
Sanctions and Asset-Freezing
(Jersey) Law 2019
A LAW to provide for the implementation of international sanctions and
the freezing of assets, and for related purposes
Commencement [see endnotes]
part 1
Interpretation
1 Interpretation
(1) In this Law –
“designated person” has the meaning given by Article 9;
“designation” means designation under Article 3(4)(c),
Part 4 or Part 5;
“economic resources” has the meaning given by Article 2;
“EU” has the meaning given by the EU Implementation Law;
“EU Implementation Law” means the European Union Legislation
(Implementation) (Jersey) Law 2014;
“EU provision” has the meaning given by the EU
Implementation Law;
“EU sanctions provision” has the meaning given by
Article 3(2)(b);
“FATF” means the international body known as the
Financial Action Task Force;
“final terrorism designation” means a designation made
under Article 22;
“financial services” has the meaning given by Article 2;
“funds” has the meaning given by Article 2;
“interim terrorism designation” means a designation made
under Article 20;
“involved in terrorist activity” is to be read in
accordance with Article 18;
“Minister” means the Minister for
External Relations;
“person” includes, without prejudice to the generality
of Part 1 of the Schedule to the Interpretation (Jersey)
Law 1954, an organisation and any other association or combination of
persons;
“relevant financial institution” means –
(a) a
person (whether or not an individual) who carries on financial services
business, within the meaning of the Proceeds of Crime (Jersey) Law 1999, in or from within Jersey;
or
(b) a
person (not being an individual) that is incorporated or constituted under the
law of Jersey and carries on such financial services business in any part of
the world;
“special counsel” means a person appointed as such under
paragraph 5 of Schedule 1;
“terrorism” and related terms are to be read in
accordance with Article 18;
“UK” means the United Kingdom;
“UK sanctions provision” has the meaning given by
Article 3(2)(a);
“UN financial sanctions resolution” has the meaning
given by Article 28(2);
“UN-listed person” has the meaning given by Article 28(3);
“UN sanctions resolution” has the meaning given by Article 28(1)(b);
“UN Security Council” has the meaning given by Article 28(1)(a).[1]
(2) In relation to a reference
to an enactment of the UK or EU in this Law, or in an Order under this Law,
unless otherwise provided –
(a) Article 9(3)
of the Interpretation (Jersey)
Law 1954 applies to that reference as it applies to a reference to a Law;
and
(b) Article 6
of the Legislation (Jersey)
Law 2021 applies in relation to that enactment of the UK or EU, and to any
enactment of the UK or EU that repeals that enactment, as it applies in
relation to Jersey legislation.[2]
(3) A reference in this Law
to a function or offence under this Law includes a reference to a function or
offence under an Order under this Law, and a reference to an offence includes a
reference to an offence under Article 1 of the Criminal Offences (Jersey)
Law 2009 in relation to that offence.[3]
(4) The States may by
Regulations amend this Article to make alternative or supplementary provision
as to definitions of expressions used in this Law.
(5) [4]
(6) [5]
2 Meaning
of “financial services”, “funds”, “economic
resources” and related expressions
(1) In this Law,
“financial services” means any services of a financial nature,
including –
(a) insurance-related
services consisting of any of the following –
(i) direct
life assurance,
(ii) direct
insurance other than life assurance,
(iii) reinsurance
and retrocession,
(iv) insurance
intermediation, such as brokerage and agency,
(v) services
auxiliary to insurance, such as consultancy, actuarial, risk assessment and
claim settlement services;
(b) banking
and other financial services consisting of any of the following –
(i) accepting
deposits and other repayable funds,
(ii) lending
(including consumer credit, mortgage credit, factoring, and financing of
commercial transactions),
(iii) financial
leasing,
(iv) payment
and money transmission services (including by credit, charge and debit cards,
travellers’ cheques and bankers’ drafts),
(v) providing
guarantees or commitments,
(vi) financial
trading,
(vii) participating
in issues of any kind of securities (including underwriting and placement as an
agent, whether publicly or privately) and providing services related to such
issues,
(viii) money
brokering,
(ix) asset
management, such as cash or portfolio management, all forms of collective
investment management, pension fund management, custodial, depository and trust
services,
(x) settlement
and clearing services for financial assets (including for securities,
derivative products and other negotiable instruments),
(xi) providing
or transferring financial information, and financial data processing or related
software (but only by suppliers of other financial services),
(xii) providing
advisory or other auxiliary financial services in respect of any activity
listed in clauses (i) to (xi) (including credit reference and analysis,
investment and portfolio research and advice, advice on acquisitions and on
corporate restructuring and strategy); and
(c) any
service that –
(i) is
provided by way of financial service business, within the meaning of Article 2
of the Financial Services (Jersey)
Law 1998, or by way of a virtual
currency exchange business, and
(ii) does
not fall within sub-paragraph (a) or (b).[6]
(2) In paragraph (1)(b)(vi),
“financial trading” means trading for own account or for account of
customers, whether on an investment exchange, in an over-the-counter market or
otherwise, in any of the following –
(a) money
market instruments (including cheques, bills and certificates of deposit);
(b) foreign
exchange;
(c) derivative
products (including futures and options);
(d) exchange
rate and interest rate instruments (including products such as swaps and
forward rate agreements);
(e) transferable
securities;
(f) other
negotiable instruments and financial assets (including bullion).
