The Haiti (United Nations Sanctions)(Isle of Man) Order 1993

Citation, commencement, operation and extent

1.—(1) This Order may be cited as the Haiti (United Nations Sanctions) (Isle of Man) Order 1993 and shall come into force on 22nd July 1993.

(2) If, after the making of this Order, the Security Council of the United Nations takes a decision which has the effect of cancelling or suspending the operation of the resolution adopted by it on 16th June 1993, this Order shall cease to have effect or its operation shall be suspended, as the case may be, in accordance with that decision; and particulars of that decision shall be published by the Secretary of State in a notice in the London, Edinburgh and Belfast Gazettes.

(3) This Order shall extend, as part of the law therein, to the Isle of Man only.

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—

“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;

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

“export” includes shipment as stores;

“exportation”, in relation to any vessel, submersible vehicle or aircraft, includes the taking out of the Isle of Man of the vessel, 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 that 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 Haiti” means—

(i)

any person or body exercising for the time being public functions in Haiti;

(ii)

any other person in, or resident in, Haiti;

(iii)

any body incorporated or constituted under the law of Haiti;

(iv)

any body, wherever incorporated or constituted, which is controlled by any of the persons or bodies mentioned in sub-paragraphs (i) to (iii) above;

(v)

any person acting on behalf of any of the above mentioned persons or bodies;

“ship” has the meaning it bears in section 742 of the Merchant Shipping Act 1894(1);

“shipment” includes loading onto 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, and any goods for use as merchandise for sale by retail to persons carried therein;

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

“vehicle” means land transport vehicle and includes a barge;

“vessel” has the meaning it bears in the Export of Goods (Control) Order 1992(2);

(2) Any reference to a provision of an Act of Parliament 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.

Supply of certain goods to Haiti

3.—(1) Except under the authority of a licence granted under this article by the Treasury no person shall—

(a) supply or deliver;

(b) agree to supply or deliver; or

(c) do any act calculated to promote the supply or delivery of,

any goods specified in Schedule 1 to this Order to or to the order of a person connected with Haiti.

(2) Nothing in paragraph (1)(b) or (c) above shall apply where the supply or delivery of the goods to the person concerned is authorised by a licence granted by the Treasury under this article.

Exportation of certain goods to Haiti

4.  Except under the authority of a licence granted under this article by the Treasury the goods specified in Schedule 1 to this Order are prohibited to be exported from the Isle of Man to any destination in Haiti or to any destination for the purpose of delivery, directly or indirectly, to or to the order of any person connected with Haiti.

Carriage of goods destined for Haiti

5.—(1) Without prejudice to the generality of article 3, and except under the authority of a licence granted under this article by the Treasury, no ship or aircraft to which this article applies and no vehicle within the Isle of Man shall be used for the carriage of any goods specified in Schedule 1 to this Order if the carriage is, or forms part of, carriage from any place outside Haiti to any destination therein, or to any person connected with Haiti.

(2) This article applies to ships registered in the Isle of Man, to aircraft registered in the United Kingdom and to any other ship or aircraft that is for the time being chartered to any person who is—

(a) a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject or a British protected person and is ordinarily resident in the Isle of Man, or

(b) a body incorporated or constituted under the law of the Isle of Man.

(3) If any ship, aircraft or vehicle is used in contravention of paragraph (1) above, then—

(a) in the case of a ship registered in the Isle of Man or any aircraft registered in the United Kingdom, the owner and master of the ship or, as the case may be, the operator and the commander of the aircraft;

(b) in the case of any other ship or aircraft, the person to whom the ship or aircraft is for the time being chartered and, if he is such a person as is referred to in sub-paragraph (a) or (b) of paragraph (2) above, the master of the ship or, as the case may be, the operator and the commander of the aircraft; or

(c) in the case of a vehicle, the operator of the vehicle,

shall be guilty of an offence under this Order unless he proves that he did not know and had no reason to suppose that the carriage of the goods in question was, or formed part of, carriage from any place outside Haiti to any destination therein or to any person connected with Haiti.

(4) Nothing in paragraph (1) above shall apply where the supply or delivery or exportation from the Isle of Man of the goods concerned to Haiti was authorised by a licence granted by the Treasury under article 3 or article 4.

