South Africa (Prohibited Exports and Transactions) (Overseas Territories) Order 1978
| Jurisdiction | UK Non-devolved |
| Citation | SI 1978/1624 |
| Year | 1978 |
1978 No. 1624
UNITED NATIONS
The South Africa (Prohibited Exports and Transactions) (Overseas Territories) Order 197815thNovember 1978
23rdNovember 1978
14thDecember 1978
At the Court at Buckingham Palace, the 15th day of November 1978
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 4th November 1977, called upon Her Majesty's Government in the United Kingdom and all other Members of the United Nations to apply certain measures to give effect to a decision of that Council in relation to the Republic of South Africa:
Now, therefore, Her Majesty, in exercise of the powers conferred on Her by section 1 of the United Nations Act 1946(a), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Citation and commencement
1. This Order may be cited as the South Africa (Prohibited Exports and Transactions) (Overseas Territories) Order 1978 and shall come into operation on 14th December 1978.
Interpretation
2.—(1) In this Order the expression "Governor" means the Governor or other officer administering the government of the Territory.
(2) In this Order any reference to the holder of an office by a term designating or describing his office shall be construed as including, to the extent of his authority, a reference to any person for the time being authorised to perform the functions of that office.
(3) The Interpretation Act 1889(b) shall apply, with the necessary adaptations, for the purpose of interpreting this Order and otherwise in relation thereto as it applies for the purpose of interpreting and in relation to Acts of Parliament of the United Kingdom, and as if this Order were such an Act of Parliament.
Extent of Order
3.—(1) This Order extends to the territories (including the dependencies thereof) mentioned in Schedule 1 to this Order.
(a) 1946 c. 45.
(b) 1889 c. 63.
(2) In the application of this Order to any of the said territories as part of its law the expression "the Territory" in this Order means that territory.
Exportation of certain goods from the Territory
4.—(1) All goods to which this Article applies are prohibited to be exported from the Territory to South Africa.
(2) Any person who exports any goods from the Territory in contravention of paragraph (1) of this Article shall be guilty of an offence against this Order.
(3) The goods to which this Article applies are the goods specified in Schedule 2 to this Order insofar as they are specially designed for military purposes or para-military police purposes.
(4) Nothing in this Article shall be construed so as to prejudice any other provision of law prohibiting or restricting the exportation of goods from the Territory.
Prohibition of certain transactions relating to patents, registered designs and industrial information or techniques
5.—(1) No person shall enter into any licensing arrangements for the use of patents, registered designs or industrial information or techniques specially devised or formulated for the manufacture or maintenance of the goods to which this Article applies if that person intends, or has reasonable cause to believe that another person intends, by such arrangements to promote the manufacture or maintenance of any such goods in South Africa.
(2) Any person who contravenes the foregoing provisions of this Article shall be guilty of an offence against this Order.
(3) The goods to which this Article applies are the goods specified in Schedule 2 to this Order, insofar as they are specially designed for military purposes or para-military police purposes.
Obtaining of evidence and information
6. 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, of evidence of the commission of an offence against this Order.
Penalties and Proceedings
7.—(1) Any person guilty of an offence against this Order shall be liable—
(a) on conviction before a superior court to imprisonment for a term not exceeding two years or to a fine or to both; or
(b) on summary conviction to a fine not exceeding £1,000.
(2) When an offence under this Order which has been committed by a body corporate 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 be liable to be proceeded against and punished accordingly.
Where the affairs of a body corporate are managed by its members the preceding provisions of this paragraph shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(3) Proceedings for an offence against this Order shall not be instituted except by, or with the consent of, the Attorney-General:
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 remanding 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.
(4) In paragraph (3) of this Article "the Attorney-General" means the Attorney-General or other principal law officer of the Territory:
Provided that—
(a) if there is no such office established for the Territory the reference to the Attorney-General in that paragraph shall be construed as if it were a reference to the Governor; and
(b) if by the law of the Territory power is vested to the exclusion of any other person in some officer other than the principal law officer to take over and continue criminal proceedings instituted before any civil court of the Territory by any other person or authority the said reference shall be construed as if it were a reference to that other officer.
Exercise of powers of the Governor
9. The Governor may, to such extent and subject to such restrictions and conditions as he may think proper, delegate or authorise the delegation of any of his powers under this Order (other than the power to give authority under Schedule 3 to this Order to apply for a search warrant) to any person, or class or description of persons, approved by him, and references in this Order to the Governor shall be construed accordingly.
N. E. Leigh, Clerk of the Privy Council.
Article 3
SCHEDULE 1
TERRITORIES TO WHICH THIS ORDER APPLIES
Anguilla
Belize.
Bermuda.
British Antarctic Territory.
British Indian Ocean Territory.
British Virgin Islands.
Cayman Islands.
Falkland Islands (Colony and Dependencies).
Gibraltar.
Gilbert Islands.
Hong Kong.
Montserrat.
Pitcairn, Henderson, Ducie and Oeno Islands.
St. Helena (Colony and Dependencies).
Sovereign Base Areas of Akrotiri and Dhekelia.
Turks and Caicos Islands.
Articles 4 & 5
SCHEDULE 2
GOODS TO WHICH ARTICLES 4 AND 5 APPLY
Acoustic devices represented by the manufacturers or suppliers thereof as suitable for riot control purposes and specialised parts and components therefor
Aircraft, assembled or dismantled, aircraft engines and parts and components of aircraft and aircraft engines, the following:—
(1) Aircraft and helicopters, of the piloted or pilotless type, specially designed or adapted for military purposes;
(2) Other helicopters over 4530 kg empty weight
(3) Aircraft and helicopters, not specified in (1) and (2) above, and having a maximum all-up weight of 680 kg or more, incorporating or equipped with equipment specified in this Schedule relating to communication, navigation, direction-finding and radar equipment, or to compasses and gyroscopic apparatus
(4) Aircraft engines and helicopter engines, specially designed for military purposes
(5) Aircraft engines and helicopter engines, not specified in (4) above
(6) Specialised parts and components of aircraft, helicopters, or aircraft engines and helicopter engines, specified in (1) (2) (3) (4) and (5) above
Anti-riot shields and parts and components therefor
Apparatus and appliances specially designed for use in aircraft, the following:—
Anti-g suits
Anti-g valves
Crash helmets
Ejection seats and catapults and cartridges therefor
Liquid oxygen converters
Partial pressure suits
Pressurised breathing apparatus
Appliances for use with arms and apparatus specially designed and intended for land, sea or aerial warfare
Appliances, mechanical, designed to produce smoke for military purposes
Armour, the...
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