Al-Qa'ida and Taliban (United Nations Measures) Order 2002
| Jurisdiction | UK Non-devolved |
2002 No. 111
UNITED NATIONS
The Al-Qa'ida and Taliban (United Nations Measures) Order 2002
Made 23th January 2002
Laid before Parliament 24th January 2002
Coming into force 25th January 2002
At the Court at Sandringham, the 23rd day of January 2002
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 15th October 1999, 19th December 2000 and 16th January 2002, 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 Afghanistan and in relation to combating terrorist activities:
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, revocation and amendment
1.—(1) This Order may be cited as the Al-Qa'ida and Taliban (United Nations Measures) Order 2002 and shall come into force on 25th January 2002.
(2) If the Security Council of the United Nations takes any decision which has the effect of cancelling, extending, or suspending the operation of the resolutions adopted by it on 15th October 1999, 19th December 2000 or 16th January 2002, in whole or in part, this Order shall cease to have effect or its operation shall be extended or 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) This Order shall extend to the United Kingdom.
(4) Articles 6, 7 and 8 shall 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 subject, a British National (Overseas), or a British protected person; or
(b)
(b) is a body incorporated or constituted under the law of any part of the United Kingdom.
(5) The Afghanistan (United Nations Sanctions) Order 20012and the Afghanistan (United Nations Sanctions) (Amendment) Order 20013are hereby revoked.
(6) The Terrorism (United Nations Measures Order 20014is amended by replacing in article 2 the words, ““funds” means financial assets and economic benefits of any kind” with the words, ““funds” means financial assets, economic benefits and economic resources of any kind”.
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—
“body corporate” includes a Scottish partnership and, in relation to such a partnership, any reference to a director or other officer of a body corporate is a reference to a partner;
“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;
“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;
“export” includes shipment as stores;
“exportation” in relation to any vessel, submersible vehicle or aircraft, includes the taking out of the United Kingdom 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;
“funds” means financial assets, economic benefits and economic resources 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 financing;
“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”, in relation to a ship, where the owner of a ship is not the operator, means the operator and any person to whom it is chartered;
“listed person” means—
(a) Usama bin Laden;
(b) any person designated by the Sanctions Committee in the list maintained by that Committee in accordance with resolution 1390 adopted by the Security Council on 16th January 2002 as:
(i) a member of the Al-Qa'ida organisation;
(ii) a member of the Taliban;
(iii) an individual group, undertaking or entity associated with the persons covered by (a), (b)(i), or (b)(ii) above;
“relevant institution” means—
(a) a person who has permission under Part IV of the Financial Services and Markets Act 20005;
(b) an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to the Financial Services and Markets Act 2000 which has permission under paragraph 15 of that Schedule as a result of qualifying for authorisation under paragraph 12 of that Schedule to accept deposits.
“restricted goods” means the goods specified in Part III of Schedule 1 to the Export of Goods (Control) Order 19946;
“the Sanctions Committee” means the Committee of the Security Council of the United Nations established by paragraph 6 of Resolution 1267 adopted on 15th October 1999;
“ship” has the meaning it bears in section 313 of the Merchant Shipping Act 19957;
“shipment” (and cognate expressions) and “stores” shall have the meanings they bear in the Customs and Excise Management Act 19798;
“the Taliban” means the Afghan political faction known as the Taliban;
“vehicle” means land transport vehicle.
(2) The definition of “relevant institution” in paragraph (1) shall be read with—
(a)
(a) section 22 of the Financial Services and Markets Act;
(b)
(b) any relevant order under that section; and
(c)
(c) Schedule 2 to that Act.
RESTRICTED GOODS, TECHNICAL ASSISTANCE AND TRAINING
Supply of restricted goods
3.—(1) Any person who—
(a)
(a) supplies or delivers,
(b)
(b) agrees to supply or deliver, or
(c)
(c) does any act calculated to promote the supply or delivery of,
restricted goods from the United Kingdom to a listed person shall be guilty of an offence under this Order unless he proves that he did not know and had no reason to suppose that the goods in question were to be supplied or delivered to a listed person.
(2) Any British citizen, British Dependent Territories citizen, British Overseas citizen, British subject, British National (Overseas), British protected person, or body incorporated or constitued under the law of any part of the United Kingdom who in any place outside the United Kingdom—
(a)
(a) supplies or delivers,
(b)
(b) agrees to supply or deliver, or
(c)
(c) does any act calculated to promote the supply or delivery of,
restricted goods to a listed person shall be guilty of an offence under this Order unless he proves that he did not know and had no reason to suppose that the goods in question were to be supplied or delivered to a listed person.
Exportation of restricted goods to listed persons
4. Restricted goods are prohibited to be exported from the United Kingdom to any listed person.
Provision of certain technical assistance or training
5.—(1) Any person who directly or indirectly provides to a listed person any technical assistance or training related to—
(a)
(a) the supply, delivery, manufacture, maintenance or use of any restricted goods, or
(b)
(b) military activities,
shall be guilty of an offence under this Order unless he proves that he did not know and had no reason to suppose that the technical assistance or training in question was to be provided to a listed person.
(2) Any British citizen, British Dependent Territories citizen, British Overseas citizen, British subject, British National (Overseas), British protected person, or body incorporated or constitued under the law of any part of the United Kingdom who in any place outside the United Kingdom directly or indirectly provides to a listed person any technical assistance or training related to—
(a)
(a) the supply, delivery, manufacture, maintenance or use of any restricted goods, or
(b)
(b) military activities,
shall be guilty of an offence under this Order.
Use of ships, aircraft and vehicles: restricted goods, technical assistance and training
6.—(1) Without prejudice to the generality of article 3, no ship or aircraft to which this article applies, and no vehicle within the United Kingdom, shall be used for the carriage of restricted goods if the carriage is, or forms part of, carriage of those goods to a listed person.
(2) This article applies to ships registered in the United Kingdom, to aircraft so registered and...
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