Statutory Instruments
1993 No. 1254
UNITED NATIONS
The Serbia and Montenegro (United Nations Sanctions) (Isle of Man) Order 1993
Made
12th May 1993
Laid before Parliament
13th May 1993
Coming into force
14th May 1993
At the Court at Buckingham Palace, the 12th day of May 1993
Present,
The Queen’s Most Excellent Majesty in Council
Whereas under Article 41 of the Charter of the United Nations the Security Council of the United Nations have, by resolution adopted on 17th April 1993, called upon Her Majesty’s Government in the United Kingdom and all other States to apply certain measures to give effect to a decision of that Council in relation to Serbia and Montenegro;
Now, therefore, Her Majesty, in exercise of the powers conferred on Her by section 1 of the United Nations Act 1946(1), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
Citation, commencement, operation and extent
1.—(1) This Order may be cited as the Serbia and Montenegro (United Nations Sanctions) (Isle of Man) Order 1993 and shall come into force on 14th May 1993.
(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 the operation of the resolution adopted by it on 17th April 1993, 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 Secretary of State in a notice in the London, Edinburgh and Belfast Gazettes.
(3) This Order shall extend, as part of the law thereof, to the Isle of Man only.
Interpretation
2.—(1) In this Order the following expressions have, except where otherwise expressly provided, the meanings hereby respectively assigned to them, that is to say–
“airport” has the meaning it bears in section 12(1) of the Airports and Civil Aviation Act 1987 (an Act of Tynwald);
“airport charges” and “airport documents” shall have the meanings they bear in section 88 of the Civil Aviation Act 1982(2) as it has effect in the Isle of Man;
“cargo” includes load;
“commander”, in relation to an aircraft, means the member of the flight crew designated as commander of the aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of the aircraft;
“Department” means the Department of Highways Ports and Properties, a Department of the Government of the Isle of Man;
“effective control”, in relation to a ship, goods vehicle or aircraft, means a legal or beneficial interest by way of ownership which is less than a majority interest but which, having regard to the considerations of fact or law involved, confers the possibility of directly or indirectly exercising a decisive influence on the operation of that ship, goods vehicle or aircraft;
“enactment” includes an Act of Tynwald and any provision contained in such an Act;
“goods vehicle” has the meaning it bears in section 72(1) of the Road Traffic Act 1985 (an Act of Tynwald);
“harbour” has the meaning it bears in section 1(1) of the Harbours (Isle of Man) Act 1961 (an Act of Tynwald);
“master”, in relation to a ship, includes any person (other than a pilot) for the time being in charge of the ship;
“officer of Customs and Excise” means an officer authorised as such under the Customs and Excise Management Act 1986 (an Act of Tynwald);
“operator”, in relation to a ship or aircraft, means the person for the time being having the management of that ship or aircraft;
“owner”, in relation to a goods vehicle which is the subject of a hiring agreement or a hire purchase agreement, means the person in possession of the vehicle under that agreement;
“owner”, in relation to a ship, means, except in relation to articles 10, 12 and 17, where the owner of a ship is not the operator, the operator and any person to whom it is chartered;
“person connected with Serbia or Montenegro” means–
the Governments of the Federal Republic of Yugoslavia, of Serbia and of Montenegro;
any other person in, or resident in, Serbia or Montenegro;
any body incorporated or constituted under the law of Serbia or Montenegro;
any body, wherever incorporated or constituted, which is controlled by any of the said Governments, any other person in, or resident in, Serbia or Montenegro, or any body incorporated in or constituted under the law of Serbia or Montenegro;
any person acting on behalf of any of the above mentioned persons;
“ship” has the meaning it bears in section 742 of the Merchant Shipping Act 1894(3);
“stores” means goods for use in a ship, goods vehicle or aircraft, and includes fuel and spare parts and other articles of equipment, whether or not for immediate fitting, and, in relation to a ship or aircraft, includes any goods for use as merchandise for sale by retail to persons carried therein;
“Treasury” means the Department of the Government of the Isle of Man established under the Treasury Act 1985 (an Act of Tynwald);
“vehicle documents”, in relation to a goods vehicle, means any licence, certificate, permit or other document issued or required under any enactment for the time being in force with respect to that vehicle;
“violation of the United Nations resolutions” means a contravention committed after the entry into force of this Order of any of those provisions of the law of any country or territory which, to the extent required by the provisions of the resolutions set out in Schedule 1 to this Order, prohibit certain imports and exports of goods, supplies of services, or operation or use of ships, goods vehicles or aircraft in relation to the former Yugoslavia or parts thereof, or, where there is no such law in the relevant country or territory, an import or export of goods, supply of services or operation or use of ships, vehicles or aircraft which is required to be prohibited under any of those resolutions;
“the 1992 Order” means the Serbia and Montenegro (United Nations Sanctions) Order 1992(4).
Investigation of suspected ships, goods vehicles or aircraft
3.—(1) Where any authorised officer, that is to say, any such officer as is referred to in section 692(1) of the Merchant Shipping Act 1894, has reason to suspect that any ship in the Isle of Man has been or is being operated or used in violation of the United Nations resolutions, he may (either alone or accompanied and assisted by persons under his authority) board the ship and search her and, for that purpose, may request the master of the ship to furnish such information relating to the ship and her cargo and produce for his inspection such documents so relating and such cargo as he may specify; and an authorised officer (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of such a request) may, in the case of a ship that is reasonably suspected of being operated or used in violation of the United Nations resolutions, exercise the following further powers with a view to the prevention of the commission (or the continued commission) of any such violation or in order that enquiries into the matter may be pursued, that is to say, he may either direct the master to refrain, except with the consent of any authorised officer, from landing at any port specified by the officer any part of the ship’s cargo that is so specified or request the master to take any one or more of the following steps:
(a)to cause the ship not to proceed with the voyage on which she is then engaged or about to engage until the master is notified by any authorised officer that the ship may so proceed;
(b)if the ship is then in a port in the Isle of Man to cause her to remain there until the master is notified by an authorised officer that the ship may depart;
(c)if the ship is then in any other place, to take her to any such port specified by the officer and to cause her to remain there until the master is notified as mentioned in sub-paragraph (b) above; and
(d)to take her to any other destination that may be specified by the officer in agreement with the master;
and the master shall comply with any such request or direction.
(2) Without prejudice to the provisions of paragraph (10) of this article, where a master refuses or fails to comply with a request made under this article that his ship shall or shall not proceed to or from any place or where an authorised officer otherwise has reason to suspect that such a request that has been so made may not be complied with, any such officer may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose enter upon, or authorise entry upon, that ship and use, or authorise the use of, reasonable force.
