UNITED NATIONS Citation, commencement, operation and extent 1 1 This Order may be cited as the Eritrea and Ethiopia (United Nations Sanctions) (Overseas Territories) Order 2000 and shall come into force on 16th June 2000. 2 a Subject to sub-paragraph (b) below, this Order shall remain in force until 17th May 2001. b 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 Governor in a notice in the official gazette of the Territory. 3 a This Order shall extend to the territories listed in Schedule 3 to this Order. b In the application of this Order to any of the said territories the expression “the Territory” in this Order means that 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— “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; “export” includes shipment as stores; “exportation” in relation to any vessel, submersible vehicle or aircraft, includes the taking out of the Territory 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; “Governor” means the Governor or other officer administering the government of the Territory; “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”, 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; “ship” includes every description of vessel used in navigation; “shipment” includes loading into an aircraft; “stores” means goods for use in a vessel or aircraft and includes fuel and spare parts and other articles of equipment, whether or not for immediate fitting, but excludes any goods for use in a vessel or aircraft as merchandise for sale by retail to persons carried therein; “vehicle” means land transport vehicle. 2 In articles 14(1)(d) and 15 of this Order and in paragraphs 2(1)(a) and 4(d) of Schedule 2, references to an offence under any enactment relating to customs include references to any offence against any provision of law with respect to any of the matters regulated by this Order that is for the time being in force in any territory to which this Order extends. Supply of certain goods to Eritrea and Ethiopia 3 1 Except under the authority of a written licence granted by the Governor under this article, 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) of this article shall apply where the supply or delivery of the goods to the person concerned is authorised by a written licence granted by the Governor under this article. Exportation of restricted goods to Eritrea or Ethiopia 4 Except under the authority of a written licence granted by the Governor under this article, the goods specified in Schedule 1 to this Order are prohibited to be exported from the Territory 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: restricted goods, technical assistance and training 5 1 Without prejudice to the generality of article 3 of this Order, and except under the authority of a written licence granted by the Governor under this article, no ship or aircraft to which this article applies, and no vehicle within the Territory, 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 Territory, to aircraft so registered 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 Territory; or b a body incorporated or constituted under the law of the Territory. 3 If any ship, aircraft or vehicle is used in contravention of paragraph (1) of this article then— a in the case of a ship registered in the Territory or any aircraft so registered, 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, the person to whom the ship or aircraft is for the time being chartered, and, 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 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 under this Order, 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) of this article shall apply where the supply or delivery or exportation from the Territory of the goods concerned to Eritrea or Ethiopia was authorised by a licence granted by the Governor 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 by the Governor under this article, 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 Territory 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 Territory; or b is a body incorporated or constituted under the law of the Territory. 2 Subject to the provisions of paragraphs (3) and (4) of this article, any person specified in paragraph (1) of this article who contravenes the provisions of article 3 or 6 of this Order shall be guilty of an offence under this Order. 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. Powers to demand evidence of destination which goods reach 8 Any exporter or any shipper of goods which have been exported from the Territory shall, if so required by the Governor, furnish within such time as the Governor may allow proof to the Governor’s 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 under this Order 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 under this Order. 2 Any person who has done any act under the authority of a licence granted by the Governor under this Order and who fails to comply with any condition attaching to that licence shall be guilty of an offence under this Order: 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 Governor 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 the Territory shall if he is required to do so by an officer authorised for the purpose by the Governor— 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 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 any authorised officer (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, may take the further action specified in paragraph (2) below. 2 The further action referred to in paragraph (1)(c) of this article 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 Territory to 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) of this article; 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 any commissioned naval or military officer; b any British consular officer; c any person authorised by the Governor for the purpose of this article either generally or in a particular case. Investigation, etc. of suspected aircraft 12 1 Where any 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 this 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 the Territory any authorised person 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 United Kingdom until notified that the aircraft and its cargo may depart. 2 Without prejudice to the provision of article 14(3) of this Order, where any authorised person has reason to suspect that any request that has been made under paragraph (1)(c) of this article 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 person” means any person authorised by the Governor for the purpose of this article either generally or in a particular case. Investigation, etc. of suspected vehicles 13 1 Where any authorised person has reason to suspect that any vehicle in the Territory 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 any goods contained in it and produce for his inspection such documents so relating and such goods as he may specify; 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 any authorised person 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 Territory 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 person has reason to suspect that any request that has been made under paragraph (1)(c) of this article 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 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 person” means any person authorised by the Governor 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 of 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 in or under the service of the Government of any territory to which this Order extends; c on the authority of the Secretary of State, 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 of any of the matters regulated by this Order, for an offence under any enactment relating to customs. 2 Any power conferred by article 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 produced for inspection. 3 Each of the following persons shall be guilty of an offence under this Order, 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 on an aircraft or an operator or a driver of a vehicle who wilfully obstructs any such person (or any person acting under the authority of any such person) in the exercise of his powers under article 11, 12 or 13 of this Order. 4 Nothing in articles 11 to 14 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, by or on behalf of the Governor, of evidence and information for the purpose of securing compliance with or detecting evasion of this Order and in order to facilitate the obtaining, by or on behalf of the Governor, 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. Penalties and Proceedings 16 1 Any person guilty of an offence under article 5(3) or 7(2) of this Order shall be liable: a on conviction on indictment to imprisonment for a term not exceeding seven years or to a fine or to both; or b on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent 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: a on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both; or b on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent 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: a on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both; b on summary conviction to a fine not exceeding £5,000 or its equivalent. 4 Any person guilty of an offence under article 8 or article 10(2) of this Order shall be liable on summary conviction to a fine not exceeding £5,000 or its equivalent. 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 on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent 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 for an offence under this Order, being an offence alleged to have been committed outside the Territory, may be instituted at any time not later than 12 months from the date on which the person charged first enters the Territory after committing the offence. 8 Proceedings against any person for an offence under this Order may be taken before the appropriate court in the Territory having jurisdiction in the place where that person is for the time being. 9 No proceedings for an offence under this Order shall be instituted in the Territory except by or with the consent of the principal public officer of the Territory having responsibility for criminal prosecutions: 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 of the Governor 17 1 The Governor may to such extent and subject to such restrictions and conditions as he may think proper, delegate or authorise the delegation of any of his powers under this Order to any person, or class or description of persons, approved by him, and references in this Order to the Governor 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. Miscellaneous 18 1 Any provision of this Order which prohibits the doing of a thing except under the authority of a licence granted by the Governor shall not have effect in relation to any such thing done anywhere other than the Territory provided that it is duly authorised. 2 A thing is duly authorised for the purpose of paragraph (1) of this article if it is done under the authority of a licence granted in accordance with any law in force in the place where it is done (being a law substantially corresponding to the relevant provisions of this Order) by the authority competent in that behalf under that law. A. K. Galloway Clerk of the Privy Council