(5) Nothing in this article shall be construed so as to prejudice any other provision of law prohibiting or restricting the use of ships, aircraft or vehicles.

Assets of Haiti

6.—(1) Except with permission granted by the Treasury, no person shall—

(a) make any payment or part with any gold, securities or investments; or

(b) make any change in the persons to whose credit any sum is to stand or to whose order any gold, securities or investments are to be held,

where any such action is action to which this article applies.

(2) This article applies to action which is likely to make available to or for the benefit of any persons or bodies exercising for the time being public functions in Haiti any funds or other financial or economic resources, whether by their removal from the Isle of Man or otherwise, or otherwise to remit or transfer funds or other such resources to or for the benefit of such persons or bodies.

(3) Any permission granted by the Treasury under this article may be granted absolutely or subject to conditions and may be varied or revoked at any time by the Treasury.

(4) In this article—

(a) “gold”, “payment” and “securities” shall have the meanings they bear in section 2 of the Emergency Laws (Re-enactment and Repeals) Act 1964(3); and

(b) “investments” means any asset, right or interest falling within any paragraph of Part 1 of Schedule 1 to the Financial Services Act 1986(4) which is not a security.

Application of Articles 3 and 6

7.—(1) The provisions of articles 3 and 6 shall apply to any person within the Isle of Man 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 and is ordinarily resident in the Isle of Man, or

(b) is a body incorporated or constituted under the law of the Isle of Man.

(2) Subject to the provisions of paragraphs (3) below, any person specified in paragraph (1) above who contravenes the provisions of articles 3 or 6 shall be guilty of an offence under this Order.

(3) In the case of proceedings for an offence in contravention of article 3 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 Haiti.

Powers to demand evidence of destination which goods reach

8.  Any exporter or any shipper of goods specified in Schedule 1 to this Order which have been exported from the Isle of Man shall, if so required by the Treasury, furnish within such time as it may allow proof to its satisfaction that the goods have reached either—

(a) a destination to which they were authorised to be exported by a licence granted under this Order, or

(b) a destination to which their exportation was not prohibited by this Order,

and if he fails to do so, he shall be guilty of an offence under this Order unless he proves that he did not consent to or connive at the goods reaching any destination other than such a destination as aforesaid.

Offences in connection with applications for licences, conditions attaching to licences, etc.

9.—(1) If for the purpose of obtaining any licence or permission under this Order any person makes any statement or furnishes any document or information which to his knowledge is false in a material particular or recklessly makes any statement or furnishes any document or information which is false in a material particular he shall be guilty of an offence under this Order.

(2) Any person who has done any act under the authority of a licence or permission granted by the Treasury under this Order and who fails to comply with any condition attaching to that licence or permission shall be guilty of an offence under this Order:

• Provided that no person shall be guilty of an offence under this paragraph where he proves that the condition with which he failed to comply was modified, otherwise than with his consent, by the Treasury after the doing of the act authorised by the licence or permission.

Declaration as to goods: powers of search

10.—(1) Any person who is about to leave the Isle of Man shall, if he is required to do so by an officer of Customs and Excise—

(a) declare whether or not he has with him any goods specified in Schedule 1 to this Order which are destined for Haiti or for delivery, directly or indirectly, to or to the order of a person connected with Haiti; and

(b) produce any such goods as aforesaid which he has with him,

and such officer, and any person acting under his directions, may search that person for the purpose of ascertaining whether he has with him any such goods as aforesaid:

Provided that no person shall be searched in pursuance of this paragraph except by a person of the same sex.

(2) Any person who without reasonable excuse refuses to make a declaration, fails to produce any goods or refuses to allow himself to be searched in accordance with the foregoing provisions of this article shall be guilty of an offence under this Order.

(3) Any person who under the provisions of this article makes a declaration which to his knowledge is false in a material particular or recklessly makes any declaration which is false in a material particular shall be guilty of an offence under this Order.