(3) Where any officer of Customs and Excise or any person authorised by the Treasury for that purpose either generally or in a particular case has reason to suspect that any goods vehicle in the Isle of Man has been or is being used in violation of the United Nations resolutions, that authorised person or officer may request the driver of the vehicle to furnish such information relating to the vehicle and its cargo and produce for his inspection such documents so relating and such cargo as he may specify, and that authorised person or that officer may (either alone or accompanied and assisted by persons under his authority) enter the vehicle and search it and its cargo and, for that purpose, may use or authorise the use of reasonable force; and any such authorised person or any such officer (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of such a request) may further request the driver to cause the vehicle and its cargo to remain in the Isle of Man unless and until notified that the vehicle and its cargo may depart, and the driver shall comply with any such request.
(4) Without prejudice to the provisions of paragraph (10) of this article, where any person authorised as aforesaid or any such officer as aforesaid has reason to suspect that any request that a goods vehicle should remain in the Isle of Man that has been made under paragraph (3) of this article may not be complied with, that authorised person or that officer may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose–
(a)enter, or authorise entry, upon any land and enter, or authorise entry of, that vehicle;
(b)detain, or authorise the detention of, that vehicle and its cargo; and
(c)use, or authorise the use of, reasonable force.
(5) Where any officer of Customs and Excise or any person authorised by the Treasury for that purpose either generally or in a particular case has reason to suspect that any aircraft in the Isle of Man has been or is being used in violation of the United Nations resolutions, that authorised person or officer may request the charterer, the operator and the commander of the aircraft or any of them to furnish such information relating to the aircraft and its cargo and produce for his inspection such documents so relating and such cargo as he may specify, and that authorised person or that officer may (either alone or accompanied and assisted by persons under his authority) board the aircraft and search it and its cargo and, for that purpose, may use or authorise the use of reasonable force; and any such authorised person or any such officer (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of such a request) may further request the charterer, operator and the commander or any of them to cause the aircraft and its cargo to remain in the Isle of Man unless and until notified that the aircraft and its cargo may depart, and the charterer, the operator and the commander shall comply with any such request.
(6) Without prejudice to the provisions of paragraph (10) of this article, where any person authorised as aforesaid or any such officer as aforesaid has reason to suspect that any request that an aircraft should remain in the Isle of Man that has been made under paragraph (5) of this article may not be complied with, that authorised person or that officer may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose–
(a)enter, or authorise entry, upon any land and upon that aircraft;
(b)detain, or authorise the detention of, that aircraft and its cargo; and
(c)use, or authorise the use of, reasonable force.
(7) A person authorised by the Treasury to exercise any power for the purposes of paragraph (3), (4), (5) or (6) of this article shall, if requested to do so, produce evidence of his authority before exercising that power.
(8) No information furnished or document produced by any person in pursuance of a request made under this article shall be disclosed except–
(a)with the consent of the person by whom the information was furnished or the document was produced:
Provided that a person who has obtained information or is in possession of a document only in his capacity as servant or agent of another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or to the possession of that document in his own right;
(b)to any person who would have been empowered under this article to request that it be furnished or produced or to any person holding or acting in any office under or in the service of the Crown in respect of the Government of the United Kingdom or under or in the service of the Government of the Isle of Man;
(c)on the authority of the Treasury, to any organ of the United Nations or to any person in the service of the United Nations or of the Government of any other country for the purpose of assisting the United Nations or that Government in securing compliance with or detecting evasion of measures in relation to Serbia and Montenegro decided upon by the Security Council of the United Nations; or
(d)with a view to the institution of, or otherwise for the purposes of, any proceedings for an offence under this Order or, with respect to any of the matters regulated by this Order, for an offence under any enactment relating to customs.
(9) Any power conferred by this article to request the furnishing of information or the production of a document or of cargo for inspection shall include a power to specify whether the information should be furnished orally or in writing and in what form and to specify the time by which and the place in which the information should be furnished or the document or cargo produced for inspection.
(10) Each of the following persons shall be guilty of an offence under this Order, that is to say–
(a)a master of a ship who disobeys any direction given under paragraph (1) of this article with respect to the landing of any cargo;
(b)a master of a ship, a driver of a goods vehicle, or a charterer or an operator or a commander of an aircraft who–
(i)without reasonable excuse, refuses or fails within a reasonable time to comply with any request made under this article by any person empowered to make it, or
(ii)wilfully furnishes false information or produces false documents to such a person in response to such a request;
(c)a master or a member of a crew of a ship, a driver of a goods vehicle, or a charterer or an operator or a commander or a member of a crew of an aircraft who wilfully obstructs any such person (or any person acting under the authority of any such person) in the exercise of his powers under this article.
(11) Nothing in this article shall be construed so as to prejudice any other provision of law conferring powers or imposing restrictions or enabling restrictions to be imposed with respect to ships, goods vehicles or aircraft.
Impounding of ships
4.—(1) It shall be the duty of the Department to take all such steps as may be necessary to secure that any ship to which this article applies which is at any harbour shall be impounded.
(2) Without prejudice to the generality of paragraph (1) of this article, such steps may include–
(a)requesting the master or operator of the ship to move it, or to secure that it is moved, to another part of the harbour, and
(b)moving the ship to another place.
(3) Any person who, without reasonable excuse–
(a)obstructs the Department, its servants or agents acting in accordance with the provisions of this article; or
(b)refuses or fails within a reasonable time to comply with a request made by any such persons made in accordance with paragraph (2) above,
shall be guilty of an offence under this Order.
(4) Subject to paragraph (2)(b) above, if any ship which has been impounded under this article proceeds to sea before it is released by the Department the master of the ship and any other person who knowingly sends the ship to sea shall each be guilty of an offence.
(5) Nothing in this article shall preclude the Department levying–
(a)ship, passenger and goods dues (within the meaning of section 1(1) of the Harbours (Isle of Man) Act 1961 (an Act of Tynwald));
(b)other charges which may be made by it in the exercise of its powers and duties.
(6) The Department may recover impounding expenses from the owner of an impounded ship.
(7) This article applies to any ship–
(a)which the Department has reason to believe is either majority owned by or effectively controlled by a person connected with Serbia or Montenegro, or
(b)in respect of which a request has been made under article 3(1)(a), (b), (c) or (d), and in respect of which the Treasury determines that the said ship has been operated or used in violation of the United Nations resolutions.
(8) A certificate given by or on behalf of the Treasury stating that it has been determined that a ship has been operated or used in violation of the United Nations resolutions shall be conclusive evidence of that matter.
Impounding of goods vehicles
5.—(1) It shall be the duty of the Department to take all such steps as may be necessary to secure that any goods vehicle to which this article applies shall be impounded.
(2) Any person who, without reasonable excuse, obstructs the Department or its servants or agents, acting in accordance with the provisions of this article shall be guilty of an offence under this Order.
(3) The Department may recover impounding expenses from the owner of an impounded goods vehicle.
(4) This article applies to any goods vehicle–
(a)which the Department has reason to believe is either majority owned or effectively controlled by a person connected with Serbia or Montenegro, or
(b)which is detained by virtue of article 3 and in respect of which the Treasury determines that the said goods vehicle has been used in violation of the United Nations resolutions.
