The United Nations Arms Embargoes (Somalia, Liberia and Rwanda) (Channel Islands) (Amendment) Order 1997

Link to law: http://www.legislation.gov.uk/uksi/1997/279/made/data.htm?wrap=true
Published: 1997-02-12

Whereas under Article 41 of the Charter of the United Nations the Security Council of the United Nations have, by resolutions adopted on 17th March 1994, 9th June 1995 and 16th August 1995, called upon Her Majesty’s Government in the United Kingdom and all other States to apply certain measures to give effect to a decision of that Council in relation to Rwanda:

Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by section 1 of the United Nations Act 1946(1), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

1.—(1) This Order may be cited as the United Nations Arms Embargoes (Somalia, Liberia and Rwanda) (Channel Islands) (Amendment) Order 1997 and shall come into force on 1st March 1997.

(2) In this Order “the Order” means the United Nations Arms Embargoes (Somalia, Liberia and Rwanda) (Channel Islands) Order 1996(2).

2.—(1) In article 3(1) of the Order (deliveries and supplies of certain goods to a prohibited destination), the word “or” after sub-paragraph (ii) shall be omitted.

(2) At the end of article 3(1) there shall be inserted—

“(iv)to any person in Burundi, Tanzania, Uganda or Zaire, knowing or suspecting that the goods in question are intended for use within Rwanda; or

(v)to any destination for the purpose of delivery, directly or indirectly, to any person in Burundi, Tanzania, Uganda or Zaire, knowing or suspecting that the goods in question are intended for use within Rwanda.”.

(3) In paragraph (1)(b) of article 7 of the Order (carriage of certain goods destined for a prohibited destination), for the words “prohibition destination” there shall be substituted “prohibited destination”.

(4) After article 7(1) of the Order, there shall be inserted the following paragraph—

“(1A) Without prejudice to the generality of article 3 of this Order, no ship or aircraft to which this article applies, and no vehicle within the Bailiwick of Guernsey or the Bailiwick of Jersey, shall be used except under the authority of a licence granted under article 3 above or this article by—

(a)in the case of the Bailiwick of Guernsey, Her Majesty’s Procureur, or

(b)in the case of the Bailiwick of Jersey, the Finance and Economics Committee,

for the carriage of prohibited goods if the person specified in sub-paragraph (a), (b) or (c) of paragraph (3) below in relation to the ship, aircraft or vehicle in question knows or suspects that the carriage is or forms part of carriage from any place outside Burundi, Tanzania, Uganda or Zaire to any person therein and that the goods in question are intended for use within Rwanda.”.

(5) After article 7(3) of the Order, there shall be inserted the following paragraph—

“(3A) If any ship, aircraft or vehicle is used in contravention of paragraph (1A) above, the person specified in sub-paragraph (a), (b) or (c) of paragraph (3) above in relation to the ship, aircraft or vehicle in question shall be guilty of an offence.”.

(6) In paragraphs (1), (4) and (6) of article 8 of the Order (investigation, etc. of suspected ships, aircraft and vehicles), after the words “paragraph (1)”, in each place where they occur, there shall be inserted “or (1A)”.

(7) In article 10(1) of the Order (penalties and proceedings), after the words “paragraph (3)”, in the second place where they occur, there shall be inserted “or (3A)”.

N.H. Nicholls
Clerk of the Privy Council

Explanatory Note

(This note is not part of the Order)
This Order amends the United Nations Arms Embargoes (Somalia, Liberia and Rwanda) (Channel Islands) Order 1996 which implemented various resolutions of the United Nations.
Resolutions 918 (1994) of 17th May 1994, 997 (1995) of 9th June 1995 and 1011 (1995) of 16th August 1995 provided for States to prohibit the sale and supply of arms and related materiel to persons in the States neighbouring Rwanda if such sale or supply is for the purpose of the use of such arms or materiel in Rwanda. There is some doubt as to whether the 1996 Order sufficiently covered this aspect of the resolutions and this Order amends that Order so as to make express provision about supply to States neighbouring Rwanda.


(1)
1946 c. 45.

(2)
S.I. 1996/3154.
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