UNITED NATIONS Citation, commencement, operation and extent 1 1 This Order may be cited as the Eritrea and Ethiopia (United Nations Sanctions) (Channel Islands) Order 2000 and shall come into force on 16th June 2000. 2 Subject to paragraph (3) below, this Order shall remain in force until 17th May 2001. 3 If the Security Council of the United Nations takes any decision which has the effect of cancelling, extending or suspending the operation of the resolution adopted by it on 17th May 2000, in whole or in part, this Order shall cease to have effect or its operation shall be extended or suspended, in whole or in part, as the case may be, in accordance with that decision; and particulars of that decision 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 Channel Islands so as to be law, respectively, in the Bailiwick of Guernsey and the Bailiwick of Jersey only. Interpretation 2 1 In this Order the following expressions have, except where otherwise expressly provided, the meanings hereby respectively assigned to them, that is to say— “Attorney General” means— in the application of this Order to the Bailiwick of Guernsey, the Attorney General or the Solicitor General for Guernsey; and in the application of this Order to the Bailiwick of Jersey, the Attorney General of Jersey; “Chief Revenue Officer” and “States Revenue Officer” have the meaning they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972; “commander”, in relation to an aircraft, means the member of the flight crew designated as commander of the aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of the aircraft; “enactment” includes an enactment of the States of Guernsey or, as the case may be, the States of Jersey; “export” includes shipment as stores and cognate expressions shall be construed accordingly; “exportation” in relation to any vessel, submersible vehicle or aircraft, includes the taking out of the United Kingdom or the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey of the vessel, submersible vehicle or aircraft notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly; “master”, in relation to a ship, includes any person (other than a pilot) for the time being in charge of the ship; “operator”, in relation to an aircraft or vehicle, means the person for the time being having the management of the aircraft or the vehicle; “owner”, in relation to a ship, where the owner of a ship is not the operator, means the operator and any person to whom it is chartered; “person connected with Eritrea or Ethiopia” means— the Government of Eritrea; the Government of Ethiopia; any other person in, or resident in, Eritrea or Ethiopia; any body incorporated or constituted under the laws of Eritrea or Ethiopia; any body, wherever incorporated or constituted, which is controlled by any of the persons mentioned in sub-paragraphs (a) to (d) above; or any person acting on behalf of any of the persons mentioned in sub-paragraphs (a) to (e) above; “police officer” means— in relation to Guernsey, Herm and Jethou, a member of the salaried police force of the Island of Guernsey and, within the limits of his jurisdiction, a member of the special constabulary of the Island of Guernsey; in relation to Alderney, a member of the said police force and a member of any police force which may be established by the States of Alderney; in relation to Sark, the Constable, the Vingtenier and a member of the said police force of the Island of Guernsey; in relation to the Bailiwick of Jersey, a member of the Honorary Police or a member of the States of Jersey police force; “ship” includes every description of vessel used in navigation; “the Standard Scale” means the standard scale of fines specified for the time being in the Schedule to the Criminal Justice (Standard Scale of Fines) (Jersey) Law 1993. “shipment” (and cognate expressions) and “stores” shall in the application of this Order to the Bailiwick of Guernsey, have the meanings they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972, and in the application of this Order to the Bailiwick of Jersey , have the meanings they bear in the Customs and Excise (Jersey) Law 1999; “vehicle” means land transport vehicle. 2 Any reference to an Act of Parliament shall, in the case of a provision which has been extended to the Channel Islands be construed as a reference to that provision as it has effect there and in any other case, be construed as a reference to that provision as it has effect in the United Kingdom. Supply of certain goods to Eritrea and Ethiopia 3 1 Except under the authority of a written licence granted under this article— a in the case of the Bailiwick of Guernsey, by the Lieutenant Governor; b in the case of the Bailiwick of Jersey, by the Finance and Economics Committee, no person shall— a supply or deliver; or b agree to supply or deliver any goods specified in Schedule 1 to this Order to any person in Eritrea or Ethiopia. 2 Nothing in paragraph (1)(b) above shall apply where the supply or delivery of the goods to the person concerned is authorised by a licence granted under this article. Exportation of certain goods to Eritrea and Ethiopia 4 Except under the authority of a written licence granted under this article— a in the case of the Bailiwick of Guernsey, by the Lieutenant Governor; b in the case of the Bailiwick of Jersey, by the Finance and Economics Committee, or the Import and Export of Goods (Control) (Guernsey) Order, 1990, the goods specified in Schedule 1 to this Order are prohibited to be exported from any of the Channel Islands to any destination in Eritrea or Ethiopia, or to any destination for the purpose of delivery, directly or indirectly, to or to the order of any person in Eritrea or Ethiopia. Use of ships, aircraft and vehicles 5 1 Without prejudice to the generality of article 3 of this Order, and except under the authority of a written licence granted under this article— a in the case of the Bailiwick of Guernsey, by the Lieutenant Governor; b in the case of the Bailiwick of Jersey, by the Finance and Economics Committee, no ship or aircraft to which this article applies, and no vehicle within the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, shall be used for the carriage of any goods specified in Schedule 1 to this Order if the carriage is, or forms part of, carriage from any place outside Eritrea or Ethiopia to any destination therein. 