Serbia and Montenegro (United Nations Sanctions) (Dependent Territories) Order 1992
| Jurisdiction | UK Non-devolved |
| Citation | SI 1992/1303 |
1992 No. 1303
UNITED NATIONS
The Serbia and Montenegro (United Nations Sanctions) (Dependent Territories) Order 1992
Made 4th June 1992
Laid before Parliament 4th June 1992
Coming into force 5th June 1992
At the Court at Buckingham Palace, the 4th day of June 1992
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 30th May 1992, 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 Serbia and Montenegro:
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 Serbia and Montenegro (United Nations Sanctions) (Dependent Territories) Order 1992 and shall come into force on 5th June 1992.
(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 resolution adopted by it on 30th May 1992, 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. In this Order the following expressions have, except where otherwise expressly provided, the meanings hereby respectively assigned to them, that is to say—
“aircraft of Serbia or Montenegro” means
(a) any aircraft registered in Serbia or Montenegro; and
(b) any other aircraft for the time being chartered to a person connected with Serbia or Montenegro;
“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” and “importation”, in relation to any vessel, submersible vehicle or aircraft, includes the taking out of or into 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;
“indictment”, in respect of the Isle of Man, includes information;
“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 Serbia or Montenegro” means
(i) the Governments of the Federal Republic of Yugoslavia, of Serbia and of Montenegro;
(ii) any other person in, or resident in, Serbia or Montenegro;
(iii) any body incorporated or constituted under the law of Serbia or Montenegro;
(iv) any body, wherever incorporated or constituted, which is controlled by any of the said Governments, any other person in, or resident in, Serbia or Montenegro, or any body incorporated in or constituted under the law of Serbia or Montenegro; and
(v) any person acting on behalf of any of the above mentioned persons;
“shipment” includes loading into an aircraft, and
“shipped” and cognate expressions shall be construed accordingly;
“stores” means goods for use in a ship or aircraft and includes fuel and spare parts and other articles of equipment, whether or not for immediate fitting, but excludes any goods for use in a ship or aircraft as merchandise for sale by retail to persons carried therein;
“vehicle” means land transport vehicle and includes a barge;
“vessel” includes any ship, surface effect vehicle, any small water place area twin-hull vessel and hydrofoil, and the hull or part of the hull of a vessel.
Supply of goods to Serbia and Montenegro
3.—(1) Except under the authority of a licence granted by the Governor under this article or article 4 of this Order, no person 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 to or to the order of a person connected with Serbia or Montenegro.
(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 under article 4 of this Order.
Exportation of goods to Serbia and Montenegro
4. Except under the authority of a licence granted by the Governor under this article, all goods are prohibited to be exported from the Territory to any destination in Serbia or Montenegro or to any destination for the purpose of delivery, directly or indirectly, to or to the order of any person connected with Serbia or Montenegro.
Exportation of goods from Serbia and Montenegro and dealing and processing
5.—(1) Except under the authority of a licence granted by the Governor under this article, all goods originating in Serbia or Montenegro are prohibited to be imported into the Territory.
(2) Except under the authority of a licence granted by the Governor under this article, no person shall do any act calculated to promote the exportation of any goods from Serbia or Montenegro.
(3) Except under the authority of a licence granted by the Governor under this article, in respect of any goods that have been exported from Serbia or Montenegro after 30th May 1992, no person 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.
(4) Nothing in paragraph (2) or (3) of this article shall apply where the importation of the goods into the Territory is authorised by a licence granted by the Governor under this article.
Carriage of goods destined for or exported from Serbia and Montenegro
6.—(1) Without prejudice to the generality of article 3 of this Order, and except under the authority of a licence granted by the Governor under this article, 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 Serbia or Montenegro to any destination therein, or to any person connected with Serbia or Montenegro.
(2) Without prejudice to the generality of article 5 of this Order, and except under the authority of a licence granted by the Governor under this article, 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 those goods are being or have been exported from Serbia or Montenegro after 30th May 1992.
(3) 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.
(4) 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 (3) of this article, the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
(c)
(c) in the case of a vehicle, the operator of the vehicle,
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 carriage of the goods in question was, or formed part of, carriage from any place outside Serbia or Montenegro to any destination therein or to any person connected with Serbia or Montenegro.
(5) If any ship, aircraft or vehicle is used in contravention of paragraph (2) 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 (3) of this article, the master of the ship or, as the...
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