Paragraph 1 Interpretation

after the definition of “the 2003 resolution”, insert–

• ““the 2004 Order” means the Iraq (United Nations Sanctions) (Amendment) Order 2004^f2;”;

delete the definition of “designated funds”;

for the definition of “designated person”, substitute:

• ““designated person” means a person who is not a listed person but is a designated 23a person or a designated 23b person;”;

for the definition of “immediate family member”, substitute:

• ““immediate family member” includes a parent, son (whether or not adopted), daughter (whether or not adopted), spouse, or sibling of the whole or half blood;”;

for the definition of “Sanctions Committee”, substitute:

• ““Sanctions Committee” means such committee as is established by the Security Council of the United Nations with responsibility from time to time for identifying pursuant to paragraph 19 of the 2003 resolution individuals and entities referred to in paragraph 23 of that resolution;”;

for the definition of “senior official”, substitute:

• ““senior official” includes any individual who immediately before 20th March 2003 was –

  1. (i)

     a cabinet official of the former government of the Republic of Iraq;

  2. (ii)

     a member of the former Iraqi Parliament;

  3. (iii)

     a head or senior member of the Iraqi military or security forces, intelligence services, military police or paramilitary police who was of a rank at least equivalent to a listed 23b person;

  4. (iv)

     a head or senior member of an enterprise that was owned or controlled by the former government of the Republic of Iraq who was of a rank at least equivalent to a listed 23b person;

  5. (v)

     a senior member of the Iraqi Ba'ath Party who was of a rank at least equivalent to a listed 23b person; or

  6. (vi)

     an official of a lower rank who performed crucial functions at least equivalent to those performed by a listed 23b person.; and”

insert alphabetically the following new definitions:

• ““designated 23a person” means any person whose funds (including any funds held for him or on his behalf) are subject to a direction given by the Governor under article 4A(1);

• “designated 23b person” means any person whose funds (including any funds held for him or on his behalf) are subject to a direction given by the Governor under article 4A(2);

• “listed person” means a listed 23a person or a listed 23b person;

• “listed 23a person” means any person identified by the Sanctions Committee pursuant to paragraph 19 of the 2003 resolution as being an entity referred to in paragraph 23(a) of that resolution;

• “listed 23b person” means any person identified by the Sanctions Committee pursuant to paragraph 19 of the 2003 resolution as being an individual or entity referred to in paragraph 23(b) of that resolution;

• “Supreme Court” means the court of the Territory having unlimited jurisdiction in civil proceedings;”.

for “a body (“B”) is controlled by a person or government (“P”) if”, substitute “the circumstances in which a body (“B”) is to be treated as being controlled by a person or government (“P”) include, but are not limited to, where”;

in sub-paragraph (a), delete “or” in the last place it appears; and

after sub-paragraph (b), insert–

“(c)

P, by virtue of his or its voting power in B or otherwise, is entitled to make use of any or all of B’s assets;

(d)

P manages itself and B, or B and other bodies, together whilst publishing consolidated accounts;

(e)

P shares, jointly and severally, the financial liabilities of B; or

(f)

P provides any form of guarantee for the financial liabilities of B.”.