2 This article applies to ships registered in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, to aircraft registered in the United Kingdom and to any other ship or aircraft that is for the time being chartered to any person who is— a 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 Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey; or b a body incorporated or constituted under the law of any part of the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey. 3 If any ship, aircraft or vehicle is used in contravention of paragraph (1) above then— a in the case of a ship registered in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey or any aircraft registered in the United Kingdom, the owner and the master of the ship or, as the case may be, the operator and the commander of the aircraft; or b in the case of any other ship or aircraft— i the person to whom the ship or aircraft is for the time being chartered, and ii if he is such a person as is referred to in sub-paragraph (a) or sub-paragraph (b) of paragraph (2) of this article, the owner and the master of the ship or, as the case may be, the operator and the commander of the aircraft; or c in the case of a vehicle, the operator of the vehicle, shall be guilty of an offence, unless he proves that he did not know and had no reason to suppose that the carriage of the goods in question was, or formed part of, carriage from any place outside Eritrea or Ethiopia to any destination therein. 4 Nothing in paragraph (1) above shall apply where the supply or delivery or exportation from the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey of the goods concerned to Eritrea or Ethiopia was authorised by a licence granted by the relevant authority under article 3 or article 4 of this Order. 5 Nothing in this article shall be construed so as to prejudice any other provision of law prohibiting or restricting the use of ships, aircraft or vehicles. Provision of certain technical assistance or training 6 Except under the authority of a written licence granted under this article— a in the case of the Bailiwick of Guernsey, by the Lieutenant Governor; b in the case of the Bailiwick of Jersey, by the Finance and Economics Committee, no person shall provide to a person connected with Eritrea or Ethiopia any technical assistance or training related to the supply, delivery, manufacture, maintenance or use of any goods specified in Schedule 1 to this Order. Application of articles 3 and 6 7 1 The provisions of articles 3 and 6 of this Order shall apply to any person within the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey and to any person elsewhere who: 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 Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey; or b is a body incorporated or constituted under the law of any part of the Bailiwick of Guernsey or, as the case may be, that of the Bailiwick of Jersey. 2 Subject to the provisions of paragraphs (3) and (4) below, any person specified in paragraph (1) above who contravenes the provisions of article 3 or 6 of this Order shall in the Bailiwick in question be guilty of an offence. 3 In the case of proceedings for an offence in contravention of article 3 of this Order it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the goods in question were to be supplied or delivered to a person in Eritrea or Ethiopia. 4 In the case of proceedings for an offence in contravention of article 6 of this Order it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the technical assistance or training in question were to be provided to a person connected with Eritrea or Ethiopia. Customs powers to demand evidence of destination which goods reach 8 Any exporter or any shipper of goods which have been exported from any of the Channel Islands shall, if so required by, in the case of the Bailiwick of Guernsey, the Chief Revenue Officer or, in the case of the Bailiwick of Jersey, the Agent or Deputy Agent of the Impôts or any person duly authorised by the Agent of the Impôts, furnish within such time as it may allow proof to its satisfaction that the goods have reached either— a a destination to which they were authorised to be exported by a licence granted under this Order; or b a destination to which their exportation was not prohibited by this Order, and, if he fails to do so, he shall be guilty of an offence unless he proves that he did not consent to or connive at the goods reaching any destination other than such a destination as aforesaid. Offences in connection with applications for licences, conditions attaching to licences, etc. 9 1 If for the purposes of obtaining any licence under this Order any person makes any statement or furnishes any document or information which to his knowledge is false in a material particular or recklessly makes any statement or furnishes any document or information which is false in a material particular he shall be guilty of an offence. 