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Joint Committee on Statutory Instruments Fifth Report

Memorandum by the Foreign and Commonwealth Office

(S.I. 1999/3133)

(S.I. 1999/3136)

  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.

    (1)Given that 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.

    (2)Article 4(1) 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.

    (3)Explain the 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.

    (4)In article 8(1) of the Overseas Territories Order and of S.I. 1999/3133, ought not the reference to article "3(2)" to have read "3(3)"?

  5. A correction will be made at the earliest opportunity.

14th December 1999

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