OpenLegislation

Article 11 Application of articles 6, 7, 9 and 10

Original text. Later amendments are not shown.

(1)

The provisions of articles 6, 7(3) and (4), 9 and 10 shall apply to any person within the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey and to any person elsewhere who—

(a)

is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject or a British protected person and is ordinarily resident in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey; or

(b)

is a body incorporated or constituted under the law of any part of the Bailiwick of Guernsey or, as the case may be, the law of the Bailiwick of Jersey.

(2)

Subject to the provisions of paragraph (3) below, any person specified in paragraph (1) above who contravenes the provisions of article 6, 7(3) or (4), 9 or 10 shall, in the Bailiwick in question, be guilty of an offence.

(3)

In the case of proceedings for an offence in contravention of article 6 it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the goods in question were to be supplied or delivered to or to the order of a person connected with Haiti.

(4)

In the case of proceedings for an offence in contravention of article 7(3) or (4) it shall be a defence for the accused person to show that he did not know and had no reason to suppose that the goods in question were exported from Haiti or were exported therefrom after 23rd May 1994, as the case may be.

(5)

In the case of proceedings for an offence in contravention of article 10(1)(a) or (b) it shall be a defence for the accused person to prove that—

(a)

he did not know and had no reason to suppose that payment was made to or to the order of a person connected with Haiti; or

(b)
(i)

he did not know and had no reason to suppose that the bond was given in respect of a contract the performance of which was unlawful as described in article 10(2); and

(ii)

he made all reasonable enquiries to ascertain whether the bond was given in respect of such a contract:

Provided that sub-paragraph (b) shall not apply in the case of procedings for an offence in contravention of article 10(1)(b) of this Order where the accused person is a party to the contract in respect of which the bond was given.