Former Yugoslavia (United Nations Sanctions) (Channel Islands) Order 1994
| Jurisdiction | UK Non-devolved |
| Citation | SI 1994/2675 |
| Year | 1994 |
1994 No. 2675
UNITED NATIONS
The Former Yugoslavia (United Nations Sanctions) (Channel Islands) 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
hereas 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) (Channel Islands) 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 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 the Bailiwick of Jersey only.
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—
“the Attorney General” means, in the application of the Order to the Bailiwick of Guernsey, the Attorney General for Guernsey; and in the application of the Order to the Bailiwick of Jersey, the Attorney General for Jersey;
“Bosnian Serb controlled areas” means those areas of the Republic of Bosnia and Herzegovina under the control of Bosnian Serb forces;
“Chief Revenue Officer” and “States Revenue Officer” have the meanings they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972;
“enactment” includes an enactment of the States of Guernsey or the States of Alderney or the Chief Pleas of Sark, or the States of Jersey;
“export” includes shipment as stores;
“exportation”, in relation to any vessel, submersible vehicle or aircraft, includes the taking out of the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey 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;
“police officer” means—
(a) in relation to Guernsey, Herm and Jethou, a member of the salaried police force of the Island of Guernsey and, within the limits of his jurisdiction, a member of the special constabulary of the Island of Guernsey;
(b) in relation to Alderney, a member of the said police force and a member of any police force which may be established by the States of Alderney;
(c) in relation to Sark, the Constable, the Vingtenier and a member of the said police force of the Island of Guernsey;
(d) in relation to the Bailiwick of Jersey, a member of the Honorary Police or a member of the States of Jersey Police Force;
“property” includes funds, financial, tangible and intangible assets, property rights and public and privately traded securities and debt instruments, and any other financial and economic resources;
“ship” has the meaning it bears in section 742 of the Merchant Shipping Act 18942;
“shipment”(and cognate expressions) and “stores” shall, in the application of this Order to the Bailiwick of Guernsey, have the meaning they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972 and, in the application of this Order to the Bailiwick of Jersey, have the meaning they bear in the Customs and Excise (General Provisions) (Jersey) Law 1972;
“vehicle” means land transport vehicle.
(2) Any reference to a provision of an Act of Parliament or of an enactment made under an Act of Parliament shall, in the case of a provision which has been extended to the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, be construed as a reference to that provision as it has effect in the Bailiwick in question and, in the case of a provision which has not been so extended, be construed as a reference to that provision as it has effect in the United Kingdom.
Exportation of goods to Bosnian Serb controlled areas and areas of Croatia
3. Except under the authority of a licence granted under this article—
(a) in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
(b) in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
or granted before the coming into force of this Order by the authority competent to do so, all goods are prohibited to be exported from any of the Channel Islands 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 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 connected with the Bosnian Serb controlled areas shall carry on any economic activities in any of the Channel Islands.
(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) above.
Prohibition on the provision of services
5.—(1) Except under the authority of a 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 mentioned in article 8 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 telecommunications services or postal services.
Assets of persons connected with Bosnian Serb controlled areas
6.—(1) Except with permission granted by the Treasury, no person mentioned in article 8 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 Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey 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 Treasury under this article may be granted either absolutely or subject to conditions and may be varied or revoked at any time by the Treasury.
(4) In this article:
(a)
(a) “gold”, “payment” and “securities” shall have the meanings they bear in section 2 of the Emergency Laws (Re-enactments and Repeals) Act 19643;
(b)
(b) “investments” means any asset, right or interest falling within any paragraph of Part I of Schedule 1 to the Financial...
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