The Serbia and Montenegro (United Nations Sanctions) (Dependent Territories) Order 1992

Application of Articles 3, 5, 7, 8, 9 and 10

11.—(1) The provisions of articles 3, 5(2) and (3), 7, 8, 9 and 10 of this Order shall apply to any person within the Territory 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 Territory; or

(b) is a body incorporated or constituted under the law of any part of the Territory.

(2) Subject to the provisions of paragraphs (3) to (8) of this article, any person specified in paragraph (1) of this article who contravenes the provisions of articles 3, 5(2) or (3), 7, 8, 9 or 10 of this Order shall be guilty of an offence under this Order.

(3) In the case of proceedings for an offence in contravention of article 3 of this Order it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the goods in question were to be supplied or delivered to or to the order of a person connected with Serbia or Montenegro.

(4) In the case of proceedings for an offence in contravention of article 5(3) of this Order, it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the goods in question were exported from Serbia or Montenegro or were exported therefrom after 30 May 1992, as the case may be.

(5) In the case of proceedings for an offence in contravention of article 7 of this Order, it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the aircraft was an aircraft of Serbia or Montenegro or that the component was part of such an aircraft.

(6) In the case of proceedings for an offence in contravention of article 8 of this Order, it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the aircraft was an aircraft of Serbia or Montenegro or that the machinery, tackle, furniture or equipment was part of such an aircraft.

(7) In the case of proceedings for an offence in contravention of article 9(1)(a) of this Order, it shall be a defence for the accused person to prove that—

(a) he did not know and had no reason to suppose that payment was made to or to the order of a person connected with Serbia or Montenegro; or

(b) (i) he did not know and had no reason to suppose that the bond was given in respect of a contract the performance of which was unlawful by virtue of this Order; and

(ii) he made all reasonable enquiries to ascertain whether the bond was given in respect of such a contract.

(8) In the case of proceedings for an offence in contravention of article 9(1)(b) of this Order, it shall be a defence for the accused person to prove that—

(a) he did not know and had no reason to suppose that payment under the bond was or would be to or to the order of a person connected with Serbia or Montenegro; or

(b) (i) he did not know and had no reason to suppose that the bond was given in respect of a contract the performance of which was unlawful by virtue of this Order; and

(ii) he made all reasonable enquiries to ascertain whether the bond was given in respect of such a contract:

Provided that sub-paragraph (b) shall not apply where the accused person is a party to the contract in respect of which the bond was given.