Iraq (United Nations Sanctions) (Channel Islands) Order 2000
Jersey R & O 71/2001
THE IRAQ (UNITED NATIONS SANCTIONS) (CHANNEL ISLANDS) ORDER 2000
____________
(Registered on the 30th day
of March 2001)
____________
At the Court at Buckingham
Palace
____________
13th day of December 2000
____________
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 have, by a resolution adopted on 6th
August 1990, 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 Iraq:
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 and extent
1.-(1) This Order may be cited as
the Iraq (United Nations Sanctions) (Channel Islands) Order 2000, and shall
come into force on 14th
December 2000.
(2) If, after the making of this Order,
the Security Council of the United Nations takes a decision which has the
effect of cancelling, amending or suspending the operation of the resolution
adopted by it on 6th August 1990 in whole or in part, this Order shall cease to
have effect or be deemed to be amended, 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) Articles 2 to 7 and 9 of this
Order apply to any person within the Bailiwick of Guernsey or, as the case may
be, the Bailiwick of Jersey, and to any person elsewhere who -
(a) is a British citizen, a British
Dependent Territories citizen, a British overseas citizen, a British National
(Overseas), a British subject or a British protected person and is ordinarily
resident in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of
Jersey; or
(b) is a body corporate incorporated or
constituted under the law of any part of the Bailiwick of Guernsey or, as the
case may be, that of the Bailiwick of Jersey.
(4) This Order extends to the Channel
Islands so as to the law, respectively, in the Bailiwick of Guernsey and in the
Bailiwick of Jersey only.
Interpretation
2. In this
Order -
“Attorney
General”, except where the context otherwise requires, means -
(a) in the application of this Order to
the Bailiwick of Guernsey, the Attorney General or the Solicitor General for Guernsey; and
(b) in the application of this Order to
the Bailiwick of Jersey, the Attorney General of Jersey;
“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;
“funds”
means financial assets and economic benefits of any kind, including (but not
limited to) gold coin, gold bullion, cash, cheques, claims on money, drafts,
money orders and other payment instruments; deposits with financial
institutions or other entities, balances on accounts, debts and debt
obligations, securities and debt instruments (including stocks and shares,
certificates representing securities, bonds, notes, warrants, debentures,
debenture stock and derivatives contracts); interest, dividends or other income
on or value accruing from or generated by assets; credit, rights of set-off,
guarantees, performance bonds or other financial commitments; letters of
credit, bills of lading, bills of sale; documents evidencing an interest in
funds or financial resources, and any other instrument of export financing;
“professional
legal adviser” in the application of this Order to the Bailiwick of
Jersey, means an advocate or solicitor;
“relevant
enforcement authority” means -
(a) for the purposes of article 4 in
its application -
(i) to
the Bailiwick of Guernsey, the Attorney
General or the Solicitor General for Guernsey,
and
(ii) to the Bailiwick of Jersey, the
Finance and Economics Committee;
(b) for the purposes of article 8, 9(1)
or 10(1)(c), the Attorney General; and
(c) for all other purposes, the Lieutenant
Governor in relation to the Bailiwick of Guernsey and the Finance and Economics
Committee in relation to the Bailiwick of Jersey;
“relevant
institution” means -
(a) in relation to the Bailiwick of
Guernsey, an institution licensed by the Guernsey Financial Services Commission
under the Banking Supervision
(Bailiwick of Guernsey) Law, 1994; and
(b) in relation to the Bailiwick of
Jersey, an institution within the meaning of Article 1(1) of the Banking Business (Jersey) Law 1991, as amended;
“the
standard scale” means -
(a) in relation to the Bailiwick of
Guernsey, the standard 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 relation to the Bailiwick of
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.
(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.
Making funds available to
Iraq
3. Any
person who, except under the authority of a licence granted under
article 5 by the relevant enforcement authority -
(a) makes any funds available to the
Government of the Republic
of Iraq or any person who
is resident in the Republic
of Iraq; or
(b) otherwise remits or removes any
funds from the Bailiwick of Guernsey or the Bailiwick of Jersey, as the case
may be, to a destination in the Republic
of Iraq,
is guilty of an offence in the Bailiwick in question.
Freezing of funds on
suspicion
4.-(1) Where the relevant enforcement authority has
reasonable grounds for suspecting that any funds held by any person are or may
be -
(a) funds of the Government of the Republic of Iraq, or a person who is resident in the
Republic of Iraq; or
(b) held on behalf of the Government or
any such person,
it may by notice direct that those funds are not to be made
available to that Government or that person, except under the authority of a
licence granted under article5.
