United Nations Citation, commencement and extent 1 1 This Order may be cited as the Iraq (United Nations Sanctions) (Overseas Territories) (Amendment) Order 2012. 2 It comes into force on 5th December 2012. 3 It extends to the territories listed in Schedule 1. 4 Schedules 6 and 7 also extend to Bermuda and Gibraltar. Application of the Order 2 1 This Order applies to— a any person in the Territory, b any person elsewhere who is— i a British citizen, a British overseas 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 ii a body incorporated or constituted under the law of any part of the Territory. 2 Article 18 applies to— a the Sovereign Base Areas of Akrotiri and Dhekelia as set out in Schedule 2, b the Falkland Islands and South Georgia and the South Sandwich Islands subject to the modification set out in Schedule 3, and c St Helena, Ascension and Tristan da Cunha as set out in Schedule 4. 3 Article 19 applies to the Sovereign Base Areas of Akrotiri and Dhekelia as set out in Schedule 2. 4 In the application of this Order to any territory listed in Schedule 1, the expression “the Territory” in this Order means that Territory. Interpretation 3 1 In this Order, unless otherwise provided— “designated person” means any person, entity or body listed by the Sanctions Committee; “document” includes information recorded in any form, and in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form; “economic resources” means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but may be used to obtain funds, goods or services; “funds” means financial assets and benefits of every kind, including (but not limited to)— cash, cheques, claims on money, drafts, money orders and other payment instruments, deposits with relevant institutions or other entities, balances on accounts, debts and debt obligations, publicly and privately traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts, interest, dividends or other income on or value accruing from or generated by assets, credit, rights of set-off, guarantees, performance bonds or other financial commitments, letters of credit, bills of lading, bills of sale, documents providing evidence of an interest in funds or financial resources, or any other instrument of export financing; “frozen account” means an account with a relevant institution which is held or controlled (directly or indirectly) by a designated person; “Governor” means the Governor or other officer administering the Government of the Territory; “person” means any natural or legal person, entity or body; “relevant institution” means— any person who may lawfully accept deposits in or from within the Territory by way of business; or, any society established lawfully in the Territory whose principal purpose is the making of loans secured on residential property where such loans are funded substantially by its members; “Sanctions Committee” means the Committee of the Security Council of the United Nations established pursuant to paragraph 1 of United Nations Security Council resolution 1518 (2003). “the Territory” has the meaning given in article 2(4). 2 For the purpose of the definition of “relevant institution” in paragraph (1)— a the activity of accepting deposits has the meaning given in any relevant order made under section 22 of the Financial Services and Markets Act 2000 , and b a person is not regarded as accepting deposits by way of business if— i the person does not hold himself or herself out as accepting deposits on a day to day basis, and ii any deposits which the person accepts are accepted only on particular occasions, whether or not involving the issue of any securities. 3 In determining for the purposes of paragraph (2)(b) whether deposits are accepted only on particular occasions, regard is to be had to the frequency of those occasions and to any characteristics distinguishing them from each other. 4 A reference in this Order to any enactment or statutory instrument is to be construed as a reference to that enactment or instrument as amended from time to time. Freezing funds etc. Dealing with funds and economic resources 4 1 It is an offence for a person (“P”), including the designated person, to deal with funds or economic resources belonging to, or owned, held or controlled by, a designated person if P knows, or has reasonable cause to suspect, that P is dealing with such funds or economic resources. 2 In paragraph (1), “deal with” means— a in relation to funds— i use, alter, move, allow access to or transfer, ii deal with the funds in any other way that would result in a change in volume, amount, location, ownership, possession, character or destination, or iii make any other change that would enable use, including portfolio management, and b in relation to economic resources, use to obtain funds, goods or services in any way, including by selling, hiring or mortgaging the resources. 3 This article is subject to articles 9 and 11. Making funds available to a designated person 5 1 It is an offence for a person (“P”) to make funds available (directly or indirectly) to a designated person if P knows, or has reasonable cause to suspect, that P is making the funds so available. 2 This article is subject to articles 9 and 11. Making funds available for the benefit of a designated person 6 1 It is an offence for a person (“P”) to make funds available (directly or indirectly) to any person for the benefit of a designated person if P knows, or has reasonable cause to suspect, that P is making the funds so available. 2 For the purposes of paragraph (1)— a funds are made available for the benefit of a designated person only if that person obtains, or is able to obtain, a significant financial benefit from the funds, and b “financial benefit” includes the discharge of a financial obligation for which the designated person is wholly or partly responsible. 3 This article is subject to articles 5, 9 and 11. Making economic resources available to a designated person 7 1 It is an offence for a person (“P”) to make economic resources available (directly or indirectly) to a designated person if P knows, or has reasonable cause to suspect— a that P is making the economic resources so available, and b that the designated person would be likely to exchange them, or use them in exchange, for funds, goods or services. 2 This article is subject to article 11. Making economic resources available for the benefit of a designated person 8 1 It is an offence for a person (“P”) to make economic resources available (directly or indirectly) to any person for the benefit of a designated person if P knows, or has reasonable cause to suspect, that P is making the economic resources so available. 2 For the purposes of paragraph (1)— a economic resources are made available for the benefit of a designated person only if that person obtains, or is able to obtain, a significant financial benefit from the economic resources, and b “financial benefit” includes the discharge of a financial obligation for which the designated person is wholly or partly responsible. 