Statutory Instruments
UNITED NATIONS
To be laid before Parliament
Made
8th April 1992
Coming into force
15th April 1992
At the Court at Windsor Castle, the 8th day of April 1992
Present,
The Queen’s Most Excellent Majesty in Council
Whereas under Article 41 of the Charter of the United Nations the Security Council of the United Nations have, by a resolution adopted on 31st March 1992, called upon Her Majesty’s Government in the United Kingdom and all other States to apply certain measures to give effect to a decision of that Council in relation to Libya;
Now therefore Her Majesty, in exercise of the powers conferred on Her by section 1 of the United Nations Act 1946(1), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
1.—(1) This Order may be cited as the Libya (United Nations Sanctions) Order 1992 and shall come into force on 15th April 1992.
(2) If, after the making of this Order, the Security Council of the United Nations takes a decision which has the effect of cancelling, suspending or postponing the operation of the resolution adopted by it on 31st March 1992, this Order shall cease to have effect or its operation shall be suspended or postponed, 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 to the United Kingdom and the Isle of Man.
2.—(1) This Order shall have effect as if the Isle of Man were a part of the United Kingdom, and, unless the contrary intention appears, references to the United Kingdom shall be construed accordingly.
(2) In this Order the following expressions have the meanings hereby respectively assigned to them, that is to say:
“arms” includes conventional, chemical, biological and nuclear weapons and ballistic missiles;
“body corporate” includes a Scottish partnership and, in relation to such a partnership, any reference to a director or other officer of a body corporate is a reference to a partner;
“enactment” includes an Act of Tynwald and any provision contained in such an Act;
“export” includes shipment as stores and, in relation to any aircraft, includes the taking out of the United Kingdom of the 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;
“indictment”(in respect of the Isle of Man) includes information;
“Libyan aircraft” means (a) any aircraft registered in Libya; and (b) any other aircraft for the time being chartered to a person connected with Libya;
“person connected with Libya” means
the Government of Libya;
any other person in, or resident in, Libya;
any body incorporated or constituted under the law of Libya;
any body, wherever incorporated or constituted, which is controlled by the Government of Libya, any other person in, or resident in, Libya or any body incorporated in or constituted under the law of Libya; and
any person acting on behalf of any of the above mentioned persons;
“shipment”(and cognate expressions) and “stores” shall have the meanings they bear in the Customs and Excise Management Act 1979(2);
“vessel” shall have the meaning it bears in the Export of Goods (Control)Order 1991(3).
3. Except under the authority of a licence granted by the Secretary of State under this article or article 4 of this Order, no person shall supply or deliver any goods specified in Schedule I to this Order to or to the order of a person connected with Libya.
4. Except under the authority of a licence granted by the Secretary of State under this article, the goods specified in Schedule I to this Order are prohibited to be exported from the United Kingdom to any destination in Libya or to any destination for the purpose of delivery, directly or indirectly, to or to the order of any person connected with Libya.
5.—(1) Except under the authority of a licence granted by the Secretary of State under this article, no person shall assign or transfer to any person connected with Libya, or enter into any licensing agreement or other arrangement for the use by any person connected with Libya of,—
(a)any copyright;
(b)any patent or application for a patent or any right in or under any patent;
(c)any registered design, industrial design or utility model;
(d)any design right or any document recording the design;
(e)any trade mark or service mark; or
(f)any technical information or know-how,
for or in connection with the manufacture or maintenance of any goods specified in Part A of Schedule I to this Order.
6. Except under the authority of a licence granted by the Secretary of State under this article, no person shall provide to a person connected with Libya any technical advice, assistance or training related to the supply, delivery, manufacture, maintenance or use of any goods specified in Part A of Schedule I to this Order.
7. Except under the authority of a licence granted by the Secretary of State under this article, no person shall provide engineering or maintenance servicing for any Libyan aircraft or any component of any Libyan aircraft.
