Somalia (United Nations Sanctions) Order 2002
| Jurisdiction | UK Non-devolved |
2002 No. 2628
UNITED NATIONS
The Somalia (United Nations Sanctions) Order 2002
Made 22th October 2002
Laid before Parliament 23th October 2002
Coming into force 24th October 2002
At the Court at Buckingham Palace, the 22nd day of October 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 certain resolutions adopted on 23rd January 1992, 19th June 2001 and 22nd July 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 Somalia:
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 amendment
1.—(1) This Order may be cited as the Somalia (United Nations Sanctions) Order 2002 and shall come into force on 24th October 2002.
(2) If the Security Council of the United Nations takes any decision which has the effect of cancelling or suspending the operation of the resolutions adopted by it on 23rd January 1992, 19th June 2001 and 22nd July 2002, in whole or in part, this Order shall cease to have effect 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) This Order shall extend to the United Kingdom.
(4) Articles 3, 4 and 5 shall apply to any person within the United Kingdom and to any person elsewhere who is—
(a)
(a) a British citizen, a British overseas territories citizen, a British Overseas citizen, a British subject, a British National (Overseas) or a British protected person; or
(b)
(b) a body incorporated or constituted under the law of any part of the United Kingdom.
(5) The United Nations Arms Embargoes (Liberia, Somalia and the former Yugoslavia) Order 19932shall be amended as follows—
(a)
(a) by deleting the word “Somalia” from the following provisions of that Order—
(i) the definition of “prohibited destination” in article 2; and
(ii) paragraph (ii) of the definition of “prohibited goods” in article 2;
(b)
(b) by deleting the words “Somalia or” from the following provisions of that Order—
(i) paragraph 8(c) of article 8; and
(ii) paragraph 4(c) of the Schedule.
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—
“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 ship, submersible vehicle or aircraft, includes the taking out of the United Kingdom of the ship, 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;
“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 vehicle;
“owner”, where the owner of a ship is not the operator, means the operator and any person to whom it is chartered;
“restricted goods” means the goods specified in Part III of Schedule 1 to the Export of Goods (Control) Order 19943;
“ship” has the meaning it bears in section 313 of the Merchant Shipping Act 19954;
“shipment” (and cognate expressions) and “stores” shall have the meanings they bear in the Customs and Excise Management Act 19795;
“vehicle” means land transport vehicle.
RESTRICTED GOODS, TECHNICAL ASSISTANCE AND TRAINING
Supply of restricted goods
3.—(1) Any person who, except under the authority of a licence granted by the Secretary of State under this article or article 4—
(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 any person in Somalia 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 person in Somalia.
(2) Nothing in paragraph (1)(b) or (c) shall apply where the supply or delivery of the goods to the person concerned is authorised by a licence granted by the Secretary of State under this article.
Exportation of restricted goods to Somalia
4. Except under the authority of a licence granted by the Secretary of State under this article, restricted goods are prohibited to be exported from the United Kingdom to any destination in Somalia or to any destination for the purpose of delivery, directly or indirectly, to or to the order of any person in Somalia.
Provision of technical advice, assistance or training related to military activities
5. Any person who, except under the authority of a licence granted by the Secretary of State under this article, directly or indirectly provides to any person in Somalia any—
(a) technical advice;
(b) financial or other assistance; or
(c) training,
related to 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 advice, financial or other assistance, or training in question was to be provided to a person in Somalia.
Use of ships, aircraft and vehicles: restricted goods
6.—(1) Without prejudice to the generality of article 3, and except under the authority of a licence granted by the Secretary of State under this article, 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 from any place outside Somalia to any destination therein.
(2) This article applies to ships registered in the United Kingdom, 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 overseas territories citizen, a British Overseas citizen, a British subject, a British National (Overseas) or a British protected person; or
(b)
(b) a body incorporated or constituted under the law of the United Kingdom.
(3) If any ship, aircraft or vehicle is used in contravention of paragraph (1) then—
(a)
(a) in the case of a ship registered in the United Kingdom 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 (2), 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 Somalia to any destination therein.
(4) Nothing in paragraph (1) shall apply where the supply or delivery or exportation from the United Kingdom of the goods concerned to Somalia was authorised by a licence granted by the Secretary of State under article 3 or 4.
(5) Nothing in this article shall be construed so as to prejudice any other provision of law prohibiting or restricting the use of ships, aircraft or vehicles.
GENERAL
Customs powers to demand evidence of destination which goods reach
7. Any exporter or any shipper of restricted goods which have been exported from the United Kingdom shall, if so required by the Commissioners of Customs and Excise, furnish within such time as they may allow proof to their satisfaction that the goods have reached either—
(a) a destination to which they were authorised to be exported by a licence granted under this Order; or
(b) a destination to which their exportation was not prohibited by this Order,
and, if he fails to do so, he shall be guilty of an offence under this Order, unless he proves that he did not consent to or connive at the goods reaching any destination other than such a destination as aforesaid.
Offences in connection with applications for licences, conditions attaching to licences, etc.
8.—(1) If for the purpose of obtaining any licence under this Order any...
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