Citation, commencement, operation and extent

1.—(1) This Order may be cited as the Former Yugoslavia (United Nations Sanctions) (Isle of Man) Order 1994 and shall come into force on 19th October 1994.

(2) If, after the making of this Order, the Security Council of the United Nations takes a decision which has the effect of cancelling or suspending in whole or in part the operation of the resolutions adopted by it on 17th April 1993 and 23rd September 1994, this Order shall cease to have effect or its operation shall be suspended, 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.

(3) This Order shall extend, as part of the law therein, to the Isle of Man 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—

“Bosnian Serb controlled areas” means those areas of the Republic of Bosnia and Herzegovina under the control of Bosnian Serb forces;

“export” includes shipment as stores;

“exportation”, in relation to any vessel, submersible vehicle or aircraft, includes the taking out of the Isle of Man 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;

“officer of Customs and Excise” means an officer authorised as such under the Customs and Excise Management Act 1986 (an Act of Tynwald);

“property” includes funds, financial, tangible and intangible assets, property rights and public and privately traded securities and debt instruments, and any other financial and economic resources;

“ship” has the meaning it bears in section 742 of the Merchant Shipping Act 1894(2);

“shipment”(and cognate expressions) and “stores” shall have the meaning they bear in the Customs and Excise Management Act 1986 (of Tynwald);

“the Treasury” means the Isle of Man Treasury, a department of the government of the Isle of Man;

“vehicle” means land transport vehicle.

(2) Any reference to a provision of an Act of Parliament or of an enactment made under an Act of Parliament shall, in the case of a provision which has been extended to the Isle of Man, be construed as a reference to that provision as it has effect there and, in the case of a provision which has not been so extended, be construed as a reference to that provision as it has effect in the United Kingdom.

Exportation of goods to Bosnian Serb controlled areas and areas of Croatia

3.  Except under the authority of a licence granted under this article by the Treasury, or granted by the Treasury under the Export of Goods (Control) (Croatian and Bosnian Territories) Order 1993(3), all goods are prohibited to be exported from the Isle of Man to any destination in the Bosnian Serb controlled areas or the United Nations Protected Areas of the Republic of Croatia.

Prohibition on economic activities

4.—(1) Except under the authority of a licence granted under this article by the Treasury, no person connected with the Bosnian Serb controlled areas shall carry on any economic activities in the Isle of Man.

(2) For the purposes of this article:

(a)“economic activities” includes

(i)all activities of an economic nature including commercial, financial and industrial activities and transactions, in particular all activities of an economic nature involving the use of or dealing in, with or in connection with property or interests in property;

(ii)the exercise of rights relating to property or interests in property;

(iii)the establishment of any new body or change in management of an existing body;

(b)“person connected with the Bosnian Serb controlled areas” means any of the following persons:

(i)any body, wherever incorporated or constituted, which is owned or controlled, directly or indirectly, by the following persons:

(aa)any person in, or resident in, the Bosnian Serb controlled areas; or

(bb)any body in the Bosnian Serb controlled areas; or

(ii)any person or body acting on behalf of a body in the Bosnian Serb controlled areas or a body described in sub-paragraph (i).

Prohibition of the provision of services

5.—(1) Except under the authority of a licence granted under this article by the Treasury, no person mentioned in article 8 shall provide any services to any person or body for the purposes of any business carried on in the Bosnian Serb controlled areas.

(2) For the purposes of this article “services” shall not include telecommunications services or postal services.

Assets of persons connected with Bosnian Serb controlled areas

6.—(1) Except with permission granted by the Treasury, no person mentioned in article 8 shall—

(a)make payment, or part with any gold, securities or investments; or

(b)make any change in the persons to whose credit any sum is to stand or to whose order any gold, securities or investments are to be held,

where any such action is action to which this article applies.

(2) This article applies to any action which is likely to make available to or for the benefit of any person connected with the Bosnian Serb controlled areas any funds or any other financial assets or resources, whether by their removal from the Isle of Man or otherwise, or otherwise to result in the remittance or transfer of funds or other such assets or resources to or for the benefit of any person connected with the Bosnian Serb controlled areas.

(3) Any permission granted by or on behalf of the Treasury under this article may be granted either absolutely or subject to conditions and may be varied or revoked at any time by the Treasury.

(4) In this article:

(a)“gold”, “payment” and “securities” shall have the meanings they bear in section 2 of the Emergency Laws (Re-enactments and Repeals) Act 1964(4);

(b)“investments” means any asset, right or interest falling within any paragraph of Part I of Schedule 1 to the Financial Services Act 1986(5)which is not a security;

(c)“person connected with the Bosnian Serb controlled areas” means any of the following persons:

(i)any body in the Bosnian Serb controlled areas; or

(ii)any body, wherever incorporated or constituted, which is owned or controlled, directly or indirectly, by the following persons:

(aa)any person in, or resident in, the Bosnian Serb controlled areas; or

(bb)any body in the Bosnian Serb controlled areas; or

(iii)any person or body acting on behalf of a body described in sub-paragraph (i) or (ii).

