Somalia (United Nations
Sanctions) (Channel Islands) Order 2002
THE SOMALIA (UNITED NATIONS
SANCTIONS) (CHANNEL ISLANDS) ORDER 2002
____________
(Registered on the 8th day of November 2002)
____________
At
the Court at Buckingham
Palace
____________
22nd day of October 2002
____________
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 23rd January 1992, 19th June 2001 and 22nd
July 2002, 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 Somalia:
NOW, THEREFORE, Her Majesty, in
exercise of the powers conferred on Her by section 1 of the United Nations Act 1946, is
pleased, by and with the advice of Her Privy Council, to order, and it is
hereby ordered, as follows: -
Citation, commencement,
operation, extent and amendment
1.-(1) This Order may be cited as the Somalia (United
Nations Sanctions) (Channel Islands) Order 2002 and shall come into force on 24th October 2002.
(2) If the Security Council of the
United Nations takes any decision which has the effect of cancelling or
suspending the operation of the resolutions adopted by it on 23rd January 1992,
19th June 2001 or 22nd July 2002, in whole or in part, this Order shall cease
to have effect or its operation shall be 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 Guernsey and Jersey.
(4) Articles 3, 4 and 5 shall
apply to any person within the Channel Islands 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 Guernsey or Jersey; or
(b) a body incorporated or constituted
under the law of any part of Guernsey or Jersey.
(5) The United Nations Arms Embargoes (Somalia,
Liberia and Rwanda) (Channel Islands) Order 1996, as amended shall be
amended as follows -
(a) by substituting, in article 2,
“prohibited destination” for “prohibited desgination”;
(b) by deleting “Somalia
or” from
(i) the
definition of “prohibited destination” in article 2,
(ii) article 8(9)(c) and
(iii) paragraph 4(c) of the Schedule; and
(c) by substituting for the words
“Finance and Economics Committee” at each place where they occur,
the words “Policy and Resources Committee”.
Interpretation
2.-(1) In this Order, unless
the context otherwise requires -
“Attorney
General” means -
(a) in the application of this Order to
Guernsey, the Attorney General or the
Solicitor General for Guernsey; and
(b) in the application of this Order to
Jersey, the Attorney General for Jersey;
“Chief
Revenue Officer” and “States Revenue Officer”, in the
application of this Order to Guernsey, have the meanings they bear in the Customs and Excise (General Provisions)
(Bailiwick of Guernsey) Law 1972; and “States Revenue
Officer”, in the application of this Order to Jersey, means the Agent of
the Impôts and any officer of the Impôts (and any person authorised by the Agent of the
Impôts);
“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 Guernsey or, as the case may be, Jersey 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;
“Guernsey” means the Bailiwick of Guernsey;
“Jersey” means the Bailiwick of Jersey;
“licensing
authority” means -
(a) in the case of Guernsey,
the Attorney General for Guernsey; and
(b) in the case of Jersey,
the Policy and Resources Committee of the States of Jersey;
“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;
“police
officer” means -
(a) in relation to Guernsey, Herm and Jethou a member of the salaried police force of the Island
of Guernsey, and, within the limits of his jurisdiction, a member of the
special constabulary of the Island of Guernsey;
(b) in relation to Alderney, a member
of the said police force and a member of any police force which may be established
by the States of Alderney;
(c) in relation to Sark, the constable,
the Vingtenier and a member of the said police force
of the Island of Guernsey; and
(d) in relation to Jersey, a member of
the Honorary Police or a member of the States of Jersey Police Force;
“restricted
goods” means the goods specified in Part III of Schedule 1 to
the Export of Goods (Control) Order
1994 as amended;
“ship”
includes every description of vessel used in navigation;
“shipment”
(and cognate expressions) and “stores” shall -
(a) in the application of this Order to
Guernsey, have the meanings they bear in the Customs and Excise (General Provisions)
(Bailiwick of Guernsey) Law 1972, and
(b) in the application of this Order to
Jersey, have the meanings they bear in the Customs and Excise (Jersey) Law 1999, as amended;
“the
standard scale” means -
(a) in the application of this Order to
Guernsey, the uniform scale of fines specified for the time being in section 1
of the Uniform Scale of Fines
(Bailiwick of Guernsey) Law 1989, as amended, and
(b) in the application of this Order to
Jersey, the standard scale of fines specified
for the time being in the Schedule to the Criminal Justice (Standard Scale of Fines)
(Jersey) Law 1993, as amended;
“vehicle”
means land transport vehicle.
