Afghanistan (United Nations Sanctions) (Isle of Man) Order 1999

JurisdictionUK Non-devolved
CitationSI 1999/3135
Year1999

1999 No. 3135

UNITED NATIONS

The Afghanistan (United Nations Sanctions) (Isle of Man) 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:—

S-1 Citation, commencement, operation and extent

Citation, commencement, operation and extent

1.—(1) This Order may be cited as the Afghanistan (United Nations Sanctions) (Isle of Man) 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 amending, cancelling, 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, 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 Isle of Man, as part of its law.

S-2 Interpretation

Interpretation

2. 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 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 to the company’s manager and registered agent;

“custody” means custody within the meaning of the Custody Act 1995 (an Act of Tynwald);

“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;

“the Sanctions Committee” means the Committee of the Security Council of the United Nations established by paragraph 6 of the resolutions mentioned above;

“the Taliban” means the Afghan political faction known as the Taliban, which also calls itself the Islamic Emirate of Afghanistan;

“the Treasury” means the Isle of Man Treasury, a department of the Government of the Isle of Man.

S-3 Assets of the Taliban

Assets of the Taliban

3.—(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 to 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 in the London Edinburgh and Belfast Gazettes.

S-4 Application of article 3

Application of article 3

4.—(1) The provisions of article 3 of this Order shall apply to any person within the Isle of Man and to any person elsewhere who:

(a)

(a) is ordinarily resident in the Isle of Man and 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 the Isle of Man.

(2) Any person specified in paragraph (1) above who contravenes the provisions of article 3 of this Order shall be guilty of an offence under this Order.

S-5 Offences in connection with applications for licences, conditions attaching to licences, etc.

Offences in connection with applications for licences, conditions attaching to licences,...

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