Exception

7.  Nothing in this Order, in the Serbia and Montenegro (United Nations Sanctions) Order 1992(6)or the Serbia and Montenegro (United Nations Sanctions) (Isle of Man) Order 1993(7)shall prohibit any activities in connection with the United Nations Protection Force (UNPROFOR), the International Conference on the Former Yugoslavia or the European Community Monitoring Mission.

Provision relating to articles 4, 5 and 6

8.—(1) The provisions of articles 5 and 6 shall apply to any person within the Isle of Man and to any person elsewhere who:

(a)is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject, or a British protected person and is ordinarily resident in the Isle of Man; or

(b)is a body incorporated or constituted under the law of the Isle of Man.

(2) Subject to the provisions of paragraphs (3) and (4) below, any person specified in paragraph (1) above who contravenes the provisions of articles 5(1) or 6(1), and any person who contravenes the provisions of article 4(1), shall be guilty of an offence.

(3) In the case of proceedings for an offence in contravention of article 4(1) by a person or body acting on behalf of a body in the Bosnian Serb controlled areas or any of the bodies described in article 4(2)(b)(i), it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that he was so acting.

(4) In the case of proceedings for an offence in contravention of article 5(1), it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the services in question were to be provided for the purposes of any business carried on in the Bosnian Serb controlled areas.

Customs powers to demand evidence of destination which goods reach

9.  Any exporter or any shipper or goods which have been exported from the Isle of Man, shall, if so required by the Treasury, furnish within such time as it may allow proof to its satisfaction that the goods have reached either—

(i)a destination to which they were authorised to be exported by a licence granted under this Order or under the Export of Goods (Control) (Croatian and Bosnian Territories) Order 1993(8); or

(ii)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 licence, conditions attaching to licences, etc.

10.—(1) If for the purposes of obtaining any licence or permission 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 or permission granted under this Order and who fails to comply with any condition attaching to that licence or permission 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 Treasury after the doing of the act authorised by the licence or permission.

Declaration as to goods: powers of search

11.—(1) Any person who is about to leave the Isle of Man shall, if he is required to do so by an officer of Customs and Excise—

(a)declare whether or not he has with him any goods destined for the Bosnian Serb controlled areas or the United Nations Protected Areas in the Republic of Croatia; 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.

(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.

Obtaining of evidence and information

12.  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 an enactment relating to customs.

Penalties and proceedings

13.—(1) Any person guilty of an offence under article 8(2) by contravening the provisions of article 5(1) or article 6(1) shall be liable—

(a)on conviction on information to imprisonment for a term not exceeding seven years or to a fine or to both;

(b)on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum 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—

(a)on conviction on information to imprisonment for a term not exceeding two years or to a fine or to both;

(b)on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.

(3) Any person guilty of an offence under article 8(2) by contravening the provisions of article 4(1) or under 10(1) or (2) or article 11(3) shall be liable—

(a)on conviction on information 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 the statutory maximum.

(4) Any person guilty of an offence under paragraph 5(a) or (c) of the Schedule to this Order shall be liable 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.

(5) Any person guilty of an offence under article 9 or article 11(2) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(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) Notwithstanding anything in section 75(1) of the Summary Jurisdiction Act 1989 (an Act of Tynwald), a complaint relating to an offence under this Order may be heard if it is made at any time within three years after the commission of the offence and within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to his knowledge.

(8) For the purposes of this article—

(a)a certificate signed by or on behalf of the prosecutor as to the date on which such evidence as is referred to in paragraph (7) above came to his knowledge shall be conclusive evidence of that fact; and

(b)a certificate purporting to be so signed shall be presumed to be so signed unless the contrary is proved.

(9) Proceedings against any person for an offence under this Order may be taken before the appropriate court having jurisdiction in the Isle of Man.

(10) No proceedings for an offence under this Order, other than for a summary offence, shall be instituted except by the Treasury or by or with the consent of the Attorney General for the Isle of Man:

Provided that this paragraph shall not prevent 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

14.—(1) The Treasury may, to such extent and subject to such restrictions and conditions as it thinks proper, delegate or authorise the delegation of any of 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 it, and references in this Order to the Treasury shall be construed accordingly.

(2) Any licence 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 it.

Miscellaneous

15.—(1) Any provision of this Order which prohibits the doing of a thing except under the authority of any licence or with any permission shall not have effect in relation to any such thing done anywhere than in the Isle of Man, provided that it is duly authorised.

(2) A thing is duly authorised for the purpose of paragraph (1) above if it is done under the authority of a licence or with permission 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.

Article 12

SCHEDULEEVIDENCE AND INFORMATION

1.—(1) Without prejudice to any other provision of this Order, or any provision of any other law, the Treasury may request any person in or resident in the Isle of Man to furnish to it any information in his possession or control, or to produce to it any document in his possession or control, which it may require for the purpose of securing compliance with or detecting evasion of this Order, and any person to whom such a request is made shall comply with it within such time and such manner as may be specified in the request.