(2) Any reference to an Act of
Parliament of the United Kingdom shall, in the case of a provision which has
been extended to the Channel Islands or otherwise applies to the Channel
Islands, be construed as a reference to that provision as it has effect there.
RESTRICTED GOODS, TECHNICAL ASSISTANCE AND TRAINING
Supply of restricted goods
3.-(1) Any person who,
except under the authority of a licence granted by the licensing authority
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 person in Somalia shall be guilty of an
offence, 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 a person in Somalia.
(2) Nothing in paragraph (1)(b) or
(c) shall apply where the supply or delivery of the goods to the person
concerned is authorised by a licence granted by the licensing authority under
this article.
Exportation of restricted
goods to Somalia
4. Except
under the authority of a licence granted by the licensing authority under this
article, restricted goods are prohibited to be exported from any of the Channel
Islands to any destination in Somalia or to any destination for
the purpose of delivery, directly or indirectly, to or to the order of any
person in Somalia.
Provision of technical
advice, assistance or training relating to military activities
5. Any
person who, except under the authority of a licence granted by the licensing
authority under this article, directly or indirectly provides to any person in Somalia any
(a) technical advice,
(b) financial or other assistance, or
(c) training,
related to military activities shall be guilty of an offence, unless
he proves that he did not know and had no reason to suppose that the technical
advice, financial or other assistance, or training in question was to be
provided to a person in Somalia.
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 licensing authority under this article, no ship or aircraft to
which this article applies, and no vehicle within any of the Channel Islands
shall be used for the carriage of restricted goods if the carriage is, or forms
part of, carriage from any place outside Somalia to any destination therein.
(2) This article applies to ships
registered in Guernsey or, as the case may be, Jersey, to aircraft registered
in the United Kingdom and to any other ship or aircraft that is for the time
being chartered to any person referred to in article 1(4).
(3) If any ship, aircraft or vehicle is
used in contravention of paragraph (1) then -
(a) in the case of a ship registered in
Guernsey or, as the case may be, Jersey or any aircraft registered in the
United Kingdom, 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 article 1(4),
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, 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 Somalia to any destination therein.
(4) Nothing in paragraph (1) shall
apply where the supply or delivery or exportation from Guernsey
or, as the case may be, Jersey of the goods
concerned to Somalia
was authorised by a licence granted by the licensing authority 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.
GENERAL
Customs powers to demand
evidence of destination which goods reach
7. Any
exporter or any shipper of prohibited goods which have been exported from
Guernsey or, as the case may be, Jersey shall, if so required by the Chief
Revenue Officer or a States Revenue Officer, furnish within such time as they
may allow proof to their 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, 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 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.
(2) Any person who has done any act
under the authority of a licence granted by the licensing authority under this
Order and who fails to comply with any conditions attaching to that licence
shall be guilty of an offence:
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 licensing authority after the doing of
the act authorised by the licence.
Declaration as to goods:
power of search
9.-(1) Any person who is
about to leave Guernsey or, as the case may be, Jersey shall, if he is required
to do so by the Chief Revenue Officer or a States Revenue Officer -
(a) declare whether or not he has with
him any restricted goods which are destined for Somalia or for delivery
directly or indirectly, to or to the order of any person in Somalia; and
(b) produce such goods as aforesaid
which he has with him.
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.
(2) 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.
(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.
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
paragraph (1) of article 6, 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) below.
