby respectively assigned to them, that is to say—
"aircraft", means a fixed wing, swivel wing, rotary wing, tilt rotor or tilt wing airborne vehicle or helicopter;
"assistance", means any form of assistance including technical training or assistance, services, financing and financial assistance;
"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 the pilot in command of the "aircraft";
"document" includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;
"export" includes shipment as stores;
"exportation" in relation to any "ship", submersible vehicle or "aircraft", includes the taking out of the Territory of the "ship", 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;
"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";
"officer", in relation to a body corporate, means a director, manager, secretary or other similar officer of the body corporate or any person who has purported to act in any such capacity.
"operator", in relation to an "aircraft" or "vehicle", means the person for the time being having the management of the "aircraft" or "vehicle";
"owner", in relation to a "ship", where the owner of a ship is not the "operator", means the "operator" and any person to whom it is chartered;
"restricted goods", means the goods specified in Part I of the Schedule 1 to the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003[2] made under the Export Control Act 2002[3], as extended to the territories listed in Schedule 1 thereto by the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) (Overseas Territories) Order 2004[4];
"ship", includes every description of vessel used in navigation;
"shipment", includes loading into an "aircraft";
"stores", means goods for use in a "ship" or "aircraft" and includes fuel and spare parts and other articles of equipment, whether or not for immediate fitting, but excludes any goods for use in a "ship" or "aircraft" as merchandise for sale by retail to persons carried therein;
"vehicle", means land transport vehicle.
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—
(a) supplies or delivers;
(b) agrees to supply or deliver; or
(c) does any act calculated to promote the supply or delivery of,
restricted goods to any individual or entity in Lebanon 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 an individual or entity in Lebanon.
(2) Nothing in paragraph (1)(b) or (c) shall apply where the supply or delivery of the restricted goods to the individual or entity concerned is authorised by a licence granted by the Governor under this article.
(3) The Governor must cause a list of restricted goods to be published in the gazette of the Territory as necessary from time to time.
Exportation of restricted goods to Lebanon
4.
—(1) Any person who, except under the authority of a licence granted by the Governor under this article, knowingly exports or attempts to export any restricted goods from the Territory to any destination in Lebanon or to any destination for the purpose of delivery, directly or indirectly, to or to the order of any individual or entity in Lebanon, shall be guilty of an offence under this Order.
(2) Any restricted goods which are exported or attempted to be exported shall be liable to forfeiture.
(3) In any case where a person would, apart from this paragraph, be guilty of an offence under paragraph (1) above and of an offence under article 3(1) above, he shall not be guilty of the offence under paragraph (1) above.
Provision of assistance, advice or training related to the provision, manufacture, maintenance or use of restricted goods
5.
Any person who, except under the authority of a licence granted by the Governor under this article, directly or indirectly provides to any individual or entity in Lebanon any assistance, advice or training related to the provision, manufacture, maintenance or use of restricted goods 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 assistance, advice or training in question was to be provided to an individual or entity in, or for use in, Lebanon.
Use of ships, aircraft and vehicles: restricted goods
6.
—(1) Without prejudice to the generality of article 3, and except under the authority of a licence granted by the Governor under article 3 or 4, 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 Lebanon 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—
(a) a British citizen, a British overseas territories citizen, a British Overseas citizen, a British subject, a British National (Overseas) 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) 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 paragraph 2(a) and (b), 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 Lebanon to any destination therein.
(4) Nothing in paragraph (1) shall apply where the supply or delivery or exportation from the Territory of the goods concerned to Lebanon 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.
Customs powers to demand evidence of destination which goods reach
7.
Any exporter or any shipper of restricted 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—
(a) a destination to which they were authorised to be exported by a licence granted under this Order; or
(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.
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 guaranteed by the Governor under this Order and who fails to comply with any conditions 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
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—
(a) declare whether or not he has with him any restricted goods which are destined for Lebanon or for delivery, directly or indirectly, to or to the order or any individual or entity in Lebanon; and
(b) produce any such goods as aforesaid which he has with him.
(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 under this Order.
(4) 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.
(5) Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of his authority.
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—
(a) 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;
(b) 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
(c) in the case of a ship that is reasonably suspected of being or of being about to be used in contravention of article 6(1), any authorised officer (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under sub-paragraph (b)), with a view to preventing the commission (or the continued commission) of any such contravention, or in order that enquiries into the matter may be pursued, may take the further action specified in paragraph (2).
(2) The further action referred to in paragraph (1)(c) is either—
(a) to direct the master of the ship to refrain, except with the consent of any authorised officer, from landing at any port specified by the officer any part of the ship's cargo that is so specified; or
(b) to request the master of the ship to take any one or more of the following steps—
(i) 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 an authorised officer that the ship may so proceed;
(ii) if the ship is then in port in the Territory, to cause her to remain there until the master is notified by an authorised officer that the ship may depart;
(iii) 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 (ii); and
(iv) to take her to any other destination that may be specified by the officer in agreement with the master.
