The Al-Qaida and Taliban (United Nations Measures) Order 2006
| Jurisdiction | UK Non-devolved |
| Citation | SI 2006/2952 |
| Year | 2006 |
2006 No. 2952
United nations
The Al-Qaida and Taliban (United Nations Measures) Order 2006
Made 14th November 2006
Laid before Parliament 15th November 2006
Coming into force 16th November 2006
At the Court at Buckingham Palace, the 14th day of November 2006
Present,
The Queen’s Most Excellent Majesty in Council
The Security Council of the United Nations has adopted the following resolutions under Article 41 of the Charter of the United Nations: resolutions 1267(1999) adopted on 15th October 1999, 1333(2000) adopted on 19th December 2000, 1363(2001) adopted on 30th July 2001, 1390(2002) adopted on 16th January 2002, 1452(2002) adopted on 20th December 2002, 1455(2003) adopted on 17th January 2003, 1526(2004) adopted on 30th January 2004 and 1617(2005) adopted on 29th July 2005.
By those resolutions, the Security Council has 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 Al-Qaida, Usama bin Laden and the Taliban.
Accordingly, 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 as follows:
PART 1
Preliminary and general
Citation, commencement, extent and application
1.—(1) This Order may be cited as the Al-Qaida and Taliban (United Nations Measures) Order 2006 and comes into force on 16th November 2006.
(2) This Order extends to the United Kingdom.
(3) An offence may be committed under article 6, 7, 8, 10 or 11 by any person in the United Kingdom or by 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.
Interpretation
2.—(1) In this Order—
“the 2000 Act” means the Financial Services and Markets Act 20002;
“the 2002 Order” means the Al-Qa’ida and Taliban (United Nations Measures) Order 20023;
“body corporate” includes a Scottish partnership;
“designated person” has the meaning given by article 3;
“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;
“economic resources” means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but can be used to obtain funds, goods or services;
“funds” means financial assets and benefits of every kind, including (but not limited to)—
(a) cash, cheques, claims on money, drafts, money orders and other payment instruments;
(b) deposits with relevant institutions or other persons, balances on accounts, debts and debt obligations;
(c) publicly and privately traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivative products;
(d) interest, dividends or other income on or value accruing from or generated by assets;
(e) credit, rights of set-off, guarantees, performance bonds or other financial commitments;
(f) letters of credit, bills of lading, bills of sale;
(g) documents providing evidence of an interest in funds or financial resources;
(h) any other instrument of export financing;
“officer”, in relation to a body corporate, means—
(a) in relation to a Scottish partnership, a partner, and
(b) in relation to any other body corporate, a director, manager, secretary or other similar officer of the body corporate or any person who has purported to act in any such capacity;
“relevant institution” means—
(a) a person who has permission under Part 4 of the 2000 Act; and
(b) an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to the 2000 Act4which has permission under paragraph 15 of that Schedule as a result of qualifying for authorisation under paragraph 12 of that Schedule to accept deposits;
“Sanctions Committee” means the committee of the Security Council of the United Nations established under Security Council Resolution 1267(1999) adopted on 15th October 1999;
“Security Council Resolutions” means the following resolutions of the Security Council of the United Nations: resolutions 1267(1999) adopted on 15th October 1999, 1333(2000) adopted on 19th December 2000, 1363(2001) adopted on 30th July 2001, 1390(2002) adopted on 16th January 2002, 1452(2002) adopted on 20th December 2002, 1455(2003) adopted on 17th January 2003, 1526(2004) adopted on 30th January 2004 and 1617(2005) adopted on 29th July 2005.
(2) The definition of “relevant institution” in paragraph (1) must be read with—
(a)
(a) section 22 of the 2000 Act;
(b)
(b) any relevant order under that section; and
(c)
(c) Schedule 2 to that Act.