(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 Guernsey or, as the case may be, Jersey, 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 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.
(4) In this article “authorised
officer” means a Chief Revenue Officer or a States Revenue Officer or -
(a) in the case of Guernsey any officer
as is referred to in section 284(1) of the Merchant Shipping Act 1995 as
extended to Guernsey by the Merchant shipping (Oil Pollution and General
Provisions) (Guernsey) Order 1998; and
(b) in the case of Jersey,
the Harbour Master or an officer appointed to deputise for him.
Investigation, etc. of
suspected aircraft
11.-(1) Where any authorised
officer or authorised person has reason to suspect that any aircraft 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 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 their or his inspection
such documents so relating and such cargo as he may specify; and
(c) if the aircraft is then in Guernsey
or, as the case may be, Jersey, any authorised officer or 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 Guernsey or, as the case
may be, Jersey until notified that the aircraft and its cargo may depart.
(2) Without prejudice to the provisions
of article 13(3), where an authorised officer or 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
officer” means any States Revenue Officer and, in respect of Jersey, the Airport Director; and
“authorised
person” means any person authorised by the Attorney General for the
purpose of this article either generally or in a particular case.
Investigation, etc. of
suspected vehicles
12.-(1) Where any authorised
officer or authorised person has reason to suspect that any vehicle in Guernsey
or, as the case may be, Jersey has been or is being or is about to be used in
contravention 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 officer or
authorised person may (either there an 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 Guernsey or, as
the case may be, Jersey until notified that the vehicle may depart.
(2) Without prejudice to the provisions
of article 13(3), where any authorised officer or 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
officer” means any States Revenue Officer; and
“authorised
person” means any person authorised by the Attorney General 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 States of Jersey;
or
(v) the Government of any territory
listed in Schedule 1;
(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 Somalia 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 Bailiwick in question, 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 other Bailiwick
to which this Order applies, the United Kingdom, the Isle of Man or any territory listed in Schedule 1.
(2) Any power conferred by article 10,
11 or 12 to request the furnishing of information or the production of a
document or of a 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, 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
such 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 2 shall have effect in order to facilitate the
obtaining, by or on behalf of the Attorney General, the licensing authority or,
in the case of Guernsey the Chief Revenue Officer or, in the case of Jersey, a States Revenue Officer -
(a) of evidence and information for the
purpose of securing compliance with or detecting evasion of -
(i) this
Order in the Bailiwick in question;
(ii) any law making provision with
respect to any of the matters regulated by this Order that is in force in the
other Bailiwick to which this Order applies, the United Kingdom, the Isle of
Man or any territory listed in Schedule 1; and
(b) of evidence of the commission
of -
(i) in
the Bailiwick in question, an offence under this Order or, with respect to any
of the matters regulated by this Order, an offence relating to customs; or
(ii) with respect to any of those
matters, an offence under the law of the other Bailiwick to which this Order
applies, the United Kingdom,
the Isle of Man or any territory listed in
Schedule 1.
Investigations by a States
Revenue Officer or Chief Revenue Officer
15. Where
in the case of Guernsey the Chief Revenue Officer, or in the case of Jersey, a
States Revenue Officer, investigates or proposes to investigate any matter with
a view to determining -
(a) whether there are grounds for
believing that an offence under this Order has been committed, or
(b) whether a person should be prosecuted
for such an offence,
the matter shall be treated as an assigned matter within the meaning
of section 1(1) of the Customs
and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972 as
amended, in relation to Guernsey, and of Article 1(1) of the Customs and Excise (Jersey) Law 1999, as amended, in relation to Jersey.
Penalties and proceedings
16.-(1) Any person guilty of
an offence under article 3, 5 or 6(3) shall be liable in Guernsey -
(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
level 5 on the standard scale or to both;
and in Jersey, on conviction to
imprisonment for a term not exceeding seven years, or to a fine, or to both.
