Afghanistan (United Nations Sanctions) (Channel Islands) Order 1999
| Jurisdiction | UK Non-devolved |
1999 No. 3134
UNITED NATIONS
The Afghanistan (United Nations Sanctions) (Channel Islands) 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) (Channel Islands) 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 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 Channel Islands so as to be law, respectively, in the Bailiwick of Guernsey and in the Bailiwick of Jersey only.
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—
“Attorney General” means—
(a) in the application of this Order to the Bailiwick of Guernsey, the Attorney General for Guernsey; and
(b) in the application of this Order to the Bailiwick of Jersey, the Attorney General for Jersey;
“body corporate” includes a 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;
“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;
“police officer”, in relation to Jersey, has the meaning provided in the Police Powers (Jersey) Law 1974;
“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.
Assets of the Taliban
3.—(1) Except under the authority of a written licence granted under this article:
(a)
(a) in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
(b)
(b) in the case of the Bailiwick of Jersey, by the Finance and Economics Committee;
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.
Application of article 3
4.—(1) The provisions of article 3 of this Order shall 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)
(a) is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject, or a British protected person or a British National (Overseas); or
(b)
(b) is a body incorporated or constituted under the law of the Bailiwick of Guernsey or, as the case may be, the law of the Bailiwick of Jersey.
(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.
Offences in connection with applications for licences, conditions attaching to licences, etc.
5.—(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 particular he shall be guilty of an offence under this Order.
(2) Any person who has done any act under the authority of a licence granted by the Lieutenant Governor of the Bailiwick of Guernsey or, as the case may be, the Finance and Economics Committee of the Bailiwick of Jersey under this Order and who fails to comply with any condition attaching to that licence shall be guilty of an offence under this Order:
Provided that no person shall be guilty of an offence under this paragraph where he proves that the condition with which he failed to comply was modified, otherwise than with his consent, by the Lieutenant Governor of the Bailiwick of Guernsey or, as the case may be, the Finance and Economics Committee of the Bailiwick of Jersey, after the doing of the act authorised by the licence.
Obtaining of evidence and information
6. The provisions of the Schedule to this Order shall have effect in order to facilitate the obtaining of evidence and information for the purpose of securing compliance with or detecting evasion of this Order and in order to facilitate the obtaining of evidence of the commission of an...
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