Liberia (United Nations Sanctions) (Overseas Territories) (No. 2) Order 2001
| Jurisdiction | UK Non-devolved |
| Citation | SI 2001/1867 |
2001 No. 1867
UNITED NATIONS
The Liberia (United Nations Sanctions) (Overseas Territories) (No. 2) Order 2001
Made 14th May 2001
To be laid before Parliament 20th June 2001
Coming into force 15th May 2001
At the Court of Buckingham Palace, the 14th day of May 2001
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 a resolution adopted on 7th March 2001, 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 Liberia:
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 Liberia (United Nations Sanctions) (Overseas Territories) (No. 2) Order 2001 and shall come into force on 15th May 2001.
(a)
(a) (2) This Order shall extend to the territories listed in Schedule 1 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.
(c)
(c) Article 6 of this Order shall apply to the Sovereign Base Areas of Akrotiri and Dhekelia as set out in Schedule 2 to this Order.
Interpretation
2.—(1) In this Order, “Governor” means the Governor or other officer administering the government of the Territory.
(2) In article 5 and paragraphs 2(1)(a) and 4(d) of Schedule 3, references to an offence under any enactment relating to customs include references to any offence against any provision of law with respect to any of the matters regulated by this Order that is for the time being in force in any territory to which this Order extends.
Importation of rough diamonds from Liberia
3.—(1) Except under the authority of a licence granted by the Governor under this article, no person shall import directly or indirectly to the Territory any rough diamonds exported from Liberia.
(2) Subject to the provisions of paragraph (3) of this article, any person who contravenes the provisions of paragraph (1) of this article shall be guilty of an offence under this Order.
(3) In the case of proceedings for an offence in contravention of this article, it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the diamonds in question had been exported from Liberia.
Offences in connection with applications for licences, conditions attaching to licences, etc.
4.—(1) If for the purpose of obtaining any licence under article 3(1) of this Order any person makes any statement or furnishes any document or information which to his knowledge is false in a material particular, or recklessly makes any statement or furnishes any document or information which is false in a material particular, he shall be guilty of an offence under this Order.
(2) Any person who has done any act under the authority of a licence granted by the Governor under this Order and who fails to comply with any condition attaching to that licence shall be guilty of an offence under this Order:
Provided that no person shall be guilty of an offence under this paragraph where he proves that the condition with which he failed to comply was modified, otherwise than with his consent, by the Governor after the doing of the act authorised by the licence.
Obtaining of evidence and information
5. The provisions of Schedule 3 to this Order shall have effect in order to facilitate the obtaining, by or on behalf of the Governor, of evidence and information for the purpose of securing compliance with or detecting evasion of this Order and in order to facilitate the obtaining, by or on behalf of the Governor, or evidence of the commission of an offence under this Order or, with respect to any of the matters regulated by this Order, of an offence under any enactment relating to customs.
Penalties and Proceedings
6.—(1) Any person guilty of an offence under article 3(2) of this Order shall be liable:
(a)
(a) on conviction on indictment, to imprisonment for a term not exceeding seven years, or to a fine, or to both; or
(b)
(b) on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding £5,000 or its equivalent, or to both.
(2) Any person guilty of an offence under paragraph 5(b) or (d) of Schedule 3 to this Order shall be liable:
(a)
(a) on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or to both; or
(b)
(b) on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding £5,000 or its equivalent, or to both.
(3) Any person guilty of an offence under article 4(1) or (2) of this Order shall be liable:
(a)
(a) on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or to both; or
(b)
(b) on summary conviction, to a fine not exceeding £5,000 or its equivalent.
(4) Any person guilty of an offence under paragraph 5(a) or (c) of Schedule 3 to this Order shall be liable on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding £5,000 or its equivalent, or to both.
(5) Where any body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(6) No proceedings for an offence under this Order shall be instituted in the Territory except by or with the consent of the principal public officer of the Territory having responsibility for criminal prosecutions:
Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
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