PART 2
Designated persons and directions
Designated persons
3.—(1) For the purposes of this Order—
(a)
(a) Usama bin Laden,
(b)
(b) any person designated by the Sanctions Committee, and
(c)
(c) any person identified in a direction,
is a designated person.
(2) In this Part “direction” (other than in articles 4(2)(d) and 5(3)(c)) means a direction given by the Treasury under article 4(1).
Treasury’s power to designate persons
4.—(1) Where any condition in paragraph (2) is satisfied, the Treasury may give a direction that a person identified in the direction is designated for the purposes of this Order.
(2) The conditions are that the Treasury have reasonable grounds for suspecting that the person is or may be—
(a)
(a) Usama bin Laden;
(b)
(b) a person designated by the Sanctions Committee;
(c)
(c) a person owned or controlled, directly or indirectly, by a designated person; or
(d)
(d) a person acting on behalf of or at the direction of a designated person.
(3) The Treasury may specify in the direction that the prohibition in article 8(1) does not apply in respect of the person identified in the direction.
(4) The Treasury may vary or revoke a direction at any time.
Directions: further provisions
5.—(1) Where the Treasury give a direction they must—
(a)
(a) take such steps as they consider appropriate—
(i) to publicise generally the direction, or
(ii) to inform only certain persons of the direction;
(b)
(b) give written notice to the person identified in the direction; and
(c)
(c) if they vary or revoke the direction, take steps to bring the variation or revocation to the attention of the persons informed or notified under sub-paragraph (a) or (b).
(2) Where the Treasury inform only certain persons of the direction, only those persons and the person identified in the direction are subject to the prohibitions referred to in paragraph (3).
(3) The prohibitions mentioned in paragraph (2) are those in articles 7(1) and, as the case may be, 8(1) insofar as they relate to—
(a)
(a) the person identified in the direction,
(b)
(b) any person owned or controlled, directly or indirectly, by him, or
(c)
(c) any person acting on his behalf or at his direction.
(4) The High Court or, in Scotland, the Court of Session may set aside a direction on the application of—
(a)
(a) the person identified in the direction, or
(b)
(b) any other person affected by the direction.
(5) A person who makes an application under paragraph 4 must give a copy of the application and any witness statement or affidavit in support to the Treasury not later than seven days before the date fixed for the hearing of the application.
Confidential information
6.—(1) Where the Treasury propose (in accordance with article 5(1)(a)(ii)) to inform only certain persons of a direction, they may specify in the direction that information contained in it is to be treated as confidential.
(2) A person who obtains information which is to be treated as confidential in accordance with paragraph (1), or to whom such information is provided, must not disclose it except with lawful authority.
(3) Confidential information is disclosed with lawful authority only if and to the extent that any of the following applies—
(a)
(a) the disclosure is by the Treasury;
(b)
(b) the disclosure is with the consent of the person who is the subject of the information;
(c)
(c) the disclosure is to (and is necessary to) give effect to a requirement under this Order;
(d)
(d) the disclosure is required, under rules of court or a court order, for the purposes of legal proceedings of any description.
(4) This article does not prevent the disclosure of information which is already, or has previously been, available to the public from other sources.
(5) A person who contravenes the prohibition in paragraph (2) is guilty of an offence.
(6) In proceedings for an offence under this article, it is a defence for a person to show that he did not know and had no reasonable cause to suspect that he was disclosing confidential information.
(7) The High Court or, in Scotland, the Court of Session may grant an injunction to prevent a breach of paragraph (2) in relation to any information upon the application of—
(a)
(a) the person who is the subject of the information, or
(b)
(b) the Treasury.
PART 3
Prohibitions and licences
Freezing funds and economic resources of designated persons
7.—(1) A person (including the designated person) must not deal with funds or economic resources belonging to, owned or held by a person referred to in paragraph (2) unless he does so under the authority of a licence granted under article 11.
(2) The prohibition in paragraph (1) applies in respect of—
(a)
(a) any designated person;
(b)
(b) any person owned or...
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