The United Nations Arms Embargoes (Somalia, Liberia and Rwanda) (Isle of Man) Order 1996

Interpretation

2.—(1) In this Order the following expressions have the meanings hereby respectively assigned to them, that is to say—

“body corporate” includes a limited liability company constituted under the Limited Liability Companies Act 1996 (an Act of Tynwald) and, in relation to such a company, any reference to a director or other officer of a body corporate is a reference to a member and to the company’s manager and registered agent;

“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 in charge or command of the aircraft;

“custody” means custody within the meaning of the Custody Act 1995 (an Act of Tynwald);

“enactment” includes an Act of Tynwald and any provision contained in such an Act;

“export” includes shipment as stores and, in relation to any ship, submersible vehicle or aircraft, includes the taking out of the Isle of Man of the ship, submersible vehicle or aircraft notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;

“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 an aircraft or vehicle, means the person for the time being having the management of the aircraft or vehicle;

“owner”, where the owner of a ship is not the operator, means the operator and any person to whom it is chartered;

“person connected with a prohibited destination” means—

(a)

the Government of any territory comprised within a prohibited destination;

(b)

any other person in, or resident in, a prohibited destination;

(c)

any body incorporated or constituted under the law of any part of a prohibited destination;

(d)

any body, wherever incorporated or constituted, which is controlled by a person or body mentioned in any of sub-paragraphs (a) to (c) above; and

(e)

any person acting on behalf of any person or body mentioned in any of sub-paragraphs (a) to (d) above;

“prohibited destination” means Somalia, Liberia or Rwanda;

“prohibited goods” means—

(a)

goods of a description specified in Group 1 of Part III of Schedule 1 to the Export of Goods (Control) Order 1994(1); and

(b)

goods which are or may be intended, wholly or in part, to be used in connection with the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or the development, production, maintenance or storage of missiles capable of delivering such weapons;

“ship” has the meaning it bears in section 313 of the Merchant Shipping Act 1995(2);

“shipment” (and cognate expressions) and “stores” have the meanings they bear in the Customs and Excise Management Act 1986 (an Act of Tynwald);

“the Treasury” means the Isle of Man Treasury, a department of the Government of the Isle of Man.

(2) Any reference to a provision of an Act of Parliament or to a statutory instrument shall, in the case of a provision which has been extended to the Isle of Man, be construed as a reference to that provision as it has effect there and, in any other case, be construed as a reference to that provision as it has effect in the United Kingdom.

(1)

S.I. 1994/1191.

(2)

1995 c. 21.