Iraq (United Nations Sanctions) Order 2000

Citation, commencement, operation and extent

1.—(1) This Order may be cited as the Iraq (United Nations Sanctions) Order 2000, and shall come into force on 14th December 2000.

(2) If, after the making of this Order, the Security Council of the United Nations take a decision which has the effect of cancelling, amending or suspending the operation of the resolution adopted by them on 6th August 1990 in whole or in part, this Order shall cease to have effect or be deemed to be amended, or its operation shall be suspended, in whole or in part, 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) Articles 2 to 7 and 9 of this Order apply to any person within the United Kingdom, and to any person elsewhere who—

(a)

(a) is a British citizen, a British Dependent Territories citizen, a British overseas citizen, a British National (Overseas), a British subject or a British protected person; or

(b)

(b) is a body corporate incorporated or constituted under the law of any part of the United Kingdom.

Interpretation

2. In this Order—

“body corporate” includes a Scottish partnership (and in relation to such a partnership, a reference to a director or other officer of a body corporate is a reference to a partner);

“document” includes information recorded in any form, and in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;

“funds” means financial assets and economic benefits of any kind, including (but not limited to) gold coin, gold bullion, 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; securities and debt instruments (including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures, debenture stock and derivatives contracts); interest, dividends or other income on or value accruing from or generated by assets; credit, rights 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;

“relevant institution” means—

(a) an institution authorised under the Banking Act 1987²;

(b) a European authorised institution within the meaning of the Banking Coordination (Second Council Directive) Regulations 1992³which has lawfully established a branch in the United Kingdom for the purpose of accepting deposits or other repayable funds from the public; and

(c) a building society within the meaning of the Building Societies Act 1986⁴.

Making funds available to Iraq

3. Any person who, except under the authority of a licence granted by the Treasury under article 5—

is guilty of an offence.

Freezing of funds on suspicion

4.—(1) Where the Treasury have reasonable grounds for suspecting that any funds held by any person are or may be—

(a)

(a) funds of the government of the Republic of Iraq, or of a person who is resident in the Republic of Iraq, or

(b)

(b) held on behalf of that government or any such person,

the Treasury may by notice direct that those funds are not to be made available to that government or that person, except under the authority of a licence granted by the Treasury under article 5.

(2) A notice given under paragraph (1) shall specify the period for which it is to have effect, which shall be not longer than 5 working days.

(3) In paragraph (2), “working day” means any day other than Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971⁵in any part of the United Kingdom.

(4) The Treasury may by notice revoke a direction under paragraph (1) at any time.

(5) The expiry or revocation of a direction shall not affect the application of article 3 in respect of the funds in question.

(6) A notice under paragraph (1) or (4) shall be given in writing to the person holding the funds in question (“the recipient”), and shall require the recipient to send a copy of the notice without delay to the person whose funds they are, or on whose behalf they are held (“the owner”).

(7) A recipient shall be treated as complying with that requirement if, without delay, he sends a copy of the notice to the owner at his last-known address or, if he does not have an address for the owner, he makes arrangements for a copy of the notice to be supplied to the owner at the first available opportunity.

(8) Any person who contravenes a direction under paragraph (1) is guilty of an offence.

(9) A recipient who fails to comply with such a requirement as is mentioned in paragraph (6) is guilty of an offence.

Licences

5.—(1) A licence under this article shall be in writing and may be—

(a)

(a) granted either generally or to one or more particular persons;

(b)

(b) granted either absolutely or subject to compliance with such conditions as are specified in the licence;

(c)

(c) either of indefinite duration or expressed to expire on a specified date.

(2) A licence granted to one or more particular persons may be revoked or varied at any time by written notice given by the Treasury to each of those persons.

(3) The Treasury shall publish a general licence in such manner as they think fit. A general licence may be revoked or varied at any time by written notice which shall be published by the Treasury in the same manner as the licence.

(4) Any person who, in doing or having done an act mentioned in article 3(a) or (b) or 4(1) under the authority of a licence, contravenes or fails to comply with a condition specified in the licence, is guilty of an offence, unless the condition is one imposed as a result of a variation of the...