(5) A certificate given by or on behalf of the Treasury stating that it has been determined that a goods vehicle has been used in violation of the United Nations resolutions shall be conclusive evidence of that matter.
Impounding of aircraft
6.—(1) It shall be the duty of the Department to take all such steps as may be necessary to secure that any aircraft to which this article applies which is at any airport shall be impounded at that airport.
(2) Without prejudice to the generality of paragraph (1) of this article, such steps may include–
(a)requesting the commander or operator of the aircraft to move it, or to secure that it is moved, to another part of the airport, and
(b)the placing of obstacles in the path of a parked aircraft to prevent it from leaving its parked position.
(3) Any person who, without reasonable excuse–
(a)obstructs the Department, its servants or agents acting in accordance with the provisions of this article,
(b)refuses or fails within a reasonable time to comply with a request made by any such persons made in accordance with paragraph (2)(a) above, or
(c)interferes with any such obstacle as is referred to in paragraph (2)(b) above,
shall be guilty of an offence under this Order.
(4) Nothing in this article shall preclude the Department levying airport charges.
(5) The Department may recover impounding expenses from the owner of an impounded aircraft.
(6) This article applies to any aircraft–
(a)which the Department has reason to believe is either majority owned by or effectively controlled by a person connected with Serbia or Montenegro, or
(b)which is detained by virtue of article 3 and in respect of which the Treasury determines that the said aircraft has been used in violation of the United Nations resolutions.
(7) A certificate given by or on behalf of the Treasury stating that it has been determined that an aircraft has been used in violation of the United Nations resolutions shall be conclusive evidence of that matter.
Forfeiture of ships and cargo
7.—(1) In any case where–
(a)a ship is impounded pursuant to article 4 and, in the case of a ship referred to in article 4(7)(a), the Treasury determines that the said ship has been operated in violation of the United Nations resolutions, or
(b)a ship’s cargo has been the subject of a direction as to landing, and the Treasury determines that the cargo has been carried in violation of the United Nations resolutions,
the Treasury may order that the ship or cargo, as the case may be, shall be forfeited to it.
(2) In a case where the Treasury orders that a ship or cargo shall be forefeited to it, the Treasury shall secure that the ship or cargo is sold for the best price that can reasonably be obtained.
(3) Failure to comply with the requirement in paragraph (2) of this article shall not, after the sale has taken place, be a ground for impugning the validity of the sale.
(4) The proceeds of any sale of a ship under this article shall be applied as follows, and in the following order, that is to say–
(a)in payment of any duty (whether of customs or excise) or value added tax which is chargeable in consequence of the ship having been imported into the Isle of Man;
(b)in payment of the expenses incurred by the Treasury in effecting the forfeiture of the ship and its sale;
(c)in payment of the charges referred to in article 4(5) and of any impounding expenses due in respect of the ship;
(d)subject to article 10 of the 1992 Order, in payment (where necessary pro rata) to or among the person or persons whose interests in the ship have been divested by reason of the forfeiture and sale and in respect of whom it does not appear to the Treasury that he or they have been party or privy to a violation of the United Nations resolutions;
(e)to the General Revenue of the Isle of Man.
(5) The proceeds of any sale of cargo under this article shall be applied as follows, and in the following order, that is to say–
(a)in payment of any duty (whether of customs or excise) or value added tax which is chargeable in consequence of the cargo having been imported into the Isle of Man;
(b)in payment of the expenses incurred by the Treasury in effecting the forfeiture of the cargo and its sale;
(c)in payment of cargo storage charges;
(d)subject to article 10 of the 1992 Order, in payment (where necessary pro rata) to or among the person or persons whose interests in the cargo have been divested by reason of the forfeiture and sale and in respect of whom it does not appear to the Treasury that he or they have been party or privy to a violation of the United Nations resolutions;
(e)to the General Revenue of the Isle of Man.
(6) For the purposes of this article, forfeiture in the case of a ship shall extend to–
(a)the equipment of the ship and any stores for use in connection with its operation (being equipment or stores carried in the ship); and
(b)any ship’s documents carried in the ship;
and any such documents may, if the ship is sold by the Treasury, be transferred by it to the purchaser.
(7) The Department shall not commence or continue the detention or proposed sale of any ship in pursuance of any enactment affecting the harbour in a case where the Treasury have made an order of forfeiture under this article in relation to that ship, unless and until that order is set aside under article 10(5)(a).
Forfeiture of vehicles and cargo
8.—(1) In any case where–
(a)a goods vehicle is impounded pursuant to article 5, and, in the case of a goods vehicle referred to in article 5(4)(a), the Treasury determines that the said vehicle has been used in violation of the United Nations resolutions, or
(b)cargo carried on a goods vehicle is detained by virtue of article 3, and the Treasury determines that the cargo has been carried in violation of the United Nations resolutions,
the Treasury may order that the goods vehicle or cargo, as the case may be, shall be forfeited to it.
(2) In a case where the Treasury orders that a goods vehicle or cargo shall be forfeited to it, the Treasury shall secure that the vehicle or cargo is sold for the best price that can reasonably be obtained.
(3) Failure to comply with the requirement in paragraph (2) of this article shall not, after the sale has taken place, be a ground for impugning the validity of the sale.
(4) The proceeds of any sale of a goods vehicle under this article shall be applied as follows, and in the following order, that is to say–
(a)in payment of any duty (whether of customs or excise) or value added tax which is chargeable in consequence of the goods vehicle having been imported into the Isle of Man;
(b)in payment of the expenses incurred by the Treasury in effecting the forfeiture of the goods vehicle and its sale;
(c)in payment of any impounding expenses due in respect of the goods vehicle;
(d)subject to article 10 of the 1992 Order, in payment (where necessary pro rata) to or among the person or persons whose interests in the goods vehicle have been divested by reason of the forfeiture and sale, and in respect of whom it does not appear to the Treasury that he or they have been party or privy to a violation of the United Nations resolutions;
(e)to the General Revenue of the Isle of Man.
(5) The proceeds of any sale of cargo under this article shall be applied as follows, and in the following order, that is to say–
(a)in payment of any duty (whether of customs or excise) or value added tax which is chargeable in consequence of the cargo having been imported into the Isle of Man;
(b)in payment of the expenses incurred by the Treasury in effecting the forfeiture of the cargo and its sale;
(c)in payment of cargo storage charges;
(d)subject to article 10 of the 1992 Order, in payment (where necessary pro rata) to or among the person or persons whose interests in the cargo have been divested by reason of the forfeiture and sale, and in respect of whom it does not appear to the Treasury that he or they have been party or privy to a violation of the United Nations resolutions;
(e)to the General Revenue of the Isle of Man.
(6) For the purposes of this article, forfeiture in the case of a goods vehicle shall extend to–
(a)the equipment of the vehicle and any stores for use in connection with its operation (being equipment or stores carried on the vehicle); and
(b)any vehicle documents carried on the vehicle;
and any such documents may, if the vehicle is sold by the Treasury, be transferred by it to the purchaser.
