Afghanistan (United Nations Sanctions) Order 1999
| Jurisdiction | UK Non-devolved |
1999 No. 3133
UNITED NATIONS
The Afghanistan (United Nations Sanctions) Order 1999
Made 24th November 1999
Laid before Parliament 25th November 1999
Coming into force 26th November 1999
At the Court of Buckingham Palace, the 24th day of November 1999
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 a resolution adopted on 15th October 1999, 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 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 and extent
1.—(1) This Order may be cited as the Afghanistan (United Nations Sanctions) Order 1999 and shall come into force on 26th November 1999.
(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 15th October 1999, this Order shall be amended, cease to have effect or its operation shall be suspended, 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 Kingdon, the Channel Islands and the Isle of Man.
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—
“body corporate” includes (a) 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; and (b) a limited liability company constituted under the Limited Liability Companies Act 1996 (an Act of Tynwald) and, in relation to such a company, any reference to a director or other officer of a body corporate is a reference to a member and the company’s manager and registered agent;
“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;
“funds” means financial assets and economic benefits of any kind, including, but not necessarily limited to, 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; publicly and privately traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes warrants, debentures, derivatives contracts; interest, dividends or other income on or value accruing from or generated by assets; credit, right 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;
“operator”, in relation to an aircraft, means the person for the time being having the management of the aircraft;
“the Sanctions Committee” means the Committee of the Security Council of the United Nations established by paragraph 6 of the resolution mentioned above;
“the Taliban” means the Afghan political faction known as the Taliban, which also calls itself the Islamic Emirates of Afghanistan.
Prohibition of Flights
3.—(1) Except under the authority of a written licence granted by the Secretary of State under this article no aircraft, to which this article applies, wherever registered, shall take off from or land in the territory of the United Kingdom or any other place to which this Order extends.
(2) This article applies to any aircraft owned, leased or operated by or on behalf of the Taliban as designated by the Sanctions Committee; and particulars of any such designation shall be published by the Secretary of State in the London, Edinburgh and Belfast Gazettes.
(3) If any aircraft is used in contravention of the provisions of this article, then the operator and the commander of the aircraft shall be guilty of an offence under this Order.
Assets of the Taliban
4.—(1) Except under the authority of a written licence granted by or on behalf of the Treasury under this article, no person shall make any funds to which this article applies available to or for the benefit of the Taliban or any such undertaking.
(2) This article applies to any funds owned or controlled directly or indirectly by the Taliban, or by an undertaking owned or controlled by the Taliban, as designated by the Sanctions Committee; and particulars of any such designation shall be published by the Secretary of State in the London, Edinburgh and Belfast Gazettes.
Application of article 4
5.—(1) The provisions of article 4 of this Order 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 protected person or a British National (Overseas); or
(b)
(b) is a body incorporated or constituted under the law of any part of the United Kingdom.
(2) Any person specified in paragraph (1) of this article who contravenes the provisions of article 4 of this Order shall be guilty of an offence under this Order.
Offences in connection with applications for licences, conditions attaching to licences, etc.
6.—(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...
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