UK Offence Report

The Tunisia (Restrictive Measures) (Overseas Territories) Order 2011

UK Statutory Instrument 2011 No. 748 — creates 7 criminal offences.

7offences created
0recorded in force
0revoked
Made
16 March 2011
In force from
18 March 2011
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 British overseas territories listed in Schedule 1. It places restrictive measures on certain persons, entities and bodies responsible for the misappropriation of Tunisian State funds, and persons associated with them who are thereby depriving the Tunisian people of the benefits of the sustainable development of their economy and society and undermining the development of democracy in the country. The Order gives effect in the overseas territories listed in Schedule 1 to measures adopted by the European Union in Council Decision 2011/72/CFSP 31st January 2011 and implemented in Council Regulation (EU) No. 101/2011 adopted 4th February 2011 which came into force on 5th February 2011, the date of its publication. Article 1 provides that the Order extends to the territories listed in Schedule 1. Article 2 contains definitions used in the Order. Article 3 provides for publication by the Governor of a list of listed persons. Article 4 requires the assets of a listed person to be frozen. Article 5 prohibits making funds available to a listed person and also provides for a defence. Article 6 provides exceptions to the articles 4 and 5. Article 7 creates offences for circumventing the prohibitions in articles 4 and 5. Article 8 enables the Governor to direct that a person reasonably suspected to be a listed person be treated as if he were, for example when using an alias. Article 9 makes provision for licences to authorise exemptions from articles 4 and 5. Article 10 requires institutions to disclose knowledge or suspicion of customers or other persons with whom they have dealings being listed persons, and creates offences for failure to comply with the requirements. Article 11 creates offences in connection with applications for licences and the failure to comply with the conditions attaching to a licence. Article 12 provides for the Governor to obtain evidence or information to secure compliance with, or detect evasion of, the matters regulated by the Order. Article 13 provides for penalties and proceeding for offences created under the Order. Article 14 prescribes the manner in which notice may be given under the Order. Article 15 provides for the delegation of powers by the Governor and stipulates the form and nature of licences granted under the Order. Article 16 limits the scope of the prohibitions contained in the Order. Schedule 1 lists the territories to which the Order applies. Schedule 2 reflects court structures in the Sovereign Base Areas. Schedule 3 contains a modification of article 13 regarding the application of penalties for the Falkland Islands and South Georgia and the South Sandwich Islands. Schedule 4 provides for the Governor to obtain evidence or information to secure compliance with, or detect evasion of, the matters regulated by the Order. An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

Offences created by this instrument

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.

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