2 Any person who has done any act under the authority of a licence granted by the Lieutenant Governor or, as the case may be, the Finance and Economics Committee under this Order and who fails to comply with any condition attaching to that licence shall be guilty of an offence: Provided that no person shall be guilty of an offence under this paragraph where he proves that the condition with which he failed to comply was modified, otherwise than with his consent, by the Lieutenant Governor or, as the case may be, the Finance and Economics Committee after the doing of the act authorised by the licence. Declaration as to goods: powers of search 10 1 Any person who is about to leave any of the Channel Islands shall, if he is required to do so by, in the case of the Bailiwick of Guernsey, a States Revenue Officer or, in the case of the Bailiwick of Jersey, an officer of the Impôts— a declare whether or not he has with him any goods specified in Schedule 1 to this Order which are destined for Eritrea or Ethiopia or for delivery, directly or indirectly, to or to the order of any person in Eritrea or Ethiopia; and b produce any such goods as aforesaid which he has with him, and such officer, and any person acting under his directions, may search that person for the purpose of ascertaining whether he has with him any such goods as aforesaid: Provided that no person shall be searched in pursuance of this paragraph except by a person of the same sex. 2 Any person who without reasonable excuse refuses to make a declaration, fails to produce any goods or refuses to allow himself to be searched in accordance with the foregoing provisions of this article shall be guilty of an offence under this Order. 3 Any person who under the provisions of this article makes a declaration which to his knowledge is false in a material particular or recklessly makes any declaration which is false in a material particular shall be guilty of an offence under this Order. Investigation, etc. of suspected ships 11 1 Where any authorised officer has reason to suspect that any ship to which article 5 of this Order applies has been or is being or is about to be used in contravention of paragraph (1) of that article— a he may (either alone or accompanied and assisted by persons under his authority) board the ship and search her and, for that purpose, may use or authorise the use of reasonable force; b he may request the master of the ship to furnish such information relating to the ship and her cargo and produce for his inspection such documents so relating and any such cargo as he may specify; and c in the case of a ship that is reasonably suspected of being or of being about to be used in contravention of paragraph (1) of article 5 of this Order, he may (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under sub-paragraph (b) above), with a view to the prevention of the commission (or the continued commission) of any such contravention or in order that enquiries into the matter may be pursued, take the further action specified in paragraph (2) below. 2 The further action referred to in paragraph 1(c) above is either— a to direct the master of the ship to refrain, except with the consent of any authorised officer, from landing at any port specified by the officer any part of the ship’s cargo that is so specified; or b to request the master of the ship to take any one or more of the following steps: i to cause the ship not to proceed with the voyage on which she is then engaged or about to engage until the master is notified by an authorised officer that the ship may so proceed; ii if the ship is then in port in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, cause her to remain there until the master is notified by an authorised officer that the ship may depart; iii if the ship is then in any other place, to take her to any such port specified by the officer and to cause her to remain there until the master is notified as mentioned in sub-paragraph (ii) above; and iv to take her to any other destination that may be specified by the officer in agreement with the master. 3 Without prejudice to the provisions of article 14(3) of this Order, where— a a master refuses or fails to comply with a request made under paragraph (2)(b) above; or b an authorised officer otherwise has reason to suspect that a request that has been so made may not be complied with, any such officer may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose enter upon, or authorise entry upon, that ship and use, or authorise the use of, reasonable force. 4 In this article “authorised officer” means— a in respect of the Bailiwick of Guernsey, any officer as is referred to in section 284(1) of the Merchant Shipping Act 1995 as extended to the Bailiwick of Guernsey by the Merchant Shipping (Oil Pollution and General Provisions) (Guernsey) Order 1998 , or a States Revenue Officer; b in respect of the Bailiwick of Jersey, the Harbour Master or an officer appointed to deputise for him. Investigation, etc. of suspected aircraft 12 1 Where any authorised officer or authorised person has reason to suspect that any aircraft to which article 5 of this Order applies has been or is being or is about to be used in contravention of paragraph (1) of that article— a he may request the charterer, the operator and the commander of the aircraft or any of them to furnish such information relating to the aircraft and its cargo and produce for his inspection such documents so relating and such cargo as he may specify; b he may (either alone or accompanied and assisted by persons under his authority) board the aircraft and search it and, for that purpose, may use or authorise the use of reasonable force; and c if the aircraft is then in any of the Channel Islands, he may (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under sub-paragraph (a) above) further request the charterer, the operator and the commander or any of them to cause the aircraft and any of its cargo to remain in the relevant Bailiwick until notified that the aircraft and its cargo may depart. 