Federal Law on Prohibition on Certain Transportation

Ata Atun, Clelia Theodolou, Other Committee Members

 

 

 

 

Foundation Agreement

Annex III, Attachment 11, Law 3

 

 

 

 

 

 

 

 

 

 

 Federal Law on Cyprus Ships

(Prohibition on Certain Transportation)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

It is hereby provided as follows:

 

 

Short title.

1. This Law may be cited as the Federal Law on Cyprus Ships (Prohibition on Certain Transportation).

 

 

Interpretation.

2. In this Law, unless the context otherwise requires –

 

«Court» means a court of competent jurisdiction;

 

«Cyprus ship» has the meaning assigned to it by the Federal Law on Merchant Shipping (Registration of Ships, Sales and Mortgages);

 

 

 

«Gazette» means the federal Official Gazette

 

 

 

«Member» means the member of the Presidential Council heading the Department having responsibility for maritime affairs;

 

 

 

Power to the Presidential Council to prohibit certain transportations.

3. The Presidential Council shall have power, where the interest of Cyprus so requires or it becomes necessary so to do for the fulfillment of international obligations, by an order published in the Gazette to prohibit the transportation of cargoes specified in the Order by Cyprus ships between ports or areas specified in the Order and also to prohibit the calling of Cyprus ships at ports prescribed in the Order.

 

 

Power to the Member to order the production of certain documents etc.

4. –(1) The Member shall have power to order, in his discretion, the production   by   the   owner, operator, master or charterer of a Cyprus ship, within the time limit specified in the Order, and in the manner specified therein, of information, particulars or documents referring to -

 

   (a)    movements of the ship during the period of time specified in the Order;

 

 

 

   (b)    the freightage during that period and the cargoes transported thereby;

 

 

 

   (c)     the official Log-books of the ship and the entries therein; and

 

 

 

   (d)    any other matter which the Member may deem expedient under the circumstances.

 

 

 

     (2) Any person who fails to comply with any direction contained in an Order made under subsection (1) or contravenes any of the directions thereof or supplies any information in relation thereto which is false or insufficient, shall be guilty of an offence and shall be liable to imprisonment not exceeding two years or to a fine not exceeding five thousand pounds or to both such sentences and the Court may, in case of a second conviction or any subsequent conviction for the same offence, in addition order the  deletion of the said ship from the  Register of Cyprus Ships:

 

   Provided that the Court shall have power, at any stage of the proceedings and before the completion of the hearing of the case, on the production of sufficient evidence and if the same is of the opinion that this will serve the cause of justice, issue an interim order ordering the accused to comply forthwith with any direction contained in the Order or to put to an end any contravention thereof under any conditions the Court may order.

 

 

Offence.

5. The master, as well as the owner, operator or charterer of any Cyprus ship, which, in contravention of any prohibition provided by an Order issued under section 3, transports any cargo or calls at prohibited ports shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding ten thousand pounds or to both such sentences and the Court shall have power to order the deletion of the said ship from the Register of Cyprus Ships.

Jurisdiction of

the Court.

6. Notwithstanding the provisions of any other Law, any Court exercising criminal jurisdiction shall have jurisdiction to try any offence committed in contravention of the provisions of this Law and shall have all powers conferred by this Law upon the Court.

 

 

Regulations.

7. The Presidential Council may make regulations to be published in the Gazette for the better carrying into effect of the provisions of this Law.

 

 

Orders set out in Annexes I to IX.

8.–(1) The Orders set out in Annexes I to IX shall be deemed to be Orders made under section 3.

 

 

 

(2) The Presidential Council may, at any time, amend, repeal or substitute, in whole or in part, the Orders set out in the Annexes hereto.

 

 

 

 

 

 

 

 

 

                                            

 

 

ANNEX I

THE FEDERAL LAW ON CYPRUS SHIPS (PROHIBITION

ON CERTAIN TRANSPORTATION)

 

 

Order under sections 3 and 8

 

Whereas it is necessary, for the implementation of international obligations, originating from Resolutions 1171(1998), 1299 (2000), 1306 (2000) and 1385 (2001) of the Security Council of the United Nations as well as the Common Position 94/409/CFSP of the Council of European Union, to prohibit the transportation by Cyprus ships of arms and related material and of diamonds to and from Sierra Leone,

 

Therefore it is hereby provided, under sections 3 and 8 of the Federal Law on Cyprus Ships (Prohibition on Certain Transportation), as follows:

 

1. This Order may be cited as the Federal Law on Cyprus Ships (Prohibition of Transportation to Sierra Leone) Order.

 

2.The transportation by Cyprus ships of arms and related material of all types, including weapons and ammunitions, military vehicles and equipment, paramilitary equipment and spare parts to any port of Sierra Leone, is prohibited, unless they are destined for the legal Government of Sierra Leone, through points of entry named on a list, already supplied or to be supplied by said Government to the Secretary General of the United Nations.