(3) Without prejudice to the provisions of article 13(3), where—
(a) a master refuses or fails to comply with a request made under paragraph (2)(b); or
(b) an authorised officer otherwise has reason to suspect that such a request that has been so made may not be complied with,
any authorised 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) Before exercising any power conferred by this article, an authorised officer shall, if requested to do so, produce evidence of his authority.
(5) In this article "authorised officer" means—
(a) any commissioned naval or military officer;
(b) any British consular officer;
(c) any person authorised by the Governor for the purpose of this article either generally or in a particular case.
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, is being or is about to be used in contravention of paragraph (1) of that article—
(a) he 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;
(b) he 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
(c) if the aircraft is then in the Territory, any authorised person may (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under sub-paragraph (b)) further request the charterer, operator and the commander or any of them to cause the aircraft and any of its cargo to remain in the Territory until notified that the aircraft and its cargo may depart.
(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) 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—
(a) enter, or authorise entry, upon any land and upon that aircraft;
(b) detain, or authorise the detention of, that aircraft and any of its cargo; and
(c) use, or authorise the use of, reasonable force.
(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, "authorised person" means any person authorised by the Governor for the purpose of this article either generally or in a particular case.
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 paragraph (1) of article 6—
(a) he 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;
(b) he may request the operator and the 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
(c) any authorised person may (either there and then or upon consideration of any information furnished or document or goods produced in pursuance of a request made under sub-paragraph (b)) further request the operator or the driver to cause the vehicle and any goods contained in it to remain in the Territory until notified that the vehicle may depart.
(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) 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—
(a) enter, or authorise entry, upon any land and enter, or authorise entry of, that vehicle;
(b) detain, or authorise the detention of, that vehicle and any goods contained in it; and
(c) use, or authorise the use of, reasonable force.
(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, "authorised person" means any person authorised by the Governor for the purpose of this article either generally or in a particular case.
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—
(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 article 10, 11 or 12 to request that it be furnished or produced or to any person holding or acting in any office under or in the service of—
(i) the Crown in respect of the Government of the United Kingdom;
(ii) the Government of the Isle of Man;
(iii) the States of Guernsey or Alderney or the Chief Pleas of Sark;
(iv) the State of Jersey; or
(v) the Government of any British overseas territory;
(c) on the authority of the Governor, 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 Lebanon decided upon by the Security Council of the United Nations or the Council of the European Union; or
(d) with a view to the institution of, or otherwise for the purposes of, any proceedings—
(i) in the Territory, for an offence under this Order or, with respect to any of the matters regulated by this Order, for an offence relating to customs; or
(ii) for any offence under any law making provision with respect to such matters that is in force in the United Kingdom, any of the Channel Islands, the Isle of Man or any British overseas territory.
(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 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.
(3) 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 article 10(2)(a);
(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 article 10, 11 or 12 by any person empowered to make it, or
(ii) furnishes any document or information which to his knowledge is false in a material particular, or recklessly furnishes any document or information which is false in a material particular 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 person (or any person acting under the authority of any such person) in the exercise of his powers under article 10, 11 or 12.
(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) A person guilty of an offence under article 3, 4, 5 or 6(3) 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) A person guilty of an offence under article 13(3)(b)(ii) or paragraph 5(b) or (d) of Schedule 3 shall be liable—
(a) on conviction on indictment to imprisonment for a term not exceeding two 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.
(3) A person guilty of an offence under article 8(1) or (2) or article 9(4) shall be liable—
(a) on conviction on indictment to imprisonment for a term not exceeding two years or to a fine of any amount or to both; or
(b) on summary conviction to a fine not exceeding £5,000 or its equivalent or to both.
(4) A 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) A person guilty of an offence under article 7 or 9(3) 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, 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 an officer of the body corporate, the officer, as well as the body corporate, shall be guilty of the offence, and shall be liable to be proceeded against and punished accordingly.
(7) Summary proceedings for an offence, 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 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 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:
(10) Irrespective of whether such consent has been obtained, paragraph (9) does not prevent—
(a) the arrest of any person in respect of such an offence, or
(b) the remand in custody or on bail of any person charged with such an offence.
(11) In this article "offence" means an offence under this Order.
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 (other than the power to give authority under Schedule 3 to apply for a search warrant) to any person, or class or description of persons. References in this Order to the Governor shall be construed accordingly.
(2) The Governor may by regulations specify in the currency of the Territory the amount which is to be taken as equivalent to sums expressed in Sterling in this Order.
(3) 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 if—
(a) it is done anywhere other than the Territory; and
(b) it is duly authorised.
(2) A thing is duly authorised for the purpose of paragraph (1) if—
(a) 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) and
(b) that licence is granted by the authority competent in that behalf under that law.
