Former Yugoslavia (United Nations Sanctions) (Dependent Territories) Order 1994
| Jurisdiction | UK Non-devolved |
| Citation | SI 1994/2674 |
1994 No. 2674
UNITED NATIONS
The Former Yugoslavia (United Nations Sanctions) (Dependent Territories) Order 1994
Made 17th October 1994
Laid before Parliament 18th October 1994
Coming into force 19th October 1994
At the Court of Saint James, the 17th day of October 1994
Present,
The Counsellors of State in Council
Whereas Her Majesty in pursuance of the Regency Acts 1937 to 1953 was pleased, by Letters Patent dated the 11th day of August 1994, to delegate to the six Counsellors of State therein named or any two or more of them full power and authority during the period of Her Majesty’s absence from the United Kingdom to summon and hold on Her Majesty’s behalf Her Privy Council and to signify thereat Her Majesty’s approval for anything for which Her Majesty’s approval in Council is required:
And whereas under Article 41 of the Charter of the United Nations the Security Council of the United Nations has, by resolutions adopted on 17th April 1993 and 23rd September 1994, 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 the United Nations Protected Areas in the Republic of Croatia, those areas of the Republic of Bosnia and Herzegovina under the control of Bosnian Serb forces, and Serbia and Montenegro:
Now, therefore, His Royal Highness The Prince Edward and Her Royal Highness The Princess Royal, being authorised thereto by the said Letters Patent, and in pursuance of the powers conferred by section 1 of the United Nations Act 19461, and by and with the advice of Her Majesty’s Privy Council, do on Her Majesty’s behalf order, and it is hereby ordered, as follows:
Citation, commencement, operation and extent
1.—(1) This Order may be cited as the Former Yugoslavia (United Nations Sanctions) (Dependent Territories) Order 1994 and shall come into force on 19th October 1994.
(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 in whole or in part the operation of the resolutions adopted by it on 17th April 1993 and 23rd September 1994, this Order shall 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 Gazette.
(a)
(a) (3) This Order shall extend, as part of the law thereof, to each of 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. In this Order the following expressions have, except where otherwise expressly provided, the meanings hereby respectively assigned to them, that is to say—
“the 1993 Order” means the Serbia and Montenegro (United Nations Sanctions) (Dependent Territories) Order 19933;
“Bosnian Serb controlled areas” means those areas of the Republic of Bosnia and Herzegovina under the control of Bosnian Serb forces;
“export” includes shipment as stores;
“exportation”, in relation to any vessel, submersible vehicle or aircraft, includes the taking out of the territory 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;
“Gazette” means the official Gazette of the Territory;
“Governor” means the Governor or other officer administering the Government of the Territory;
“ship” has the meaning it bears in section 742 of the Merchant Shipping Act 18942;
“shipment” includes loading into an aircraft;
“vehicle” means land transport vehicle.
Exportation of goods to Bosnian Serb controlled areas and areas of Croatia
3. Except under the authority of a licence granted by the Governor under this article, all goods are prohibited to be exported from the Territory to any destination in the Bosnian Serb controlled areas or the United Nations Protected Areas of the Republic of Croatia.
Prohibition on economic activities
4.—(1) Except under the authority of a licence granted by the Governor under this article, no person connected with the Bosnian Serb controlled areas shall carry on any economic activities in the Territory.
(2) For the purposes of this article:
(a)
(a) “economic activities” includes
(i) all activities of an economic nature including commercial, financial and industrial activities and transactions, in particular all activities of an economic nature involving the use of or dealing in, with or in connection with property or interests in property;
(ii) the exercise of rights relating to property or interests in property;
(iii) the establishment of any new body or change in management of an existing body;
(b)
(b) “person connected with the Bosnian Serb controlled areas” means any of the following persons:
(i) any body, wherever incorporated or constituted, which is owned or controlled, directly or indirectly, by the following persons:
(aa) any person in, or resident in, the Bosnian Serb controlled areas; or
(bb) any body in the Bosnian Serb controlled areas; or
(ii) any person or body acting on behalf of a body in the Bosnian Serb controlled areas or a body described in sub-paragraph (i).
(c)
(c) “property” includes funds, financial, tangible and intangible assets, property rights, public and privately traded securities and debt instruments, and any other financial and economic resources.
Prohibition on the provision of services
5.—(1) Except under the authority of a licence granted by the Governor under this article, no person mentioned in article 8 of this Order shall provide any services to any person or body for the purposes of any business carried on in the Bosnian Serb controlled areas.
(2) For the purposes of this article “services” shall not include (a) telecommunications services; or (b) postal services.
Assets of persons connected with Bosnian Serb controlled areas
6.—(1) Except with permission granted by or on behalf of the Governor, no person mentioned in article 8 of this Order shall—
(a)
(a) make any payment, or part with any gold, securities or investments; or
(b)
(b) make any change in the persons to whose credit any sum is to stand or to whose order any gold, securities or investments are to be held,
where any such action is action to which this article applies.
(2) This article applies to any action which is likely to make available to or for the benefit of any person connected with the Bosnian Serb controlled areas any funds or any other financial assets or resources, whether by their removal from the Territory or otherwise, or otherwise to result in the remittance or transfer of funds or other such assets or resources to or for the benefit of any person connected with the Bosnian Serb controlled areas.
(3) Any permission granted by or on behalf of the Governor under this article may be granted either absolutely or subject to conditions and may be varied or revoked at any time by or on behalf of the Governor.
(4) In this article, “person connected with the Bosnian Serb controlled areas” means any of the following persons:
(a)
(a) any body in the Bosnian Serb controlled areas; or
(b)
(b) any body, wherever incorporated or constituted, which is owned or controlled, directly or indirectly, by the following persons:
(i) any person in, or resident in, the Bosnian Serb controlled areas; or
(ii) any body in the Bosnian Serb controlled areas; or
(c)
(c) Any person or body acting on behalf of a body described in sub-paragraph (a) or (b).
Exception
7. Nothing in this Order, in the Serbia and Montenegro (United Nations Sanctions) (Dependent Territories) Order 19924or the 1993 Order5shall prohibit any activities in connection with the United Nations Protection Force (UNPROFOR), the International Conference on the Former Yugoslavia or the European Community Monitoring Mission.
Provision relating to articles 4, 5, and 6
8.—(1) The provisions of articles 5 and 6 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, or a British protected person; or
(b)
(b) is a body incorporated or constituted under the law of the Territory.
(2) Subject to the provisions of paragraphs (3) and (4) of this article, any person who contravenes the provisions of article 4(1) or any person specified in paragraph (1) of this article who contravenes the provisions of articles 5(1) or 6(1) of this Order shall be guilty of an offence under this Order.
(3) In the case of proceedings for an offence in contravention of article 4(1) of this Order by a person or body acting on behalf of a body in the Bosnian Serb controlled areas or a body described in article 4(2)(b)(i) of this Order, it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that he was so acting.
(4) In the case of proceedings for an offence in contravention of article 5(1) of this...
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