 

 

 

3. The prohibitions mentioned above, do not apply in relation to arms and related material destined for the sole use of the Military Observer Group of the Economic Community of the West- African States ( ECOWAS) and the United Nations.

 

4. (1) Subject to the provisions of paragraph 2, the transportation by Cyprus ships of diamonds originating from Sierra Leone is prohibited.

 

(2) Rough diamonds controlled by the Government of Sierra Leone through the Certificate of Origin, are exempted from this prohibition.

 


 

 

       ANNEX II

THE FEDERAL LAW ON CYPRUS SHIPS (PROHIBITION ON

CERTAIN TRANSPORTATION)

 

 

Order under sections 3 and 8

 

Whereas it is necessary, for the implementation of international obligations, originating from the Resolutions 733(1992) and 1356(2001)of the Security Council of the United Nations,  to prohibit the transportation on Cyprus ships of every kind of military equipment and arms to Somalia,

 

Therefore it is hereby provided, under sections 3 and 8 of the Federal Law on Cyprus Ships (Prohibition on Certain Transportation), as follows:

 

1. This Order may be cited as the Federal Law on Cyprus Ships (Prohibition of Transportation to Somalia) Order.

 

2.The transportation by Cyprus ships of arms and military equipment to any port of Somalia is prohibited.

 

3. The above prohibitions shall not apply on protective clothing, including flak jackets and military helmets that are exported temporarily to Somalia for the personal use only of the United Nations personnel, representatives of the media and of personnel who  is   dealing  with  humanitarian,  developing  or  relevant works,  as  well  as  on supplies of non-lethal military equipment intended solely for humanitarian or protective use,  provided  that  it has been approved in advance by the Committee  of the United  Nations Security Council which was established pursuant to Resolution 751(1992).

 

 

 

 


 

 

ANNEX III

THE FEDERAL LAW ON CYPRUS SHIPS (PROHIBITION ON

CERTAIN TRANSPORTATION)

 

 

Order under sections 3 and 8

 

Whereas it is necessary, in order to comply with international obligations originating from Resolution 1483 (2003) of the Security Council of the United Nations, to issue an Order which prohibits the approach of Cyprus ships to ports of Iraq and the transportation between ports by Cyprus ships of cargoes which have their origin from, or destination to, Iraq,

 

Therefore it is hereby provided, under sections 3 and 8 of the Federal Law on Cyprus Ships (Prohibition on Certain Transportation), as follows:

 

1. This Order may be cited as the Federal Law on Cyprus Ships (Prohibition of Transportation to or from Iraq) Order.

 

2. The transportation by Cyprus ships of arms and related material to any port of Iraq is prohibited.

 

3. The above prohibition does not apply in relation to arms and related material for the purposes of implementing related resolutions on Iraq of the United Nations Organisation.

 

Authority for the purposes of this Order means the occupying powers under unified command of the United States of America and of the United Kingdom of Great Britain and Northern Ireland which have certain authorities, responsibilities and obligations under International Law as these were recognised through a letter of their Permanent Representatives to the President of the Security Council of the United Nations Organisation.

 

 


 

                                               

ANNEX IV

THE FEDERAL LAW ON CYPRUS SHIPS (PROHIBITION ON

CERTAIN TRANSPORTATION)

 

Order under sections 3 and 8

 

   Whereas United Cyprus Republic has declared on 26 April 1999, within the framework of her pre-accession strategy, as was done by the remaining of the associated with the European Union countries of Eastern and Central Europe and the EFTA countries which are members of the European Economic Area, that United Cyprus Republic will comply with the Common Position No. 7592/99, dated 23 April 1999, of the Council of European Union, which refers to the prohibition of supply and sale of petroleum and petroleum products to the Federal Republic of Yugoslavia, and,

  

Whereas, in view of said Declaration of United Cyprus Republic and of the policy followed with consistency in order to facilitate her accession as full member of the European Union, the interest of Cyprus demands the issue of a relevant Order for the materialization of the above declaration since it refers to transportation of  petroleum and petroleum products by Cyprus ships to and from any ports of the Federal Republic of Yugoslavia, excluding the case mentioned below at the Order,

 

 

Therefore it is hereby provided, under sections 3 and 8 of the Federal Law on Cyprus Ships (Prohibition on Certain Transportation), as follows:

 

1. This Order may be cited as the Federal Law on Cyprus Ships (Prohibition of Transportation to and from the Federal Republic of Yugoslavia) Order.