8.—(1) This article applies to any contract of insurance, other than a contract ofre-insurance, upon a Libyan aircraft or upon the machinery, tackle, furniture or equipment of a Libyan aircraft.
(2) Except under the authority of a licence granted by the Secretary of State under this article:
(a)no person shall make payment in full or partial settlement of any claim under a contract of insurance to which this article applies, unless the claim is in respect of an incident occurring before the coming into force of this Order;
(b)no person shall effect any new contract of insurance, or agree to any variation or extension of any existing contract of insurance, to which this article applies.
9.—(1) No person shall carry on any business, or establish or maintain any place of business, under the name of “Libyan Arab Airlines”.
(2) Except under the authority of a licence granted by the Secretary of State under this paragraph:
(a)no person shall establish or maintain any place of business in connection with the carriage of persons or goods by air (whether to or from the United Kingdom or elsewhere) by any person connected with Libya;
(b)no person connected with Libya shall carry on any business of carrying persons or goods by air (whether to or from the United Kingdom or elsewhere).
10.—(1) Except under the authority of a licence granted by the Secretary of State under this article:
(a)no person shall make any payment to or to the order of any person connected with Libya under or in respect of a bond to which this article applies;
(b)no person shall do any act for the purpose of obtaining payment, or make any payment, in respect of any right to indemnity in respect of any bond to which this article applies, where payment under the bond is, or would if payment were to be made by a person referred to in Article 11(1) of this Order be, unlawful by virtue of sub-paragraph (a) of this paragraph.
(2) A bond to which this article applies is a bond given in respect of a contract the performance of which is unlawful, wholly or in part, by virtue of this Order.
(3) In this article:
(a)“bond” means an agreement under which a person (“the obligor”) agrees that, if called upon to do so, or if a third party fails to fulfil contractual obligations owed to another, the obligor will make payment to or to the order of the other party to the agreement; and
(b)“make any payment” means make payment by any method, including but not restricted to the grant, or any agreement to the exercise, of any right to set off, accord and satisfaction and adjustment of any account, or any similar means.
11.—(1) The provisions of articles 3, 5, 6, 7, 8, 9 and 10 of this Order shall apply to any person within the United Kingdom 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; or
(b)is a body corporate incorporated or constituted under the law of any part of the United Kingdom.
(2) Subject to the provisions of paragraphs (3) to (9) of this article, any person specified in paragraph (1) of this article who contravenes the provisions of article 3, 5, 6, 7, 8, 9 or 10 of this Order shall be guilty of an offence under this Order.
(3) In the case of proceedings for an offence in contravention of article 3 of this Order 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 goods specified in Schedule I to this Order or that the goods were to be supplied or delivered to or to the order of a person connected with Libya.
(4) In the case of proceedings for an offence in contravention of article 5 of this Order it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the transaction in question was for the transfer to, or the use of the right in question by, a person connected with Libya or that the right in question was to be transferred or used for or in connection with the manufacture or maintenance of goods specified in Part A of Schedule I to this Order.
(5) In the case of proceedings for an offence in contravention of article 6 of this Order it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the advice, assistance or training was being provided to a person connected with Libya or that it related to the supply, delivery, manufacture, maintenance or use of any goods specified in Part A of Schedule I to this Order.
(6) In the case of proceedings for an offence in contravention of article 7 or 8 of this Order it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the aircraft was a Libyan aircraft or that the component or the machinery, tackle, furniture or equipment was part of a Libyan aircraft, as the case may be.
(7) In the case of proceedings for an offence in contravention of article 9(2)(a) of this Order it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the carriage of persons or goods was by a person connected with Libya.
(8) In the case of proceedings for an offence in contravention of article 10(1)(a) of this Order, it shall be a defence for the accused person to prove that—
(a)he did not know and had no reason to suppose that payment was made to or to the order of a person connected with Libya; or
(b)(i)he did not know and had no reason to suppose that the bond was given in respect of a contract the performance of which was unlawful by virtue of this Order; and
(ii)he made all reasonable enquiries to ascertain whether the bond was given in respect of such a contract.
