The Burma (Restrictive Measures) (Overseas Territories) Order 2009

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—

“aircraft” means a fixed wing, swivel wing, rotary wing, tilt rotor or tilt wing airborne vehicle or helicopter;

“assistance” means any form of assistance including technical assistance, services, financing and financial assistance;

“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;

“document” includes information recorded in any form, and in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;

“economic resources” means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but may be used to obtain funds, goods or services;

“export” includes shipment as stores;

“exportation” in relation to any ship, submersible vehicle or aircraft, includes the taking out of the Territory 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;

“financing and financial assistance” in relation to the provision of assistance related to restricted goods includes financing or financial assistance for any sale, supply, transfer or export of restricted goods;

“funds” means financial assets and benefits of every kind, including (but not limited to)—

(a)

cash, cheques, claims on money, drafts, money orders and other payment instruments;

(b)

deposits with relevant institutions or other entities, balances on accounts, debts and debt obligations;

(c)

publicly and privately traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts;

(d)

interest, dividends or other income on or value accruing from or generated by assets;

(e)

credit, rights of set-off, guarantees, performance bonds or other financial commitments;

(f)

letters of credit, bills of lading, bills of sale;

(g)

documents providing evidence of an interest in funds or financial resources;

“Gazette” means the official gazette of a Territory or any other form in which official information is normally made available in that Territory;

“Governor” means the Governor or other officer administering the Government of the Territory;

“listed enterprise” means any person listed in Annex V or VII (as modified from time to time) to the Regulation or a person identified in a direction by the Governor under article 15(6);

“listed person” means any person listed in Annex VI (as modified from time to time) to the Regulation or a person identified in a direction by the Governor under article 13(1);

“master”, in relation to a ship, includes any person (other than a pilot) for the time being in charge of the ship;

“operator”, in relation to an aircraft or vehicle, means the person for the time being having the management of the aircraft or the vehicle;

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

“person” means any natural or legal person, entity or body;

“prohibited imports” means the goods listed in Annex 1 (as modified from time to time) to the Regulation in the circumstances set out in article 8(1)(a), (b) or (c) of this Order;

“purchase”, “import” or “transport” includes where use is made of any ship, aircraft or vehicle to which article 7 of this Order applies;

“the Regulation” means Council Regulation (EC) No. 194/2008(1) adopted by the Council of the European Union on 25th February 2008 which came into force on 10 March 2008 (the date of its publication) concerning certain restrictive measures in respect of Burma, as amended from time to time;

“relevant institution” means—

(a)

the person or body responsible for carrying out in the Territory the functions of a monetary authority;

(b)

any person who may lawfully accept deposits in or from within the Territory by way of business; or

(c)

any society established lawfully in the Territory whose principal purpose is the making of loans secured on residential property where such loans are funded substantially by its members;

“restricted goods” means the goods, software and technology specified in Part I of Schedule 1 to the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003(2) made under the Export Control Act 2002(3) as extended to the territories listed in Schedule 1 thereto by the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) (Overseas Territories) Order 2004(4), equipment that might be used for internal repression as listed in Annex II (as modified from time to time) to the Regulation or the goods and technology listed in Annex III (as modified from time to time) to the Regulation.

“ship” includes every description of vessel used in navigation;

“shipment” includes loading into an aircraft;

“stores” means goods for use in a ship or aircraft and includes fuel and spare parts and other articles of equipment, whether or not for immediate fitting, but excludes any goods for use in a ship or aircraft as merchandise for sale by retail to persons carried therein;

“Supreme Court” means the court of the Territory having unlimited jurisdiction in civil proceedings;

“the 2004 Order” means the Burma (Restrictive Measures) (Overseas Territories) Order 2004(5) as amended by the Burma (Restrictive Measures) (Overseas Territories) (Amendment) Order 2004(6) and by the Judicial Proceedings in Specified Overseas Territories (Restrictive Measures) Order 2009(7);

“vehicle” means land transport vehicle.

(2) For the purpose of the definition of “relevant institution” in paragraph (1)—

(a) the activity of accepting deposits has the meaning given in any relevant order made under section 22 of the Financial Services and Markets Act 2000(8); and

(b) a person is not regarded as accepting deposits by way of business if—

(i) the person does not hold themself out as accepting deposits on a day to day basis, and

(ii) any deposits which they accept are accepted only on particular occasions, whether or not involving the issue of any securities.

(3) In determining for the purposes of paragraph (2)(b)(ii) whether deposits are accepted only on particular occasions, regard is to be had to the frequency of those occasions and to any characteristics distinguishing them from each other.

(1)

O.J. L 66, 10.3.2008, p.1. Regulation as amended by Commission Regulation (EC) No 747/2009 (O.J. L 212, 14.8.2009, p.10).

(2)

S.I. 2003/2764 as amended by S.I. 2004/1050, 2004/2561, 2004/2741.

(3)

2002 c. 28.

(4)

S.I. 2004/3101 as amended by S.I. 2009/888.

(5)

S.I. 2004/1979.

(6)

S.I. 2004/3333.

(7)

S.I. 2009/888.

(8)

2000 c. 8.