International Criminal Tribunal for the Former Yugoslavia (Freezing of funds and Economic Resources of Indictees) Ordinance, 2005

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The International Criminal Tribunal for the Former Yugoslavia (Freezing of Funds and Economic Resources of Indictees) (Guernsey) Ordinance, 2005

THE STATES LEGISLATION SELECT COMMITTEE, in exercise of the powers conferred on the States by sections 1 and 4 of the European Communities (Implementation) (Bailiwick of Guernsey) Law, 1994[a] and on the Committee by Article 66(3) of the Reform (Guernsey) Law, 1948[b], hereby orders:-

Breaches of the EC Regulation.

1. A person who commits a breach of Article 2(3) of the EC Regulation is guilty of an offence.

Requests for authorisations etc.

2. A person who, in connection with a request for an authorisation pursuant to Article 3 or 4 of the EC Regulation -

(a) makes any statement or furnishes any document or information which to his knowledge is false in a material particular, or

(b) recklessly makes any statement or furnishes any document or information which is false in a material particular,

is guilty of an offence.

Information.

3. The Schedule has effect in order to facilitate the obtaining by or on behalf of the Council of information for the purpose of ensuring compliance with the EC Regulation.

Penalties and proceedings.

4. (1) A person guilty of an offence under section 1 or 2 or paragraph 2(b) or (c) of the Schedule is liable -

(a) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both,

(b) on summary conviction, to imprisonment for a term not exceeding 3 months, or a fine not exceeding level 5 on the uniform scale, or both,

(2) A person guilty of an offence under paragraph 2(a) or 3(2) of the Schedule is liable on summary conviction to imprisonment for a term not exceeding 3 months, or a fine not exceeding level 5 on the uniform scale, or both.

(3) Where a body corporate is guilty of an offence under this Ordinance, and the 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 purporting to act in any such capacity, he as well as the body corporate is guilty of the offence and may be proceeded against and punished accordingly.

Interpretation.

5. In this Ordinance -

"Council" means the States of Guernsey Policy Council,

"EC Regulation" means Council Regulation (EC) No. 1763/2004 of 11^th October 2004 concerning the imposition of certain restrictive measures in support of effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia,[c]

"Guernsey" means the Bailiwick of Guernsey apart from Alderney and Sark, and

"uniform scale" means the uniform scale of fines for the time being specified in section 1 of the Uniform Scale of Fines (Bailiwick of Guernsey) Law, 1989[d].

Competent authority.

6. For the purposes of the EC Regulation the competent authority is the Council.

Citation and commencement.

7. This Ordinance may be cited as the International Criminal Tribunal for the Former Yugoslavia (Freezing of Funds and Economic Resources of Indictees) (Guernsey) Ordinance, 2005 and shall come into force on the 15^th February, 2005.

SCHEDULE

Section 3

1. (1) The Council (or any person authorised by it for that purpose either generally or in a particular case) may request any person in or resident in Guernsey to furnish or produce to it (or, as the case may be, to that authorised person) any information or document in his possession or control which the Council (or, as the case may be, that authorised person) may require for the purpose of ensuring compliance with the EC Regulation and a person to whom such a request is made shall comply with it within such time and in such manner as may be specified in the request.

(2) No obligation of secrecy or confidence or other restriction on the disclosure of information to which any person may be subject, whether arising by statute, contract or otherwise, is contravened by reason of the disclosure by that person or by any of his officers, servants or agents of any information or document in compliance with this Schedule.

(3) Nothing in this Schedule compels the production by an advocate or other legal adviser of a communication subject to legal professional privilege, but an advocate or other legal adviser may be required to give the name and address of any client.

(4) Where a person is convicted of an offence under this Schedule of failing to furnish any information or produce any document, the court may make an order requiring him, within such period as may be specified in the order, to furnish the information or produce the document.

(5) The power conferred by this paragraph to request any person to produce documents shall include power to take copies of or extracts from any document so produced and to request that person or, where that person is a body corporate, any other person who is a present or past officer of, or is employed by, the body corporate, to provide an explanation of any such document.

2. A person who -

(a) without reasonable excuse, refuses or fails within the time and in the manner specified (or, if no time has been specified, within a reasonable time) to comply with a request made under this Schedule,

(b) intentionally furnishes any false information, document or explanation, or recklessly furnishes any information, document or explanation which is false, to any person exercising his powers under this Schedule, or

(c) with intent to evade the provisions of this Schedule, destroys, mutilates, defaces, secretes or removes any document,

is guilty of an offence.

3. (1) No information furnished or document produced (including any copy or extract made of any document produced) by any person in pursuance of a request made under this Schedule shall be disclosed except -

(a) with the consent of the person by whom the information was furnished or the document was produced: provided that a person who has obtained information or is in possession of a document only in his capacity as servant or agent of another person may not give consent for the purposes of this subparagraph but such consent may instead be given by any person who is entitled to that information or to possession of that document in his own right,

(b) to any person who would have been empowered under this Schedule to request that it be furnished or produced or any person holding or acting in any office under or in the service of the Crown in respect of Guernsey,

(c) on the authority of the Council, to the European Commission or to any of the competent authorities listed in Annex II to the EC Regulation, for the purpose of assisting the Commission or that competent authority to ensure compliance with the EC Regulation, or

(d) for the purposes of the investigation, prevention or detection of crime or with a view to the instigation of, or otherwise for the purposes of, any criminal proceedings.

(2) A person who without reasonable excuse discloses any information or document in contravention of subparagraph (1) is guilty of an offence.

[a]	Order in Council No. III of 1994.
[b]	Ordres en Conseil Vol. XIII, p. 288; there are amendments not material to this Ordinance.
[c]	OJL 315/14. 14.10.2004.
[d]	Ordres en Conseil Vol. XXX1, p. 278.