 

2. The transportation by United Cyprus Republic ships of petroleum and petroleum products, to and from ports of the Federal Republic of Yugoslavia, is prohibited.

 

3. Despite the provisions of paragraph 2, transportation is exceptionally permitted as described above, in cases where the Department of the federal government having, for the time being, responsibility in respect of foreign affairs, as competent authority, approves an exception from the prohibition mentioned in paragraph 2, upon transmission of a report in respect of the relevant subject, addressed to the latter by the Department of the federal government having, for the time being, responsibility in respect of natural resources. It is provided that no approval will be granted, unless it is ascertained that the specific cargo is destined for verified humanitarian purposes, that fall within the scope of Article 2 of Common Position No. 7592/99 of the Council of European Union.

 

 

 

 

 

 

 

ANNEX  V

THE FEDERAL LAW ON CYPRUS SHIPS (PROHIBITION ON

CERTAIN TRANSPORTATION)

 

 

Order under sections 3 and 8

 

Whereas it is necessary, for the implementation of international obligations, originating from the Resolution 1343(2001) and 1408 (2002) of the Security Council of the United Nations, to prohibit the transportation by Cyprus ships of arms and related material to Liberia,

 

Therefore it is hereby provided, under sections 3 and 8 of the Federal Law on Cyprus Ships (Prohibitions on Certain Transportation), as follows:

 

1. This Order may be cited as the Federal Law on Cyprus Ships (Prohibition of Transportation to Liberia) Order.

 

2.  The transportation by Cyprus ships of arms and related material of all types, including weapons and ammunitions, military vehicles and equipment, paramilitary equipment and relevant spare parts that are destined for Liberian ports, is prohibited.

 

 

 

3. The prohibition of paragraph 2 does not apply to supplies of non-lethal military equipment intended   solely    for   humanitarian or protective use and   related   technical assistance or training, provided it has been approved in advance by the competent Committee of the United Nations Security Council which was established under Resolution 1343(2001), as well as to protective clothing, including flak jackets and military helmets provisionally exported to Liberia for the personal use of United Nations personnel, representatives of the media and humanitarian and development  workers and personnel. 

 

4. The transportation by Cyprus Ships of rough diamonds that originate from Liberia is prohibited.

 

5.  The prohibition of paragraph 4 does not apply on rough diamonds controlled by the Government of Liberia through the Certificate of Origin regime.


 

 

ANNEX  VII

THE FEDERAL LAW ON CYPRUS SHIPS (PROHIBITION ON

CERTAIN TRANSPORTATION)

 

 

Order under sections 3 and 8

 

Whereas it is necessary, for the implementation of international obligations, originating from the Common Position 2002/145/CFSP of the Council of European Union, which refers to the imposition of sanctions against Zimbabwe, to prohibit the transportation of arms and related material to Zimbabwe,

 

Therefore it is hereby provided, under sections 3 and 8 of the Federal Law on Cyprus Ships (Prohibition on Certain Transportation), as follows:

 

1. This Order may be cited as the Federal Law on Cyprus Ships (Prohibition of Transportation to Zimbabwe) Order.

 

2. The transportation by Cyprus ships of arms and related material of all types, including weapons and ammunitions, military vehicles and equipment, paramilitary equipment and relevant spare parts that are destined for Zimbabwe is prohibited.

 

 

3. The prohibition does not apply to supplies of non-lethal military equipment intended solely for humanitarian or protective use and related technical assistance, as   well   as to   protective clothing, including flak jackets and military helmets provisionally exported to Zimbabwe for the personal use of United Nations personnel, representatives of the media and humanitarian workers and personnel. 


