Statutory Instrument 1994 No. 2674

The Former Yugoslavia (United Nations Sanctions) (Dependent Territories) Order 1994

---

© Crown Copyright 1994

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Former Yugoslavia (United Nations Sanctions) (Dependent Territories) Order 1994, ISBN 0110456742. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1994 No. 2674

UNITED NATIONS

The Former Yugoslavia (United Nations Sanctions) (Dependent Territories) Order 1994

At the Court of Saint James, the 17th day of October 1994

Present,

The Counsellors of State in Council

Whereas Her Majesty in pursuance of the Regency Acts 1937 to 1953 was pleased, by Letters Patent dated the 11th day of August 1994, to delegate to the six Counsellors of State therein named or any two or more of them full power and authority during the period of Her Majesty's absence from the United Kingdom to summon and hold on Her Majesty's behalf Her Privy Council and to signify thereat Her Majesty's approval for anything for which Her Majesty's approval in Council is required:

And whereas under Article 41 of the Charter of the United Nations the Security Council of the United Nations has, by resolutions adopted on 17th April 1993 and 23rd September 1994, called upon Her Majesty's Government in the United Kingdom and all other States to apply certain measures to give effect to decisions of that Council in relation to the United Nations Protected Areas in the Republic of Croatia, those areas of the Republic of Bosnia and Herzegovina under the control of Bosnian Serb forces, and Serbia and Montenegro:

Now, therefore, His Royal Highness The Prince Edward and Her Royal Highness The Princess Royal, being authorised thereto by the said Letters Patent, and in pursuance of the powers conferred by section 1 of the United Nations Act 1946^[1], and by and with the advice of Her Majesty's Privy Council, do on Her Majesty's behalf order, and it is hereby ordered, as follows:

Citation, commencement, operation and extent
    1.—(1)  This Order may be cited as the Former Yugoslavia (United Nations Sanctions) (Dependent Territories) Order 1994 and shall come into force on 19th October 1994.

    (2)  If, after the making of this Order, the Security Council of the United Nations takes a decision which has the effect of cancelling or suspending in whole or in part the operation of the resolutions adopted by it on 17th April 1993 and 23rd September 1994, this Order shall cease to have effect or its operation shall be suspended, as the case may be, in accordance with that decision; and particulars of that decision shall be published by the Governor in a notice in the Gazette.

    (3)  
 (a) This Order shall extend, as part of the law thereof, to each of the territories listed in Schedule 2 to this Order.
 (b) In the application of this Order to any of the said territories the expression "the Territory" in this Order means that territory.

Interpretation
    2.    In this Order the following expressions have, except where otherwise expressly provided, the meanings hereby respectively assigned to them, that is to say—
"the 1993 Order" means the Serbia and Montenegro (United Nations Sanctions) (Dependent Territories) Order 1993^[2];


"Bosnian Serb controlled areas" means those areas of the Republic of Bosnia and Herzegovina under the control of Bosnian Serb forces;


"export" includes shipment as stores;


"exportation", in relation to any vessel, submersible vehicle or aircraft, includes the taking out of the territory of the vessel, submersible vehicle or aircraft notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;


"Gazette" means the official Gazette of the Territory;


"Governor" means the Governor or other officer administering the Government of the Territory;


"ship" has the meaning it bears in section 742 of the Merchant Shipping Act 1894^[3];


"shipment" includes loading into an aircraft;


"vehicle" means land transport vehicle.

Exportation of goods to Bosnian Serb controlled areas and areas of Croatia
    3.    Except under the authority of a licence granted by the Governor under this article, all goods are prohibited to be exported from the Territory to any destination in the Bosnian Serb controlled areas or the United Nations Protected Areas of the Republic of Croatia.

Prohibition on economic activities
    4.—(1)  Except under the authority of a licence granted by the Governor under this article, no person connected with the Bosnian Serb controlled areas shall carry on any economic activities in the Territory.

