Haiti (United Nations Sanctions) (Dependent Territories) Order 1994
| Jurisdiction | UK Non-devolved |
| Citation | SI 1994/1324 |
| Year | 1994 |
1994 No. 1324
UNITED NATIONS
The Haiti (United Nations Sanctions) (Dependent Territories) Order 1994
Made 18th May 1994
Laid before Parliament 19th May 1994
Coming into force 23th May 1994
At the Court at Buckingham Palace, the 18th day of May 1994
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 resolutions adopted on 16th June 1993 and 6th May 1994, 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 Haiti:
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 Haiti (United Nations Sanctions) (Dependent Territories) Order 1994 and shall come into force on 23rd May 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 the operation of the resolutions adopted by it on 16th June 1993 and 6th May 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 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—
“the 1993 Order” means the Haiti (United Nations Sanctions) (Dependent Territories) Order 19932;
“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;
“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;
“Governor” means the Governor or other officer administering the government of the Territory;
“master”, in relation to a ship, includes any person (other than a pilot) for the time being in charge of the ship;
“operator”, in relation to an aircraft or vehicle, means the person for the time being having the management of the aircraft or the vehicle;
“owner”, where the owner of a ship is not the operator, means the operator and any person to whom it is chartered;
“person connected with Haiti” means
(i) any person or body exercising for the time being public functions in Haiti;
(ii) any other person in, or resident in, Haiti;
(iii) any body incorporated or constituted under the law of Haiti;
(iv) any body, wherever incorporated or constituted, which is controlled by any of the persons or bodies mentioned in sub-paragraphs (i) to (iii) above; and
(v) any person acting on behalf of any of the above mentioned persons;
“ship” has the meaning it bears in section 742 of the Merchant Shipping Act 18943;
“shipment” includes loading into an aircraft;
“vehicle” means land transport vehicle.
Prohibition of Flights
3.—(1) Subject to article 5 of this Order, no aircraft, wherever registered, shall, except with the permission of the Governor granted under this article or article 8 of this Order, take off from, land in or fly over the territory if its destination is, or if, since 23rd May 1994, it has taken off from, Haiti.
(2) 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.
Powers of Airport Operator
4.—(1) For the purpose of enforcing the prohibitions contained in article 3 of this Order, it shall be the duty of an airport operator to take all such steps as may be necessary to secure that any aircraft at his airport
(a)
(a) whose commander or operator has indicated an intention to fly the aircraft to a destination in Haiti or which the airport operator otherwise has reason to suspect will be flown to such a destination; or
(b)
(b) which the airport operator knows or has reason to suspect has, since 23rd May 1994, taken off from Haiti,
is prevented from taking off unless permission to do so has been granted under article 3 or article 8 of this Order.
(2) Without prejudice to the generality of paragraph (1) of this article, such steps may include:
(a)
(a) the refusal of any refuelling service for the aircraft;
(b)
(b) the placing of obstacles in the path of a parked aircraft to prevent it from leaving its parked position; and
(c)
(c) requiring the commander or operator of the aircraft to move it, or to secure that it is moved, to another part of the airport.
(3) Any person who, without reasonable excuse, obstructs an airport operator, his servants or agents acting in accordance with the provisions of this article, or refuses or fails within a reasonable time to comply with a request by any such persons made in accordance with paragraph 2(c) of this article, shall be guilty of an offence under this Order.
Saving for scheduled passenger flights
5. Nothing in article 3 or 4 of this Order shall apply to an aircraft carrying passengers and undertaking a scheduled journey for the purpose of public transport.
Supply of goods to Haiti
6.—(1) Except under the authority of a licence granted by the Governor under this article or the 1993 Order, no person mentioned in article 11 of this Order shall:
(a)
(a) supply or deliver;
(b)
(b) agree to supply or deliver; or
(c)
(c) do any act calculated to promote the supply or delivery of,
any goods other than foodstuffs, or goods to be used for medical purposes, to or to the order of a person connected with Haiti.
(2) Nothing in paragraph (1)(b) or (c) of this article shall apply where the supply or delivery of the goods to the person concerned is authorised by a licence granted by the Governor under this article or article 7 of this Order or under the 1993 Order.
Exportation of goods to or from Haiti
7.—(1) Except under the authority of a licence granted by the Governor under this article or the 1993 Order, all goods other than foodstuffs, or goods to be used for medical purposes, are prohibited to be exported from the Territory to any destination in Haiti or to any destination for the purpose of delivery, directly or indirectly, to or to the order of any person connected with Haiti.
(2) Except under the authority of a licence granted by the Governor under this article, all goods originating in Haiti are prohibited to be imported into the Territory.
(3) Except under the authority of a licence granted by the Governor under this article, no person mentioned in article 11 shall do any act calculated to promote the exportation of any goods from Haiti.
(4) Except under the authority of a licence granted by the Governor under this article, in respect of any goods that have been exported from Haiti after 23rd May 1994 no person mentioned in article 11 shall, by way of trade or otherwise for gain;
(a)
(a) acquire or dispose of such goods or of any property or interest in them or any right to or charge upon them;
(b)
(b) process them; or
(c)
(c) do any act calculated to promote any such acquisition, disposal or processing by himself or any other person.
(5) Nothing in paragraph (3) or (4) of this article shall apply where the importation of the goods into the Territory is or was authorised by a licence granted by the Governor under this article.
Carriage of goods destined for Haiti
8.—(1) Without prejudice to the generality of article 6 of this Order, and except under the authority of a licence granted by the Governor under this article or the 1993 Order, no ship or aircraft to which this article applies, and no vehicle within the Territory, shall be used for the carriage of any goods if the carriage is, or forms part of, carriage from any place outside Haiti to any destination therein, or to any person connected with Haiti.
(2) This article applies to ships registered in the Territory, to aircraft so registered and to any other ship or aircraft that is for the time being chartered to any person who is—
(a)
(a) a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject or a British protected person and is ordinarily resident in the Territory; or
(b)
(b) a body incorporated or constituted under the law of the Territory.
(3) If any ship, aircraft or vehicle is used in contravention of paragraph (1) of this article, then—
(a)
(a) in the case of a ship registered in the Territory or any aircraft so registered, the owner and the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
(b)
(b) in the case of any other ship or aircraft, the person to whom the ship or aircraft is for the time being chartered and, if he is such a person as is referred to in sub-paragraph (a) or sub-paragraph (b) of paragraph (2) of this article, the master of the ship or, as the case may be, the operator and the...
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