The United Nations Arms Embargoes (Dependent Territories) (Amendment) Order 1997

Link to law: http://www.legislation.gov.uk/uksi/1997/272/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 has, by resolutions adopted on 17th May 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 on 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:—

Citation and commencement

1.—(1) This Order may be cited as the United Nations Arms Embargoes (Dependent Territories) (Amendment) Order 1997 and shall come into force on 1st March 1997.

(2) In this Order “the Order” means the United Nations Arms Embargoes (Dependent Territories) Order 1995(2).

Amendment of the Order

2.—(1) In paragraph (1) of article 3 of the Order, the words after “any goods specified in Schedule 2 to this Order” shall be replaced by the following:

“(i)to a prohibited destination, or

(ii)to, or to the order of, any person connected with a prohibited destination, or

(iii)to any destination for the purpose of delivery, directly or indirectly, to a prohibited destination or to, or to the order of, any person connected with a prohibited destination, or

(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.”.

(2) In article 4 of the Order the words after “exported from the Territory” shall be replaced by the following:

“(i)to a prohibited destination, or

(ii)to, or to the order of, any person connected with a prohibited destination, or

(iii)to any destination for the purpose of delivery, directly or indirectly, to a prohibited destination or to, or to the order of, any person connected with a prohibited destination, or

(iv)to any person in Burundi, Tanzania, Uganda or Zaire in the knowledge or suspicion 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 in the knowledge or suspicion that the goods in question are intended for use within Rwanda.”.

(3) After paragraph (1) of article 8 of the Order there shall be inserted the following paragraph—

“(1A) Except under the authority of a licence granted by the Governor under this article, and 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 Territory, shall be used for the carriage of goods specified in Schedule 2 to this Order if the person specified in sub-paragraph (a), (b) or (c) of paragraph (3) of this article 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.”.

(4) After paragraph (3) of article 8 of the Order, there shall be inserted the following paragraph—

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

(5) In paragraphs (1), (3) and (5) of article 9 of the Order, after the words “paragraph (1)”, in each place where they occur, there shall be inserted “or (1A)”.

(6) In article 11(1) of the Order, after the words “article 8(3)”, 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, made under the United Nations Act 1946, implements in the dependent territories decisions of the Security Council of the United Nations in Resolutions 918 (1994) of 17th May 1994, 997 (1995) of 9th June 1995 and 1011 (1995) of 16th August 1995, which 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 within Rwanda.


(1)
1946 c. 45.

(2)
S.I. 1995/1032.
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