The Somalia (United Nations Sanctions) (Overseas Territories) Order 2002

RESTRICTED GOODS, TECHNICAL ASSISTANCE AND TRAINING

Supply of restricted goods

3.—(1) Any person who, except under the authority of a licence granted by the Governor under this article or article 4—

(a)supplies or delivers;

(b)agrees to supply or deliver; or

(c)does any act calculated to promote the supply or delivery of,

restricted goods to any person in Somalia 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 goods in question were to be supplied or delivered to a person in Somalia.

(2) Nothing in paragraph (1)(b) or (c) shall apply where the supply or delivery of the goods to the person concerned is authorised by a licence granted by the Governor under this article.

Exportation of restricted goods to Somalia

4.  Any person who, except under the authority of a licence granted by the Governor under this article, knowingly exports any restricted goods from the Territory to any destination in Somalia or to any destination for the purpose of delivery, directly or indirectly, to or to the order of any person in Somalia, shall be guilty of an offence under this Order.

Provision of technical advice, assistance or training relating to military activities

5.  Any person who, except under the authority of a licence granted by the Governor under this article, directly or indirectly provides to any person in Somalia any—

(a)technical advice;

(b)financial or other assistance; or

(c)training,

related to military activities 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 technical advice, financial or other assistance, or training in question was to be provided to a person in Somalia.

Use of ships, aircraft and vehicles: restricted goods

6.—(1) Without prejudice to the generality of article 3, and except under the authority of a 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 restricted goods if the carriage is, or forms part of, carriage from any place outside Somalia 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 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

(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) 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), 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 Somalia to any destination therein.

(4) Nothing in paragraph (1) shall apply where the supply or delivery or exportation from the Territory of the goods concerned to Somalia was authorised by a licence granted by the Governor under article 3 or 4.

(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.

Customs powers to demand evidence of destination which goods reach

7.  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.