(2) Any person guilty of an offence
under article 13(3)(b)(ii) or paragraph 5(b) or (d) of Schedule 2
shall be liable in Guernsey -
(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
level 5 on the standard scale or to both;
and in Jersey, on conviction to
imprisonment for a term not exceeding two years or to a fine or to both.
(3) Any person guilty of an offence
under article 8(1) or (2) or article 9(3) of this Order shall be
liable in Guernsey -
(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 a fine not
exceeding level 5 on the standard scale;
and in Jersey, on conviction to
imprisonment for a term not exceeding two years or to a fine or to both.
(4) Any person guilty of an offence
under article 13(3)(a), (b)(i) or (c), or
paragraph 5(a) or (c) of Schedule 2, shall be liable -
(a) in Guernsey on summary conviction
to imprisonment for a term not exceeding six months or to a fine not exceeding
level 5 on the standard scale or to both;
(b) in Jersey,
on conviction to imprisonment for a term not exceeding six months or to a fine
not exceeding level 4 on the standard scale or to both.
(5) Any person guilty of an offence
under article 7 or 9(2) shall be liable -
(a) in Guernsey
on summary conviction to a fine not exceeding level 5 on the standard
scale;
(b) in Jersey,
on conviction to a fine not exceeding level 4 on the standard scale.7
(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) Proceedings against any person for
an offence under this Order in its application to Guernsey
may be taken before the appropriate court in the Bailiwick 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 except by or with the consent of the Attorney
General:
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
licensing authority
17.-(1) The licensing authority may, to such extent and
subject to such restrictions and conditions as he or it may think proper,
delegate or authorise the delegation of any of his or its powers under this
Order to any person, or class or description of persons, approved by him or it,
and reference in this Order to the licensing authority shall be construed
accordingly.
(2) 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.
A.K.
GALLOWAY
Clerk of the Privy Council.
SCHEDULE 1
(Article 13)
DISCLOSURE OF INFORMATION – LISTED TERRITORIES
Anguilla
Bermuda
British Antarctic Territory
British Indian Ocean Territory
Cayman Islands
Falkland Islands
Gibraltar
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
Turks and Caicos Islands
Virgin Islands
SCHEDULE 2
(Article 14)
EVIDENCE AND INFORMATION
1.-(1) Without
prejudice to any other provision of this Order, or any provision of any other
law,
(a) the Attorney General, or
(b) in the case of Guernsey,
the Chief Revenue Officer; or
(c) in the case of Jersey,
the licensing authority or a States Revenue Officer,
may request any person in or
resident in Guernsey or, as the case may be, Jersey to furnish any information
in his possession or control, or to produce any document in his possession or
control, which he or it 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)
shall be taken to require any person who has acted as a professional legal
adviser 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 document 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
the Bailiff is satisfied by information on oath -
(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 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 of this Schedule 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, in
the case of Guernsey any States Revenue Officer, together with any other
persons named in the warrant and any other police officers, 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) A police officer or other 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 of this Schedule;
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 (2) 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, in the case of
Guernsey any States Revenue Officer, 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 who 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 search 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.
(7) In the application of this
paragraph to the islands of Alderney and Sark, any reference to the Bailiff includes a reference,
in the case of Alderney to the Chairman of the
Court of Alderney, and in the case of Sark, to
the Seneshal.
3. A person
authorised -
(a) in Guernsey
by the licensing authority or by the Chief Revenue Officer; or
(b) in Jersey
by the Agent of the Impôts,
to exercise any power for the purposes of this Schedule shall, if
requested so to do, 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 a 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 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; or
(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 actin 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 States of Jersey;
or
(v) the Government of any territory
listed in Schedule 1;
(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 Somalia 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 Bailiwick in question, 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
(ii) for any offence under any law
making provision with respect to such matters that is in force in the other
Bailiwick to which this Order applies, the United Kingdom, the Isle of Man or any territory listed in Schedule 1.
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 or
produces any 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 respect 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 provision
of this Schedule, destroys, mutilates, defaces, secretes or removes any
document,
shall be guilty of an offence.