(9) In the case of proceedings for an offence in contravention of article 10(1)(b) of this Order, it shall be a defence for the accused person to prove that—
(a)he did not know and had no reason to suppose that payment under the bond was or would be to or to the order of a person connected with Libya; or
(b)(i)he did not know and had no reason to suppose that the bond was given in respect of a contract the performance of which was unlawful by virtue of this Order; and
(ii)he made all reasonable enquiries to ascertain whether the bond was given in respect of such a contract:
Provided that sub-paragraph (b) shall not apply where the accused person is a party to the contract in respect of which the bond was given.
12. Any exporter or any shipper of goods specified in Schedule I to this Order which have been exported from the United Kingdom shall, if so required by the Commissioners of Customs and Excise, furnish within such time as they may allow proof to their satisfaction that the goods have reached either—
(i)a destination to which they were authorised to be exported by a licence granted under this Order, or
(ii)a destination to which their exportation was not prohibited by this Order,
and, if he fails to do so, he shall be liable to a customs penalty not exceeding level 5 on the standard scale unless he proves that he did not consent to or connive at the goods reaching any destination other than such a destination as aforesaid.
13.—(1) If for the purpose of obtaining any licence 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.
(2) Any person who has done any act under the authority of a licence granted by the Secretary of State under this Order and who fails to comply with any condition attaching to that licence shall be guilty of an offence:
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 Secretary of State after the doing of the act authorised by the licence.
14.—(1) Any person who is about to leave the United Kingdom 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 I to this Order; 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.
(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.
15. The provisions of Schedule II to this Order shall have effect in order to facilitate the obtaining, by or on behalf of the Secretary of State or the Commissioners of Customs and Excise, of evidence and information for the purpose of securing compliance with or detecting evasion of this Order and in order to facilitate the obtaining, by or on behalf of the Secretary of State or the Commissioners of Customs and Excise, of evidence of the commission of an offence against this Order or, with respect to any of the matters regulated by this Order, of an offence relating to customs.
16.—(1) Any person guilty of an offence against article 11(2) of this Order shall be liable:
(a)on conviction on indictment to imprisonment for a term not exceeding seven years or to a fine or to both; or
(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 against paragraph 5(b) or (d) of Schedule II to this Order shall be liable:
(a)on conviction on indictment 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 against article 13(1) or (2) or article 14(3) of this Order shall be liable:
(a)on conviction on indictment 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 against article 14(2) of this Order shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(5) Any person guilty of an offence against paragraph 5(a) or (c) of Schedule II to this Order 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.
(6) Where any body corporate is guilty of an offence against 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 127(1) of the Magistrates' Courts Act 1980(4), an indictable offence which is triable summarily under this Order, or a summary offence thereunder, may be so tried by a magistrates' court in England and Wales, if an information is laid 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) Notwithstanding anything in section 331 of the Criminal Procedure (Scotland)Act 1975(5), summary proceedings in Scotland for an offence against this Order may be commenced at any time within 12 months after the date on which evidence sufficient in the Lord Advocate’s opinion to justify the proceedings came to his knowledge; and subsection (3) of that section applies for the purpose of this paragraph as it applies for the purpose of that section:
Provided that such proceedings shall not be commenced after the expiration of 3 years from the commission of the offence.
(9) Notwithstanding anything in Article 19 of the Magistrates' Courts (Northern Ireland) Order 1981(6), summary proceedings for an offence against this Order in Northern Ireland may be instituted 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.
(10) Notwithstanding anything in section 75(1) of the Summary Jurisdiction Act 1989 (an Act of Tynwald), a complaint relating to an offence against this Order which is triable by a court of summary jurisdiction in the Isle of Man 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.
