Made | 9th February 2005 | ||
Laid before Parliament | 10th February 2005 | ||
Coming into force | 11th February 2005 |
2.
- (1) In this Order the following expressions have the meanings hereby respectively assigned to them, that is to say -
(2) For the purpose of the definition of "relevant institution" in paragraph (1) -
(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.
restricted goods to any person in Ivory Coast shall be guilty of an offence under this Order, unless he proves that he did not know and had no reason to suppose that the goods in question were to be supplied or delivered to a person in Ivory Coast.
(2) Nothing in paragraph (1)(b) or (c) shall apply where the supply or delivery of the goods to the person concerned is authorised by a licence granted by the Governor under this article.
Exportation of restricted goods to Ivory Coast
4.
- (1) Except under the authority of a licence granted by the Governor under this article, restricted goods are prohibited to be exported from the Territory to any destination in Ivory Coast or to any destination for the purpose of delivery, directly or indirectly, to or to the order of any person in Ivory Coast.
(2) Any restricted goods which are exported or attempted to be exported shall be liable to forfeiture.
(3) Any person knowingly concerned in the exportation or attempted exportation of such goods shall be guilty of an offence under this Order.
(4) In any case where a person would, apart from this paragraph, be guilty of an offence under paragraph (3) above and of an offence under article 3(1), he shall not be guilty of the offence under paragraph (3) above.
Provision of assistance, advice or training related to military activities and provision, manufacture, maintenance or use of restricted goods
5.
Any person who, except under the authority of a licence granted by the Governor under this article, directly or indirectly provides to any person, entity or body in, or for use in, Ivory Coast any assistance, advice or training related to military activities or to the provision, manufacture, maintenance or use of restricted goods shall be guilty of an offence under this Order, unless he proves that he did not know and had no reason to suppose that the assistance, advice or training in question was to be provided to a person, entity or body in, or for use in, Ivory Coast.
Use of ships, aircraft and vehicles: restricted goods
6.
- (1) Without prejudice to the generality of article 3, and except under the authority of a licence granted by the Governor under article 3 or 4, no ship or aircraft to which this article applies, and no vehicle within the Territory, shall be used for the carriage of restricted goods if the carriage is, or forms part of, carriage from any place outside Ivory Coast to any destination therein.
(2) This article applies to ships registered in the Territory, to aircraft so registered and to any other ship or aircraft that is for the time being chartered to any person who is -
(3) If any ship, aircraft or vehicle is used in contravention of paragraph (1) then -
(3) The Governor may by notice revoke a direction given under paragraph (1) at any time.
(4) The expiry or revocation of a direction shall not affect the application of article 7 in respect of the funds in question.
(5) A notice under paragraph (1) or (3) shall be given in writing to the person holding the funds in question ("the recipient"), and shall require the recipient to send a copy of the notice without delay to the person whose funds they are, or on whose behalf they are held ("the owner").
(6) A recipient shall be treated as complying with the requirement under paragraph (5) if, without delay, he sends a copy of the notice to the owner at his last-known address or, if he does not have an address for the owner, he makes arrangements for a copy of the notice to be supplied to the owner at the first available opportunity.
(7) Where a direction has been given under paragraph (1), any person by, for or on behalf of whom those funds are held may apply to the Supreme Court for the direction to be set aside, and on such application the court may set aside the direction.
(8) A person who makes an application under paragraph (7) shall give a copy of the application and any witness statement or affidavit in support to the Governor (and to any other person by, for or on behalf of whom those funds are held), not later than seven days before the date fixed for the hearing of the application.
(9) Any person who contravenes a direction under paragraph (1) is guilty of an offence under this Order.
(10) A recipient who fails to comply with a requirement under paragraph (5) is guilty of an offence under this Order.
Facilitation of activities prohibited under article 7 or 8(9)
9.
Any person who knowingly and intentionally engages in any activities the object or effect of which is to enable or facilitate the commission (by that person or another) of an offence under article 7 or 8(9) is guilty of an offence under this Order.
Failure to disclose knowledge or suspicion of measures
10.
- (1) A relevant institution is guilty of an offence if -
(2) Where a relevant institution discloses to the Governor -
Customs powers to demand evidence of destination which goods reach
11.
Any exporter or any shipper of restricted goods which have been exported from the Territory shall, if so required by the Governor, furnish within such time as the Governor may allow proof to the Governor's satisfaction that the goods have reached either -
and, if he fails to do so, he shall be guilty of an offence under this Order, unless he proves that he did not consent to or connive at the goods reaching any destination other than such a destination as aforesaid.
Declaration as to goods: powers of search
12.
- (1) Any person who is about to leave the Territory shall, if he is required to do so by an officer authorised for the purpose by the Governor -
(2) Any such officer, and any person acting under his direction, 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.
(3) Any person who without reasonable excuse refuses to make a declaration, or 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 under this Order.
(4) 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 under this Order.
Investigation, etc. of suspected ships
13.
- (1) Where any authorised officer has reason to suspect that any ship to which article 6 applies has been or is being or is about to be used in contravention of paragraph (1) of that article -
(2) The further action referred to in paragraph (1)(c) is either -
(3) Without prejudice to the provisions of article 16(3), where -
Investigation, etc. of suspected aircraft
14.
- (1) Where any authorised person has reason to suspect that any aircraft to which article 6 applies has been or is being or is about to be used in contravention of paragraph (1) of that article -
(3) Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of his authority.
(4) 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.
Investigation, etc. of suspected vehicles
15.
