Terrorism (United Nations Measures) Order 2001
| Jurisdiction | UK Non-devolved |
| Citation | SI 2001/3365 |
| Year | 2001 |
2001 No. 3365
UNITED NATIONS
The Terrorism (United Nations Measures) Order 2001
Made 9th October 2001
Laid before Parliament 9th October 2001
Coming into force 10th October 2001
At the Court at Buckingham Palace, the 9th day of October 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 28th September 2001, 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 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 and amendment
1.—(1) This Order may be cited as the Terrorism (United Nations Measures) Order 2001 and shall come into force on 10th October 2001.
(2) If the Security Council of the United Nations takes any decision which has the effect of postponing, suspending or cancelling the operation of the resolution adopted by it on 28th September 2001, in whole or in part, this Order shall cease to have effect or its operation shall be postponed or suspended, in whole or in part as the case may be, in accordance with that decision.
(3) Particulars of the decisions referred to in paragraph (2) above shall be published by the Secretary of State in a notice in the London, Edinburgh and Belfast Gazettes.
(4) This Order shall extend to the United Kingdom.
(5) An offence may be committed under Article 3, 4, 5, 6, 8 or 9 by, and a direction may be given under Article 4 or 8 to, any person within the United Kingdom or 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.
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;
“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;
“funds” means financial assets and economic benefits 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 export financing;
“relevant institution” means—
(a) an institution authorised under the Banking Act 19872;
(b) a European authorised institution within the meaning of the Banking Coordination (Second Council Directive) Regulations 19923which has established a branch in the United Kingdom for the purpose of accepting deposits or other repayable funds from the public; and
(c) a building society within the meaning of the Building Societies Act 19864;
“terrorism” means the use or threat of action where—
a
(i) the action falls within sub-paragraph (b),
(ii) the use or threat is designed to influence the government or to intimidate the public or a section of the public, and
(iii) the use or threat is made for the purpose of advancing a political, religious or ideological cause;
(b) action falls within this sub-paragraph if it—
(i) involves serious violence against a person,
(ii) involves serious damage to property,
(iii) endangers a person’s life, other than that of the person committing the action,
(iv) creates a serious risk to the health or safety of the public or a section of the public, or
(v) is designed seriously to interfere with or seriously to disrupt an electronic system;
(c) the use or threat of action falling within sub-paragraph (b) which involves the use of firearms or explosives is terrorism whether or not sub-paragraph (a)(ii) is satisfied;
(d) in sub-paragraphs (a), (b) and (c)—
(i) “action” includes action outside the United Kingdom,
(ii) a reference to any person or to property is a reference to any person, or to property, wherever situated,
(iii) a reference to the public includes a reference to the public of a country other than that of the United Kingdom,
(iv) “the government” means the government of the United Kingdom, of a part of the United Kingdom or of a country other than the United Kingdom.
Making Funds Available
3. Any person who, except under the authority of a licence granted by the Treasury under this article, makes any funds or financial (or related) services available directly or indirectly to or for the benefit of—
(a) a person who commits, attempts to commit, facilitates or participates in the commission of acts of terrorism,
(b) a person controlled or owned directly or indirectly by a person in (a), or
(c) a person acting on behalf, or at the direction, of a person in (a),
is guilty of an offence under this Order.
Freezing of Funds
4.—(1) Where the Treasury have reasonable grounds for suspecting that the person by, for or on behalf of whom any funds are held is or may be—
(a)
(a) a person who commits, attempts to commit, facilitates or participates in the commission of acts of terrorism,
(b)
(b) a person controlled or owned directly or indirectly by a person in (a), or
(c)
(c) a person acting on behalf, or at the direction, of a person in (a),
the Treasury may by notice direct that those funds are not to be made available to any person, except under the authority of a licence granted by the Treasury under this article.
(2) A direction given under paragraph (1) shall specify either—
(a)
(a) the period for which the direction is to have effect; or
(b)
(b) that the direction is to have effect until it is revoked by notice under paragraph (3).
(3) The Treasury may by notice revoke a direction given under paragraph (1) at any time.
(4) The expiry or revocation of a direction shall not affect the application of article 3 in respect of the funds in question.
(5) A notice under paragraph (1) or (3) shall be given in writing to the person holding the funds in question (“the recipient”), and shall require the recipient to send a copy of the notice without delay to the person whose funds they are, or for or on whose behalf they are held (“the owner”).
(6) A recipient shall be treated as complying with that requirement if, without delay, he sends a copy of the notice to the owner at his last-known address or, if he does not have an address for the owner, he makes arrangements for a copy of the notice to be supplied to the owner at the first available opportunity.
(7) Where a direction has been given under paragraph (1), any person by, for or on behalf of whom those funds are held may apply to the High Court or, in Scotland, to the Court of Session, for the direction to be set aside; and on such application the court may set aside the direction.
(8) A person who makes an application under paragraph (7) shall give a copy of the application and any witness statement or affidavit in support to the Treasury (and to any other person by, for or on behalf of whom those funds are held), not later than seven days before the date fixed for the hearing of the application.
(9) Any person who contravenes a direction given under paragraph (1) is guilty of an offence under this Order.
(10) A recipient who fails to comply with such a requirement as is mentioned in paragraph (5) is...
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