Forfeiture of aircraft and cargo
9.—(1) In any case where–
(a)an aircraft is impounded pursuant to article 6 and, in the case of an aircraft referred to in article 6(6)(a), the Treasury determines that the aircraft has been used in violation of the United Nations resolutions, or
(b)aircraft cargo is detained by virtue of article 3, and the Treasury determines that the cargo has been carried in violation of the United Nations resolutions,
the Treasury may order that the aircraft or cargo, as the case may be, shall be forfeited to it.
(2) In a case where the Treasury orders that an aircraft or cargo shall be forfeited to it, the Treasury shall secure that the aircraft or cargo is sold for the best price that can reasonably be obtained.
(3) Failure to comply with the requirement in paragraph (2) of this article shall not, after the sale has taken place, be a ground for impugning the validity of the sale.
(4) The proceeds of any sale of an aircraft under this article shall be applied as follows, and in the following order, that is to say–
(a)in payment of any duty (whether of customs or excise) or value added tax which is chargeable in consequence of the aircraft having been imported into the Isle of Man;
(b)in payment of the expenses incurred by the Treasury in effecting the forfeiture of the aircraft and its sale;
(c)in payment of any airport charges and impounding expenses due in respect of the aircraft;
(d)in payment of any charge in respect of the aircraft which is due by virtue of regulations made under section 73 of the Civil Aviation Act 1982 as it has effect in the Isle of Man;
(e)subject to article 10 of the 1992 Order, in payment (where necessary pro rata) to or among the person or persons whose interests in the aircraft have been divested by reason of the forfeiture and sale, and in respect of whom it does not appear to the Treasury that he or they have been party or privy to a violation of the United Nations resolutions;
(f)to the General Revenue of the Isle of Man.
(5) The proceeds of any sale of cargo under this article shall be applied as follows and in the following order, that is to say–
(a)in payment of any duty (whether of customs or excise) or value added tax which is chargeable in consequence of the cargo having been imported into the Isle of Man;
(b)in payment of the expenses incurred by the Treasury in effecting the forfeiture of the cargo and its sale;
(c)in payment of cargo storage charges;
(d)subject to article 10 of the 1992 Order, in payment (where necessary pro rata) to or among the person or persons whose interests in the cargo have been divested by reason of the forfeiture and sale, and in respect of whom it does not appear to the Treasury that he or they have been party or privy to a violation of the United Nations resolutions;
(e)to the General Revenue of the Isle of Man.
(6) For the purposes of this article, forfeiture in the case of an aircraft shall extend to–
(a)the equipment of the aircraft and any stores for use in connection with its operation (being equipment or stores carried in the aircraft); and
(b)any aircraft documents carried in the aircraft;
and any such documents may, if the aircraft is sold by the Treasury, be transferred by it to the purchaser.
(7) The Department shall not commence or continue the detention or proposed sale of any aircraft in pursuance of section 88 of the Civil Aviation Act 1982 as it has effect in the Isle of Man in a case where the Treasury has made an order of forfeiture under this article in relation to that aircraft unless and until that order is set aside under article 10(5)(a).
Procedure for giving certificates and making orders of forfeiture
10.—(1) Before making a determination for the purposes of article 4(7), 5(4), or 6(6) the Treasury–
(a)by notice in writing served on the owner of the ship or goods vehicle, or the owner or operator of the aircraft, as the case may be, shall state that it believes that the ship, goods vehicle or aircraft has been used or operated in violation of the United Nations resolutions and shall invite the owner or operator to make representations to it in writing concerning the matter within such period of not less than 21 days beginning on the day on which the notice is given as may be specified in the notice and shall state that, if the owner or operator, as the case may be, so requests, he shall be afforded an opportunity of being heard by the Treasury; and
(b)shall publish a notice in two newspapers published and circulating in the Isle of Man inviting any person who claims to have an interest in the ship, goods vehicle or aircraft to make representations to it concerning the matter referred to in sub-paragraph (a) above within such period of not less than 21 days beginning on the day on which the notice is published as may be specified in the notice and stating that, if the person so requests, he shall be afforded an opportunity of being heard by the Treasury.
(2) Before making an order of forfeiture under article 7(1), 8(1), or 9(1) the Treasury–
(a)by notice in writing served on the owner of the ship, goods vehicle or cargo, or the owner or operator of the aircraft, as the case may be, shall state its intention to make such an order and shall invite that person to make representations to it in writing concerning the matter within such period of not less than 21 days beginning on the day on which the notice is given as may be specified in the notice and shall state that, if the owner or operator, as the case may be, so requests, he shall be afforded an opportunity of being heard by the Treasury; and
(b)shall publish a notice in two newspapers published and circulating in the Isle of Man inviting any person who claims an interest in the ship, goods vehicle, aircraft or cargo to make representations in writing to it concerning the proposed forfeiture within such period of not less than 21 days beginning on the day on which the notice is published as may be specified in the notice and stating that, if the person so requests, he shall be afforded an opportunity of being heard by the Treasury.
(3) Where a person has under paragraph (1) or (2) of this article requested a hearing the procedure shall be as set out in Schedule 3 to this Order.
(4) An order of forfeiture shall come into effect on the later of–
(a)the expiration of 21 days after it is made, or
(b)in a case where proceedings under paragraph (5)(a) of this article have been instituted, if and when those proceedings are dismissed.
(5) (a) Before the expiration of the period of 21 days referred to in paragraph (4) of this article, the owner of the ship, goods vehicle, or cargo and the owner or operator of the aircraft may institute proceedings against the Treasury to set aside the order of forfeiture on the grounds that the conditions for forfeiture set out in this Order have not been met.
(b)Such proceedings shall be instituted in the High Court of Justice of the Isle of Man as civil proceedings.
(6) For the purposes of this article, proceedings shall be regarded as instituted when the writ or other originating process by which the proceedings are instituted is issued.
Prohibition on the provision of services
11.—(1) Except under the authority of a licence granted by the Treasury under this article, no person shall provide any services to any person or body for the purposes of any business carried on in Serbia or Montenegro.
(2) For the purposes of this article “services” shall not include telecommunications services or postal services.
(3) Any person who contravenes the provisions of this article shall be guilty of an offence under this Order.
(4) In the case of proceedings for an offence in contravention of this article it shall be a defence for the accused person to prove that he did not know and had no reason to believe that the services in question were to be provided for the purposes of any business carried on in Serbia or Montenegro.
Prohibition on entering territorial sea of Montenegro
12.—(1) Expect under the authority of a licence granted by the Treasury under this article no ship to which this article applies shall enter the territorial sea of Montenegro.
(2) The owner, operator and master of such a ship shall each be guilty of an offence under this Order.