(11) For the purposes of this article:
(a)a certificate signed by or on behalf of the prosecutor or the Lord Advocate (as the case may be) as to the date on which such evidence as is referred to in paragraphs (7), (8), (9) and (10) of this article 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.
(12) Proceedings against any person for an offence against this Order may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
(13) In England and Wales, subsection (2) of section 24 of the Police and Criminal Evidence Act 1984(7)shall apply to the offences against this Order that are not arrestable offences by virtue of the term of imprisonment for which a person may be sentenced in respect of them, as if they were mentioned in that subsection; and accordingly such offences shall be arrestable offences within the meaning of that Act.
(14) In Northern Ireland, paragraph (2) of Article 26 of the Police and Criminal Evidence (Northern Ireland) Order 1989(8)shall apply to the offences against this Order that are not arrestable offences by virtue of a term of imprisonment for which a person may be sentenced in respect of them, as if they were mentioned in that paragraph; and accordingly such offences shall be arrestable offences within the meaning of that Order.
(15) No proceedings for an offence against this Order, other than for a summary offence, shall be instituted in England, Wales, Northern Ireland or the Isle of Man except by the Secretary of State or with the consent of the Attorney General or, as the case may be, the Attorney General for Northern Ireland or the Isle of Man:
Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for 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.
17.—(1) The Secretary of State may to such extent and subject to such restrictions and conditions as he 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 II 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 Secretary of State shall be construed accordingly.
(2) Any licences 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 that granted them.
18. This Order applies to or in relation to any body corporate that purports to be incorporated or constituted under the law of any particular place as it applies to or in relation to any body corporate that is so incorporated or constituted.
G. I. de Deney
Clerk of the Privy Council
Articles 3 and 4
(1) Any arms and related materiel (including ammunition, military vehicles, military equipmentand paramilitary police equipment).
(2) Any component for any goods specified in paragraph (1) of this Part of this Schedule.
(3) Any goods specially designed or prepared for use, or normally used, in the manufacture or maintenance of any goods specified in paragraph (1) or (2) of this Part of this Schedule.
Any aircraft and any component specially designed for aircraft.
Article 15
1.—(1) Without prejudice to any other provision of this Order, or any provision of any other law, the Secretary of State (or any person authorised by him for that purpose either generally or in a particular case) or the Commissioners of Customs and Excise may request any person in or resident in the United Kingdom to furnish to him or them (or to that authorised person) any information in his possession or control, or to produce to him or them (or to that authorised person) any document in his possession or control, which he or they (or that authorised person) may require for the purpose of securing compliance with or detecting evasion of this Order; and any person to whom such a request is made shall comply with it within such time and in such manner as may be specified in the request.
(2) Nothing in the foregoing sub-paragraph shall be taken to require any person who has acted as counsel or solicitor for any person to disclose any privileged communication made to him in that capacity.
(3) Where a person is convicted of failing to furnish information or produce a document when requested so to do under this paragraph, the court may make an order requiring him, within such period as may be specified in the order, to furnish the information or produce the document.
(4) The power conferred by this paragraph to request any person to produce documents shall include power to take copies of or extracts from any document so producedand to request that person, or, where that person is a body corporate, any other person who is a present or past officer of, or is employed by, the body corporate, to provide an explanation of any of them.
2.—(1) If any justice of the peace is satisfied by information on oath given by any constable or person authorised by the Secretary of State or the Commissioners of Customs and Excise to act for the purposes of this paragraph either generally or in a particular case:
(a)that there is reasonable ground for suspecting that an offence against this Order or, with respect to any of the matters regulated by this Order, an offence against any enactment relating to customs has been or is being committed and that evidence of the commission of the offence is to be found on any premises specified in the information, or in any vehicle, vessel or aircraft so specified; or
(b)that any documents which ought to have been produced under paragraph 1 of this Scheduleand have not been produced are to be found on any such premises or in any such vehicle, vessel or aircraft,
he may grant a search warrant authorising any constable or any officer of Customs and Excise, together with any other persons named in the warrant and any other constables, to enter the premises specified in the information or, as the case may be, any premises upon which the vehicle, vessel or aircraft so specified may be, at any time within one month from the date of the warrant and to search the premises, or, as the case may be, the vehicle, vessel or aircraft.
