Regulation
The Al-Qa'ida and Taliban (United Nations Measures) (Overseas Territories) Order 2002 (SI 2002/112)
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Summary
This 2002 Order in Council extends United Kingdom sanctions against Usama bin Laden, Al-Qa'ida and the Taliban to the Overseas Territories, including the British Virgin Islands, giving effect to UN Security Council Resolution 1390. It creates criminal offences for supplying goods, funds or assistance to designated (listed) persons and imposes disclosure duties on financial institutions.
- Restricted goods: Prohibits supplying, delivering, agreeing to supply, or promoting the supply of restricted goods (arms and related materiel) from the Territory, or by Territory persons anywhere, to a listed person; export of restricted goods to listed persons is prohibited outright.
- Technical assistance and training: Prohibits providing technical assistance or training relating to restricted goods or military activities to listed persons, whether from within or outside the Territory.
- Transport: Bans use of Territory-registered ships, aircraft or vehicles chartered to Territory persons for carrying restricted goods to listed persons; owners, operators, masters and commanders can be held liable.
- Funds: Makes it an offence to make funds available to or for the benefit of a listed person without a licence from the Governor; the Governor may issue freezing directions against funds suspected to belong to a listed person.
- Disclosure duty: Requires relevant institutions (monetary authorities, deposit-taking businesses, certain building societies) to report to the Governor as soon as reasonably practicable any knowledge or suspicion that a customer is a listed person or has committed an offence under the Order.
- Customs and search powers: Empowers the Governor to require exporters to prove goods reached a permitted destination, and to require departing persons to declare and produce restricted goods, with search powers attached.
- Offences: Creates offences for false statements in licence applications, breach of licence conditions, false declarations, and obstruction of investigative or search powers under the Order.
The Order revokes the earlier Afghanistan (United Nations Sanctions) (Overseas Territories) Orders of 2001 and amends the Terrorism (United Nations Measures) (Overseas Territories) Order 2001. It took effect on 25 January 2002 and remains tied to the underlying UN Security Council resolutions, ceasing or being modified automatically if those resolutions are cancelled, extended or suspended.
Key obligations
- Must not supply, deliver, or agree to supply restricted goods to a listed person, whether from within the Territory or from elsewhere if the person is a British citizen/subject or Territory-incorporated body
- Must not export restricted goods from the Territory to a listed person
- Must not directly or indirectly provide technical assistance or training relating to restricted goods or military activities to a listed person
- Must not use Territory-registered or Territory-chartered ships, aircraft or vehicles to carry restricted goods to a listed person
- Must not make funds available to or for the benefit of a listed person except under a licence granted by the Governor
- Must comply with any Governor's direction freezing funds suspected to be held for a listed person, and recipients of such notices must forward a copy to the fund owner without delay
- Relevant institutions must disclose to the Governor, as soon as reasonably practicable, any knowledge or suspicion that a customer is a listed person or has committed an offence under articles 7, 8(9) or 12(2)
- Exporters and shippers must furnish proof of destination to the Governor within the time allowed if required
- Persons leaving the Territory must declare and produce any restricted goods destined for a listed person if required by the Governor
- Persons applying for a licence under the Order must not make false or reckless statements, and licence holders must comply with attached conditions
Applies to
relevant institutions (monetary authorities, deposit-taking businesses, building societies), exporters and shippers, ship owners, masters, aircraft operators and commanders, vehicle operators, persons and bodies incorporated in the Territory dealing with listed persons, licence applicants and holders
Deadlines
- 25th January 2002: Date the Order came into force
- as soon as reasonably practicable: Timeframe for a relevant institution to disclose to the Governor knowledge or suspicion that a customer is a listed person or has committed an offence
- not later than seven days before the hearing date: Deadline for a person applying to the Supreme Court to set aside a funds-freezing direction to serve a copy of the application on the Governor and other affected persons