(3) This article applies to any ship which is–
(a)(i)registered in the Isle of Man; or
(ii)not registered in any country but is majority owned by a British citizen who is ordinarily resident in, or a body corporate incorporated in, the Isle of Man; and
(b)is being issued for commercial purposes.
(4) In the case of proceedings for an offence under this article it shall be a defence for the accused person to prove–
(a)that he did not know and could not reasonably have known that the ship was entering the territorial sea of Montenegro; or
(b)that the ship only entered such waters by reason of stress of weather or other case of force majeure.
Application of articles 11 and 14
13. The provisions of articles 11 and 14 shall apply to any person within the Isle of Man 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 Isle of Man; or
(b)is a body incorporated or constituted under the law of the Isle of Man.
Offences in connection with applications for licences, conditions attaching to licences, etc.
14.—(1) If for the purposes of obtaining any licence 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 Treasury under this Order and who fails to comply with any condition attaching to that licence 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, by the Treasury after the doing of the act authorised by the licence.
Obtaining of evidence and information
15. The provisions of Schedule 2 to this Order shall have effect in order to facilitate the obtaining of evidence and information for the purpose of securing compliance with or detecting evasion of this Order or detecting violation of the United Nations resolutions and in order to facilitate the obtaining 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.
Penalties and proceedings
16.—(1) Any person guilty of an offence under article 11 or 12 shall be liable–
(a)on conviction on information to imprisonment for a term not exceeding seven years or to a fine or to both;
(b)on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.
(2) Any person guilty of an offence under article 3(10)(b)(ii) or paragraph 5(b) or (d) of Schedule 2 to this Order shall be liable–
(a)on conviction on information to imprisonment for a term not exceeding two years or to a fine or to both;
(b)on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.
(3) Any person guilty of an offence under article 4(3) or (4), 5(3), 6(3) or 14(1) or (2) shall be liable–
(a)on conviction on information 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 the statutory maximum.
(4) Any person guilty of an offence under article 3(10)(a), (b)(i) or (c) or paragraph 5(a) or (c) of Schedule 2 to this Order shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.
(5) 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.
(6) Notwithstanding anything in section 75(1) of the Summary Jurisdiction Act 1989 (an Act of Tynwald), a complaint relating to an offence under this Order which is triable by a court of summary jurisdiction may be heard if it is made at any time within 3 years after the commission of the offence and within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to his knowledge.
(7) For the purposes of this article–
(a)a certificate signed by or on behalf of the prosecutor as to the date on which such evidence as is referred to in paragraph (6) above came to his knowledge shall be conclusive evidence of that fact; and
(b)a certificate purporting to be so signed shall be presumed to be so signed unless the contrary is proved.
(8) Proceedings against any person for an offence under this Order may be taken before the appropriate court having jurisdiction in the Isle of Man.
(9) No proceedings for an offence under this Order, other than for a summary offence, shall be instituted except by the Treasury or by, or with the consent of, the Attorney General for the Isle of Man:
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, nothwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Notices
17.—(1) This article has effect in relation to any notice required by article 10 to be served on or given to any person.
(2) Any such notice may be served on or given to any person–
(a)by delivering it to him, or
(b)by leaving it at his proper address, or
(c)by sending it by post to him at that address, or
(d)by sending it to him at that address by telex or other similar means which produces a document containing the text of the communication, or
(e)in the case of a notice to be served under article 10(1) or (2) by affixing it to the ship, goods vehicle or aircraft concerned.
(3) Any such notice may, in the case of a body corporate, be served on or given to the secretary, clerk or similar officer of that body.
(4) For the purposes of this article and section 7 of the Interpretation Act 1978(5) (service of documents by post) in its application to this article, the proper address of any person on whom or to whom any notice is to be served or given is his usual or last known address or place of business (whether in the Isle of Man or elsewhere), except that in the case of a body corporate or its secretary, clerk or similar officer it shall be the address of the registered or principal office of that body in the Isle of Man (or, if it has no office in the Isle of Man, of its principal office, wherever it may be).
(5) In the case of a person registered under any of the Manx registration provisions as the owner of any ship, or goods vehicle, so registered, the address for the time being recorded in relation to him in the register in which the ship or goods vehicle is registered shall also be treated for the purposes of this article and section 7 of the Interpretation Act 1978 as his proper address.
(6) If the person on whom or to whom any notice mentioned in paragraph (1) of this article is to be served or given has notified the Treasury of an address within the Isle of Man, other than an address determined under pargraph (4) or (5) of this article, as the one at which he or someone else on his behalf will accept such notices, that address shall also be treated for the purposes of this article and section 7 of the Interpretation Act 1978 as his proper address.
(7) Any notice mentioned in paragraph (1) of this article shall, where there are two or more owners registered under any of the Manx registration provisions, be treated as duly served on or given to each of those owners if served on or given to any one of the registered owners.
(8) For the purpose of affixing a notice under paragraph (2)(e) of this article, any person authorised by the Treasury for that purpose may authorise entry upon any land and authorise entry of or upon the ship, goods vehicle or aircraft concerned.
(9) In this article “the Manx registration provisions” means–
(a)Part I of the Merchant Shipping Registration Act 1991 (an Act of Tynwald),
(b)Part II of that Act,
(c)Part III of that Act, and
(d)sections 11 and 13 of the Licensing and Registration of Vehicles Act 1985 (an Act of Tynwald).
Exercise of powers
18.—(1) The Treasury may to such extent and subject to such restrictions and conditions as it may think proper, delegate or authorise the delegation of any of its powers under this Order (other than the power to make an order of forfeiture under article 7, 8 or 9 and the power to give authority under Schedule 2 to this Order to apply for a search warrant) to any person, or class or description of persons, approved by it, and references in this Order to the Treasury 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 Treasury.