(2A) In paragraph (1)(c)(i),
“virtual currency exchange business” means the business of
conducting one or more of the activities or operations to, for or on behalf of
another natural or legal person or arrangement set out in paragraph 24(2)(a),
(b) and (c) of Schedule 2 to the Proceeds of Crime (Jersey)
Law 1999.[7]
(3) In this Law,
“funds” means financial assets and benefits of every kind,
including any of the following –
(a) cash,
cheques, claims on money, drafts, money orders and other payment instruments;
(aa) virtual
assets, as defined in paragraph 1 of Schedule 2 to the Proceeds of Crime (Jersey)
Law 1999;
(b) deposits
with relevant financial institutions or other persons, balances on accounts,
debts and debt obligations;
(c) publicly
and privately traded securities and debt instruments, including stocks and
shares, certificates representing securities, bonds, notes, warrants,
debentures and derivative products;
(d) interest,
dividends and other income on or value accruing from or generated by assets;
(e) credit,
rights of set-off, guarantees, performance bonds and other financial
commitments;
(f) letters
of credit, bills of lading and bills of sale;
(g) documents
providing evidence of an interest in funds or financial resources;
(h) any
other instrument, being an instrument of export financing.[8]
(4) In this Law,
“economic resources” means assets of every kind (whether tangible
or intangible, movable or immovable, actual or potential) that are not funds
but can be used to obtain funds, goods or services.[9]
(5) [10]
(6) [11]
(7) [12]
(8) The Minister may, by
Order, amend this Article to make alternative or supplementary provision as to
the meaning of “financial services”, “funds”,
“economic resources” and related expressions used in Part 3
(including expressions that are also used elsewhere) if the Minister is
satisfied that it is appropriate to do so to give effect
to any enactment of the UK, to any UN sanctions resolution or to any
standard promoted by FATF or by any other international body.[13]
2A Meaning
of “owned”, “held”, “controlled”,
“directly” and “indirectly”[14]
(1) A reference in this Law
to an account, funds or economic resources “owned, held or
controlled” by a person includes a reference to –
(a) an
account, funds or economic resources owned, held or controlled directly or
indirectly by that person;
(b) an
account, funds or economic resources in which the person has any legal or
equitable interest, regardless of whether the interest is held jointly with any
other person and regardless of whether any other person holds an interest in
the account, funds or economic resources;
(c) any
tangible property (other than immovable property), or bearer security, that is
comprised in funds or economic resources and is in the possession of the
person.
(2) The fact that funds or
economic resources are owned, held or controlled by a person (“P”) jointly
with another person or otherwise does not prevent those funds being treated as
being owned, held or controlled by P for the purposes of this Law (regardless
of whether P is a designated person).
(3) A reference in this Law
to an account, funds or economic resources (an “item”) being owned,
held or controlled “indirectly” by a person (“P”)
includes a reference to the item being owned, held or controlled by another
person (“T”), who is an individual, if –
(a) T acts
in relation to the item as the employee, agent or nominee of P, at the
direction of P or otherwise on behalf of P; or
(b) by
virtue of any other arrangement (as defined in Schedule 2) between T
and P, it is reasonable to believe that T will act in relation to the
item –
(i) in
accordance with P’s directions or instructions, or
(ii) with P’s
consent or concurrence.
