Iraq (United Nations Sanctions) (Overseas Territories) Order 2000
| Jurisdiction | UK Non-devolved |
| Citation | SI 2000/3242 |
| Year | 2000 |
2000 No. 3242
UNITED NATIONS
The Iraq (United Nations Sanctions) (Overseas Territories) Order 2000
Made 13th December 2000
Laid before Parliament 13th December 2000
Coming into force 14th December 2000
At the Court at Buckingham Palace, the 13th day of December 2000
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 have, by a resolution adopted on 6th August 1990, 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 Iraq:
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, extent and revocation
1.—(1) This Order may be cited as the Iraq (United Nations Sanctions) (Overseas Territories) 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 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 Governor in a notice in the official gazette of the Territory.
(a)
(a) (3) This Order shall extend to the territories listed in Schedule 1 to this Order.
(b)
(b) Article II of this Order shall apply to the UK Sovereign Base Areas of Akrotiri and Dhekelia as set out in Schedule 2 to this Order.
(c)
(c) In the application of this Order to any of the said territories the expression “the Territory” in this Order means that territory.
(4) Articles 2 to 7 and 9 of this Order 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 a British National (Overseas), and is ordinarily resident in the Territory; or
(b)
(b) is a body corporate incorporated or constituted under the law of any part of the Territory.
(5) The Iraq and Kuwait (United Nations Sanctions) (Bermuda) Order 1990 is revoked2.
Interpretation
2. In this Order—
“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;
“Governor” means the Governor or other officer administering the Government of the Territory;
“relevant institution” means—
(a) the person or body responsible for carrying out in the Territory the functions of a monetary authority;
(b) any person who may lawfully accept deposits in or from within the Territory in the course of carrying on a deposit-taking business, and for this purpose “deposit” has the meaning given to that term in section 5 of the Banking Act 19873and “deposit-taking business” has the meaning given to that term in section 6 of that Act;
(c) a European authorised institution within the meaning of the Banking Coordination (Second Council Directive) Regulations 19924which has lawfully established a branch in Gibraltar for the purpose of accepting deposits or other repayable funds from the public; and
(d) any society established lawfully in the Territory whose principal purpose is the making of loans secured on residential property where such loans are funded substantially by its members.
Making funds available to Iraq
3. Any person who, except under the authority of a licence granted by the Governor under article 5—
(a) makes any funds available to the government of the Republic of Iraq or any person resident in the Republic of Iraq, or
(b) otherwise remits or removes any funds from the United Kingdom to a destination in the Republic of Iraq,
is guilty of an offence.
Freezing of funds on suspicion
4.—(1) Where the Governor has 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 at that time resident in the Republic of Iraq, or
(b)
(b) held on behalf of that government or any such person,
the Governor 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 Governor 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 a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a public holiday in the Territory.
(4) The Governor 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 Governor to each of those persons.
(3) The Governor shall publish a general licence in such manner as he thinks fit. A general licence may be revoked or varied at any time by written notice which shall be published by the Governor 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 licence made without his consent after he did the act.
(5) A notice under paragraph (2) may be given by post, and shall be deemed...
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