Afghanistan (United Nations Sanctions) Order 2001
| Jurisdiction | UK Non-devolved |
2001 No. 396
UNITED NATIONS
The Afghanistan (United Nations Sanctions) Order 2001
Made 14th February 2001
Laid before Parliament 15th February 2001
Coming into force 16th February 2001
At the Court at Buckingham Palace, the 14th day of February 2001
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 resolutions adopted on 15th October 1999 and 19th December 2000, 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 Afghanistan:
Now, therefore, Her Majesty, in exercise of the powers conferred on Her by section 1 of the United Nations Act 19461, 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 revocation
1.—(1) This Order may be cited as the Afghanistan (United Nations Sanctions) Order 2001 and shall come into force on 16th February 2001.
(2) If the Security Council of the United Nations takes any decision which has the effect of cancelling or postponing or suspending the operation of the resolutions adopted by it on 15th October 1999 or 19th December 2000, in whole or in part, this Order shall cease to have effect or its operation shall be postponed or suspended, in whole or in part, as the case may be, in accordance with that decision; and particulars of that decision shall be published by the Secretary of State in a notice in the London, Edinburgh and Belfast Gazettes.
(3) This Order shall extend to the United Kingdom.
(4) Articles 3, 4, 5, 7, 8, 9, 10, 14 and 15 shall apply to any person within the United Kingdom and to any person elsewhere who—
(a)
(a) is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject, a British National (Overseas), or a British protected person; or
(b)
(b) is a body incorporated or constituted under the law of any part of the United Kingdom.
(5) The Afghanistan (United Nations Sanctions) Order 19992is hereby revoked.
Interpretation
2.—(1) In this Order the following expressions have, except where otherwise expressly provided, the meanings hereby respectively assigned to them, that is to say—
“airport operator” means the person for the time being having the management of an airport or, in relation to a particular airport, the management of that airport;
“body corporate” includes a Scottish partnership and, in relation to such a partnership, any reference to a director or other officer of a body corporate is a reference to a partner;
“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 vessel, submersible vehicle or aircraft, includes the taking out of the United Kingdom of the vessel, 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;
“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;
“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 the 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;
“person connected with Usama bin Laden” means—
(a) any person designated as such by the Sanctions Committee; or
(b) any person acting on behalf of a person covered by paragraph (a) above;
“relevant institution” means—
(a) an institution authorsed under the Banking Act 19873;
(b) a European authorised institution within the meaning of the Banking Coordination (Second Council Directive) Regulations 19924which has lawfully established a branch in the United Kingdom for the purpose of accepting deposits or other repayable funds from the public; and
(c) a building society within the meaning of the Building Societies Act 19865;
“restricted goods” means the goods specified in Schedule 1;
“the Sanctions Committee” means the Committee of the Security Council of the United Nations established by paragraph 6 of Resolution 1267 adopted on 15th October 1999;
“ship” has the meaning it bears in section 313 of the Merchant Shipping Act 19956;
“shipment” (and cognate expressions) and “stores” shall have the meanings they bear in the Customs and Excise Management Act 19797;
“the Taliban” means the Afghan political faction known as the Taliban, which also calls itself the “Islamic Emirate of Afghanistan”;
“vehicle” means land transport vehicle.
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 Secretary of State under this article or article 4—
(a)
(a) supplies or delivers,
(b)
(b) agrees to supply or deliver, or
(c)
(c) does any act calculated to promote the supply or delivery of,
restricted goods to any person in Afghanistan 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 a person in Afghanistan.
(2) Nothing in paragraph (1)(b) or (c) of this article shall apply where the supply or delivery of the goods to the person concerned is authorised by a licence granted by the Secretary of State under this article.
Exportation of restricted goods to Afghanistan
4. Except under the authority of a licence granted by the Secretary of State under this article, restricted goods are prohibited to be exported from the United Kingdom to any destination in Afghanistan or to any destination for the purpose of delivery, directly or indirectly, to or to the order of any person in Afghanistan.
Provision of certain technical assistance or training
5. Any person who, except under the authority of a licence granted by the Secretary of State under this article, directly or indirectly provides to a person in Afghanistan any technical assistance or training related to:
(a) the supply, delivery, manufacture, maintenance or use of any goods specified in paragraph 1 of Schedule 1, or
(b) the military activities of the Taliban,
shall be guilty of an offence under this Order.
Use of ships, aircraft and vehicles: restricted goods, technical assistance and training
6.—(1) Without prejudice to the generality of article 3, and except under the authority of a licence granted by the Secretary of State under this article, no ship or aircraft to which this article applies, and no vehicle within the United Kingdom, shall be used for the carriage of restricted goods if the carriage is, or forms part of, carriage from any place outside Afghanistan to any destination therein.
(2) This article applies to ships registered in the United Kingdom, 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) a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject, a British National (Overseas), or a British protected person; or
(b)
(b) a body incorporated or constituted under the law of the United Kingdom.
(3) If any ship, aircraft or vehicle is used in contravention of paragraph (1) of this article then—
(a)
(a) in the case of a ship registered in the United Kingdom 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)
(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 sub-paragraph (a) or sub-paragraph (b) of paragraph (2) of this article, the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
(c)
(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...
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