2 Without prejudice to the provisions of article 14(3) below, where any authorised officer or authorised person has reason to suspect that any request that has been made under paragraph 1(c) above may not be complied with, he may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose— a enter, or authorise entry, upon any land and upon that aircraft; b detain, or authorise the detention of, that aircraft and any of its cargo; and c use, or authorise the use of, reasonable force. 3 Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of his authority. 4 In this article— “authorised officer” means— in respect of the Bailiwick of Guernsey, any States Revenue Officer, in respect of the Bailiwick of Jersey, any officer of the Impôts; “authorised person” means any person authorised by the Attorney General for the purpose of this article either generally or in a particular case. Investigation, etc. of suspected vehicles 13 1 Where any authorised officer or authorised person has reason to suspect that any vehicle in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey has been or is being or is about to be used in contravention of article 5 of this Order— a he may request the operator and the driver of the vehicle or either of them to furnish such information relating to the vehicle and any goods contained in it and produce for his inspection such documents so relating and such goods as he may specifiy; b he may (either alone or accompanied and assisted by persons under his authority) enter the vehicle and search it and, for that purpose, may use or authorise the use of reasonable force; and c he may (either there and then or upon consideration of any information furnished or document or goods produced in pursuance of a request made under sub-paragraph (a) above) further request the operator or the driver to cause the vehicle and any goods contained in it to remain in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey until notified that the vehicle and goods may depart. 2 Without prejudice to the provisions of article 14(3) of this Order, where any authorised officer or authorised person has reason to suspect that any request that has been made under paragraph (1)(c) above may not be complied with, he may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose— a enter, or authorise entry, upon any land and enter, or authorise entry of, that vehicle; b detain, or authorise the detention of, that vehicle and any goods contained in it; and c use, or authorise the use of, reasonable force. 3 Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of his authority. 4 In this article— “authorised officer” means— in respect of the Bailiwick of Guernsey, any States Revenue Officer, in respect of the Bailiwick of Jersey, any officer of the Impôts. “authorised person” means any person authorised by the Attorney General for the purpose of this article either generally or in a particular case. Provisions supplementary to articles 11 to 13 14 1 No information furnished or document produced by any person in pursuance of a request made under article 11, 12 or 13 of this Order shall be disclosed except— a with the consent of the person by whom the information was furnished or the document was produced: Provided that a person who has obtained information or is in possession of a document only in his capacity as servant or agent or another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or to the possession of that document in his own right; b to any person who would have been empowered under article 11, 12 or 13 of this Order to request that it be furnished or produced or to any person holding or acting in any office under or in the service of the Crown in respect of the Government of the United Kingdom or under or in the service of the Government of the Isle of Man or under or in the service of the States of Guernsey or Alderney or the Chief Pleas of Sark or, as the case may be, the States of Jersey or under or in the services of the Government of any territory listed in Schedule 3 to this Order; or c on the authority of the Attorney General, to any organ of the United Nations or to any person in the service of the United Nations or of the Government of any other country for the purpose of assisting the United Nations or that Government in securing compliance with or detecting evasion of measures in relation to Eritrea or Ethiopia decided upon by the Security Council of the United Nations; or d with a view to the institution of, or otherwise for the purposes of, any proceedings for an offence under this Order or, with respect to any of the matters regulated by this Order, for an offence under any enactment relating to customs, or for an offence under any provision of law with respect to similar matters that is for the time being in force in the Bailiwick of Guernsey or the Bailiwick of Jersey. 2 Any power conferred by articles 11, 12 and 13 of this Order to request the furnishing of information or the production of a document or of cargo or of goods for inspection shall include a power to specify whether information should be furnished orally or in writing and in what form and to specify the time by which and the place in which the information should be furnished or the document or cargo or goods produced for inspection. 