The Liberia (United Nations Sanctions) Order 2004

law://uk/uksi/2004/348@2026-11-12

Contents

Article 1Citation, commencement, operation and extent#

(1)This Order may be cited as the Liberia (United Nations Sanctions) Order 2004 and shall come into force on 13th February 2004.

(2)If the Security Council of the United Nations takes any decision which has the effect of cancelling or suspending the operation of the resolution adopted by it on 22nd December 2003, in whole or in part, this Order shall cease to have effect or its operation shall be suspended, in whole or in part, as the case may be, in accordance with that decision; and particulars of that decision shall be published by the Secretary of State in a notice in the London, Edinburgh and Belfast Gazettes.

(3)This Order shall extend to the United Kingdom.

(4)Articles 3 and 4 shall apply to any person within the United Kingdom and to any person elsewhere who is —

(a)a British citizen, a British overseas territories citizen, a British Overseas citizen, a British subject, a British National (Overseas) or a British protected person; or

(b)a body incorporated or constituted under the law of any part of the United Kingdom.

Restricted goods

Article 3Supply of restricted goods#

(1)Any person who, except under the authority of a licence granted by the Secretary of State under this article or article 4 —

(a)supplies or delivers:

(b)agrees to supply or deliver; or

(c)does any act calculated to promote the supply or delivery of,

restricted goods to any person in Liberia 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 Liberia.

(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 Secretary of State under this article.

Article 4Exportation of restricted goods to Liberia#

Except under the authority of a licence granted by the Secretary of State under this article, restricted goods are prohibited to be exported from the United Kingdom to any destination in Liberia or to any destination for the purpose of delivery, directly or indirectly, to or to the order of any person in Liberia.

Article 5Use of ships, aircraft and vehicles: restricted goods#

(1)Without prejudice to the generality of article 3, and except under the authority of a licence granted by the Secretary of State under this article, no ship or aircraft to which this article applies, and no vehicle within the United Kingdom, shall be used for the carriage of restricted goods if the carriage is, or forms part of, carriage from any place outside Liberia to any destination therein.

(2)This article applies to ships registered in the United Kingdom, to aircraft so registered and to any other ship or aircraft that is for the time being chartered to any person who is —

(a)a British citizen, a British overseas territories citizen, a British Overseas citizen, a British subject, a British National (Overseas) or a British protected person; or

(b)a body incorporated or constituted under the law of any part of the United Kingdom.

(3)If any ship, aircraft or vehicle is used in contravention of paragraph (1) then —

(a)in the case of a ship registered in the United Kingdom or any aircraft so registered, the owner and the master of the ship or, as the case may be, the operator and the commander of the aircraft; or

(b)in the case of any other ship or aircraft, the person to whom the ship or aircraft is for the time being chartered and, if he is such a person as is referred to in paragraph (2)(a) or (b), the master of the ship or, as the case may be, the operator and the commander of the aircraft; or

(c)in the case of a vehicle, the operator of the vehicle,

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 carriage of the goods in question was, or formed part of, carriage from any place outside Liberia to any destination therein.

(4)Nothing in paragraph (1) shall apply where the supply or delivery or exportation from the United Kingdom of the goods concerned to Liberia was authorised by a licence granted by the Secretary of State under article 3 or 4.

(5)Nothing in this article shall be construed so as to prejudice any other provision of law prohibiting or restricting the use of ships, aircraft or vehicles.

Article 2Interpretation#

In this Order the following expressions have, except where otherwise expressly provided, the meaning hereby respectively assigned to them, that is to say —• “body corporate” includes a Scottish partnership and, in relation to such a partnership, any reference to a director or other officer of a body corporate is a reference to a partner;• “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;• “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 United Kingdom 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;• “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”, where the owner of a ship is not the operator, means the operator and any person to whom it is chartered;• “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;• “ship” has the meaning it bears in section 313 of the Merchant Shipping Act 1995;• “shipment” (and cognate expressions) and “stores” shall have the meanings they bear in the Customs and Excise Management Act 1979;• “vehicle” means a land transport vehicle.

General

Article 6Customs powers to demand evidence of destination which goods reach#

Any exporter or any shipper of restricted goods which have been exported from the United Kingdom shall, if so required by the Commissioners of Customs and Excise, furnish within such time as they may allow proof to their satisfaction that the goods have reached either —

(a)a destination to which they are authorised to be exported by a licence granted under this Order; or

(b)a destination to which their exportation was not prohibited by this Order,

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.

Article 7Offences in connection with application for licences, conditions attaching to licences, etc#

(1)If for the purpose of obtaining any licence under this Order any person makes any statement or furnishes any document or information which to his knowledge is false in a material particular, or recklessly makes any statement or furnishes any document or information which is false in a material particular, he shall be guilty of an offence under this Order.