(2) A notice given under paragraph (1)
above shall specify the period for which it is to have effect, which shall be not longer than 5 working days.
(3) In paragraph (2) above,
“working day” has, in relation to the Bailiwick of Jersey, the
meaning given to it in the Public
Holidays and Bank Holidays (Jersey) Law 1951, as amended, and in relation to the Bailiwick of Guernsey means any day other
than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a
public holiday in that Bailiwick.
(4) The relevant enforcement authority
may by notice revoke a direction that they have granted under paragraph (1)
at any time.
(5) The expiry or revocation of a
direction shall not affect the application of article 3 in respect of the
funds in question.
(6) A notice under paragraph (1)
or (4) above shall be given in writing to the person holding the funds in
question (“the recipient”) and shall require the recipient to send
a copy of the notice without delay to the person whose funds they are, or on
whose behalf they are held (“the owner”).
(7) A recipient shall be treated as
complying with that requirement if, without delay, he sends a copy of the
notice to the owner at his last-known address or, if he does not have an
address for the owner, he makes arrangements for a copy of the notice to be
supplied to the owner at the first available opportunity.
(8) Any person who contravenes a
direction under paragraph (1) above is guilty of an offence.
(9) A recipient who fails to comply
with such a requirement as is mentioned in paragraph (6) above is guilty
of an offence.
Licences
5.-(1) A licence granted under this Order shall be in
writing and may be -
(a) granted either generally or to one
or more particular persons;
(b) granted either absolutely or
subject to compliance with such conditions as are specified in the licence;
(c) either of indefinite duration or
expressed to expire on a specified date.
(2) A licence granted to one or more
particular persons may be revoked or varied at any time by written notice given
by the relevant enforcement authority to each of those persons.
(3) The relevant enforcement authority
shall publish a general licence in such manner as it thinks fit. A general
licence may be revoked or varied at any time by written notice which shall be
published by the relevant enforcement authority in the same manner as the
licence.
(4) Any person who, in doing or having
done an act mentioned in article 3(a) or (b) or 4(1) under the authority
of a licence, contravenes or fails to comply with a condition specified in the
licence, is guilty of an offence, unless the condition is one imposed as a
result of a variation of the licence made without his consent after he did the
act.
(5) A notice under paragraph (2)
may be given by post, and shall be deemed to have been given to a person if it
sent to him at his last-known address.
Facilitation of offences
under article 3 or 4(8)
6. Any person
who knowingly and intentionally engages in any activities the object or effect
of which is to enable or facilitate the commission (by that person or another)
of an offence under article 3 or 4(8) is guilty of an offence.
Offences in connection
with applications for licences
7. Any person
who, for the purposes of obtaining a licence under article 5, knowingly or
recklessly makes any statement or furnishes any document or information which
is false in a material particular is guilty of an offence.
Failure to disclose
knowledge or suspicion of sanctions offences
8.-(1) A relevant institution is guilty of an offence
if -
(a) it knows or suspects that a person
is resident in the Republic
of Iraq, or has committed
an offence under article 3, 4(8) or 5(4);
(b) the person is, or has been at any
time since the coming into force of this Order, a customer of the institution,
or is a person with whom the institution has had dealings in the course of its
business since that time; and
(c) it does not disclose to the
relevant enforcement authority the information or other matter on which the
knowledge or suspicion is based as soon as is reasonably practicable after that
information or other matter comes to its attention.
(2) Where a relevant institution
discloses to the relevant enforcement authority -
(a) its knowledge or suspicion that a
person is resident in the Republic of Iraq, or has committed an offence under
article 3, 4(8) or 5(4); or
(b) any information or matter on which
that knowledge or suspicion is based,
the disclosure shall not be treated as a breach of any restriction
imposed by statute or otherwise.
Obtaining of information
9.-(1) The relevant enforcement authority may, by notice in
writing given to any person to whom this article applies, require that person
to -
(a) furnish any information in his
possession or control and specified in the notice; or
(b) produce any documents in his
possession or control and specified in the notice,
which the relevant enforcement authority may require for the purpose
of ensuring compliance with, or detecting evasion of, this Order.
(2) Any person to whom such a requirement
is given shall comply with it within such time, in such manner and at such
place as may be specified in the notice.
(3) A notice under paragraph 9(1)
may be given by post, and shall be deemed to have been given to a person if it
is sent to him at his last-known address.
