The Eritrea and Ethiopia (United Nations Sanctions) (Overseas Territories) Order 2000

Provisions supplementary to articles 11 to 13

14.—(1) No information furnished or document produced by any person in pursuance of a request made under article 11, 12 or 13 of this Order 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 article 11, 12 or 13 of this Order 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 or under or in the service of the States of Guernsey or Alderney or the Chief Pleas of Sark or, as the case may be, the States of Jersey, or in or under the service of the Government of any territory to which this Order extends;

(c) on the authority of the Secretary of State, 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 Eritrea or Ethiopia 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 of any of the matters regulated by this Order, for an offence under any enactment relating to customs.

(2) Any power conferred by article 11, 12 and 13 of this Order to request the furnishing of information or the production of a document or of cargo or of goods for inspection shall include a power to specify whether 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.

(3) 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 article 11(2)(a) of this Order:

(b) a master of a ship or 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 article 11, 12 or 13 of this Order by any person empowered to make it, or

(ii) in response to such a request, furnishes any information or produces any document which to his knowledge is false in a material particular, or recklessly furnishes any information or produces any document which is false in a material particular, to such a person;

(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 on 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 article 11, 12 or 13 of this Order.

(4) Nothing in articles 11 to 14 of this Order 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.