3 Each of the following persons shall be guilty of an offence, that is to say— a a master of a ship who disobeys any direction given under article 11(2)(a) of this Order; b a master of a ship or a charterer or an operator or a commander of an aircraft or an operator or a driver of a vehicle who— i without reasonable excuse, refuses or fails within a reasonable time to comply with any request made under article 11, 12 or 13 of this Order by any person empowered to make it, or ii in response to such a request, furnishes any information or produces any document which to his knowledge is false in a material particular, or recklessly furnishes any information or produces any document which is false in a material particular, to such a person; c a master or a member of a crew of a ship or a charterer or an operator or a commander or a member of a crew of an aircraft or an operator or a driver of a vehicle who wilfully obstructs any person (or any person acting under the authority of that person) in the exercise of his powers under article 11, 12 or 13 of this Order. 4 Nothing in articles 11 to 13 of this Order shall be construed so as to prejudice any other provision of law conferring powers or imposing restrictions or enabling restrictions to be imposed with respect to ships, aircraft or vehicles. Obtaining of evidence and information 15 The provisions of Schedule 2 to this Order shall have effect in order to facilitate the obtaining of evidence and information for the purpose of securing compliance with or detecting evasion of this Order and in order to facilitate the obtaining of evidence of the commission of an offence under this Order or, with respect to any of the matters regulated by this Order, of an offence under any enactment relating to customs or of an offence against any provision of law with respect to similar matters for the time being in force in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey. Investigations by the Agents of Impôts 16 1 Where, in the case of the Bailiwick of Jersey, the Agent of the Impôts or a police officer investigates or proposes to investigate any matter with a view to determining— a whether there are grounds for believing that an offence under this Order has been committed, or b whether a person should be prosecuted for such an offence, the matter shall be treated as an assigned matter within the meaning of Article 1(1) of the Customs and Excise (Jersey) Law 1999. Penalties and proceedings 17 1 Any person guilty of an offence under article 5(3) or 7(2) of this Order shall be liable in the Bailiwick of Guernsey— a on conviction on information to custody for a term not exceeding seven years or to a fine or to both; or b on summary conviction to custody for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both, and, in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding seven years or to a fine or to both. 2 Any person guilty of an offence under article 14(3)(b)(ii) of this Order or paragraph 5(b) or (d) of Schedule 2 to this Order shall be liable in the Bailiwick of Guernsey— a on conviction on information to custody for a term not exceeding two years or a fine or both; or b on summary conviction to custody for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both, and in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding two years or to a fine or to both. 3 Any person guilty of an offence under article 9(1) or (2), or article 10(3) of this Order shall be liable in the Bailiwick of Guernsey: a on conviction on information to custody for a term not exceeding two years or to a fine or to both; b on summary conviction to a fine not exceeding the statutory maximum, and in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding two years or to a fine or to both. 4 Any person guilty of an offence under article 8 or article 10(2) of this Order shall be liable— a in the Bailiwick of Guernsey, on summary conviction to a fine not exceeding level 5 on the standard scale; and b in the Bailiwick of Jersey, on conviction to a fine not exceeding level 4 on the Standard Scale. 5 Any person guilty of an offence under article 14(3)(a), (b)(i) or (c) of this Order or paragraph 5(a) or (c) of Schedule 2 to this Order shall be liable— a in the Bailiwick of Guernsey on summary conviction to custody for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both; and b in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding six months or to a fine or to both. 6 Where any body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. 7 Summary proceedings in the Bailiwick of Guernsey and any proceedings in the Bailiwick of Jersey for an offence under this Order, being an offence alleged to have been committed outside the Bailiwick in question, may be commenced at any time within 12 months from the date on which the person charged first enters that Bailiwick after committing the offence. 8 Proceedings against any person for an offence under this Order in its application to the Bailiwick of Guernsey, may be taken before the appropriate court in the Bailiwick having jurisdiction in the place where that person is for the time being. 9 No proceedings for an offence under this Order, in its application to the Bailiwick of Jersey, shall be instituted except by or with the consent of the Attorney General for Jersey: Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained. Exercise of powers 18 1 The Lieutenant Governor or, as the case may be, the Finance and Economics Committee, or the Attorney General, may to such extent and subject to such restrictions and conditions as he or it may think proper, delegate or authorise the delegation of any of his or its powers under this Order (other than the power to give authority under Schedule 2 to this Order to apply for a search warrant) to any person, or class or description of persons, approved by him or it, and references in this Order to the Lieutenant Governor, Finance of Economics Committee and Attorney General shall be construed accordingly. 2 Any licences granted under this Order may be either general or special, may be subject to or without conditions, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the authority that granted them. A. K. Galloway Clerk of the Privy Council