(4) In
this Law, a person who is not an individual (“C”) is owned,
held or controlled “directly or indirectly” by another person (“P”) if any or all of the following
conditions are met.
(5) The first condition is
that P is –
(a) the
holding body of C, as defined by Article 2 of the Companies (Jersey)
Law 1991, but disregarding the
requirement of that Article for P to be a body corporate; or
(b) the
beneficial owner of C, as defined by Article 2 of the Financial Services
(Disclosure and Provision of Information) (Jersey) Law 2020, but disregarding the
requirement of that Article for C to be an entity.
(6) The second condition is
that P –
(a) holds
directly or indirectly more than 50% of the shares in C;
(b) holds
directly or indirectly more than 50% of the voting rights in C; or
(c) holds
the right directly or indirectly to appoint or remove a majority of the board
of directors of C.
(7) The third condition is
that it is reasonable, having regard to all the circumstances, to expect
that P would (if P chose to) be able, in most cases or in significant
respects, by whatever means and, whether directly or indirectly, to achieve the
result that affairs of C are conducted in accordance with P’s
wishes.
(8) Schedule 2
contains provision applying for the purpose of interpreting paragraph (6).
(9) For the purposes of
this Law a relevant item is also owned, held or controlled “directly or indirectly”
by a person (“P”) if the relevant item is owned, held or
controlled by another person who is owned, held or controlled directly or
indirectly by P, or by a chain of such other persons.
(10) In paragraph (9)
“relevant item” means –
(a) an
account, funds or economic resources; or
(b) a
person who is not an individual.
(11) The Minister may, by Order,
amend this Article and Schedule 2 to make alternative or supplementary
provision as to the meaning of “owned”, “held”, “controlled”,
“directly”, “indirectly” and related expressions used
in Part 3 (including expressions that are also used elsewhere) if the
Minister is satisfied that it is appropriate to do so to give effect to any
enactment of the UK, to any UN sanctions resolution or to any standard promoted
by FATF or by any other international body.
Part 2
Implementation of UK and EU
sanctions
3 Implementation of UK and EU sanctions provisions through Orders
(1) The
Minister may by Order make such provision as appears to him or her to be necessary
or expedient for the purposes of –
(a) giving
effect, either wholly or partly, to a UK sanctions provision or an EU sanctions
provision; or
(b) dealing
with matters arising out of or related to any such sanctions provision.
(2) For
the purpose of paragraph (1) –
(a) a UK
sanctions provision is a provision made in the UK by or under regulations made
under Part 1 of the Sanctions and Anti-Money Laundering Act 2018 of
the UK; and
(b) an EU
sanctions provision is a provision made by any EU institution, by an instrument
that is adopted under any one or more of –
(i) Chapter 2 of
Title V of the Treaty on European Union,
(ii) Article 75
of the Treaty on the Functioning of the European Union, and
(iii) Article 215
of the Treaty on the Functioning of the European Union.
(3) In
paragraph (2)(b) the expressions “EU institution”, “Treaty
on European Union” and “Treaty on the Functioning of the European Union”
have the meanings given by the EU Implementation Law.
