Air Navigation (Airspace Restrictions) Regulations, 2013

Summary

This 2013 Statutory Instrument implements a UN Security Council sanctions measure by prohibiting Taliban-linked or UN-designated persons from using Virgin Islands airspace or airports. It was made by the Governor under the Air Navigation (Overseas Territories) Order 2007 and came into force on 20 September 2013.

• Core prohibition: No person may fly any aircraft in Virgin Islands airspace, or take off or land any aircraft in the Territory, if that aircraft is owned, leased or operated by or on behalf of the Taliban or any designated person, regardless of the aircraft's registration.
• Exemption route: The prohibition does not apply where the flight has been approved in advance by the UN Security Council Resolution 1267 Committee on humanitarian grounds (including religious obligations) and the Governor has separately granted permission for the specific use of airspace, take off or landing.
• Definition of designated person: The term designated person takes its meaning from section 2(1) of The Al-Qaida (United Nations Measures) (Overseas Territories) Order 2012 (UK 2012 No. 1757).

Key obligations

• No person may fly, take off or land an aircraft in Virgin Islands airspace or territory if it is owned, leased or operated by or on behalf of the Taliban or a UN-designated person.
• Any exemption flight requires both prior approval from the UN Security Council's Resolution 1267 Committee (on humanitarian grounds) and separate written permission from the Governor before using Virgin Islands airspace, taking off or landing.

Applies to

aircraft operators, persons flying, operating, owning or leasing aircraft in Virgin Islands airspace, Taliban or UN-designated persons

Deadlines

• 20th day of September, 2013: Commencement date on which the Regulations, including the airspace and landing prohibition, came into force.