3 This article is subject to article 11. Credits to a frozen account 9 1 Nothing in articles 4, 5 and 6 prevents a person from crediting a frozen account with— a interest or other earnings due on the account, or b payments due under contracts, agreements or obligations that were concluded or arose before the account became a frozen account. 2 Nothing in articles 4, 5 and 6 prevents a relevant institution from crediting a frozen account where it receives funds transferred to the account. Liability 10 No liability arises for any person concerned in the freezing of funds or economic resources in accordance with article 4 to 8 unless it is proved that the funds or economic resources were frozen or withheld as a result of negligence. Licences Licences granted by the Governor 11 1 The Governor may, with the consent of the Secretary of State, grant a licence authorising an activity that would otherwise be prohibited under articles 4 to 8. 2 A person is not guilty of an offence under articles 4 to 8 in respect of anything done by the person under the authority of a licence granted by the Governor. 3 A licence may relate, in particular, to satisfaction of a judicial, administrative or arbitral lien or judgment entered into prior to the date on which this Order comes into force and not for the benefit of a designated person. 4 A licence must specify the acts authorised by it and may be— a general or granted to a category of persons or to a particular person, b subject to conditions, and c of indefinite duration or subject to an expiry date. 5 The Governor may, with the consent of the Secretary of State, vary or revoke a licence at any time. 6 On the grant, variation or revocation of a licence, the Governor must— a in the case of a licence granted to a particular person, give written notice of the grant, variation or revocation to that person, and b in the case of a general licence or a licence granted to a category of persons, take such steps as the Governor considers appropriate to publicise the grant, variation or revocation of the licence. 7 It is an offence for a person to knowingly or recklessly make any statement or give any document or information which is false in a material particular for the purpose of obtaining a licence. 8 Failing to comply with any condition in the licence is acting in a way that is not authorised by the licence unless— a the licence was modified after the completion of the act authorised by the licence, and b the alleged failure to comply with a condition in the licence would not have been a failure if the licence had not been so modified. 9 A licence granted in connection with the application for which the false statement was made or the false document or information given is void from the time it was granted. Licences granted outside the Territory 12 1 A person is not guilty of an offence under articles 4 to 8 in respect of anything done by the person— a outside the Territory, and b under the authority of a licence granted in accordance with any provisions of the law in force in the place where it is done corresponding to the provisions of this Order. Notices 13 1 This article has effect in relation to any notice to be given to a person by the Governor under article 11(6) 2 The notice may be given— a by posting it to the person’s last known address, or b where the person is a body corporate, partnership or unincorporated body other than a partnership, by posting it to the registered or principal office in the Territory of the body or partnership. 3 Where the Governor does not have an address in the Territory for the person, the Governor must make arrangements for the notice to be given to the person at the first available opportunity. Circumvention of articles 4 to 8 14 It is an offence for a person to intentionally participate in an activity, knowing that the object or effect of the activity is (directly or indirectly)— a to circumvent any of the prohibitions in articles 4 to 8, or b to enable or facilitate the contravention of any such prohibition. General Functions of the Governor 15 1 The Governor may, to such extent and subject to such restrictions and conditions as the Governor thinks proper, delegate or authorise the delegation of any of the Governor’s functions under this Order to any person, or class or description of persons. 2 References in this Order to the Governor are to be construed accordingly. 3 The Governor may by regulations specify in the currency of the Territory the amount which is to be taken as equivalent to sums expressed in sterling in this Order. Requirement to publish list of designated persons 16 1 The Governor must— a publish a list of designated persons, and b keep the list up to date 2 The Governor may publish a list under paragraph (1) in any form the Governor considers appropriate, including by means of a website. Evidence and information 17 Schedule 5 (which contains further provisions about obtaining evidence and information) has effect. Penalties 18 1 A person guilty of an offence under articles 4 to 8 or 14 is 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 A person guilty of an offence under article 11(7) or paragraph 2(4) or paragraph 5(b), (c) or (d) of Schedule 5 is 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 A person guilty of an offence under paragraph 5(a) or paragraph 7 of Schedule 5 is 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. 4 If an offence under this Order committed by a body corporate is shown— a to have been committed with the consent or connivance of an officer of the body corporate, or b to be attributable to any neglect on the part of an officer of the body corporate, the officer as well as the body corporate is guilty of an offence and is liable to be proceeded against and punished accordingly. Proceedings 19 1 Proceedings against a person for an offence may be taken before the appropriate court in the Territory having jurisdiction in the place where that person is for the time being. 2 Summary proceedings for an offence alleged to have been committed outside the Territory may be instituted within the period of 12 months beginning with the date on which the person charged first enters the Territory after committing the offence. 3 Proceedings for an offence must not be instituted in the Territory except with the consent of the principal public officer of the Territory responsible for criminal prosecutions. 4 Nothing in paragraph (3) prevents— a the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of an offence, or b the remand in custody or on bail of any person charged with an offence. 5 A reference in this article to an offence is to an offence under this Order. Revocation 20 The provisions specified in Schedule 6 are revoked to the extent specified. Amendment 21 The Iraq (United Nations Sanctions) (Overseas Territories) Order 2003 is amended as set out in Schedule 7. Richard Tilbrook Clerk of the Privy Council