The Al-Qa'ida and Taliban (United Nations Measures) (Channel Islands) Order 2002

GENERAL

Customs powers to demand evidence of destination which goods reach

11.  Any exporter or any shipper of goods which have been exported from Guernsey or, as the case may be, Jersey shall, if so required by the Chief Revenue Officer or a States Revenue Officer, furnish within such time as he may allow proof to his satisfaction that the goods have reached 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 application for licences; conditions attaching to licences, etc.

12.—(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 licensing authority under this Order and who fails to comply with any conditions 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 this consent, by the licensing authority after the doing of the act authorised by the licence.

Declaration as to goods: powers of search

13.—(1) Any person who is about to leave Guernsey or, as the case may be, Jersey shall, if he is required to do so by the Chief Revenue Officer or a States Revenue Officer—

(a)declare whether or not he has with him any restricted goods which are destined for a listed person or for delivery, directly or indirectly, to or the order of any listed person; and

(b)produce any such goods as aforesaid which he has with him.

(2) Any such officer, and any person acting under his direction, 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.

(3) Any person who without reasonable excuse refuses to make a declaration, or 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.

(4) Any person who under the provisions of this article makes a declaration that to his knowledge is false in a material particular or recklessly makes any declaration that is false in a material particular shall be guilty of an offence.

Investigation, etc. of suspected ships

14.—(1) Where any authorised officer has reason to suspect that any ship to which article 6 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 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 article 6(1), 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 preventing 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 Guernsey or, as the case may be, Jersey, 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 17(3), 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 Chief Revenue Officer or a States Revenue Officer or—

(a)in the case of Guernsey any officer as is referred to in section 284(1) of the Merchant Shipping Act 1995(1) as extended to Guernsey by the Merchant Shipping (Oil Pollution and General Provisions) (Guernsey) Order 1998(2); and

(b)in the case of Jersey, the Harbour Master or an officer appointed to deputise for him.

Investigation, etc. of suspected aircraft

15.—(1) Where any authorised officer or authorised person has reason to suspect that any aircraft to which article 6 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 Guernsey or, as the case may be, Jersey any authorised officer or 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, operator and the commander or any of them to cause the aircraft and any of its cargo to remain in Guernsey, or as the case may be, Jersey until notified that the aircraft and its cargo may depart.

(2) Without prejudice to the provisions of article 17(3), where an authorised officer or 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 officer” means any States Revenue Officer and, in respect of Jersey, the Airport Director; and

“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

16.—(1) Where any authorised officer or authorised person has reason to suspect that any vehicle in Guernsey or, as the case may be, Jersey has been or is being or is about to be used in contravention of article 6—

(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 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 officer or 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 Guernsey or, as the case may be, Jersey until notified that the vehicle may depart.

(2) Without prejudice to the provisions of article 17(3), where any authorised officer or 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 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 this authority.

(4) In this article—

“authorised officer” means any States Revenue Officer, and

“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 14 to 16

17.—(1) No information furnished or document produced by any person in pursuance of a request made under article 14, 15 or 16 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 the possession of that document in his own right;

(b)to any person who would have been empowered under article 14, 15 or 16 to request that it be furnished or produced to any person holding or acting in any office under or in the service of—

(i)the Crown in respect of the Government of the United Kingdom;

(ii)the government of the Isle of Man;

(iii)the States of Guernsey or Alderney or the Chief Pleas of Sark;

(iv)the States of Jersey; or

(v)the government of any territory listed in Schedule 1 to this Order;

(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 the listed persons or any person acting on behalf of a listed person 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—

(i)in the Bailiwick in question, 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

(ii)for any offence under any law making provision with respect to such matters that is in force in the other Bailiwick to which this Order applies, the United Kingdom, the Isle of Man or any territory listed in Schedule 1 to this Order.

(2)Any power conferred by article 14, 15 or 16 to request the furnishing of information or the production of a document or of cargo 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—

(a)a master of a ship who disobeys any direction given under article 14(2)(a);

(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 14, 15 or 16 by any person empowered to make it, or

(ii)furnishes any document or information which to his knowledge is false in a material particular or recklessly furnishes any document or information which is false in a material particular to such a person in response to such a request;

(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 any such person) in the exercise of his powers under article 14, 15 or 16.

(4) Nothing in articles 14 to 17 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

18.  The provisions of Schedule 2 to this Order shall have effect in order to facilitate the obtaining, by or on behalf of the Attorney General, the licensing authority or, in the case of Guernsey the Chief Revenue Officer or, in the case of Jersey, a States Revenue Officer—

(a)of evidence or information for the purpose of securing compliance with or detecting evasion of—

(i)this Order in the Bailiwick in question; or

(ii)any law making provision with respect to any of the matters regulated by this Order that is in force in the other Bailiwick to which this Order applies, the United Kingdom, the Isle of Man or any territory listed in Schedule 1 to this Order; and

(b)of evidence of the commission of—

(i)in the Bailiwick in question, an offence under this Order or, with respect to any of the matters regulated by this Order, an offence relating to customs; or

(ii)with respect to any of those matters, an offence under the law of the other Bailiwick to which this Order applies, the United Kingdom, the Isle of Man or any territory listed in Schedule 1 to this Order.

Investigations by a States Revenue Officer or Chief Revenue Officer

19.  Where in the case of Guernsey the Chief Revenue Officer, or in the case of Jersey, a States Revenue 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 (in relation to Jersey) and of section 1(1) of the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972 (as amended) (in relation to Guernsey).

Penalties and Proceedings

20.—(1) Any person guilty of an offence under article 3, 5, 6(3), 7, 8(9) or 9 shall be liable in 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 the statutory maximum or to both;

and in 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 17(3)(b)(ii) or paragraph 5(b) or (d) or Schedule 2 to this Order shall be liable in 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 imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both;

and in 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 12(1) or (2) or article 13(4) shall be liable in 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 the statutory maximum;

and in 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 17(3)(a), (b)(i) or (c), or paragraph 5(a) or (c) of Schedule 2 shall be liable—

(a)in Guernsey on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both; and

(b)in Jersey, on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 4 on the standard scale, or to both.

(5) Any person guilty of an offence under article 8(10) or 10 shall be liable—

(a)in Guernsey on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both; and

(b)in Jersey, on conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding level 4 on the standard scale, or to both.

(6) Any person guilty of an offence under article 11 or 13(3) shall be liable—

(a)in Guernsey on summary conviction to a fine not exceeding level 5 on the standard scale; and

(b)in Jersey, on conviction to a fine not exceeding level 4 on the standard scale.

(7) 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.

(8) Proceedings against any person for an offence under this Order in its application to 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 shall be instituted except by or with the consent of the Attorney General:

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 licensing authority

21.—(1) The licensing authority 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 to any person, or class or description of persons whom it has approved, and references in this Order to the licensing authority shall be construed accordingly.

(2) Any licences granted under this Order shall be in writing and 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 licensing authority.

Publication of matters designated by the Sanctions Committee

22.  The particulars of any designation by the Sanctions Committee referred to in this Order shall be published by the Secretary of State or Her Majesty’s Treasury in the London, Edinburgh and Belfast Gazettes.