Community
Provisions (Restrictive Measures – Lebanon) (Jersey) Order 2007
THE CHIEF
MINISTER, in
pursuance of Article 2 of the European Communities Legislation
(Implementation) (Jersey) Law 1996 and having regard to Council Regulation
(EC) No. 1412/2006 of 25 September 2006 concerning restrictive
measures in respect of Lebanon, as amended by Commission Regulation (EC)
No. 690/2007 of 19 June 2007, orders as follows –[2]
Commencement [see endnotes]
1 Interpretation
In this Order, unless the
context otherwise requires –
“Council Regulation”
means Council Regulation (EC) No. 1412/2006 concerning certain restrictive
measures in respect of Lebanon (OJ No. L267/2, 27.9.2006) as amended
by Commission Regulation (EC) No. 690/2007 (OJ No. L159/39, 20.6.2007);
“technical
assistance” means any technical support related to repairs, development,
manufacture, assembly, testing, maintenance, or any other technical service,
and includes instruction, advice, training, transmission of working knowledge
or skills or consulting services and verbal forms of assistance;
“UNIFIL” means
the United Nations Interim Force in Lebanon.
2 Prohibition on provision of assistance and financing
(1) It
shall be prohibited to provide, directly or indirectly, without being authorized to do so under this
Order, technical assistance related to military activities and to the
provision, manufacture, maintenance and use of arms and related matériel of all types, including weapons and
ammunition, military vehicles and equipment, paramilitary equipment, and spare
parts for any of those items, to any natural or legal person, entity or body
in, or for use in, Lebanon.
(2) It
shall be prohibited to provide, directly or indirectly, without being authorized to do so under this
Order, financing or financial assistance related to military activities,
including in particular grants, loans and export credit insurance, for any
sale, supply, transfer or export of arms and related matériel,
or for any provision of related technical assistance, to any natural or
legal person, entity or body in, or for use in, Lebanon.
(3) It
shall be prohibited to participate, knowingly and intentionally, in activities
the object or effect of which is, directly or indirectly, to circumvent any
prohibition referred to in paragraph (1) or (2).
3 Authorizations
for provision of assistance to persons other than armed forces of Lebanese
Republic
(1) The
Minister may, on the application of a person, authorize the provision of
technical assistance, financing and financial assistance related to arms or
related matériel which are either in,
or for use in, Lebanon, to a person, entity or body, who or which is not the
armed forces of the Lebanese Republic.
(2) An
authorization under paragraph (1) may be subject to such conditions as the
Minister thinks fit.
(3) The
Minister shall not grant an authorization under paragraph (1) unless he or
she has notified the Government of Lebanon and UNIFIL.
(4) The
Minister shall only grant an authorization under paragraph (1)
if –
(a) the
services that it authorizes would not be provided, directly or indirectly, to
any militia for whose disarmament the UN Security Council has called in its
Resolutions 1559 (2004) and 1680 (2006);
(b) the
authorization is granted on a case-by-case basis; and
(c) the
Government of Lebanon or UNIFIL authorized in each case the provision to the
person, entity or body concerned of the services concerned.
(5) For
the purposes of paragraph (4)(c), if the Government of Lebanon or UNIFIL
authorizes a specific supply or transfer to a person, entity or body of
specific arms or related matériel,
that authorization may be construed as authorizing the provision to that
person, entity or body of technical assistance related to the provision,
manufacture, maintenance and use of the goods concerned.
4 Authorizations
for provision of assistance to the armed forces of Lebanese Republic
(1) The
Minister may, on the application of a person, authorize the provision to the
armed forces of the Lebanese Republic of technical assistance related to
military activities and to arms or related matériel,
and of financing and financial assistance related to military activities.
(2) An
authorization under paragraph (1) may be subject to such conditions as the
Minister thinks fit.
(3) The
Minister shall only grant an authorization under paragraph (1) if –
(a) he or
she has notified the Government of Lebanon and UNIFIL; and
(b) the
Government of Lebanon has not, within 14 days after receiving notification
under sub-paragraph (a), objected to the authorization.
5 Authorizations
for provision of assistance to UNIFIL
(1) The
Minister may, on the application of a person, authorize the provision of
technical assistance related to military activities and to arms or related matériel if –
(a) the
goods to which the assistance relates are in use or will be used by UNIFIL in
the performance of its mission; and
(b) the services
are provided to armed forces that are or will be part of UNIFIL.
(2) An
authorization under paragraph (1) may be subject to such conditions as the
Minister thinks fit.
(3) The
Minister may, on the application of a person, authorize the provision of
financing and financial assistance related to military activities and to arms
or related matériel if –
(a) the
financing or financial assistance is provided to UNIFIL, to the armed forces of
a State that provides troops to UNIFIL, or to a public authority in charge of
procurement for the armed forces of such a State; and
(b) the
arms or related matériel are procured for the purpose of use by UNIFIL or by the armed
forces of the State concerned assigned to UNIFIL.