    (2)  For the purposes of this article:
 (a) "economic activities" includes
 (i) all activities of an economic nature including commercial, financial and industrial activities and transactions, in particular all activities of an economic nature involving the use of or dealing in, with or in connection with property or interests in property;
 (ii) the exercise of rights relating to property or interests in property;
 (iii) the establishment of any new body or change in management of an existing body;
 (b) "person connected with the Bosnian Serb controlled areas" means any of the following persons:
 (i) any body, wherever incorporated or constituted, which is owned or controlled, directly or indirectly, by the following persons:
 (aa) any person in, or resident in, the Bosnian Serb controlled areas; or
 (bb) any body in the Bosnian Serb controlled areas; or
 (ii) any person or body acting on behalf of a body in the Bosnian Serb controlled areas or a body described in sub-paragraph (i).
 (c) "property" includes funds, financial, tangible and intangible assets, property rights, public and privately traded securities and debt instruments, and any other financial and economic resources.

Prohibition on the provision of services
    5.—(1)  Except under the authority of a licence granted by the Governor under this article, no person mentioned in article 8 of this Order shall provide any services to any person or body for the purposes of any business carried on in the Bosnian Serb controlled areas.

    (2)  For the purposes of this article "services" shall not include (a) telecommunications services; or (b) postal services.

Assets of persons connected with Bosnian Serb controlled areas
    6.—(1)  Except with permission granted by or on behalf of the Governor, no person mentioned in article 8 of this Order shall—
 (a) make any payment, or part with any gold, securities or investments; or
 (b) make any change in the persons to whose credit any sum is to stand or to whose order any gold, securities or investments are to be held,
where any such action is action to which this article applies.

    (2)  This article applies to any action which is likely to make available to or for the benefit of any person connected with the Bosnian Serb controlled areas any funds or any other financial assets or resources, whether by their removal from the Territory or otherwise, or otherwise to result in the remittance or transfer of funds or other such assets or resources to or for the benefit of any person connected with the Bosnian Serb controlled areas.

    (3)  Any permission granted by or on behalf of the Governor under this article may be granted either absolutely or subject to conditions and may be varied or revoked at any time by or on behalf of the Governor.

    (4)  In this article, "person connected with the Bosnian Serb controlled areas" means any of the following persons:
 (a) any body in the Bosnian Serb controlled areas; or
 (b) any body, wherever incorporated or constituted, which is owned or controlled, directly or indirectly, by the following persons:
 (i) any person in, or resident in, the Bosnian Serb controlled areas; or
 (ii) any body in the Bosnian Serb controlled areas; or
 (c) Any person or body acting on behalf of a body described in sub-paragraph (a) or (b).

Exception
    7.    Nothing in this Order, in the Serbia and Montenegro (United Nations Sanctions) (Dependent Territories) Order 1992^[4] or the 1993 Order^[5] shall prohibit any activities in connection with the United Nations Protection Force (UNPROFOR), the International Conference on the Former Yugoslavia or the European Community Monitoring Mission.

Provision relating to articles 4, 5, and 6
    8.—(1)  The provisions of articles 5 and 6 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; or
 (b) is a body incorporated or constituted under the law of the Territory.

    (2)  Subject to the provisions of paragraphs (3) and (4) of this article, any person who contravenes the provisions of article 4(1) or any person specified in paragraph (1) of this article who contravenes the provisions of articles 5(1) or 6(1) 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 4(1) of this Order by a person or body acting on behalf of a body in the Bosnian Serb controlled areas or a body described in article 4(2)(b)(i) 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 he was so acting.

    (4)  In the case of proceedings for an offence in contravention of article 5(1) 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 services in question were to be provided for the purposes of any business carried on in the Bosnian Serb controlled areas.

Powers to demand evidence of destination which goods reach
    9.    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 he may allow proof to his satisfaction that the goods have reached either—
 (i) a destination to which they were authorised to be exported by a licence granted under this Order; or
 (ii) 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.

Offences in connection with applications for licences, conditions attaching to licences, etc.
    10.—(1)  If for the purposes of obtaining any licence or permission 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 under this Order.