N. H. Nicholls
Clerk of the Privy Council
Article 2
SCHEDULE 1PROVISIONS OF THE UNITED NATIONS RESOLUTIONS
Resolution 757 adopted by the Security Council on 30th May 1992
“The Security Council
3. Decidesthat all States shall adopt the measures set out below, which shall apply until the Security Council decides that the authorities in the Federal Republic of Yugoslavia (Serbia and Montenegro), including the Yugoslav People’s Army (JNA), have taken effective measures to fulfil the requirements of resolution 752 (1992);
4. Decidesthat all States shall prevent:
(a)The import into their territories of all commodities and products originating in the Federal Republic of Yugoslavia (Serbia and Montenegro) exported therefrom after the date of the present resolution;
(b)Any activities by their nationals or in their territories which would promote or are calculated to promote the export or trans-shipment of any commodities or products originating in the Federal Republic of Yugoslavia (Serbia and Montenegro); and any dealings by their nationals or their flag vessels or aircraft or in their territories in any commodities or products originating in the Federal Republic of Yugoslavia (Serbia and Montenegro) and exported therefrom after the date of the present resolution, including in particular any transfer of funds to the Federal Republic of Yugoslavia (Serbia and Montenegro) for the purposes of such activities or dealings;
(c)The sale or supply by their nationals or from their territories or using their flag vessels or aircraft or any commodities or products, whether or not originating in their territories, but not including supplies intended strictly for medical purposes and foodstuffs notified to the Committee…, to any person or body in the Federal Republic of Yugoslavia (Serbia and Montenegro) or to any person or body for the purposes of any business carried on in or operated from the Federal Republic of Yugoslavia (Serbia and Montenegro), and any activities by their nationals or in their territories which promote or are calculated to promote such sale or supply of such commodities or products;
5. Decidesthat all States shall not make available to the authorities in the Federal Republic of Yugoslavia (Serbia and Montenegro) or to any commercial, industrial or public utility undertaking in the Federal Republic of Yugoslavia (Serbia and Montenegro), any funds or any other financial or economic resources and shall prevent their nationals and any persons within their territories from removing from their territories or otherwise making available to those authorities or to any such undertaking any such funds or resources and from remitting any other funds to persons or bodies within the Federal Republic of Yugoslavia (Serbia and Montenegro), except payments exclusively for strictly medical or humanitarian purposes and foodstuffs;
6. Decidesthat the prohibitions in paragraphs 4 and 5 above shall not apply to the trans-shipment through the Federal Republic of Yugoslavia (Serbia and Montenegro) of commodities and products originating outside the Federal Republic of Yugoslavia (Serbia and Montenegro) and temporarily present in the territory of the Federal Republic of Yugoslavia (Serbia and Montenegro) only for the purpose of such trans-shipment, in accordance with guidelines approved by the Committee ... ... ... ...
7. Decidesthat all States shall:
(a)Deny permission to any aircraft to take off from, land in or overfly their territory if it is destined to land in or has taken off from the territory of the Federal Republic of Yugoslavia (Serbia and Montenegro), unless the particular flight has been approved, for humanitarian or other purposes consistent with the relevant resolution of the Council, by the Committee;
(b)Prohibit, by their nationals or from their territory, the provision of engineering and maintenance servicing of aircraft registered in the Federal Republic of Yugoslavia (Serbia and Montenegro) or operated by or on behalf of entities in the Federal Republic of Yugoslavia (Serbia and Montenegro) or components for such aircraft, the certification of airworthiness for such aircraft, and the payment of new claims against existing insurance contracts and the provision of new direct insurance for such aircraft;
8. Decidesthat all States shall:
(a)Reduce the level of the staff at diplomatic missions and consular posts of the Federal Republic of Yugoslavia (Serbia and Montenegro);
(b)Take the necessary steps to prevent the participation in sporting events on their territory of persons or groups representing the Federal Republic of Yugoslavia (Serbia and Montenegro);
(c)Suspend scientific and technical cooperation and cultural exchanges and visits involving persons or groups officially sponsored by or representing the Federal Republic of Yugoslavia (Serbia and Montenegro);
9. Decidesthat all States, and the authorities in the Federal Republic of Yugoslavia (Serbia and Montenegro), shall take the necessary measures to ensure that no claim shall lie at the instance of the authorities in the Federal Republic of Yugoslavia (Serbia and Montenegro), or of any person or body in the Federal Republic of Yugoslavia (Serbia and Montenegro), or of any person claiming through or for the benefit of any such person or body, in connection with any contract or other transaction where its performance was affected by reason of the measures imposed by this resolution and related resolutions;
10. Decidesthat the measures imposed by this resolution shall not apply to activities related to UNPROFOR, to the Conference on Yugoslavia or to the European Community Monitor Mission, and that States, parties and others concerned shall cooperate fully with UNPROFOR, the Conference on Yugoslavia and the European Community Monitor Mission and respect fully their freedom of movement and the safety of their personnel;
11. Calls uponall States, including States not members of the United Nations, and all international organisations, to act strictly in accordance with the provisions of the present resolution, notwithstanding the existence of any rights or obligations conferred or imposed by any international agreement or any contract entered into or any licence or permit granted prior to the date of the present resolution;
12. Requestsall States to report to the Secretary-General by 22nd June 1992 on the measures they have instituted for meeting the obligations set out in paragraphs 4 to 9 above;”.
Resolution 760 adopted by the Security Council on 18th June 1992
“The Security Council
Decidesthat the prohibitions in paragraph 4(c) of resolution 757 (1992) concerning the sale or supply to the Federal Republic of Yugoslavia (Serbia and Montenegro) of commodities or products, other than medical supplies and foodstuffs, and the prohibitions against financial transactions related thereto, contained in resolution 757 (1992) shall not apply, with the approval of the Committee… under the simplified and accelerated “no objection” procedure, to commodities and products for essential humanitarian need.”.
Resolution 787 adopted by the Security Council on 16th November 1992
“The Security Council
9. Decides,acting under Chapter VII of the Charter of the United Nations, in order to ensure that commodities and products trans-shipped through the Federal Republic of Yugoslavia (Serbia and Montenegro) are not diverted in violation of Resolution 757 (1992), to prohibit the trans-shipment of crude oil, petroleum products, coal, energy-related equipment, iron, steel, other metals, chemicals, rubber, tyres, vehicles, aircraft and motors of all types, unless such trans-shipment is specifically authorised on a case-by-case basis by the Committee… under its no objection procedure:
10. Further decides,acting under Chapter VII of the Charter of the United Nations, that any vessel in which a majority or controlling interest is held by a person or undertaking in or operating from the Federal Republic of Yugoslavia (Serbia and Montenegro) shall be considered, for the purpose of implementation of the relevant resolutions of the Security Council, a vessel of the Federal Republic of Yugoslavia (Serbia and Montenegro), regardless of the flag under which the vessel sails:”.
