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

Declaration as to goods: power of search

This section has no associated Explanatory Memorandum

22.—(1) Any person who is about to leave the Territory shall, if required to do so by any authorised person:

(a)declare whether or not they have with them any restricted goods which are destined for a person or place in Burma for delivery, directly or indirectly, to or to the order of any person in Burma; and

(b)produce any such goods as aforesaid which they have with them.

(2) Any authorised person, and any person acting under their direction, may search that person for the purpose of ascertaining whether they have with them 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.

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

(4) Any person who under the provisions of this article makes a declaration which to their 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.

(5) Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of their authority.

(6) In this article, “authorised person” means any person authorised by the Governor for the purpose of this article either generally or in a particular case.