(2) Nothing in sub-paragraph (1) above shall be taken to require any person who has acted as advocate for any person to disclose any privileged communication made to him in that capacity.

(3) Where a person is convicted of failing to furnish information or produce a document when requested to do so under this paragraph, the court may make an order requiring him, within such period as may be specified in the order, to furnish the information or produce the document.

(4) The power conferred by this paragraph to request any person to produce documents shall include power to take copies of or extracts from any document so produced and to request that person, or, where that person is a body corporate, any other person who is a present or past officer of, or is employed by, the body corporate, to provide an explanation of any of them.

2.—(1) If a justice of the peace is satisfied by information given on oath by any constable or officer of Customs and Excise or person authorised by the Treasury to act for the purposes of this paragraph either generally or in a particular case—

(a)that there is reasonable ground for suspecting that an offence under this Order or, with respect to any of the matters regulated by this Order, an offence under any enactment relating to customs has been or is being committed and that evidence of the commission of the offence is to be found on any premises specified in the information, or in any vehicle, ship or aircraft so specified; or

(b)that any documents which ought to have been produced under paragraph 1 of this Schedule and have not been produced are to be found on any such premises or in any such vehicle, ship or aircraft,

he may grant a search warrant authorising any constable or officer of Customs and Excise, together with any other persons named in the warrant and any other constables or officers of Customs and Excise, to enter the premises specified in the information or, as the case may be, any premises upon or at which the vehicle, ship or aircraft so specified may be, at any time within one month from the date of the warrant and to search the premises, or as the case may be, the vehicle, ship or aircraft.

(2) A person authorised by such a search warrant may search any person who is found in, or whom he has reasonable ground to believe to have recently left or to be about to enter, those premises or that vehicle, ship or aircraft; and he may seize any document or article found on the premises, or in the vehicle, ship or aircraft, or on such person, which he has reasonable ground to believe to be evidence of the commission of any such offence as aforesaid or any documents which he has reasonable ground to believe ought to have been produced under paragraph 1 of this Schedule or to take in relation to any such article or document any other steps which may appear necessary for preserving it and preventing interference with it:

Provided that no person shall in pursuance of any warrant issued under this paragraph be searched except by a person of the same sex.

(3) Where, by virtue of this paragraph, a person is empowered to enter any premises, vehicle, ship or aircraft he may use such force as is reasonably necessary for that purpose.

(4) Any document or article of which possession is taken under this paragraph may be retained for a period of three months or, if within that period there are commenced any proceedings for such an offence as aforesaid to which it is relevant, until the conclusion of those proceedings.

3.  Before or on exercising any power conferred by this Schedule, a person authorised by the Treasury shall, if requested to do so, produce evidence of his authority.

4.  No information furnished or document produced (including any copy of or extract made of any document produced) by any person in pursuance of a request made under this Schedule and no document seized under paragraph 2(2) of this Schedule shall be disclosed except—

(a)with the consent of the person by whom the information was furnished or the document was produced or the person from whom the document was seized:

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 the possession of that document in his own right; or

(b)to any person who would have been empowered under this Schedule 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

(c)on the authority of the Treasury, to any organ of the United Nations or to any person in the service of the United Nations or 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 the Bosnian Serb controlled areas or the United Nations Protected Areas of the Republic of Croatia 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.

5.  Any person who—

(a)without reasonable excuse, refuses or fails within the time and in the manner specified (or, if no time has been specified, within a reasonable time) to comply with any request made under this Schedule by any person who is empowered to make it; or

(b)wilfully furnishes false information or a false explanation to any person exercising his powers under this Schedule; or

(c)otherwise wilfully obstructs any person in this exercise of his powers under this Schedule; or

(d)with intent to evade the provisions of this Schedule, destroys, mutilates, defaces, secretes or removes any document,

shall be guilty of an offence.

Explanatory Note

(This note is not part of the Order)

This Order, made under the United Nations Act 1946 and applying only to the Isle of Man, imposes restrictions pursuant to a decision of the Security Council of the United Nations, in resolution 820 (1993) of 17th April 1993, on the export of goods to the Bosnian Serb controlled areas of the Republic of Bosnia and Herzegovina or the United Nations Protected Areas of the Republic of Croatia. It also imposes restrictions pursuant to a further Security Council decision, in resolution 942 (1994) of 23rd September 1994, on the carrying on of economic activities by persons connected with the Bosnian Serb controlled areas of the Republic of Bosnia and Herzegovina and the provision of services for businesses carried on in those areas. The Order also places restrictions on certain actions making available or otherwise transferring funds or other financial assets or resources to or for the benefit of persons connected with the Bosnian Serb controlled areas of the Republic of Bosnia and Herzegovina.