Investigation, etc. of suspected ships, aircraft and vehicles

11.—(1) Where any authorised officer, that is to say, any such officer as is referred to in section 692(1) of the Merchant Shipping Act 1894, has reason to suspect that any ship to which article 5 applies has been or is being operated or used in contravention of article 5(1), he may (either alone or accompanied and assisted by persons under his authority) board the ship and search her and, for that purpose, may request the master of the ship to furnish such information relating to the ship and her cargo and produce for his inspection such documents so relating and such cargo as he may specify; and an authorised officer (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of such a request) may, in the case of a ship that is reasonably suspected of being operated or used in contravention of article 5(1), exercise the following further powers with a view to the prevention of the commission (or the continued commission) of any such violation or in order that enquiries into the matter may be pursued, that is to say, he may either direct the master to refrain, except with the consent of any authorised officer, from landing at any port specified by the officer any part of the ship’s cargo that is so specified or request the master to take any one or more of the following steps—

(a) to cause the ship not to proceed with the voyage on which she is then engaged or about to engage until the master is notified by any authorised officer that the ship may so proceed;

(b) if the ship is then in a port in the Isle of Man to cause her to remain there until the master is notified by any authorised officer that the ship may depart;

(c) if the ship is then in any other place, to take her to any such port specified by the officer and to cause her to remain there until the master is notified as mentioned in sub-paragraph (b) above; and

(d) to take her to any other destination that may be specified by the officer in agreement with the master,

and the master shall comply with any such request or direction.

(2) Without prejudice to the provisions of paragraph (10) below, where a master refuses or fails to comply with a request made under this article that his ship shall or shall not proceed to or from any place or where an authorised officer otherwise has reason to suspect that such a request that has been so made may not be complied with, any such officer may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose enter upon, or authorise entry upon, that ship and use, or authorise the use of, reasonable force.

(3) Where any officer of Customs or Excise or any person authorised by the Treasury for that purpose either generally or in a particular case has reason to suspect that any aircraft to which article 5 applies has been or is being used in contravention of article 5(1), that officer or authorised person may request the charterer, the operator and the commander of the aircraft or any of them to furnish such information relating to the aircraft and its cargo and produce for his inspection such documents so relating and such cargo as he may specify, and that officer or authorised person may (either alone or accompanied and assisted by persons under his authority) board the aircraft and search it and its cargo and, for that purpose, may use or authorise the use of reasonable force; and any such officer or authorised person (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of such a request) may further request the charterer, operator and the commander or any of them to cause the aircraft and its cargo to remain in the Isle of Man unless and until notified that the aircraft and its cargo may depart, and the charterer, the operator and the commander shall comply with any such request.

(4) Without prejudice to the provisons of paragraph (10) below, where any such officer or authorised person as is referred to in paragraph (3) above has reason to suspect that any request that an aircraft should remain in the Isle of Man that has been made under paragraph (3) above may not be complied with, that officer or authorised person may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose—

(a) enter, or authorise entry, upon any land and upon that aircraft;

(b) detain, or authorise the detention of, that aircraft and its cargo; and

(c) use, or authorise the use of, reasonable force.

(5) Where any officer of Customs and Excise or any person authorised by the Treasury for that purpose either generally or in a particular case has reason to suspect that any vehicle in the Isle of Man has been or is being or is about to be used in contravention of article 5(1), that officer or authorised person may request the operator and the driver of the vehicle or either of them to furnish such information relating to the vehicle and any goods contained in it and produce for his inspection such documents so relating and such cargoas he may specify, and that officer or authorised person may (either alone or accompaniedand assisted by persons under his authority) board the vehicle and search it and, for that purpose, may use or authorise the use of reasonable force; and any such officer or authorised person (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of such a request) may further request the driver to cause the vehicle and its cargo to remain in the Isle of Man unless and until notified that the vehicle and its cargo may depart, and the operator and the driver shall comply with any such request.

(6) Without prejudice to the provisions of paragraph (10) below, where any such officer or authorised person as is referred to in paragraph (5) above has reason to suspect that any request that a vehicle should remain in the Isle of Man that has been made under paragraph (5) above may not be complied with, that officer or authorised person may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose—

(a) enter, or authorise entry, upon any land and enter, or authorise entry of, that vehicle;

(b) detain, or authorise the detention of, that vehicle and its cargo; and

(c) use, or authorise the use of, reasonable force.

