The Libya (Restrictive Measures) (Overseas Territories) Order 2011

EXPLANATORY NOTE

(This note is not part of the Order)

The Order introduces restrictive measures in respect of Libya as a result of the continuing serious violations of human rights and international humanitarian law in that country.

The Order is made under statutory and prerogative powers used to implement United Nations and autonomous European Union restrictive measures.

The measures in the Order include a prohibition on the supply or export of arms and related material and equipment that may be used for internal repression to Libya, and a prohibition on making available funds, financial assets or economic resources to designated persons and entities and the freezing of their funds, financial assets or economic resources.

Part 1 of this Order gives effect in the overseas territories listed in Schedule 1, which include Bermuda, to restrictive measures adopted by the United Nations pursuant to Security Council resolutions 1970 (2011) and 1973 (2011).

Part 2 of this Order gives effect in the overseas territories listed in Schedule 2, which do not include Bermuda, to autonomous European Union restrictive measures imposed by:

(i)Council Decision 2011/137/CFSP of 28th February 2011, implemented by Council Regulation (EU) No. 204/2011 adopted by the Council of the European Union on 2nd March 2011, which came into force on 3rd March 2011, the date of its publication;

(ii)Council Implementing Decision 2011/156/CFSP of 10th March 2011, implemented by Council Implementing Regulation (EU) No. 233/2011 adopted by the Council of the European Union on 10th March 2011, which came into force on 11th March 2011, the date of its publication.

(iii)Council Implementing Decision 2011/175/CFSP of 21st March 2011, implemented by Council Implementing Regulation (EU) No. 272/2011 adopted by the Council of the European Union on 21st March 2011, which came into force on 22nd March 2011, the date of its publication;

(iv)Council Decision 2011/178/CFSP of 23rd March 2011, implemented by Council Implementing Regulation (EU) No. 288/2011 adopted by the Council of the European Union on 23rd March 2011, which came into force on 24th March 2011, the date of its publication, and by Council Regulation (EU) No. 296/2011 adopted by the Council of the European Union on 25th March 2011, which came into force on 26th March 2011, the date of its publication.

The substantive provisions include the following:

In Part 1, which applies to territories listed in Schedule 1 to this Order, article 3 requires the Governor of each territory to maintain a list of designated persons (those listed in Annexes II to the Security Council resolutions 1970 (2011) and 1973 (2011) or designated under those resolutions as subject to the asset freeze), and to publish the list in the Gazette, as well as a list of restricted goods as necessary.

Article 4 makes it a criminal offence for any person to supply restricted goods without a licence.

Article 5 prohibits the exportation of restricted goods and make it a criminal offence to contravene this prohibition.

Article 6 prohibits the provision of assistance including technical or financial assistance, advice and training relating to restricted goods and makes it a criminal offence to contravene this prohibition.

Article 7 prohibits the use of ships, aircraft and vehicles to carry restricted goods to Libya and makes it a criminal offence to contravene this prohibition.

Article 8 prohibits the procurement of restricted goods from Libya, and makes it a criminal offence to contravene this prohibition.

Article 9 provides a licensing procedure to disapply prohibitions in relation to the arms embargo in respect of certain equipment and assistance necessary for humanitarian purposes or the protection of civilians.

Article 10 prohibits any dealing with funds, financial assets and economic resources of designated persons, and makes it a criminal offence to contravene this prohibition with certain exceptions listed in article 12.

Article 11 prohibits making funds, financial assets and economic resources available to designated persons, and makes it a criminal offence to contravene this prohibition with certain exceptions listed in article 12.

Article 13 makes it a criminal offence to circumvent a prohibition in articles 10 and 11 or to facilitate the commission of an offence relating to these prohibitions.

Article 14 gives the Governor power to direct that a person suspected of being a designated person who has a different name, be treated as if he or it were a designated person. It also creates an appeal process in respect of any such direction.

Article 15 provides a licensing procedure to enable, for humanitarian purposes, certain dealings or activities to be exempted from the asset freeze prohibitions, as well as certain contractual payments.

Article 16 provides for customs powers to demand evidence of destination of the goods and armed mercenary personnel and makes it an offence if the provisions are not complied with.

Article 17 requires those leaving the territory to provide a declaration as to goods, provides for powers of search and makes it an offence if provisions are not complied with or false information is provided.

Article 18 provides powers for searching ships suspected of being used in contravention of the provisions in the Order, prohibiting a voyage from proceeding and providing for seizing or destroying restricted goods and detaining the vessel.

Article 19 provides powers for searching aircraft suspected of being used in contravention of the provisions in the Order, prohibiting a flight from proceeding and providing for seizing or destroying restricted goods and detaining the aircraft.

Article 20 provides powers for searching vehicles suspected of being used in contravention of the provisions in the Order, prohibiting a journey from proceeding and providing for seizing or destroying restricted goods and detaining the vehicle.

Article 21 regulates the furnishing of information under articles 18 to 20 and establishes offences for non-compliance with them.

Article 22 establishes offences in connection with applications for licenses and conditions attaching to licences.

Article 23 provides that Schedule 6 (which contains further provisions about evidence and information) shall have effect in order to facilitate the obtaining, by or on behalf of the Governor of evidence or information in relation to compliance with the Order.

Article 24 provides for penalties for offences established by the Order.

Article 25 provides for various proceedings in the Territory to be instituted.

Article 26 provides for notices to be given by the Governor.

Article 27 gives the Governor power to delegate his or her functions and to make regulations concerning the amount of currency of the Territory equivalent to sums expressed in sterling in the Order.

Article 28 provides for the Order to cease to have effect if Security Council resolutions are postponed, suspended or cancelled in whole or part.

Article 29 provides for the disapplication of provisions in respect of acts if there is otherwise lawful authority and the act was done outside the territory.

Article 30 provides obligations for relevant institutions to disclose if they know or suspect a designated person is acting in breach of the Order.

In Part 2, which applies to territories listed in Schedule 2 to this Order, article 31 provides that the Governor shall keep a publicly available list of EU listed persons.

Article 32 provides that the provisions in Part 1 shall apply to territories listed in Schedule 2 to this Order in respect of EU listed persons with a modification in respect of the asset freeze and with the exception of article 28.

Article 33 provides for the Order to cease to have effect, to the extent required, if the relevant Council Regulation is postponed, suspended or terminated in whole or in part.

Schedule 3 reflects articles 24 and 25 regarding penalties and court procedures for the Sovereign Base Areas.

Schedule 4 reflects article 24 regarding penalties for the Falkland Islands and South Georgia and the South Sandwich Islands.

Schedule 5 reflects article 24 regarding penalties for St Helena, Ascension and Tristan da Cunha.

Schedule 6 reflects provisions regarding evidence and information currently used in similar sanctions Orders.