Resolution 820 adopted by the Security Council on 17th April 1993
“The Security Council
10. Decidesthat the provisions set forth in paragraphs 12 to 30 below shall, to the extent that they establish obligations beyond those established by its earlier relevant resolutions, come into force nine days after the date of the adoption of the present resolution unless the Secretary-General has reported to the Council that the Bosnian Serb party has joined the other parties in signing the peace plan and in implementing it and that the Bosnian Serbs have ceased their military attacks;
11. Decides furtherthat if, at any time after the submission of the above-mentioned report of the Secretary-General, the Secretary-General reports to the Council that the Bosnian Serbs have renewed their military attacks or failed to comply with the peace plan, the provisions set forth in paragraphs 12 to 30 below shall come into force immediately;
12. Decidesthat import to, export from and trans-shipment through the United Nations Protected Areas in the Republic of Croatia and those areas of the Republic of Bosnia and Herzegovina under the control of Bosnian Serb forces, with the exception of essential humanitarian supplies including medical supplies and foodstuffs distributed by international humanitarian agencies, shall be permitted only with proper authorisation from the Government of the Republic of Croatia or the Government of the Republic of Bosnia and Herzegovina respectively;
13. Decidesthat all States, in implementing the measures imposed by resolution 757 (1992), 760 (1992), 787 (1992) and the present resolution, shall take steps to prevent diversion to the territory of the Federal Republic of Yugoslavia (Serbia and Montenegro) of commodities and products said to be destined for other places, in particular the United Nations Protected Areas in the Republic of Croatia and those areas of the Republic of Bosnia and Herzegovina under the control of Bosnian Serb forces;
15. Decidesthat trans-shipments of commodities and products through the Federal Republic of Yugoslavia (Serbia and Montenegro) on the Danube shall be permitted only if specifically authorised by the Committee… and that each vessel so authorised must be subject to effective monitoring while passing along the Danube between Vidin/Calafat and Mohacs;
16. Confirmsthat no vessels (a) registered in the Federal Republic of Yugoslavia (Serbia and Montenegro) or (b) in which a majority or controlling interest is held by a person or undertaking in or operating from the Federal Republic of Yugoslavia (Serbia and Montenegro) or (c) suspected of having violated or being in violation of resolutions 713 (1991), 757 (1992), 787 (1992) or the present resolution shall be permitted to pass through installations, including river locks or canals within the territory of Member States, andcalls uponthe riparian States to ensure that adequate monitoring is provided to all cabotage traffic involving points that are situated between Vidin/Calafat and Mohacs;
18. Requeststhe Committee ... ... ... ...to make periodic reports to the Security Council on information submitted to the Committee regarding alleged violations of the relevant resolutions, identifying where possible persons or entities, including vessels, reported to be engaged in such violations;
19. RemindsStates of the importance of strict enforcement of measures imposed under Chapter VII of the Charter, andcalls uponthem to bring proceedings against persons and entities violating the measures imposed by resolutions 713 (1991), 757 (1992), 787 (1992) and the present resolution and to impose appropriate penalties;
20. Welcomesthe role of the international Sanctions Assistance Missions in support of the implementation of the measures imposed under resolutions 713 (1991), 757 (1992), 787 (1992) and the present resolution and the appointment of the Sanctions Coordinator by the Conference on Security and Cooperation in Europe andinvitesthe Sanctions Coordinator and the Sanctions Assistance Missions to work in close cooperation with the Committee ... ... ... ...
21. Decidesthat States in which there are funds, including any funds derived from property, (a) of the authorities in the Federal Republic of Yugoslavia (Serbia and Montenegro), or (b) of commercial, industrial or public utility undertakings in the Federal Republic of Yugoslavia (Serbia and Montenegro), or (c) controlled directly or indirectly by such authorities or undertakings or by entities, wherever located or organised, owned or controlled by such authorities or undertakings, shall require all persons and entities within their own territories holding such funds to freeze them to ensure that they are not made available directly or indirectly to or for the benefit of the authorities in the Federal Republic of Yugoslavia (Serbia and Montenegro) or to any commercial, industrial or public utility undertaking in the Federal Republic of Yugoslavia (Serbia and Montenegro), andcalls onall States to report to the Committee ... ... ... ...on actions taken pursuant to this paragraph;
22. Decidesto prohibit the transport of all commodities and products across the land borders or to or from the ports of the Federal Republic of Yugoslavia (Serbia and Montenegro), the only exceptions being:
(a)The importation of medical supplies and foodstuffs into the Federal Republic of Yugoslavia (Serbia and Montenegro) as provided for in resolution 757 (1992), in which connection the Committee ... ... ... ...will draw up rules for monitoring to ensure full compliance with this and other relevant resolutions;
(b)The importation of other essential humanitarian supplies into the Federal Republic of Yugoslavia (Serbia and Montenegro) approved on a case-by-case basis under the no-objection procedure by the Committee ... ... ... ...
(c)Strictly limited trans-shipments through the territory of the Federal Republic of Yugoslavia (Serbia and Montenegro), when authorised on an exceptional basis by the Committee… provided that nothing in this paragraph shall affect trans-shipment on the Danube in accordance with paragraph 15 above;
23. Decidesthat each State neighbouring the Federal Republic of Yugoslavia (Serbia and Montenegro) shall prevent the passage of all freight vehicles and rolling stock into or out of the Federal Republic of Yugoslavia (Serbia and Montenegro), except at a strictly limited number of road and rail border crossing points, the location of which shall be notified by each neighbouring State to the Committee ... ... ... ...and approved by the Committee.
24. Decidesthat all States shall impound all vessels, freight vehicles, rolling stock and aircraft in their territories in which a majority or controlling interest is held by a person or undertaking in or operating from the Federal Republic of Yugoslavia (Serbia and Montenegro) and that these vessels, freight vehicles, rolling stock and aircraft may be forfeit to the seizing State upon a determination that they have been in violation of resolutions 713 (1991), 757 (1992), 787 (1992) or the present resolution;
25. Decidesthat all States shall detain pending investigation all vessels, freight vehicles, rolling stock, aircraft and cargoes found in their territories and suspected of having violated or being in violation of resolutions 713 (1991), 757 (1992), 787 (1992) or the present resolution, and that, upon a determination that they have been in violation, such vessels, freight vehicles, rolling stock and aircraft shall be impounded and, where appropriate, they and their cargoes may be forfeit to the detaining State;
26. Confirmsthat States may charge the expense of impounding vessels, freight vehicles, rolling stock and aircraft to their owners;
27. Decidesto prohibit the provision of services, both financial and non-financial, to any person or body for purposes of any business carried on in the Federal Republic of Yugoslavia (Serbia and Montenegro) the only exceptions being telecommunications, postal services, legal services consistent with resolution 757 (1992) and, as approved, on a case-by-case basis by the Committee ... ... ... ..., services whose supply may be necessary for humanitarian or other exceptional purposes;
28. Decidesto prohibit all commercial maritime traffic from entering the territorial sea of the Federal Republic of Yugoslavia (Serbia and Montenegro) except when authorised on a case-by-case basis by the Committee ... ... ... ...or in case offorce majeure;
30. Confirmsthat the provisions set forth in paragraphs 12 to 29 above, strengthening the implementation of the measures imposed by its earlier relevant resolutions, do not apply to activities related to UNPROFOR, the International Conference on the Former Yugoslavia or the European Community Monitor Mission;”.
Article 15
SCHEDULE 2EVIDENCE AND INFORMATION
1.—(1) Without prejudice to any other provision of this Order, or any provision of another law, the Treasury (or any person authorised by it for that purpose either generally or in a particular case) may request any person in or resident in the Isle of Man to furnish to it (or to that authorised person) any information in his possession or control, or to produce to it (or that authorised person) any document in his possession or control, which it (or that authorised person) may require for the purpose of securing compliance with or detecting evasion of this Order or detecting violation of the United Nations resolutions; and any person to whom such a request is made shall comply with it within such time and in such manner as may be specified in the request.
(2) Nothing in the foregoing sub-paragraph shall be taken to require any person who has acted as advocate for any person to disclose any privileged communication made to him in that capacity.
