The Iraq and Kuwait (United Nations Sanctions) (No. 2) Order 1990

Made: 5th October 1990

Laid before Parliament: 5th October 1990

Coming into force: 6th October 1990

At the Court at Balmoral, the 5th day of October 1990 Present, The Queen’s Most Excellent Majesty in Council

Now therefore Her Majesty, in exercise of the powers conferred on Her by section 1 of the United Nations Act 1946[^f00001], is pleased , by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Citation and commencement, extent and interpretation

1

• (1) This Order may be cited as the Iraq and Kuwait (United Nations Sanctions) (No. 2) Order 1990 and shall come into force on 6th October 1990.

• (2) This Order shall extend to the United Kingdom, the Channel Islands and the Isle of Man.

• (3) In this Order the following expressions have the meanings hereby respectively assigned to them, that is to say–

• “commander”, in relation to an aircraft, means the member of the flight crew designated as commander of the aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of the aircraft;

• “operator”, in relation to an aircraft means the person for the time being having the management of the aircraft;

• “master”, in relation to a ship, includes any person (other than a pilot) for the time being in charge of a ship; and

• “harbour master”, includes any dock master or pier master who is not the subordinate of a harbour master and any deputy or assistant of a harbour master or of such a dock master or pier master.

Restrictions on Aircraft

2

• (1) Except with the permission of the Secretary of State granted under this paragraph no aircraft, wherever registered, shall fly over the territory of the United Kingdom or any other place to which this Order extends, to any destination in Iraq or Kuwait.

• (2) Without prejudice to the generality of article 7 of this Order, any permission granted under paragraph (1) of this article may require, as a condition of that permission, that the aircraft lands at an aerodrome (whether in the United Kingdom or elsewhere) specified in the permission, to enable an inspection of the aircraft and its cargo to be carried out.

• (3) If any aircraft is used in contravention of the provisions of this article, then the operator and the commander of the aircraft shall be guilty of an offence against this Order.

3

• (1) This article applies to aircraft registered in the United Kingdom and to any other aircraft that is for the time being operated by any person who is:

• (a) a British citizen, a British Dependent Territories citizen, a British Overseas citizen or a British protected person; or

• (b) a body incorporated or constituted under the law of the United Kingdom or the law of any other place to which this Order extends.

• (2) If any aircraft to which this article applies flies over the territory of any State other than the United Kingdom or any other place to which this Order extends to any destination in Iraq or Kuwait and fails to land at an aerodrome designated by that State in pursuance of a requirement to land then:

• (a) in the case of an aircraft registered in the United Kingdom, the operator and the commander of the aircraft; and

• (b) in the case of any other aircraft, where he is a person referred to in paragraph (1) above, the operator and the commander of the aircraft;

shall be guilty of an offence against this Order.

4

• (1) In relation to any aircraft required to land at an aerodrome in the United Kingdom or any other place to which this Order extends, in consequence of article 2 of this Order or in consequence of a request by a State other than the United Kingdom, any officer of customs and excise or any person authorised by the Secretary of State may request the charterer, the operator and the commander of the aircraft or any of them to furnish such information relating to the aircraft and its cargo and produce for his inspection such documents so relating and such cargo as he may specify, and that officer or authorised person may (either alone or accompanied and assisted by persons under his authority) board the aircraft and search it and, for that purpose, may use or authorise the use of reasonable force; and any such officer or authorised person may further request the charterer, operator and the commander or any of them to cause the aircraft to remain at that aerodrome until notified that it may depart; and the charterer, operator and the commander shall comply with any such request.

• (2) Without prejudice to the provisions of paragraph (6) of this article, where any such officer as aforesaid or any person authorised as aforesaid has reason to suspect that any request that an aircraft should remain at an aerodrome that has been made under paragraph (1) of this article may not be complied with, that officer or authorised person may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose:

• (a) enter, or authorise entry, upon any land and upon that aircraft;

• (b) detain, or authorise the detention of, that aircraft; and

• (c) use, or authorise the use of, reasonable force.