6 Use
and provision of information by Minister
(1) The
Minister shall only use information supplied or provided under this Order for
the purposes described in this Order.
(2) The
Minister may inform the European Commission of the measures taken under this
Order.
(3) The
Minister may supply the European Commission with any other relevant information
at his or her disposal in connection with this Order, in particular,
information in respect of violation and enforcement problems and judgments
handed down by any court in Jersey.
(4) The
Minister may, for the purpose of assisting the European Commission or any
competent authority of a Member State that is set out in the Annex to this
Order in facilitating compliance with the Council Regulation, supply the
Commission or authority with information provided to the Minister under Article 7.
7 Provision
of information upon the request of the Minister
(1) The
Minister (or any person authorized by the Minister for that purpose either
generally or in a particular case) may request a person in or resident in Jersey
to –
(a) provide
to the Minister information; or
(b) produce
to the Minister a document,
in the person’s
possession or control, that the Minister may require for the purpose of ensuring
compliance with this Order or of facilitating compliance with the Council
Regulation.
(2) A
person to whom a request is made under paragraph (1) shall comply with it
within such time and in such manner as may be specified in the request.
(3) Nothing
in paragraph (2) shall require a person who has acted as legal adviser for
a person to disclose a privileged communication made to the person in that
capacity.
(4) If
a person is convicted of an offence under this Order of failing to provide
information or to produce a document, the court may make an order requiring the
person, within the period that may be specified in the order, to provide the
information or produce the document.
(5) The
power conferred by this Article to request a person to produce a document
includes the power to take copies of or extracts from a document so produced
and to request the person or, if the 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 such document.
(6) Information
provided or a document produced (including any copy or extract made of a
document produced) by a person in pursuance of a request made under paragraph (1)
shall not be disclosed except –
(a) subject
to paragraph (7), with the consent of the person by whom the information
was provided or the document was produced;
(b) to a
person who would have been empowered under this Article to request that it be
provided or produced or a person holding or acting in an office under or in the
service of the States; or
(c) with
a view to the institution of, or otherwise for the purposes of, proceedings for
an offence under this Order.
(7) A
person who has obtained information or is in possession of a document only in
the person’s capacity as an employee or agent of another person may not
give consent for the purposes of paragraph (6)(a) but such consent may
instead be given by a person who is entitled to that information or to
possession of that document in the person’s own right.
8 Offences
(1) A
person who –
(a) contravenes
Article 2;
(b) intentionally
provided false information or a false explanation to any person exercising
powers under Article 7; or
(c) with
intent to evade Article 7, destroys, mutilates, defaces, secretes or
removes any document,
shall be guilty of an
offence and liable to imprisonment for a term of 2 years and to a fine.
(2) A
person who, without reasonable excuse, refuses or fails within the time and
manner specified (or, if no time has been specified, within a reasonable time)
to comply with a request made under Article 7 shall be guilty of an
offence and liable to imprisonment for a term of 3 months and to a fine.
(3) If
an offence under this Order committed by a limited liability partnership or
body corporate is proved to have been committed with the consent or connivance
of, or to be attributable to any neglect on the part of –
(a) a
person who is a partner of the partnership, or director, manager, secretary or
other similar officer of the body corporate; or
(b) a
person purporting to act in any such capacity,
the person shall also be
guilty of the offence and liable in the same manner as the partnership or body
corporate to the penalty provided for that offence.
(4) If
the affairs of a body corporate are managed by its members, paragraph (3)
shall apply in relation to acts and defaults of a member in connection with the
member’s functions of management as if the member were a director of the
body corporate.
(5) A
person who aids, abets, counsels or procures the commission of an offence under
this Order shall also be guilty of the offence and liable in the same manner as
a principal offender to the penalty provided for that offence.
(6) A
prosecution for an offence under this Order shall not be instituted without the
consent of the Attorney General.
9 Applicability
of Customs
and Excise (Jersey) Law 1999 to certain offences
(1) Article 48
of the Customs
and Excise (Jersey) Law 1999 shall apply to the arrest of a person for
an offence against Article 8 of this Order as it applies to the arrest of
a person for an offence under the Customs and Excise
(Jersey) Law 1999.
(2) Articles 64
to 67 of the Customs
and Excise (Jersey) Law 1999 shall apply in relation to offences
against Article 8 of this Order, offences and penalties for such offences,
and proceedings for such offences, as those Articles apply in relation to
offences, penalties, and proceedings for offences, under that Law.
10 Delegation
The Minister may, to such
extent and subject to such restrictions and conditions as he or she may think
proper, delegate or authorize the delegation of any of his or her functions
under this Order to any person, or class or description of person, approved by
the Minister.
11 Application
of Order
This Order shall apply to
Jersey (including its air space and on board any aircraft or vessel under the
jurisdiction of Jersey) and to any body incorporated or constituted under the
law of Jersey.
12 Citation
This Order may be cited
as the Community Provisions (Restrictive Measures – Lebanon)
(Jersey) Order 2007.