    (2)  Any person who has done any act under the authority of a licence granted by the Governor or with permission granted by or on behalf of the Governor under this Order and who fails to comply with any condition attaching to that licence or permission shall be guilty of an offence under this Order:

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 his consent,
 (i) by the Governor after the doing of the act authorised by the licence, or
 (ii) by or on behalf of the Governor after the doing of the act with permission granted by or on behalf of the Governor.

Declaration as to goods: powers of search
    11.—(1)  Any person who is about to leave the Territory shall if he is required to do so by an officer authorised for the purpose by the Governor—
 (a) declare whether or not he has with him any goods destined for the Bosnian Serb controlled areas or the United Nations Protected Areas in the Republic of Croatia; and
 (b) produce any such goods as aforesaid which he has with him,
and such officer, and any person acting under his directions, 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.

    (2)  Any person who without reasonable excuse refuses to make a declaration, 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 under this Order.

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

Obtaining of evidence and information
    12.    The provisions of Schedule 1 to this Order shall have effect in order to facilitate the obtaining, by or on behalf of the Governor, of evidence and information for the purpose of securing compliance with or detecting evasion of this Order and in order to facilitate the obtaining, by or on behalf of the Governor, of evidence of the commission of an offence under this Order or, with respect to any of the matters regulated by this Order, of an offence relating to customs or of an offence against any provision of law with respect to similar matters that is for the time being in force in any territory to which this Order extends.

Penalties and Proceedings
    13.—(1)  Any person guilty of an offence in contravention of article 5(1) or article 6(1) of this Order shall be liable:
 (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 £5,000 or its equivalent or to both.

    (2)  Any person guilty of an offence under paragraph 5(b) or (d) of Schedule 1 to this Order shall be liable:
 (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 £5,000 or its equivalent or to both.

    (3)  Any person guilty of an offence in contravention of article 4(1) or under article 10(1) or (2) or article 11(3) of this Order shall be liable:
 (a) on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
 (b) on summary conviction to a fine not exceeding £5,000 or its equivalent.

    (4)  Any person guilty of an offence under paragraph 5(a) or (c) of Schedule 1 to this Order shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent.

    (5)  Any person guilty of an offence under article 9 or article 11(2) of this Order shall be liable on summary conviction to a fine not exceeding £5,000 or its equivalent.

    (6)  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.

    (7)  Summary proceedings for an offence under this Order, being an offence alleged to have been committed outside the Territory, may be instituted at any time not later than 12 months from the date on which the person charged first enters the Territory after committing the offence.

    (8)  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.

    (9)  No proceedings for an offence under this Order shall be instituted in the Territory except by or with the consent of the principal public officer of the Territory having responsibility for criminal prosecutions:

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 Governor
    14.—(1)  The Governor may, to such extent and subject to such restrictions and conditions as he may think proper, delegate or authorise the delegation of any of his powers under this Order (other than the power to give authority under Schedule 1 to this Order to apply for a search warrant) to any person, or class or description of persons, approved by him, and references in this Order to the Governor shall be construed accordingly.

    (2)  Any licence granted under this Order 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 authority that granted it.

Amendment of the 1993 Order
    15.—(1)  Article 7(1)(a) of the 1993 Order shall be amended by the replacement of the reference to article 4(5)(a) by a reference to article 4(7)(a).

    (2)  Article 9(1)(a) of the 1993 Order shall be amended by the replacement of the reference to article 6(5)(a) by a reference to article 6(6)(a).

Miscellaneous
    16.—(1)  Any provision of this Order which prohibits the doing of a thing except under the authority of a licence or permission granted by the Governor shall not have effect in relation to any such thing done anywhere other than the territory to which this Order extends provided that it is duly authorised.

    (2)  A thing is duly authorised for the purpose of paragraph (1) of this article if it is done under the authority of a licence or permission granted in accordance with any law in force in the place where it is done (being a law substantially corresponding to the relevant provisions of this Order) by the authority competent in that behalf under that law.

N. H. Nicholls

Clerk of the Privy Council

[1] 1946 c. 45. back

[2] S.I. 1993/1195. back

[3] 1894 c. 60. back

[4] S.I. 1992/1303. back

[5] S.I. 1993/1195. back

Explanatory Note