The Ivory Coast (Restrictive Measures) (Overseas Territories) Order 2005
UK Statutory Instrument 2005 No. 242 — creates 17 criminal offences.
- Made
- 9 February 2005
- In force from
- 11 February 2005
- Extent
- Not stated
- Subject
- International sanctions, export control and trade restrictions
- Made under
- Her by section 112 of the Saint Helena Act 1833
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 applies to each of the territories specified in Schedule 1. This instrument gives effect to certain measures in resolution 1572 adopted by the Security Council of the United Nations on 15 November 2004, as implemented in the EU. UNSCR 1572 (2004) amongst other things imposes an arms embargo, with certain exemptions, on Ivory Coast with immediate effect; and provided for an assets freeze and travel ban against certain persons to come into effect on 15 December 2004. The targeted persons will be those designated by the Sanctions Committee as constituting a threat to the peace and national reconciliation process in Ivory Coast. These measures are implemented in the EU by Common Position CSFP/852/2004 adopted on 13 December 2004, which extends the arms embargo to equipment which might be used for internal repression and bans financial assistance related to military activities subject to the embargo. Aspects of the sanctions falling within Community competence will be implemented in two EC Regulations.
Offences created by this instrument
- Failure to disclose knowledge or suspicion of measures article 10(1) · Revoked · Mixed — some elements strict, some not
- Customs powers to demand evidence of destination which goods reach article 11 · Revoked · Strict liability
- Declaration as to goods: powers of search article 12(3) · Revoked · Strict liability
- Declaration as to goods: powers of search article 12(4) · Revoked · Requires proof of a state of mind
- Provisions supplementary to articles 13 to 15 article 16(3) · Revoked · Requires proof of a state of mind
- If, for the purposes of obtaining any licence under this Order, any person makes any statement or furnishes any… article 17(1) · Revoked · Requires proof of a state of mind
- Any person who has done any act under the authority of a licence granted by the Governor under this Order and who… article 17(2) · Revoked · Strict liability
- No person shall be guilty of an offence under paragraph (2) where he proves that the condition with which he failed to… article 17(3) · Revoked · Strict liability
- Supply of restricted goods article 3(1) · Revoked · Strict liability
- Exportation of restricted goods to Ivory Coast article 4(3) · Revoked · Requires proof of a state of mind
- Any person who, except under the authority of a licence granted by the Governor under this article, directly or… article 5 · Revoked · Strict liability
- Use of ships, aircraft and vehicles: restricted goods article 6(3) · Revoked · Strict liability
- Making funds available to designated persons article 7 · Revoked · Strict liability
- Freezing of funds article 8(10) · Revoked · Strict liability
- Freezing of funds article 8(9) · Revoked · Strict liability
- Facilitation of activities prohibited under article 7 or 8(9) article 9 · Revoked · Requires proof of a state of mind
- Any person who — a without reasonable excuse, refuses or fails within the time and in the manner specified (or, if no… paragraph 5 of SCHEDULE 4 · Revoked · Requires proof of a state of mind
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 2005