The Serbia and Montenegro (United Nations Sanctions) (Isle of Man) Order 1993

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.