(3) Where a person is convicted of failing to furnish information or produce a document when requested to do so under this paragraph, the court may make an order requiring him, within such period as may be specified in the order, to furnish the information or produce the document.
(4) The power conferred by this paragraph to request any person to produce documents shall include power to take copies of or extracts from any document so produced and to request that person or, where that person is a body corporate, any other person who is a present or past officer of, or is employed by, the body corporate, to provide an explanation of any of them.
2.—(1) If any justice of the peace is satisfied by information given on oath by any constable or person authorised by the Treasury to act for the purposes of this paragraph either generally or in a particular case:
(a)that there is reasonable ground for suspecting that an offence under this Order or, with respect to any of the matters regulated by this Order, an offence under any enactment relating to customs has been or is being committed and that evidence of the commission of the offence is to be found on any premises specified in the information, or in any ship, goods vehicle or aircraft so specified; or
(b)that any document which ought to have been produced under paragraph 1 of this Schedule and have not been produced are to be found on any such premises or in any such ship, goods vehicle or aircraft,
he may grant a search warrant authorising any constable, together with any other persons named in the warrant and any other constables, to enter the premises specified in the information or, as the case may be, any premises upon which the ship, goods vehicle or aircraft so specified may be, at any time within one month from the date of the warrant and to search the premises, or as the case may be, the ship, goods vehicle or aircraft.
(2) A person authorised by any such warrant as aforesaid to search any premises or any ship, goods vehicle or aircraft may search every person who is found in, or whom he has reasonable ground to believe to have recently left or to be about to enter, those premises or that ship, goods vehicle or aircraft and may seize any document or article found on the premises or in the ship, goods vehicle or aircraft or on such person which he has reasonable ground to believe to be evidence of the commission of any such offence as aforesaid or any documents which he has reasonable ground to believe ought to have been produced under paragraph 1 of this Schedule or to take in relation to any such article or document any other steps which may appear necessary for preserving it and preventing interference with it:
Provided that no person shall, in pursuance of any warrant issued under this paragraph, be searched except by a person of the same sex.
(3) Where, by virtue of this paragraph, a person is empowered to enter any premises, ship, goods vehicle or aircraft he may use such force as is reasonably necessary for that purpose.
(4) Any documents or articles of which possession is taken under this paragraph may be retained for a period of three months or, if within that period there are commenced any proceedings for such an offence as aforesaid to which they are relevant, until the conclusion of those proceedings.
3. A person authorised by the Treasury to exercise any power for the purposes of this Schedule shall, if requested to do so, produce evidence of his authority before exercising that power.
4. No information furnished or document produced (including any copy of or extract made of any document produced) by any person in pursuance of a request made under this Schedule and no document seized under paragraph 2(2) of this Schedule shall be disclosed except–
(a)with the consent of the person by whom the information was furnished or the document was produced or the person from whom the document was seized:
Provided that a person who has obtained information or is in possession of a document only in his capacity as servant or agent of another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or to the possession of that document in his own right; or
(b)to any person who would have been empowered under this Schedule to request that it be furnished or produced or to any person holding or acting in any office under or in the service of the Crown in respect of the Government of the United Kingdom or under or in the service of the Government of the Isle of Man; or
(c)on the authority of the Treasury, to any organ of the United Nations or to any person in the service of the United Nations or to the Government of any other country for the purpose of assisting the United Nations or that Government in securing compliance with or detecting evasion of measures in relation to Serbia and Montenegro decided upon by the Security Council of the United Nations; or
(d)with a view to the institution of, or otherwise for the purposes of, any proceedings for an offence under this Order or, with respect to any of the matters regulated by this Order, for an offence under any enactment relating to customs.
5. Any person 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 by any person who is empowered to make it; or
(b)wilfully furnishes false information or a false explanation to any person exercising his powers under this Schedule; or
(c)otherwise wilfully obstructs any person in the exercise of his powers under this Schedule; or
(d)with intent to evade the provisions of this Schedule, destroys, mutilates, defaces, secretes or removes any document,
Article 10(3)
SCHEDULE 3DATE AND NOTIFICATION OF HEARINGS
1.—(1) The Treasury shall give no less than 28 days' notice to any person who has requested a hearing of the date, time and place fixed for the hearing unless such a person agrees to a lesser period of notice being given.
(2) The Treasury may vary the date, time and place fixed for the hearing and shall give such notice of any such variations as appears to them to be reasonable.
Documents and other evidence
2.—(1) A person intending to appear at a hearing shall send a copy of any documents to which he proposes to refer at the hearing and any proof of evidence which he proposes to read or have read by a witness at the hearing to the Treasury not later than 14 days before the date fixed for the hearing.
(2) The Treasury shall send a copy of any document or proof of evidence received from a person intending to appear at a hearing to such other persons intending to appear at a hearing as in their view have an interest in the contents thereof.
3.—(1) A hearing shall be conducted by the Treasury who shall, subject as provided in this article, determine the procedure at the hearing.
(2) A hearing shall be conducted in private.
(3) The Treasury may hold a single hearing or may hold separate hearings at which specific persons or classes of person concerned with particular matters may appear.
(4) At a hearing a person may appear on his own behalf or be represented by an advocate or any other person, and may give or produce oral and written evidence and may cross-examine any other person appearing at the same hearing and any witnesses produced by any such person.
(5) The Treasury may take into account any document or any other written evidence received by him from any person intending to appear at a hearing before a hearing is held or during the hearing provided that he disclose it to such other persons intending to appear at or appearing at the hearing as in his view have an interest in the contents thereof.
(6) The Treasury may from time to time adjourn a hearing and, if the date, time and place of the adjourned hearing are announced at the hearing before the adjournment, no further notice shall be required.
(7) Where a hearing has been held the Treasury may, if it thinks fit, cause or require a further hearing to be held to afford an opportunity for persons to be heard on such matters relating to the subject matter of the hearing as it may specify and it shall send to the persons who made written representations or appeared at the previous hearing a written statement of those specified matters.
(8) In this Schedule references to a hearing include a further hearing.
Explanatory Note
(This note is not part of the Order)
This Order, made under the United Nations Act 1946, gives effect in the Isle of Man to certain provisions of a decision of the Security Council of the United Nations in Resolution No. 820 of 17th April 1993. It provides for the impounding of ships, goods vehicles and aircraft which are majority owned or effectively controlled by persons connected with Serbia and Montenegro or which are determined to have been operated or used in violation of relevant Security Council Resolutions, and for the forfeiture of any such ships, vehicles, aircraft or their cargo where they have been determined to be in violation of those Resolutions. The Order restricts the provision of services for the purposes of any business carried on in Serbia or Montenegro. It also prohibits the entry of Isle of Man registered and certain other commercial ships into the territorial sea of Montenegro.
1982 c. 16, as applied to the Isle of Man by virtue of an Order under section 11 of the Airports and Civil Aviation Act 1987 (an Act of Tynwald).
S.I. 1992/1302.