- (1) Where any authorised person has reason to suspect that any vehicle in the Territory has been or is being or is about to be used in contravention of paragraph (1) of article 6 -
(3) Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of his authority.
(4) 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.
Provisions supplementary to articles 13 to 15
16.
- (1) No information furnished or document produced by any person in pursuance of a request made under article 13, 14 or 15 shall be disclosed except -
(b) of evidence of the commission of -
Penalties and proceedings
19.
- (1) Any person guilty of an offence under article 3(1), 4(3), 5, 6(3), 7, 8(9), 9 or 11 shall be liable -
(4) Any person guilty of an offence under article 16(3)(a), 16(3)(b)(i), 16(3)(c), or paragraph 5(a) or 5(c) of Schedule 4 shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent or to both.
(5) Any person guilty of an offence under article 12(3) shall be liable on summary conviction to a fine not exceeding £5,000 or its equivalent.
(6) Where any body corporate is guilty of an offence under 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) Summary proceedings for an offence under this Order, being an offence alleged to have been committed outside the Territory, may be commenced at any time not later than 12 months from the date on which the person charged first enters the Territory after committing the offence.
(8) Proceedings against any person for an offence under this Order may be taken before the appropriate court in the Territory having jurisdiction in the place where that person is for the time being.
(9) No proceedings for an offence under this Order shall be instituted in the Territory except by or with the consent of the principal public officer of the Territory having responsibility for criminal prosecutions; but 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.
Exercise of powers of the Governor
20.
- (1) The Governor 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 4 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 Governor shall be construed accordingly.
(2) Any licences granted under this Order shall be in writing and 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 at any time by written notice given by the Governor to each recipient of the licence.
(3) A notice under paragraph (2) may be given by post, and shall be deemed to have been given to a person if it is sent to him at his last known address.
(4) The Governor may by regulations specify in the currency of the Territory the amount which is to be taken as equivalent to sums expressed in sterling in this Order.
Miscellaneous
21.
- (1) Any provision of this Order which prohibits the doing of a thing except under the authority of a licence granted by the Governor shall not have effect in relation to any such thing done anywhere other than the Territory provided that it is duly authorised.
(2) A thing is duly authorised for the purpose of paragraph (1) if it is done under the authority of a licence granted in accordance with any law in force in the place where it is done (being a law substantially corresponding to the relevant provisions of this Order) by the authority competent in that behalf under that law.
A.K. Galloway
Clerk of the Privy Council
2.
Any person who commits an offence under 16(3)(b)(ii), or paragraph 5(b) or 5(d) of Schedule 4, shall be liable on conviction -
3.
Any person who commits an offence under article 8(10), 10(1), 12(4), 17(1) or 17(2) is guilty of a misdemeanour and shall be liable on conviction to imprisonment for a term not exceeding two years, or to a fine of any amount, or to both.
4.
Any person who commits an offence under article 16(3)(a), 16(3)(b)(i) or 16(3)(c), or paragraph 5(a) or 5(c) of Schedule 4, is guilty of a misdemeanour and shall be liable on conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding £5,000 or its equivalent, or to both.
5.
Any person who commits an offence under article 12(3) is guilty of a misdemeanour and shall be liable on conviction to a fine not exceeding £5,000 or its equivalent.
6.
Where a body corporate is guilty of an offence under 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.
Proceedings for a misdemeanour under this Order, being an offence alleged to have been committed outside the Territory, may be instituted at any time not later than 12 months from the date on which the person charged first enters the Territory after committing the offence.
8.
Proceedings against any person for an offence under this Order may be taken before the appropriate court in the Territory having jurisdiction in the place where that person is for the time being.
9.
No proceedings for an offence under this Order shall be instituted in the Territory except by or with the consent of the principal public officer of the Territory having responsibility for criminal prosecutions, but 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.
he may grant a search warrant authorising any police officer or constable, together with any other persons named in the warrant and any other police officers or constables, to enter the premises specified in the information or, as the case may be, any premises upon which the vehicle, ship 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, ship or aircraft.
(2) Any authorised person who has entered any premises or any vehicle, ship or aircraft in accordance with sub-paragraph (1) may do any or all of the following things -
(3) Any information required in accordance with sub-paragraph (2) which is contained in a computer and is accessible from the premises or from any vehicle, ship or aircraft must be produced in a form in which it can be taken away and in which it is visible and legible.
(4) A police officer or constable lawfully on the premises or on the vehicle, ship or aircraft by virtue of a warrant issued under sub-paragraph (1) may:
but no person shall be searched in pursuance of this sub-paragraph except by a person of the same sex.
(5) Where, by virtue of this paragraph, a person is empowered to enter any premises, vehicle, ship or aircraft he may use such force as is reasonably necessary for that purpose.
(6) 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.
(7) In the application of this paragraph to the Sovereign Base Areas of Akrotiri and Dhekelia any reference to a justice of the peace includes a reference to a judge or associate judge.
3.
A person authorised by the Governor 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) shall be disclosed except -
(c) on the authority of the Governor, to any organ of the United Nations or to any person in the service of the United Nations or of 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 Ivory Coast decided upon by the Security Council of the United Nations or the Council of the European Union; or
(d) with a view to the institution of, or otherwise for the purposes of, any proceedings -
5.
Any person who -
shall be guilty of an offence under this Order.
[2] 1887 c. 54 and 1945 c. 7.back
[3] S.I. 2003/2764 as amended by S.I . 2004/1050, 20045/2561 and 2004/2741.back
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