The Syria (Restrictive Measures) (Overseas Territories) Order 2012

General

Failure to disclose knowledge or suspicion

41.—(1) If a relevant institution knows or suspects that a relevant person—

(a) is a designated person, or

(b) has committed an offence under articles 25, 26, 27, 28, 29, 32 or 34,

it must disclose to the Governor the information or other matter specified in paragraph (2) as soon as reasonably practicable after that information or other matter comes to its attention.

(2) When making a disclosure to the Governor under paragraph (1), a relevant institution must state—

(a) the information or other matter on which the knowledge or suspicion is based,

(b) any information it holds about the relevant person by which the person can be identified, and

(c) if the relevant person is a listed person, the nature and amount or quantity of any funds or economic resources held by the relevant institution for that person since the person first became a listed person.

(3) A relevant institution must inform the Governor without delay if it credits a frozen account in accordance with article 31(1)(b) or (2).

(4) A relevant institution commits an offence if it fails to comply with a requirement in paragraph (1), (2) or (3).

(5) In this paragraph “relevant person” means—

(a) a customer of a relevant institution,

(b) a person who has been a customer of a relevant institution at any time on or after the date on which this Order comes into force and has ceased to be a customer, or

(c) a person with whom a relevant institution has had dealings in the course of business on or after that date.

(6) Where a relevant institution discloses to the Governor—

(a) its knowledge or suspicion that a person is a listed person or a person who has committed an offence under article 25, 26, 27, 28, 29, 32 or 34, or

(b) any information or other matter on which that knowledge or suspicion is based, or

(c) any other information pursuant to paragraph (2),

the disclosure is not to be treated as a breach of any restriction imposed by statute or otherwise.

Evidence and information

42.  Schedule 5 (which contains further provisions about obtaining evidence and information) has effect.

Penalties

43.—(1) A person guilty of an offence under article 4, 5, 6, 7, 9(1)(a) to (c), 10(1)(a), 12(1)(a), 13, 14(a), 15, 16(1)(a) or 18 is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine or to both; or

(b) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent or to both.

(2) A person guilty of an offence under article 9(1)(d) to (f), 10(1)(b) to (d), 11, 12(1)(b) or (c), 14(b) or (c), 16(1)(b), 17, 21(5)(c), 23(4)(b), 25, 26, 27, 28, 29, 32, 36, 37, 38, 39, 40 or paragraph 4(b) or (d) of Schedule 5 is liable—

(a) on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both; or

(b) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent or to both.

(3) A person guilty of an offence under article 20(2)(b), 22(4)(b), 34 or 41 is liable—

(a) on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both; or

(b) on summary conviction to a fine not exceeding £5,000 or its equivalent or to both.

(4) A person guilty of an offence under article 21(5)(a), (b) or (d), 22(4)(a) or (c), 23(4)(a) or (c) or 24 is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent or to both.

(5) A person guilty of an offence under article 19(3), 20(2)(a) or 20(5) is liable on summary conviction to a fine not exceeding £5,000 or its equivalent.

(6) If an offence committed by a body corporate is shown—

(a) to have been committed with the consent or connivance of an officer of the body corporate, or

(b) to be attributable to any neglect on the part of an officer of the body corporate,

the officer as well as the body corporate is guilty of an offence and is liable to be proceeded against and punished accordingly.

(7) This article applies—

(a) to the Sovereign Base Areas of Akrotiri and Dhekelia as set out in Schedule 2;

(b) to the Falkland Islands and South Georgia and the South Sandwich Islands subject to the modification set out in Schedule 3;

(c) to St Helena, Ascension and Tristan da Cunha as set out in Schedule 4.

Proceedings

44.—(1) Proceedings against any person for an offence may be taken before the appropriate court in the Territory having jurisdiction in the place where that person is for the time being.

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

(3) No proceedings for an offence may be instituted in the Territory except by or with the consent of the principal public officer of the Territory having responsibility for criminal prosecutions.

(4) Irrespective of whether such consent has been obtained, paragraph (3) does not prevent—

(a) the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or

(b) the remand in custody or on bail of any person charged with such an offence.

(5) In this article, “offence” means an offence under this Order.

(6) This article applies to the Sovereign Base Areas of Akrotiri and Dhekelia as set out in Schedule 2.

Functions of the Governor

45.—(1) The Governor may, to such extent and subject to such restrictions and conditions as the Governor thinks proper, delegate or authorise the delegation of any of the Governor’s powers under this Order to any person, or class or description of persons.

(2) References in this Order to the Governor are to be construed accordingly.

(3) The Governor may by regulations specify in the currency of the Territory the amount which is to be taken as equivalent to sums expressed in sterling in this Order.

Miscellaneous

46.  Any provision of this Order which makes it an offence to act except under the authority of a licence granted by the Governor does not have effect if—

(a) the act is done anywhere other than the Territory, and

(b) the act is done under the authority of a licence granted in accordance with the law in force in the place where it is done corresponding to the provisions of this Order.

Liability

47.  No liability will arise for any person concerned in the freezing of funds or economic resources in accordance with article 25 unless it is proved that the funds or economic resources were frozen or withheld as a result of negligence.

Revocation

48.  The Syria (Restrictive Measures) (Overseas Territories) Order 2011(1) is revoked.

(1)

S.I. 2011/1678.