Regulatory Alerts2013-09-13
Air Navigation (Airspace Restrictions) Regulations, 2013
The Governor of the Virgin Islands issued these regulations to prohibit the flight, takeoff, or landing of any aircraft owned, leased, or operated by the Taliban or designated persons within Virgin Islands airspace. The prohibition applies to all aircraft regardless of registration status and incorporates the definition of designated persons from the Al-Qaida (United Nations UK 2012 Measures) Order. An exemption is permitted only when a flight secures advance approval from the United Nations Security Council Committee for humanitarian or religious purposes and receives explicit authorization from the Governor, with the rules taking effect on September 20, 2013.
1 VIRGIN ISLANDS AIR NAVIGATION (AIRSPACE RESTRICTIONS) REGULATIONS, 2013 ARRANGEMENT OF REGULATIONS Regulation 1… Citation and commencement. 2… Restriction from Virgin Islands airspace.
2 VIRGIN ISLANDS STATUTORY INSTRUMENT 2013 NO. 53 THE AIR NAVIGATION (OVERSEAS TERRITORIES) ORDER 2007 (UK 2007 No. 3468) Air Navigation (Airspace Restrictions) Regulations, 2013 [Gazetted 13th September, 2013] The Governor, acting in accordance with the powers conferred by section 38 (1) (c) of The Air Navigation (Overseas Territories) Order (UK 2007 No. 3468), makes these Regulations: Citation and 1. These Regulations may be cited as the Air Navigation (Airspace commencement. Restrictions) Regulations, 2013 and shall come into force on the 20th day of September, 2013.
Restriction from 2. (1) No person shall Virgin Islands airspace. (a) fly any aircraft, whether or not registered in the Territory, in any airspace over the Territory, or (b) take off or land in the Territory any aircraft, whether or not registered in the Territory, if the aircraft is owned, leased or operated by or on behalf of the Taliban or any designated person. (2) Subsection (1) does not apply if the flight in relation to the aircraft (a) has been approved in advance by the Committee established pursuant to paragraph 6 of Resolution 1267 of the Security Council of the United Nations on grounds of humanitarian need, including the performance of any religious obligation; and (b) the Governor has given permission for the flight to use any airspace over, or to take off or land in, the Territory.
3 (3) For the purposes of subsection (1), the term “designated person” has the meaning ascribed by section 2 (1) of The Al-Qaida (United Nations UK 2012 Measures) (Overseas Territories) Order 2012. No. 1757
Made by the Governor this 13th day of September, 2013. Boyd McCleary, CMG,CVO Governor