Terrorism (United Nations Measures) (Overseas Territories) Order 2001
| Jurisdiction | UK Non-devolved |
| Citation | SI 2001/3366 |
2001 No. 3366
UNITED NATIONS
The Terrorism (United Nations Measures) (Overseas Territories) 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) (Overseas Territories) 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 cancelling or postponing or suspending 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 Governor in a notice in the official gazette of the Territory.
(a)
(a) (4) This Order shall extend to the territories listed in Schedule 1.
(b)
(b) Article 11 of this Order shall apply to the UK Sovereign Base Areas of Akrotiri and Dhekelia as set out in Schedule 2.
(c)
(c) In the application of this Order to any of the said territories the expression “the Territory” in this Order means that territory.
(5) An offence may be committed under Article 3, 4, 5, 6, 7, 9 or 10 by, and a direction may be given under Article 5 or 9 to, any person within the Territory 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 and is ordinarily resident in the Territory; or
(b)
(b) is a body incorporated or constituted under the law of any part of the 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—
“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;
“Governor” means the Governor or other officer administering the Government of the Territory;
“relevant institution” means—
(a) the person or body responsible for carrying out in the Territory the functions of a monetary authority;
(b) any person who may lawfully accept deposits in or from within the Territory in the course of carrying on a deposit-taking business, and for this purpose “deposit” has the meaning given to that term in section 5 of the Banking Act 19872and “deposit-taking business” has the meaning given to that term in section 6 of that Act;
(c) a European authorised institution within the meaning of the Banking Coordination (Second Council Directive) Regulations 19923which has lawfully established a branch in Gibraltar for the purpose of accepting deposits or other repayable funds from the public; and
(d) any society established lawfully in the Territory whose principal purpose is the making of loans secured on residential property where such loans are funded substantially by its members;
“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 Territory,
(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 territory or country other than that of the Territory,
(iv) “the government” means the government of the Territory, of a part of the Territory or of a territory or country other than the Territory;
“Supreme Court” means the court of the Territory having unlimited jurisdiction in civil proceedings.
Collection of funds
3.—(1) Any person who invites another to provide funds, and intends that they should be used, or knows that they may be used, for the purposes of terrorism, is guilty of an offence under this Order.
(2) Any person who receives funds, and intends that they should be used, or knows that they may be used, for the purposes of terrorism, is guilty of an offence under this Order.
(3) Any person who provides funds, and intends that they should be used, or knows that they may be used, for the purposes of terrorism, is guilty of an offence under this Order.
(4) In this section a reference to the provision of funds is a reference to them being given, lent or otherwise made available, whether or not for consideration.
Making funds available
4. Any person who, except under the authority of a licence granted by the Governor 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
5.—(1) Where the Governor has 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 of, or at the direction of, a person in (a),
the Governor 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 Governor 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 Governor 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 4 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...
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