(2) A person authorised by any such warrant as aforesaid to search any premises or any vehicle, vessel or aircraft may search every person who is found in, or whom he has reasonable ground to believe to have recently left or to be about to enter, those premises or that vehicle, vessel or aircraft and may seize any document or article found on the premises or in the vehicle, vessel or aircraft or on such person which he has reasonable ground to believe to be evidence of the commission of any such offence as aforesaid or any documents which he has reasonable ground to believe ought to have been produced under paragraph 1 of this Schedule or to take in relation to any such article or document any other steps which may appear necessary for preserving it and preventing interference with it:
Provided that no person shall, in pursuance of any warrant issued under this paragraph, be searched except by a person of the same sex.
(3) Where, by virtue of this paragraph, a person is empowered to enter any premises, vehicle, vessel or aircraft he may use such force as is reasonably necessary for that purpose.
(4) Any documents or articles of which possession is taken under this paragraph may be retained for a period of three months or, if within that period there are commenced any proceedings for such an offence as aforesaid to which they are relevant, until the conclusion of those proceedings.
(5) In the application of this paragraph to Scotland any reference to a justice of the peace includes a reference to the sheriff; and any reference to information on oath is a reference to evidence on oath.
3. A person authorised by the Secretary of State to exercise any power for the purposes of this Schedule shall, if requested to do so, produce evidence of his authority before exercising that power.
4. No information furnished or document produced (including any copy or extract made of any document produced) by any person in pursuance of a request made under this Schedule and no document seized under paragraph 2(2) of this Schedule shall be disclosed except:
(a)with the consent of the person by whom the information was furnished or the document was produced or the person from whom the document was seized:
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; or
(b)to any person who would have been empowered under this Schedule 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; or
(c)on the authority of the Secretary of State, to any organ of the United Nations or to 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 this Order 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 against this Order or, with respect to any of the matters regulated by this Order, for an offence against any enactment relating to customs.
5.—(1) Any person who—
(a)without reasonable excuse, refuses or fails within the time and in the manner specified (or, if no time has been specified, within a reasonable time) to comply with any request made under this Schedule by any person who is empowered to make it; or
(b)wilfully furnishes false information or a false explanation to any person exercising his powers under this Schedule; or
(c)otherwise wilfully obstructs any person in the exercise of his powers under this Schedule; or
(d)with intent to evade the provisions of this Schedule, destroys, mutilates, defaces, secretes or removes any document,
shall be guilty of an offence against this Order.
(This note is not part of the Order)
This Order, made under the United Nations Act 1946, imposes restrictions pursuantto a decision of the Security Council of the United Nations in Resolution No.748 of31st March 1992, on the export to Libya and supply to persons connected with Libyaof arms and related materiel. It also places restrictions on arrangements for theuse of intellectual property rights by persons connected with Libya in connection withthe manufacture or maintenance of arms and related goods. It restricts the provision topersons connected with Libya of technical advice, assistance and training in relationto the supply, manufacture, maintenance or use of arms and related goods. The Order imposes restrictions on the export to Libya and supply to persons connected with Libya of aircraft and aircraft components, and on the servicing of Libyan aircraft. It places restrictions on the insurance of such aircraft and prohibits persons from carrying on business as Libyan Arab Airlines.
It also restricts the making of payments under any bond in respect of a contract the performance of which is unlawful by virtue of this Order. It also prohibits the making of or obtaining payments under certain indemnities in respect of such bonds.
S.I. 1991/2666, to which there has been an amendment not relevant to this Order.
1975 c. 21. Declaration as to goods: powers of search
S.I. 1981/1675 (N.I. 26).
S.I. 1989/1341 (N.I. 12).