Joint Committee on Statutory Instruments Twenty-Eighth Report

Appendix 1

S.I. 2003/1516: memorandum from the Foreign and Commonwealth Office

Iraq (United Nations Sanctions) (Overseas Territories) Order 2003 (S.I 2003/1516)

1. The Committee has submitted, dated 1 July 2003, a request for a memorandum on the following points in relation to the Order, which will be answered in turn.

(a) Article 6 makes it an offence for a person, without the authority of a licence, to knowingly export restricted goods from the Territory to any destination in Iraq or to any destination for the purpose of delivery, directly or indirectly, to or to the order of any person in Iraq. Explain the need for this provision in relation to the export of restricted goods to Iraq, given article 5.

2. There is no immediate need for article 6, given article 5. Article 6 is included to ensure consistency with the provisions of article 6 in the Iraq (United Nations Sanctions) Order 2003 (S.I. 2003/1519), the Iraq (United Nations Sanctions) (Channel Islands) Order 2003 (S.I. 2003/1521) and the Iraq (United Nations Sanctions) (Isle of Man) Order 2003 (S.I. 2003/1522).

3. As explained in the accompanying memorandum, the Customs and Excise Management Act 1979 does not extend to the Overseas Territories. Article 6 of the Order therefore contains a specific offence, with similar penalty to article 5, as set out in article 19(1).

4. This follows precedent in other recent statutory instruments implementing United Nations arms embargoes, including article 4 of the Somalia (United Nations Sanctions) (Overseas Territories) Order 2002 (S.I. 2002/2631).

(b) Explain the reference to "Any such officer" in article 13(1). Are those words meant to refer to the Governor (as defined in article 4)? If so, is it intended that the Governor or other officer administering the Government of the Territory should himself be able to search a person who is about to leave the Territory?

5. The Governor would certainly have the power to do so. This article also contains powers for "any person acting under his direction" to perform any necessary search. Moreover, article 20(1) of the Order allows the Governor to delegate any of his powers under the Order to any person.

6. Nevertheless, it is appreciated that this is not as clear as it could be, and an early opportunity will be sought to correct this by amending legislation, by inserting the words "an officer authorised for the purpose by" before "the Governor".

(c) Articles 15(3) and 16(3) require an authorised person (that is, any person authorised by the Governor) to produce evidence of his authority, if requested to do so, before or on exercising his powers. Explain the omission of a corresponding provision in article 14 in relation to a person authorised by the Governor under article 14(4).

7. This point had previously been discussed between Government departments and it had been agreed to omit the provision referred to from article 14 given the distinction between "authorised officer" and "authorised person" in article 14 and articles 15 and 16 respectively. In the light of the Committee's interest, however, and following further consideration, it has been agreed that the distinction should not be maintained. An early opportunity will be sought to insert the provision into article 14 by amending legislation.

7 July 2003

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