(7) A person authorised by the Treasury to exercise any power for the purposes of paragraphs (3), (4), (5) or (6) above shall, if requested to do so, produce evidence of his authority before exercising that power.

(8) No information furnished or document produced by any person in pursuance of a request made under this article shall be disclosed except—

(a) with the consent of the person by whom the information was furnished or the document was produced:

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;

(b) to any person who would have been empowered under this article 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;

(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 of 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 Haiti 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.

(9) Any power conferred by this article to request the furnishing of information or the production of a document or of cargo for inspection shall include a power to specify whether the information should be furnished orally or in writing and in what form and to specify the time by which and the place in which the information should be furnished or the document or cargo produced for inspection.

(10) Each of the following persons shall be guilty of an offence under this Order, that is to say—

(a) a master of a ship who disobeys any direction given under paragraph (1) above with respect to the landing of any cargo;

(b) a master of a ship, a charterer or an operator or a commander of an aircraft or an operator or a driver of a vehicle who—

(i) without reasonable excuse, refuses or fails within a reasonable time to comply with any request made under this article by any person empowered to make it, or

(ii) wilfully furnishes false information or produces false documents to such a person in response to such a request;

(c) a master or a member of a crew of a ship or a charterer or an operator or a commander or a member of a crew of an aircraft or an operator or a driver of a vehicle who wilfully obstructs any such person (or any person acting under the authority of any such person) in the exercise of his powers under this article.

(11) Nothing in this article shall be construed so as to prejudice any other provision of law conferring powers or imposing restrictions or enabling restrictions to be imposed with respect to ships, aircraft or vehicles.

Obtaining of evidence and information

12.  The provisions of Schedule 2 to this Order shall have effect in order to facilitate the obtaining of evidence and information for the purpose of securing compliance with or detecting evasion of this Order and in order to facilitate the obtaining of evidence of the commission of an offence under this Order or, with respect to any of the matters regulated by this Order, of an offence relating to customs.

Penalties and Proceedings

13.—(1) Any person guilty of an offence under article 5(3) or article 7(2) shall be liable—

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

(b) on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.

(2) Any person guilty of an offence under article 11(10)(b)(ii) or paragraph 5(b) or (d) of Schedule 2 shall be liable—

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

(b) on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.

(3) Any person guilty of an offence under article 9(1) or (2), or article 10(3), shall be liable—

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

(b) on summary conviction to a fine not exceeding the statutory maximum.

(4) Any person guilty of an offence under article 11(10)(a), (b)(i) or (c) or paragraph 5(a) or (c) of Schedule 2 shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.

(5) Any person guilty of an offence under article 8 or article 10(2) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(6) Where any body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(7) Notwithstanding anything in section 75(1) of the Summary Jurisdiction Act 1989 (an Act of Tynwald), a complaint relating to an offence under this Order which is triable by a court of summary jurisdiction may be heard if it is made at any time within 3 years after the commission of the offence and within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to his knowledge.

(8) For the purposes of this article—

(a) a certificate signed by or on behalf of the prosecutor as to the date on which such evidence as is referred to in paragraph (7) above came to his knowledge shall be conclusive evidence of that fact; and

(b) a certificate purporting to be so signed shall be presumed to be so signed unless the contrary is proved.

(9) Proceedings against any person for an offence under this Order may be taken before the appropriate court having jurisdiction in the Isle of Man.

(10) No proceedings for an offence under this Order, other than for a summary offence, shall be instituted except by the Treasury or by, or with the consent of, the Attorney General for the Isle of Man:

Provided that this paragraph shall not prevent the arrest of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.

Exercise of Powers

14.—(1) The Treasury may to such extent and subject to such restrictions and conditions as it may think proper, delegate or authorise the delegation of any of his powers under this Order (other than the power to give authority under Schedule 2 to this Order to apply for a search warrant) to any person, or class or description of persons, approved by him, and references in this Order to the Treasury shall be construed accordingly.

(2) Any licence granted under this Order may be either general or special, may be subject to or without conditions, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the authority which granted it.

N. H. Nicholls

Clerk of the Privy Council