The Ivory Coast (Restrictive Measures) (Overseas Territories) Order 2005

Citation, commencement, extent and application

2.—(1) In this Order the following expressions have the meanings hereby respectively assigned to them, that is to say —

“aircraft” means a fixed wing, swivel wing, rotary wing, tilt rotor or tilt wing airborne vehicle or helicopter;

“assistance” means any form of assistance including technical assistance, services, financing and financial assistance;

“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”;

“designated person” means an individual, designated by the Committee established pursuant to paragraph 14 of resolution 1572 (2004) adopted by the Security Council of the United Nations on 15 November 2004, as constituting a threat to the peace and national reconciliation process in Côte d“Ivoire for the purposes of that resolution;

“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 “ship”, submersible vehicle or “aircraft”, includes the taking out of the Territory of the “ship”, 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, economic benefits and economic resources 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;;

“Governor” means the Governor or other officer administering the Government of the Territory;

“Ivory Coast” means the Republic of Côte d“Ivoire;

“master”, in relation to a “ship”, includes any person (other than a pilot) for the time being in charge of the “ship”;

“operator”, in relation to an “aircraft” or “vehicle”, means the person for the time being having the management of the “aircraft” or “vehicle”;

“owner”, in relation to a “ship”, where the owner is not the “operator”, means the “operator” and any person to whom it is chartered;

“relevant institution” means -

(a)

the person or body responsible for carrying out in the Territory the functions of a monetary authority;

(b)

any person who may lawfully accept deposits in or from within the Territory by way of business; and

(c)

any society established lawfully in the Territory whose principal purpose is the making of loans secured on residential property where such loans are funded substantially by its members;

“restricted goods” means the goods specified in Part I of Schedule 1 to the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003(1) made under the Export Control Act 2002(2), as extended to the territories listed in Schedule 1 thereto by the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) (Overseas Territories) Order 2004(3), and equipment that might be used for internal repression as listed in Schedule 3;

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

“shipment” includes loading into an “aircraft”;

“stores” means goods for use in a “ship” or “aircraft” and includes fuel and spare parts and other articles of equipment, whether or not for immediate fitting, but excludes any goods for use in a “ship” or “aircraft” as merchandise for sale by retail to persons carried therein; and

“vehicle” means a land transport vehicle.

(2) For the purpose of the definition of “relevant institution” in paragraph (1) —

(a) the activity of accepting deposits has the meaning given in any relevant order made under section 22 of the Financial Services and Markets Act 2000(4); and

(b) a person is not regarded as accepting deposits by way of business if -

(i) he does not hold himself out as accepting deposits on a day to day basis, and

(ii) any deposits which he accepts are accepted only on particular occasions, whether or not involving the issue of any securities.

(c) In determining for the purposes of sub-paragraph (b)(ii) whether deposits are accepted only on particular occasions, regard is to be had to the frequency of those occasions and to any characteristics distinguishing them from each other.

(3) For the purposes of identifying “designated persons” referred to in paragraph (1), the Governor shall cause a notice containing the names and other particulars of such designated persons to be published in the official gazette of the Territory as necessary from time to time.

(1)

S.I. 2003/2764 as amended by S.I . 2004/1050, 20045/2561 and 2004/2741.

(2)

2002 c. 28.

(3)

S.I. 2004/3101.

(4)

2002 c. 8.