• (3) A person authorised by the Secretary of State to exercise any power for the purposes of paragraphs (1) or (2) of this article shall, if requested to do so, produce evidence of his authority before exercising that power.

• (4) No information furnished or document produced by any person in pursuance of a request made under this article shall be disclosed except:

• (a) with the consent of the person by whom the information was furnished or the document was produced–

Restrictions on Ships

5

• (1) Except with the permission of the Secretary of State granted under this paragraph no ship registered in Iraq shall enter any port in the United Kingdom or any other place to which this Order extends, except where entry is required by reason of stress of weather or other force majeure.

• (2) Every harbour master shall give all such directions as may be necessary to prohibit any ship registered in Iraq from entering the harbour for which he is harbour master, except where entry is required by reason of stress of weather or other force majeure or a permission has been granted under paragraph (1) of this article.

• (3) If any ship registered in Iraq enters a port in the United Kingdom or any other place to which this Order extends, in contravention of the provisions of this article then both the master and the owner of that ship shall be guilty of an offence against this Order.

• (4) Where a ship registered in Iraq enters a harbour within the United Kingdom or the approaches to such a harbour any authorised officer, that is to say, any such officer as is referred to in section 692(1) of the Merchant Shipping Act 1894[^f00002] may, if he is satisfied that the ship is being used or has been used for the carriage of any goods which have been exported from Iraq or Kuwait after 6th August 1990, or is being used or has been used after 6th August 1990 for the carriage of any goods from any place outside Iraq or Kuwait to any destination therein, or to any person for the purposes of any business carried on in or operated from Iraq and Kuwait, detain the ship and keep the same in detention for as long as this Order remains in force.

Penalties and proceedings

6

• (1) Any person guilty of an offence against this Order shall be liable–

• (a) on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both; or

• (b) on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both; or

• (c) on conviction in the Bailiwick of Jersey to imprisonment for a term not exceeding two years or to a fine or to both.

• (2) Where any body corporate is guilty of an offence against this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

• (3) Summary proceedings for an offence against this Order, being an offence alleged to have been committed outside the United Kingdom, may be commenced at any time not later than twelve months from the date on which the person charged first enters the United Kingdom after committing the offence.

• (4) Proceedings against any person for an offence against this Order may be taken before the appropriate court in the United Kingdom or in any place to which this Order extends, having jurisdiction in the place where that person is for the time being.

• (5) No proceedings for an offence against this Order shall be instituted in England, Wales, Northern Ireland or in the Isle of Man, or in the Bailiwick of Jersey, except by the Secretary of State or with the consent of the Attorney General or, as the case may be, the Attorney General for Northern Ireland or the Isle of Man or the Bailiwick of Jersey;

Exercise of powers of the Secretary of State

7

• (1) The Secretary of State may to such extent and subject to such restrictions and conditions as he may think proper, delegate or authorise the delegation of any of his powers under this Order to any person, or class or description of persons, approved by him, and references in this Order to the Secretary of State shall be construed accordingly.

• (2) Any permission granted under this Order may be either general or special, may be subject to or without conditions, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the authority that granted them.

Signed

G. I. de Deney — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order, made under the United Nations Act 1946, imposes restrictions pursuant to a decision of the Security Council of the United Nations in Resolution No. 670 of 25th September 1990, on aircraft overflying the United Kingdom or the Channel Islands or the Isle of Man, where their destination is Iraq or Kuwait. It also imposes restrictions on aircraft registered in, or operated from the United Kingdom, the Channel Islands or the Isle of Man, overflying other states where their destination is Iraq or Kuwait. This Order also imposes restrictions on ships registered in Iraq entering ports in the United Kingdom or the Channel Islands or the Isle of Man.

Footnotes

[^f00001]: 1946 c. 45.

[^f00002]: 1894 c. 60.