The Libya (United Nations Sanctions) Order 1993

Application of Articles 3, 5, 6, 7, 8, 9, 10, 11, 12 and 13

14.—(1) The provisions of Articles 3, 5, 6, 7, 8, 9, 10, 11, 12 and 13 of this Order shall apply to any person within the United Kingdom and to any person elsewhere who—

(a) is a British citizen, a British Dependent Territories citizen, a British overseas citizen, a British subject, or a British protected person; or

(b) is a body incorporated or constituted under the law of any part of the United Kingdom.

(2) Subject to the provisions of paragraphs (3) to (14) of this article, any person specified in paragraph (1) of this article who contravenes the provisions of Articles 3, 5, 6, 7, 8, 9, 10, 11, 12 or 13 of this Order shall be guilty of an offence under this Order.

(3) In the case of proceedings for an offence in contravention of Article 3 of this Order it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the goods in question were to be supplied or delivered to or to the order of a person connected with Libya.

(4) In the case of proceedings for an offence in contravention of Article 5 of this Order it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the transaction in question was for the transfer to, or the use of the right in question by, a person connected with Libya or that the right in question was to be transferred or used for or in connection with the manufacture or maintenance of goods specified in Part A or Part D, as the case may be, of Schedule 1 to this Order.

(5) In the case of proceedings for an offence in contravention of Article 6(a) of this Order it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the advice, assistance or training was being provided to a person connected with Libya or that it related to the supply, delivery, manufacture, maintenance or use of any goods specified in part A of Schedule 1 to this Order.

(6) In the case of proceedings for an offence in contravention of Article 6(b) of this Order it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the advice, assistance or training was being provided to a Libyan national.

(7) In the case of proceedings for an offence in contravention of Article 7 of this Order in relation to a Libyan aircraft or components thereof it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the aircraft was a Libyan aircraft or that the component was part of such an aircraft.

(8) In the case of proceedings for an offence in contravention of Article 8 of this Order it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that that aircraft was a Libyan aircraft or that the machinery, tackle, furniture or equipment was part of such an aircraft.

(9) In the case of proceedings for an offence in contravention of Article 9(2)(a) of this Order it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the carriage of persons or goods was by a person connected with Libya.

(10) In the case of proceedings for an offence in contravention of Article 9(2)(c) of this Order it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that he had made any payment to or received any payment from Libyan Arab Airlines.

(11) In the case of proceedings for an offence in contravention of Article 10 of this Order it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the services were for the maintenance of an airfield in Libya or facilities and equipment on or associated with the airfield or that they were not for the maintenance of emergency equipment or equipment directly related to civilian air traffic control.

(12) In the case of proceedings for an offence in contravention of Article 11 of this Order it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the purpose was to make available the aircraft or component for operation in Libya.

(13) In the case of proceedings for an offence in contravention of Article 13(1)(a) of this Order, it shall be a defence for the accused person to prove that—

(a) he did not know and had no reason to suppose that payment was made to or to the order of a person connected with Libya; or

(b) (i) he did not know and had no reason to suppose that the bond was given in respect of a contract the performance of which was unlawful by virtue of this order; and

(ii) he made all reasonable enquiries to ascertain whether the bond was given in respect of such a contract.

(14) In the case of proceedings for an offence in contravention of Article 13(1)(b) of this Order, it shall be a defence for the accused person to prove that—

(a) he did not know and had no reason to suppose that payment under the bond was or would be to or to the order of a person connected with Libya; or

(b) (i) he did not know and had no reason to suppose that the bond was given in respect of a contract the performance of which was unlawful by virtue of this Order; and

(ii) he made all reasonable enquiries to ascertain whether the bond was given in respect of such a contract:

• Provided that sub-paragraph (b) shall not apply where the accused person is a party to the contract in respect of which the bond was given.