(2)Any person who has done any act under the authority of a licence granted by the Secretary of State under this Order and who fails to comply with any conditions attaching to that licence shall be guilty of an offence under this Order.

Article 8Declaration as to goods: powers of search#

(1)Any person who is about to leave the United Kingdom shall, if he is required to do so by an officer of Customs and Excise —

(a)declare whether or not he has with him any restricted goods which are destined for Liberia or for delivery, directly or indirectly, to or to the order of any person in Liberia; and

(b)produce such goods as aforesaid which he has with him.

Article 9Investigation, etc. of suspected ships#

(1)Where any authorised officer has reason to suspect that any ship to which article 5 applies has been or is being or is about to be used in contravention of paragraph (1) of that article—

(a)he may (either alone or accompanied and assisted by persons under his authority) board the ship and search her and, for that purpose, may use or authorise the use of reasonable force;

(b)he may request the master of the ship to furnish such information relating to the ship and her cargo and produce for his inspection such documents so relating and such cargo as he may specify; and

(c)in the case of a ship that is reasonably suspected of being or of being about to be used in contravention of paragraph (1) of article 5, any authorised officer (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under sub-paragraph (b)), with a view to preventing the commission (or the continued commission) of any such contravention, or in order that enquiries into the matter may be pursued, may take the further action specified in paragraph (2).

(2)The further action referred to in paragraph (1)(c) is either —

(a)to direct the master of the ship to refrain, except with the consent of any authorised officer, from landing at any port specified by the officer any part of the ship’s cargo that is so specified; or

(b)to request the master of the ship to take any one or more of the following steps:

(i)to cause the ship not to proceed with the voyage on which she is then engaged or about to engage until the master is notified by an authorised officer that the ship may so proceed;

(ii)if the ship is then in port in the United Kingdom, to cause her to remain there until the master is notified by an authorised officer that the ship may depart;

(iii)if the ship is then in any other place, to take her to any such port specified by the officer and to cause her to remain there until the master is notified as mentioned in sub-paragraph (ii); and

(iv)to take her to any other destination that may be specified by the officer in agreement with the master.

(3)Without prejudice to the provisions of article 12(3), where —

(a)a master refuses or fails to comply with a request made under paragraph (2)(b); or

(b)an authorised officer otherwise has reason to suspect that such a request that has been so made may not be complied with,

any such officer may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose enter upon, or authorise entry upon, that ship and use, or authorise the use of, reasonable force.

(4)In this article “authorised officer” means an officer as is referred to in section 284(1) of the Merchant Shipping Act 1995.

Article 10Investigation, etc. of suspected aircraft#

(1)Where any authorised officer or authorised person has reason to suspect that any aircraft to which article 5 applies has been or is being or is about to be used in contravention of paragraph (1) of that article —

(a)he may (either alone or accompanied and assisted by persons under his authority) board the aircraft and search it and, for that purpose, may use or authorise the use of reasonable force;

(b)he may request the charterer, the operator and the commander of the aircraft or any of them to furnish such information relating to the aircraft and its cargo and produce for his inspection such documents so relating and such cargo as he may specify; and

(c)if the aircraft is then in the United Kingdom, any authorised officer or authorised person may (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under sub-paragraph (b)) further request the charterer, operator and the commander or any of them to cause the aircraft and any of its cargo to remain in the United Kingdom until notified that the aircraft and its cargo may depart.

(2)Without prejudice to the provisions of article 12(3), where an authorised officer or authorised person has reason to suspect that any request that has been made under paragraph (1)(c) may not be complied with, he may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose —

(a)enter, or authorise entry, upon any land and upon that aircraft;

(b)detain, or authorise the detention of, that aircraft and any of its cargo; and

(c)use, or authorise the use of, reasonable force.

(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 officer” means any officer of the Customs and Excise;• “authorised person” means any person authorised by the Secretary of State for the purpose of this article either generally or in a particular case.

Article 11Investigation, etc. of suspected vehicles#

(1)Where any authorised officer or authorised person has reason to suspect that any vehicle in the United Kingdom has been or is being or is about to be used in contravention of article 5 —

(a)he may (either alone or accompanied and assisted by persons under his authority) enter the vehicle and search it and, for that purpose, may use or authorise the use of reasonable force;

(b)he may request the operator and the driver of the vehicle or either of them to furnish such information relating to the vehicle and any goods contained in it and produce for his inspection such documents so relating and such goods as he may specify; and

(c)any authorised officer or authorised person may (either there and then or upon consideration of any information furnished or document or goods produced in pursuance of a request made under sub-paragraph (b)) further request the operator or the driver to cause the vehicle and any goods contained in it to remain in the United Kingdom until notified that the vehicle may depart.