 

 

ANNEX  VII

THE FEDERAL LAW ON CYPRUS SHIPS (PROHIBITION ON

CERTAIN TRANSPORTATION)

 

 

Order under sections 3 and 8

 

Whereas it is necessary, for the implementation of international obligations, originating from Resolution 1333(2000) of the Security Council of the United Nations and the Common Position 2001/154/CFSP of the Council of European Union, which refers to the imposition of sanctions against Afghanistan, to prohibit the transportation of arms and related material and of chemical acetic « anhydride» to the territory of Afghanistan under Taliban control,

 

Therefore it is hereby provided, under sections 3 and 8 of the Federal Law on Cyprus Ships (Prohibition on Certain Transportation), as follows:

 

1. This Order may be cited as the Federal Law on Cyprus Ships (Prohibition of Transportation to the Territory of Afghanistan under Taliban Control) Order.

 

2. The transportation by Cyprus ships of arms and related material of all types, including weapons and ammunitions, military vehicles and equipment, paramilitary equipment and spare parts that are destined for the territory of Afghanistan under

Taliban control, as designated by the competent Committee of the United Nations Security Council is prohibited.

 

3. The prohibition does not apply to supplies of non-lethal military equipment intended solely for humanitarian or protective use and related technical assistance or training, as approved in advance by the competent Committee of the United Nations Security Council, as well as to protective clothing, including flak jackets and military helmets exported to Afghanistan for the personal use of the United Nations personnel, representatives of the media and humanitarian workers and personnel. 

 

4. The transportation by Cyprus ships of the chemical acetic anhydride which is destined to any person in the territory of Afghanistan under Taliban control, as designated by the competent Committee of the United Nations Security Council, or to any person for the purpose of an activity carried on in, or operated from, the territory of Afghanistan under Taliban control, as designated by the competent Committee of the United Nations Security Council is prohibited.


 

 

ANNEX  XIII

THE FEDERAL LAW ON CYPRUS SHIPS (PROHIBITION ON

CERTAIN TRANSPORTATION)

 

 

Order under sections 3 and 8

 

Whereas it is necessary, for the implementation of the obligations, originating from the Common Position 96/635/CFSP, as amended by the Common Position 2001/757/CFSP, of the Council of European Union, regarding the imposition of sanctions against Myanmar, to prohibit the transportation of arms and related material to Myanmar,

 

Therefore it is hereby provided, under sections 3 and 8 of the Federal Law on Cyprus Ships (Prohibition on Certain Transportation), as follows:

 

1. This Order may be cited as the Federal Law on Cyprus Ships (Prohibition of Transportation to Myanmar) Order.

 

2.  The following transportation by Cyprus ships is prohibited:

 

a.    arms, munitions, military equipment ,including weapons designed to kill and their ammunition, weapon platforms, non-weapon platforms and ancillary equipment ;

 

b.  all kinds of components or spare parts, destined for repairs and maintenance of military equipment and for transfer of military technology;

 

c.     any cargoes transported to Myanmar, destined for development programmes but excluding those for humanitarian aid. 

 

3.  Exemptions from the provisions of subparagraph (c), of paragraph 2 above, may be permitted for projects and programmes in support of human rights and democracy as well as for programmes concentrating on poverty alleviation  and, in particular, on the provision of basic needs for the poorest section of the population, in the context of decentralized cooperation between local                 civilian authorities and non-governmental Organizations.

 


 

 

ANNEX IX

THE FEDERAL LAW ON CYPRUS SHIPS (PROHIBITION ON

CERTAIN TRANSPORTATION)

 

 

Order under sections 3 and 8

 

Whereas it is necessary, for the implementation of international obligations, originating from Resolution 1493 (2003) of the Security Council of the United Nations, to prohibit the transportation by Cyprus ships of arms and related material to all foreign and Congolese armed groups and militias operating in the territory of North and South Kivu and of Ituri, and to groups not party to the Global and All-inclusive agreement, in the Democratic Republic of the Congo;

 

Therefore it is hereby provided, under sections 3 and 8 of the Federal Law on Cyprus Ships (Prohibition on Certain Transportation), as follows:

 

1. This Order may be cited as the Federal Law on Cyprus Ships (Prohibition of Transportation to Congo) Order.

 

2. The transportation by Cyprus ships of arms and related material to all foreign and Congolese armed groups and militias operating in the territory of North and South Kivu and of Ituri, and to groups not party to the Global and All-inclusive agreement, in the Democratic Republic of the Congo, is prohibited.

 

 

3. The above prohibition does not apply in relation to:

(a)  supplies to MONUC, the Interim Emergency Multinational Force deployed in Bunia and the integrated Congolese national army and police forces;

 

(b) supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance and training as notified in advance to the Secretary-General through its Special Representative;