The Syria (Restrictive Measures) (Overseas Territories) Order 2012

Article 1(2)

SCHEDULE 1Territories to which this Order extends

• Anguilla

• British Antarctic Territory

• British Indian Ocean Territory

• Cayman Islands

• Falkland Islands

• Montserrat

• Pitcairn, Henderson, Ducie and Oeno Islands

• St Helena, Ascension Island and Tristan da Cunha

• South Georgia and the South Sandwich Islands

• The Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus

• Turks and Caicos Islands

• Virgin Islands

Article 43

SCHEDULE 2Application of Articles 43 and 44 to the Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus

1.  Any person guilty of an offence under article 4, 5, 6, 7, 9(1)(a) to (c), 10(1)(a), 12(1)(a), 13, 14(a), 15, 16(1)(a) or 18 is liable 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 9(1)(d) to (f), 10(1)(b) to (d), 11, 12(1)(b) or (c), 14(b) or (c), 16(1)(b), 17, 20(2)(b), 21(5)(c), 22(4)(b), 23(4)(b), 25, 26, 27, 28, 29, 32, 34, 36, 37, 38, 39, 40, 41 or paragraph 4(b) or (d) of Schedule 5 is liable 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 21(5)(a), (b) or (d), 22(4)(a) or (c), 23(4)(a) or (c) or 24 is liable on conviction to imprisonment for a term not exceeding three months, or to a fine not exceeding £5000 or its equivalent, or to both.

4.  Any person guilty of an offence under article 19(3), 20(2)(a) or 20(5) is liable on conviction to a fine not exceeding £5000 or its equivalent.

5.  Where a 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 an officer of the body corporate, the officer, as well as the body corporate, is guilty of that offence and is liable to be proceeded against and punished accordingly.

6.  Proceedings against any person for an offence under this Order may be taken before the appropriate court in the Territory having jurisdiction in the place where that person is for the time being.

7.  No proceedings for an offence under this Order are to be instituted in the Territory except by or with the consent of the Attorney General and Legal Adviser.

8.  Irrespective of whether consent under paragraph 7 has been obtained, paragraph 7 does not prevent—

(a)the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence; or

(b)the remand in custody or on bail of any person charged with such an offence.

Article 43

SCHEDULE 3Application of Article 43 to the Falkland Islands and to South Georgia and the South Sandwich Islands

When the Magistrate’s Court is sentencing a person following a summary conviction for an offence under this Order, as an alternative to the penalties applicable under article 43 to the relevant offence upon summary conviction, any penalties which would be applicable under article 43 upon conviction on indictment for that offence are available to the Magistrate’s Court.

Article 43

SCHEDULE 4Application of Article 43 to St Helena, Ascension and Tristan da Cunha

1.  A person guilty of an offence under article 4, 5, 6, 7, 9(1)(a) to (c), 10(1)(a), 12(1)(a), 13, 14(a), 15, 16(1)(a) or 18 is liable on conviction to imprisonment for a term not exceeding seven years or to a fine or to both.

2.  A person guilty of an offence under article 9(1)(d) to (f), 10(1)(b) to (d), 11, 12(1)(b) or (c), 14(b) or (c), 16(1)(b), 17, 20(2)(b), 21(5)(c), 22(4)(b), 23(4)(b), 25, 26, 27, 28, 29, 32, 34, 36, 37, 38, 39, 40, 41 or paragraph 4(b) or (d) of Schedule 5 is liable on conviction to imprisonment for a term not exceeding two years or to a fine or to both.

3.  A person guilty of an offence under article 21(5)(a), (b) or (d), 22(4)(a) or (c), 23(4)(a) or (c) or 24 shall be liable on conviction to imprisonment for a term not exceeding three months or to a fine not exceeding £5,000 or to both.

4.  A person guilty of an offence under article 19(3), 20(2)(a) or 20(5) shall be liable on conviction to a fine not exceeding £5,000.

5.  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 the offence and is liable to be proceeded against and punished accordingly.

Article 42

SCHEDULE 5Evidence and Information

1.—(1) The Governor may request any person in or resident in the Territory to provide any information or to produce any document in the person’s possession or control which the Governor may require for the purpose of—

(a)securing compliance with or detecting evasion of this Order;

(b)obtaining evidence of the commission of an offence under this Order;

(c)establishing the nature and amount or quantity of any funds or economic resources owned, held or controlled by a designated person; or

(d)establishing the nature of any financial transactions entered into by any such person.

(2) This includes power to—

(a)take copies of or extracts from any document so produced;

(b)request any person producing a document to give an explanation of it; and

(c)where that person is a body corporate, request any person who is a present or past officer of, or employee of, the body corporate to give such an explanation.

(3) Any person to whom a request is made must comply with it within such time and in such manner as may be specified in the request.

(4) Nothing in this paragraph is to be taken to require any person who has acted as counsel or solicitor for any person to disclose any privileged information or document in the person’s possession in that capacity.

2.  A person commits an offence 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;

(b)knowingly or recklessly gives any information, or produces any document, which is false in a material particular in response to such a request;

(c)with intent to evade the provisions of this Schedule, destroys, mutilates, defaces, conceals or removes any document; or

(d)otherwise intentionally obstructs the Governor in the exercise of the Governor’s powers under this Schedule.

3.  Where a person is convicted of an offence under paragraph 4(a), the court may make an order requiring the person, within such period as may be specified in the Order, to give the requested information or to produce the requested document.

4.—(1) The Governor may only disclose any information given or document produced under this Schedule (including any copy or extract made of any such document)—

(a)to any person holding or acting in any office under or in the service of—

(i)the Crown in right 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 British overseas territory;

(b)with a view to instituting, or otherwise for the purposes of, any proceedings—

(i)in the Territory, for an offence under this Order, or

(ii)in the United Kingdom, any of the Channel Islands, the Isle of Man or any British overseas territory, for an offence under a similar provision in any such jurisdiction;

(c)to the Financial Services Authority of the United Kingdom or to the relevant authority with responsibility in any other country or territory for regulating and supervising financial services business;

(d)to any third party, with the consent of a person who, in the person’s own right, is entitled to the information or to possession of the document, copy or extract;

(2) In sub-paragraph (1)(d) “in the person’s own right” means not merely in the person’s capacity as a servant or agent of another person.

5.  An action done under this Schedule is not to be treated as a breach of any restriction imposed by statute or otherwise.