(2)Without prejudice to the provisions of article 12(3), where any authorised officer or authorised person has reason to suspect that any request that has been made under paragraph (1)(c) may not be complied with, he may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose —

(a)enter, or authorise entry, upon any land and enter, or authorise entry of, that vehicle;

(b)detain, or authorise the detention of, that vehicle and any goods contained in it; and

(c)use, or authorise the use of, reasonable force.

(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.

Article 12Provisions supplementary to articles 9 to 11#

(1)No information furnished or document produced by any person in pursuance of a request made under article 9,10 or 11 shall be disclosed except —

(a)with the consent of the person by whom the information was furnished or the document was produced:

Article 13Obtaining of evidence and information#

The provisions of Schedule 2 shall have effect in order to facilitate the obtaining, by or on behalf of the Secretary of State or the Commissioners of Customs and Excise —

(a)of evidence and information for the purpose of securing compliance with or detecting evasion of —

(i)this Order in the United Kingdom; or

(ii)any law making provision with respect to any of the matters regulated by this Order that is in force in any of the Channel Islands or the Isle of Man or any territory listed in Schedule 1; and

(b)of evidence of the commission of —

(i)in the United Kingdom, an offence under this Order or, with respect to any of the matters regulated by this Order, an offence relating to customs; or

(ii)with respect to any of those matters, an offence under the law of any of the Channel Islands or the Isle of Man or any territory listed in Schedule 1.

Article 14Investigations by the Commissioners of Customs and Excise#

Where the Commissioners of Customs and Excise investigate or propose to investigate any matter with a view to determining —

(a)whether there are grounds for believing that an offence under this Order has been committed; or

(b)whether a person should be prosecuted for such an offence,

the matter shall be treated as an assigned matter within the meaning of section 1(1) of the Customs and Excise Management Act 1979.

Article 15Penalties and proceedings#

(1)Any person guilty of an offence under article 3 or 5(3) shall be liable —

(a)on conviction on indictment to imprisonment for a term not exceeding seven years or to a fine or to both; or

(b)on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.

(2)Any person guilty of an offence under article 12(3)(b)(ii) or paragraph 5(b) or (d) of Schedule 2 shall be liable —

(a)on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;

(b)on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.

(3)Any person guilty of an offence under article 7(1) or (2) or article 8(3) shall be liable —

(a)on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;

(b)on summary conviction to a fine not exceeding the statutory maximum.

(4)Any person guilty of an offence under article 12(3)(a), (b)(i) or (c), or paragraph 5(a) or (c) of Schedule 2, shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.

(5)Any person guilty of an offence under article 6 or 8(2) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(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)Notwithstanding anything in section 127(1) of the Magistrates' Courts Act 1980, a summary offence under this Order may be tried by a magistrates' court in England and Wales if an information is laid at any time within three years after the commission of the offence and within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to his knowledge.

(8)Notwithstanding anything in section 136 of the Criminal Procedure (Scotland) Act 1995, summary proceedings in Scotland for an offence under this Order may be commenced at any time within 12 months after the date on which evidence sufficient in the Lord Advocate’s opinion to justify the proceedings came to his knowledge; and subsection (3) of that section applies for the purpose of this paragraph as it applies for the purpose of that section:

Article 16Exercise of the powers of the Secretary of State#

(1)The Secretary of State 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 to any person, or class or description of persons, approved by him, and references in this Order to the Secretary of State 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 the authority that granted them.

Schedule 1 · Disclosure of information - listed territories

Schedule 2 · Evidence and information

(1)

(1)Without prejudice to any other provision of this Order, or any provision of any other law, the Secretary of State or the Commissioners of Customs and Excise may request any person in or resident in the United Kingdom to furnish to him or to them any information in his possession or control, or to produce to him or to them any document in his possession or control, which he or they may require for the purpose of securing compliance with or detecting evasion of this Order; and any person to whom such a request is made shall comply with it within such time and in such manner as may be specified in the request.

(2)Nothing in sub-paragraph (1) shall be taken to require any person who has acted as counsel or solicitor for any person to furnish or produce any privileged information or document in his possession in that capacity.

(3)Where a person is convicted of failing to furnish information or produce a document when requested so to do under this paragraph, the court may make an order requiring him, within such period as may be specified in the order, to furnish the information or produce the document.

(4)The power conferred by this paragraph to request any person to produce documents shall include power to take copies of or extracts from any document so produced and to request that person, or, where that person is a body corporate, any other person who is a present or past officer of, or is employed by, the body corporate, to provide an explanation of any of them.

