UNITED NATIONS Citation, commencement, operation and extent 1 1 This Order may be cited as the Sierra Leone (United Nations Sanctions) (Channel Islands) Order 2000 and shall come into force on 14th July 2000. 2 Subject to paragraph (3) below, this Order shall remain in force until 5th January 2002. 3 If the Security Council of the United Nations takes a decision which has the effect of cancelling, extending or suspending the operation of the resolution adopted by it on 5th July 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 in 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 same meaning as they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972 as amended; “enactment” includes an enactment of the States of Guernsey or, as the case may be, the States of Jersey; “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; and in relation to the Bailiwick of Jersey, a member of the Honorary Police or a member of the States of Jersey police force; “the standard scale” means— in relation to the Bailiwick of Guernsey, the standard scale of fines specified for the time being in section 1 of the Uniform Scale of Fines (Bailiwick of Guernsey) Law 1989, as amended, and in relation to the Bailiwick of Jersey, 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. 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. Exportation of diamonds from Sierra Leone 3 1 Except under the authority of a written licence granted under this Order— 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 on or after 14th July 2000 import directly or indirectly to the Bailiwick of Guernsey or the Bailiwick of Jersey, as the case may be, any rough diamond exported from Sierra Leone on or after 5th July 2000. 2 Subject to the provisions of paragraph (3) below, any person who contravenes the provisions of paragraph (1) above shall in the Bailiwick in question be guilty of an offence under this Order. 3 In the case of proceedings for an offence in contravention of this article, it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the diamonds in question had been exported from Sierra Leone on or after 5th July 2000. Offences in connection with applications for written licences, conditions attaching to licences, etc. 4 1 If for the purposes of obtaining any written 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 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 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 Lieutenant Governor or, as the case may be, the Finance and Economics Committee after the doing of the act authorised by the licence. Obtaining of evidence and information 5 The provisions of the Schedule 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 that is 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 6 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 7 1 Any person guilty of an offence under article 3(2) above shall be liable in the Bailiwick of Guernsey: 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 level 5 on the standard scale 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 paragraph 5(b) or (d) of the Schedule to this Order shall be liable in the Bailiwick of Guernsey: a on conviction on information to imprisonment for a term not exceeding two years or 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 level 5 on the standard scale 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 4(1) or (2) above shall be liable in the Bailiwick of Guernsey: 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 a fine not exceeding level 5 on the standard scale, 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 paragraph 5(a) or (c) of the Schedule to this Order shall be liable— a in the Bailiwick of Guernsey, on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both; b in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding six months or to a fine or to both. 5 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. 6 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 not later than 12 months from the date on which the person charged first enters that Bailiwick after committing the offence. 7 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. 8 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 8 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 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 the Schedule 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 and Economics Committee and Attorney General shall be construed accordingly. 2 Any written 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 which granted it. A. K. Galloway Clerk of the Privy Council