The Iraq (United Nations Sanctions) (Overseas Territories) (Amendment) (No. 2) Order 2004
UK Statutory Instrument 2004 No. 2671 — creates 5 criminal offences.
- Made
- 13 October 2004
- In force from
- 15 October 2004
- Extent
- Not stated
- Subject
- International sanctions, export control and trade restrictions
- Made under
- Her by section 1 of the United Nations Act 1946
Explanatory note
(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
This Order, made under the United Nations Act 1946, amends the Iraq (United Nations Sanctions) (Overseas Territories) Order 2003 to replace provisions extended to certain territories regarding exportation of restricted goods with provisions equivalent to those in the United Kingdom, and to make further provision regarding authorisation of persons by the Governor to search persons, and evidence of authorisation in relation to the investigation of suspect ships. This Order also amends the Iraq (United Nations Sanctions) (Overseas Territories) Order 2000 (the “2000 Order”) which gives effect to certain aspects of the sanctions imposed against Iraq by resolution 661 (1990) adopted by the Security Council of the United Nations on 6th August 1990, to take account of amendments contained in resolution 1483 (2003) and resolution 1518 (2003) adopted by the Security Council of the United Nations on 22nd May 2003 and 24th November 2003 respectively. Paragraph 1(1)(e) of the Schedule amends the definition of “Sanctions Committee” in the 2000 Order to take account of the new Committee established by resolution 1518 (2003) for the purposes of identifying persons subject to certain measures imposed by resolution 1483 (2003). The remaining provisions of paragraph 1 of the Schedule amend or insert definitions in the 2000 Order reflecting other changes made by the Schedule and give effect to guidance issued by the United Nations Security Council Committee established pursuant to resolution 661 (1990) on the meaning of terms used in resolution 1483 (2003). The remaining provisions of the Schedule amend the 2000 Order to make improvements in its operation. In particular, provision has been made for persons listed by the Sanctions Committee automatically to become subject to the sanctions regime without the need for the Governor so to direct. It also clarifies the powers of the Governor to direct freezing of funds. Article 6 of the Order makes transitional provisions in respect of directions given by the Governor, and funds covered by notices published, prior to the coming into force of this Order. The Order applies to the following territories: Anguilla, Bermuda, British Antarctic Territory, British Indian Ocean Territory, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn, Henderson, Ducie and Oeno Islands, St Helena, St Helena Dependencies, South Georgia and the South Sandwich Islands, Turks and Caicos Islands, and the UK Sovereign Base Areas of Akrotiri and Dhekelia in the island of Cyprus.
Offences created by this instrument
- Exportation of restricted goods to Iraq article 6(3) · Status not determined · Requires proof of a state of mind
- Transitional provisions article 6(3) · Status not determined · Strict liability
- Freezing funds of listed persons 3A 1 Any person who, except under the authority of a licence granted by the Governor… paragraph 3 of SCHEDULE · Status not determined · Strict liability
- Freezing funds of listed persons paragraph 3A(1) of SCHEDULE · Status not determined · Strict liability
- Freezing of funds on suspicion paragraph 4A(10) of SCHEDULE · Status not determined · Strict liability
What Parliament said about it
Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2004