(5)The furnishing of any information or the production of any document under this paragraph shall not be treated as a breach of any restriction imposed by statute or otherwise.

(2)

(1)If any justice of the peace is satisfied by information on oath given by any constable or person authorised by the Secretary of State or the Commissioners of Customs and Excise to act for the purposes of this paragraph either generally or in a particular case —

(a)that there is reasonable ground for suspecting that an offence under this Order or, with respect to any of the matters regulated by this Order, an offence under any enactment relating to customs has been or is being committed and that evidence of the commission of the offence is to be found on any premises specified in the information, or in any vehicle, ship or aircraft so specified; or

(b)that any documents which ought to have been produced under paragraph 1 and have not been produced are to be found on any such premises or in any such vehicle, ship or aircraft,

he may grant a search warrant authorising any constable or any officer of the Customs and Excise, together with any other persons named in the warrant and any other 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 —

(a)inspect and search those premises or the vehicle, ship or aircraft for any material which he has reasonable grounds to believe may be evidence in relation to an offence referred to in this paragraph;

(b)seize anything on the premises or on the vehicle, ship or aircraft which he has reasonable grounds for believing is evidence in relation to an offence referred to in this paragraph;

(c)seize anything on the premises or on the vehicle, ship or aircraft which he has reasonable grounds to believe are required to be produced in accordance with paragraph 1; or

(d)seize anything that is necessary to be seized in order to prevent it being concealed, lost, damaged, altered or destroyed.

(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 constable or officer of the Customs and Excise lawfully on the premises or on the vehicle, ship or aircraft by virtue of a warrant issued under sub-paragraph (1) may —

(a)search any person whom he has reasonable grounds to believe may be in the act of committing an offence referred to in this paragraph; and

(b)seize anything he finds in a search referred to in paragraph (a), if he has reasonable grounds for believing that it is evidence of an offence referred to in this paragraph:

(3)A person authorised by the Secretary of State 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 of an extract made of any document produced) by a person in pursuance of a request made under this Schedule and no document seized under paragraph 2(2) shall be disclosed except:

(a)with the consent of the person by whom the information was furnished or the document was produced or the person from whom the document was seized:

(5)Any person who —

(a)without reasonable excuse, refuses or fails within the time and in the manner specified (or, if no time has been specified, within a reasonable time) to comply with any request made under this Schedule by any person who is empowered to make it; or

(b)furnishes any information or produces any document which to his knowledge is false in a material particular; or recklessly furnishes any document or information which is false in a material particular to such a person in response to such a request; or

(c)otherwise wilfully obstructs any person in the exercise of his powers under this Schedule; or

(d)with intent to evade the provisions of this Schedule, destroys, mutilates, defaces, secretes or removes any document,

shall be guilty of an offence under this Order.

Contains public sector information licensed under the Open Government Licence v3.0.

Article 1Citation, commencement, operation and extent#

Article 3Supply of restricted goods#

Article 4Exportation of restricted goods to Liberia#

Article 5Use of ships, aircraft and vehicles: restricted goods#

Article 2Interpretation#

Article 6Customs powers to demand evidence of destination which goods reach#

Article 7Offences in connection with application for licences, conditions attaching to licences, etc#

Article 8Declaration as to goods: powers of search#

Article 9Investigation, etc. of suspected ships#

Article 10Investigation, etc. of suspected aircraft#

Article 11Investigation, etc. of suspected vehicles#

Article 12Provisions supplementary to articles 9 to 11#

Article 13Obtaining of evidence and information#

Article 14Investigations by the Commissioners of Customs and Excise#

Article 15Penalties and proceedings#

Article 16Exercise of the powers of the Secretary of State#

Connections

Defined terms · 8

History · 1 version

Article 1Citation, commencement, operation and extent#

Article 3Supply of restricted goods#

Article 4Exportation of restricted goods to Liberia#

Article 5Use of ships, aircraft and vehicles: restricted goods#

Article 2Interpretation#

Article 6Customs powers to demand evidence of destination which goods reach#

Article 7Offences in connection with application for licences, conditions attaching to licences, etc#

Article 8Declaration as to goods: powers of search#

Article 9Investigation, etc. of suspected ships#

Article 10Investigation, etc. of suspected aircraft#

Article 11Investigation, etc. of suspected vehicles#

Article 12Provisions supplementary to articles 9 to 11#

Article 13Obtaining of evidence and information#

Article 14Investigations by the Commissioners of Customs and Excise#

Article 15Penalties and proceedings#

Article 16Exercise of the powers of the Secretary of State#

Key facts