The Extraterritorial US Legislation (Sanctions against Cuba, Iran and Libya) (Protection of Trading Interests) Order 1996

2.—(1) Subject to paragraph (2) below, any person referred to in Article 11 of the EC Counter-measures Regulation (that is to say — U.K.

(i) any natural person being a resident in the Community and a national of a member state, or

(ii) any legal person incorporated within the Community, or

(iii) any natural or legal person referred to in Article 1(2) of Council Regulation (EEC) No. 4055/86(1), or

(iv) any other natural person being a resident in the Community, unless that person is in the country of which he is a national, or

(v) any other natural person within the Community, including its territorial waters and air space and in any aircraft or on any vessel under the jurisdiction or control of a member state, acting in a professional capacity)

who commits a breach of Article 2 or the first paragraph of Article 5 of that Regulation, and any director, manager or other person with management responsibilities to whom the obligation in the first paragraph of Article 2 of that Regulation applies who commits a breach of that paragraph, shall be guilty of an offence and liable —

(a) on conviction on indictment, to a fine;

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

(2) Paragraph (1) above shall not apply in respect of anything done or omitted to be done —

(a) within the territorial jurisdiction of a member state other than the United Kingdom, or

(b) outside the territorial jurisdiction of any member state by —

(i) a national of a member state other than the United Kingdom who is not also a British person, or

(ii) a legal person incorporated in a member state other than the United Kingdom, or

(iii) any person falling within paragraph (1)(iii) above unless —

(aa) he is a British person, or

(bb) it is a shipping company controlled by a British person or by nationals of a member state at least one of which is a British person, or

(cc) the vessel, or at least one of the vessels, of that person is registered in the United Kingdom, or

(iv) any person falling within paragraph (1)(iv) above unless he was established within the United Kingdom at some time during the period of at least six months referred to in footnote 1 to Article 11(1) of the EC Counter-measures Regulation;

and in this paragraph—

“British person” means a British citizen, British Dependent Territories citizen, British Overseas citizen, British National (Overseas), British subject or British protected person, and

the “territorial jurisdiction” of a member state means the territory of that member state within the European Community, including its territorial waters and air space, and any aircraft or vessel under the jurisdiction or control of that member state.

(3) No proceedings for an offence under paragraph (1) above shall be instituted in England, Wales or Northern Ireland 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.

(4) Proceedings against any person for an offence under this section may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.

Commencement Information

I1 Art. 2 in force at 28.1.1997, see art. 1(1)

(1)

O.J. L.378, 31.12.1986, p. 1, to which there are amendments not relevant to this Order.