Christine Cook
Deputy Clerk of the Privy Council
SCHEDULE 1Article 1(3)
TERRITORIES TO WHICH THIS ORDER EXTENDS
Anguilla
Bermuda
British Antarctic Territory
British Indian Ocean Territory
Cayman Islands
Falkland Islands
Montserrat
Pitcairn, Henderson, Ducie and Oeno Islands
St. Helena and Dependencies
South Georgia and the South Sandwich Islands
The Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus
Turks and Caicos Islands
Virgin Islands
SCHEDULE 2Article 1(4)
APPLICATION OF ARTICLE 15 TO THE SOVEREIGN BASE AREAS OF AKROTIRI AND DHEKELIA IN THE ISLAND OF CYPRUS
1.
Any person who commits an offence under article 3, 4, 5 or 6(3), or paragraph 5(b) or (d) of Schedule 3, shall be liable on conviction—
(a) if tried on information before the Senior Judge's Court, to imprisonment for a term not exceeding seven years, or to a fine, or to both;
(b) if tried before the Judge's Court, 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 who commits an offence under article 8(1) or (2), 9(4), 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 of any amount or both., and on summary conviction to a fine not exceeding £5,000 or its equivalent, 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(3) 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 an officer, 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:
9.
Irrespective of whether such consent has been obtained, paragraph (8) does not prevent—
(a) the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence;
(b) remand in custody or on bail of any person charged with such an offence.
SCHEDULE 3Article 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 an 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—
(a) that there is reasonable ground for suspecting that an offence under this Order or, with respect to any of the matters regulated by this Order, an offence under any enactment relating to customs has been or is being committed and that evidence of the commission of the offence is to be found on any premises specified in the information, or in any vehicle, ship or aircraft so specified; or
(b) that any documents which ought to have been produced under paragraph 1 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 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) may do any or all of the following things—
(a) inspect and search those premises or the vehicle, ship or aircraft for any material which he has reasonable grounds to believe may be evidence in relation to an offence referred to in this paragraph;
(b) seize anything on the premises or on the vehicle, ship or aircraft which he has reasonable grounds for believing is evidence in relation to an offence referred to in this paragraph;
(c) seize anything on the premises or on the vehicle, ship or aircraft which he has reasonable grounds to believe are required to be produced in accordance with paragraph 1; or
(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 (1) 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) may—
(a) search any person whom he has reasonable grounds to believe may be in the act of committing an offence referred to in this paragraph; and
(b) seize anything he finds in a search referred to in paragraph (a), if he has reasonable grounds for believing that it is evidence of an offence referred to in this paragraph:
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 any person in pursuance of a request made under this Schedule and no document seized under paragraph 2(2) shall be disclosed except—
(a) with the consent of the person by whom the information was furnished or the document was produced or the person from whom the document was seized:
Provided that a person who has obtained information or is in possession of a document only in his capacity as a 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 to any person holding or acting in any office or in the service of—
(i) the Crown in respect of the Government of the United Kingdom;
(ii) the Government of the Isle of Man;
(iii) the States of Guernsey or Alderney or the Chief Pleas of Sark;
(iv) the State of Jersey; or
(v) the Government of any British overseas territory.
(c) on the authority of the Governor, to any organ of the United Nations, the Council of the European Union, the European Commission 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 Lebanon 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—
(i) in the Territory, for an offence under this Order or, with respect to any of the matters regulated by this Order, for an offence relating to customs; or
(ii) for any offence under the law making provision with respect to such matters that is in force in the United Kingdom, any of the Channel Islands, the Isle of Man or any British overseas territory.
5.
Any person who—
(a) without reasonable excuse, refuses or fails within the time and in the manner specified (or, if no time has been specified, within a reasonable time) to comply with any request made under this Schedule by any person who is empowered to make it; or
(b) furnishes any information on produces and document which to his knowledge is false in a material particular, or recklessly furnishes any document or information which is false in a material particular to such a person in response to such a request; or
(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.
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 gives effect to Resolution 1701 (2006) adopted by the Security Council of the United Nations on the 11th August 2006, which prohibits the delivery or supply of arms and related material to Lebanon and the provision of assistance, advice and training related to the provision, manufacture, maintenance or use of arms and related material.
The substantive provisions include the following—
Article 3 makes it a criminal offence for any reason to supply restricted goods without a licence.
Article 4 prohibits the exportation of restricted goods and makes it a criminal offence to contravene this prohibition.
Article 5 prohibits the provision of assistance, advice or training relating to the provision, manufacture, maintenance or use of restricted goods and makes it a criminal offence to contravene this prohibition.
Article 6 prohibits the use of ships, aircraft and vehicles to carry restricted goods to Lebanon, and makes it a criminal offence to contravene this prohibition.
Penalties applying upon conviction for offences under the Order are provided in Article 15 and, in Schedule 2 in respect of the Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus.
Schedule 3 makes provision about information and evidence.
Notes:
[1]
1946 c.45.back
[2]
S.I.2003/2764 as amended by S.I.2004/1050, 2004/2561 and 2004/2741back
[3]
2002 c.28back
[4]
S.I.2004/3101back
ISBN
978 0 11 075767 4
| © Crown copyright 2007 |
Prepared
26 February 2007
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URL: http://www.bailii.org/uk/legis/num_reg/2007/20070283.html
