Memorandum by the Foreign
and Commonwealth Office
1. The Committee has raised
a number of points in relation to the above Orders, and in relation
to the Afghanistan (United Nations Sanctions) (Channel Islands)
Order 1999 (S.I. 1999/3134) and the Afghanistan (United Nations
Sanctions) (Isle of Man) Order 1999 (S.I. 1999/3135) on which
the Home Office will be submitting separately.
S.I. 1999/3133 extends to the Channel Islands and the Isle of
Man, explain the need for separate Orders (S.I. 1999/3134
and 3135) extending respectively to the islands.
2. The Memorandum to be submitted
by the Home Office will explain the need for separate Orders in
respect of assets freeze provisions. Restrictions on international
aviation pursuant to UN sanctions measures are implemented for
the United Kingdom, Channel Islands and Isle of Man in the same
Order because permission to operate international services to
and from the Crown dependencies, as well as to and from the United
Kingdom, is granted by the Department of Environment, Transport
and the Regions. An amendment will be made to article 1(3) of
S.I. 1999/3133 to specify that Order extends to the Crown Dependencies
only in relation to the prohibition of flights.
of the Isle of Man Order provides that the prohibition against
making funds available to the Taliban applies to any person within
the Isle of Man and to any person elsewhere who [(a)] is ordinarily
resident in the Isle of Man and who is (for example) a British
citizen. Article 5(1)(a) of the Overseas Territories Order contains
a corresponding requirement as to ordinary residence. On the other
hand, article 4(a) of the Channel Islands Order and article 5(1)(a)
of S.I. 1999/3133 contain no such corresponding requirement. Explain
the reasons for this difference.
3. Whereas S.I. 1999/3133 applies
to, for example, British citizens wherever they may be, irrespective
of where they are resident, the Overseas Territories and Crown
Dependencies are given jurisdiction under the Orders in Council
applying respectively to them only over British citizens resident
in their territory to avoid unnecessary duplication of jurisdiction.
The Home Office is submitting seperately on the point raised in
respect of the Channel Islands Order.
reference, in paragraph 2 of the Schedule to the Isle of Man Order,
to the seizure of a document under "Schedule (2)".
4. This point will be dealt
with in a memorandum to be submitted by the Home Office.
8(1) of the Overseas Territories Order and of S.I. 1999/3133,
ought not the reference to article "3(2)" to have read
5. A correction will be made
at the earliest opportunity.
14th December 1999