The Afghanistan (United Nations Sanctions) (Isle of Man) Order 2001

Interpretation

2.  In this Order, unless the context otherwise requires—

“airport operator” means the person for the time being having the management of—an airport, or, in relation to a particular airport, the management of that airport;

“body corporate” includes a limited liability company constituted under the Limited Liability Companies Act 1996 (an Act of Tynwald) and, in relation to such a company, any reference to a director or other officer of a body corporate is a reference to a member and to the company’s manager and registered agent;

“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;

“custody” means custody within the meaning of the Custody Act 1995 (an Act of Tynwald);

“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;

“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;

“funds” means financial assets and economic benefits of any kind, including (but not limited to) gold coin, gold bullion, cash, cheques, claims on money, drafts, money orders and other payment instruments; deposits with financial institutions or other entities, balances on accounts, debts and debt obligations; securities and debt instruments (including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures, debenture stock and derivatives contracts); interest, dividends or other income on or value accruing from or generated by assets; credit, rights of set-off, guarantees, performance bonds or other financial commitments; letters of credit, bills of lading, bills of sale; documents evidencing an interest in funds or financial resources, and any other instrument of export financing;

“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 Amendment 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 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 connected with Usama bin Laden” means—

(a)

any person designated as such by the Sanctions Committee, or

(b)

any person acting on behalf of a person covered by paragraph (a) above;

“relevant institution” means—

(a)

a body corporate wherever incorporated;

(b)

a partnership formed under the law of the Isle of Man;

(c)

a partnership or other unincorporated asssociation of two or more persons formed under the law of a member State of the European Community;

(d)

a European authorised institution within the meaning of the Banking Co-ordination (Second Council Directive) Regulations 1992(1) which has lawfully established a branch in the Isle of Man for the purposes of accepting deposits or other repayable funds from the public;

(e)

a building society within the meaning of section 7 of the Industrial and Building Societies Act 1892 an Act of Tynwald);

“restricted goods” means the goods specified in Schedule 1 to this Order;

“the Sanctions Committee” means the Committee of the Security Council of the United Nations established by paragraph 6 of Resolution 1267 adopted on 15th October 1999;

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

“shipment” (and cognate expressions) and “stores” have the same meanings as in the Customs and Excise Management Act 1986 (an Act of Tynwald);

“the Taliban” means the Afghan political faction known as the Taliban, which also calls itself the “Islamic Emirates of Afghanistan”;

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

“vehicle” means land transport vehicle.

(1)

S.I. 1992/3218, as amended by S.I.s 1993/3225, 1995/1217, 1995/1442, 1996/1669 and 1999/2094, Chapter II of Part I of Schedule 5 to the Bank of England Act 1998 (c. 11) and sections 70(1) and 79(14) and Part II of Schedule 6 to the Criminal Justice Act 1993 (c. 36).