(4) Nothing in this article shall
require any person who has acted as professional legal adviser for any person
to produce or disclose any privileged communication or document in his
possession in that capacity.
(5) The furnishing of any information
or the production of any document under this article shall not be treated as a
breach of any obligation as to secrecy or other restriction upon the disclosure
of information imposed by statute or otherwise.
(6) The power conferred by this article
to require any person to produce documents shall include power to take copies
of or extracts from any document so produced and to require 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 such document.
(7) Any person who -
(a) without reasonable excuse, refuses
or fails to comply with any requirement under paragraph (1);
(b) intentionally furnishes false information
or a false explanation in purported compliance with a requirement under
paragraph (1); or
(c) with intent to evade the provisions
of this article, destroys, mutilates, defaces, secretes or removes any
document,
is guilty of an offence.
(8) Where a person is convicted of an
offence under this article of failing to furnish any information or produce any
document, 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.
Disclosure of information
10.-(1) No information furnished or document produced
(including any copy or extract made of any document produced) by any person in
pursuance of this Order 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 possession of that
document in his own right;
(b) 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 the Schedule to this Order;
(c) on the authority of the relevant
enforcement authority, to -
(i) any
organ of the United Nations or any person in the service of the United Nations,
or
(ii) the Government of, or any competent
authority in, any other country,
for the purpose of assisting the United Nations or that Government
or authority in securing compliance with or detecting evasion of measures in
relation to Iraq
decided upon by the Security Council of the United Nations;
(d) with a view to the initiation of,
or otherwise for the purposes of, any investigation into the commission or
possible commission of an offence under this Order; or
(e) with a view to the institution of,
or otherwise for the purposes of, any proceedings for an offence under this
Order.
(2) Any person who, without reasonable
excuse, discloses information or a document in contravention of paragraph (1)
is guilty of an offence.
Penalties and proceedings
11.-(1) Any person guilty of an offence under
article 3, 4(8), 5(4) or 6 shall be liable in the Bailiwick of
Guernsey -
(a) on conviction on indictment to
imprisonment for a term not exceeding seven years, or a fine, or both;
(b) on summary conviction to
imprisonment for a term not exceeding six months, or a fine not exceeding
level 5 on the standard scale, or both;
and in the Bailiwick of Jersey, on conviction to imprisonment for a
term not exceeding seven years, or to a fine, or to both.
(2) Any person guilty of an offence
under article 7, 9(7)(b) or (c) or 10(2) shall be liable in the Bailiwick
of Guernsey -
(a) on conviction on indictment to
imprisonment for a term not exceeding two years, or a fine, or both;
(b) on summary conviction to
imprisonment for a term not exceeding three months, or a fine not exceeding
level 5 on the standard scale, or both;
and in the Bailiwick of Jersey, on conviction to imprisonment for a
term not exceeding two years, or to a fine, or to both.
(3) Any person guilty of an offence
under article 4(9), 8 or 9(7)(a) shall be liable in the Bailiwick of
Guernsey on summary conviction to imprisonment for a term not exceeding three
months, or a fine not exceeding level 5 on the standard scale, and in the
Bailiwick of Jersey on conviction on imprisonment for a term not exceeding
three months or to a fine not exceeding level 4 on the standard scale, or to both.
(4) 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, 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.
(5) Proceedings against any person for
an offence under this Order, in its application to the Bailiwick of Guernsey,
may be taken before the appropriate court in the Bailiwick having jurisdiction
in the place where that person is for the time being.
(6) 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 functions
12. The relevant enforcement
authority may, to such extent and subject to such restrictions and conditions
as it may think proper, delegate or authorise the delegation of any of its
functions under this Order to any person, or class or description of person,
approved by it, and references in this Order to the relevant enforcement
authority shall be construed accordingly.
A.K. GALLOWAY
Clerk of the Privy Council.
SCHEDULE
(Article 10(1)(b)(v))
DISCLOSURE OF INFORMATION: LISTED TERRITORIES
Anguilla
Bermuda
British Antarctic Territory
British Indian Ocean Territory
British Virgin Islands
Cayman Islands
Falkland Islands
Gibraltar
Montserrat
Pitcairn, Henderson, Ducie and Oeno
Islands
St. Helena
St. Helena Dependencies
South Georgia and the South Sandwich Islands
Turks and Caicos Islands
The UK Sovereign base Areas of Akrotiri
and Dhekelia in the Island of Cyprus