Afghanistan (United Nations Sanctions) (Overseas Territories) Order 1999
| Jurisdiction | UK Non-devolved |
| Citation | SI 1999/3136 |
| Year | 1999 |
1999 No. 3136
UNITED NATIONS
The Afghanistan (United Nations Sanctions) (Overseas Territories) 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) (Overseas Territories) 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 Governor in a notice in the official gazette of the Territory.
(a)
(a) (3) This Order shall extend to the territories listed in Schedule 2 to this Order.
(b)
(b) In the application of this Order to any of the said territories the expression “the Territory” in this Order means that territory.
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—
“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 or 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 Emirate of Afghanistan.
Prohibition of Flights
3.—(1) Except under the authority of a written licence granted by the Governor under this article no aircraft, wherever registered, shall take off from or land in the Territory if it is owned, leased or operated by or on behalf of the Taliban.
(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 Governor in the official gazette of the Territory.
(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 against this Order.
Assets of the Taliban
4.—(1) Except under the authority of a written licence granted by or on behalf of the Governor 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 Governor in the official gazette of the Territory.
Application of article 4
5.—(1) The provisions of article 4 of this Order shall apply to any person within the Territory 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), and is ordinarily resident in the Territory; or
(b)
(b) is a body incorporated or constituted under the law of any part of the Territory.
(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.
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