(4) Without
prejudice to the generality of paragraph (1), an Order under that
paragraph may –
(a) make
provision by reference to or by incorporation (by reference, annexation or
otherwise) of a UK sanctions provision or an EU sanctions provision, or of
any class or description of such provisions;
(b) when
making the provision described in sub-paragraph (a) –
(i) do so to such
extent and subject to such exceptions, adaptations and modifications to the UK
sanctions provision or EU sanctions provision as may be specified in the Order,
(ii) make
adaptations or modifications mentioned in clause (i) by providing that any
one or more of Jersey, Guernsey, the Isle of Man and the UK are to be treated
as if they were a member State, or formed part of the UK, for the purpose of
the provision,
(iii) provide
that a reference to the UK sanctions provision or EU sanctions provision is to
be read as a reference to that provision as amended, substituted, extended or
applied from time to time by any other UK sanctions provision or EU sanctions
provision,
(iv) provide
that a reference to the UK sanctions provision or EU sanctions provision is
to be read as a reference to that provision as that provision otherwise has
effect in the UK from time to time by virtue of any judgment of a court in the
UK, or otherwise has effect in the EU from time to time by virtue of any
judgment of the European Court;
(c) provide
that a person is a designated person for the purpose of Part 3 if the
person is –
(i) a person against
whom a prohibition is imposed by the EU sanctions provision for a purpose
falling within paragraph (6), or
(ii) a
UK financial sanctions target, within the meaning of paragraph (7);
(d) include
provision made under any of Articles 4 to 7;
(e) include
such incidental, supplemental or transitional provisions or savings as the
Minister considers expedient.[15]
(5) The
provision that may be made by Order under paragraph (1) includes an amendment of any enactment other than this
Law or the Human Rights (Jersey) Law 2000, but does not include provision –
(a) imposing
a penalty of imprisonment for more than 7 years for a criminal offence;
(b) imposing
or increasing taxation; or
(c) taking
effect from a date earlier than that of the making of the Order containing the
provision.[16]
(6) The
purposes mentioned in paragraph (4)(c)(i) are –
(a) freezing
funds or economic resources owned, held or controlled by the person against
whom the prohibition is imposed;
(b) preventing
funds or economic resources being made available to, or for the benefit of that
person;
(c) prohibiting
access to financial markets or financial services by, or for the benefit of
that person.[17]
(7) For
the purpose of paragraph (4)(c)(ii) a person is a “UK financial
sanctions target” if –
(a) a UK
sanctions provision imposes financial sanctions; and
(b) the
person is designated (whether by name, description or otherwise, and under
whatever procedure) under that provision, or under another UK sanctions
provision in relation to that provision.[18]
(8) In
paragraph (7) “imposes financial sanctions” and
“designated” have the same meanings as they have in Part 1 of
the Sanctions and Anti-Money Laundering Act 2018 of the UK.[19]
(9) If
an Order makes provision described in paragraph (4)(c)(ii) in relation to
a UK sanctions provision, the Order may provide, for the purpose of any of the
prohibitions in Part 3 –
(a) that a UK exception provision has effect –
(i) as an exception under
Article 15(3A) to that prohibition in Part 3, or
(ii) as
a ground for the grant of a licence under Article 16(3A)(b) in relation to
that prohibition in Part 3; and
(b) that a
UK licence provision has effect as a ground on which the Minister may grant a
licence under Article 16(3A)(b) in relation to that prohibition in Part 3.[20]
(10) For
the purpose of paragraph (9) –
(a) a
“UK exception provision” is an
exception, in the UK sanctions provision, to a prohibition in the UK sanctions
provision corresponding to the prohibition in Part 3;
(b) a “UK licence provision” is a power or duty, in the
UK sanctions provision, to grant a licence in relation to a prohibition in the
UK sanctions provision corresponding to the prohibition in Part 3;
(c) a UK exception provision or UK licence provision may be
given effect with or without adaptations and modifications under
paragraph (4)(b);
(d) a UK
exception provision may be given effect subject to a condition, which may
include a condition as to giving information to the
Minister before or after relying on the exception; and
(e) an
Order imposing a condition under sub-paragraph (d) may
provide –
(i) that the
exception does not apply unless the condition is met, or
(ii) that
Article 15(5) applies to a failure to comply with the condition.[21]
(11) Paragraphs (9)
and (10) do not limit paragraph (1) or (4).[22]
4 Implementation of UK and
EU provisions: financial services
(1) Paragraph (2)
applies if a UK sanctions provision or an EU sanctions provision imposes an
obligation or prohibition on any description of persons in respect of the
finances of, or a financial service of any sort in relation to, another person.
(2) An
Order under Article 3 may, if the Minister considers it necessary or
expedient in the interests of Jersey or for the better implementation of the UK
sanctions provision or EU sanctions provision in Jersey –
(a) impose
the obligation or prohibition on any description of persons falling within
paragraph (3); and
(b) adapt
the obligation or prohibition as necessary or expedient for its imposition on
such persons.
(3) A
person falls within this paragraph if –
(a) the UK
sanctions provision or EU sanctions provision would not otherwise impose the
obligation or prohibition on persons of that description in the UK or the EU;
and
(b) the
person is a relevant financial institution.
5 General
provisions Orders
(1) The
Minister may by Order prescribe general provisions that are to be read as
forming part of special Orders.
(2) For
the purposes of this Article –
(a) a
special Order is an Order made under Article 3(1) in relation to one or
more particular UK sanctions provisions or EU sanctions provisions;
(b) a
general provision is any provision that, although not relating to a particular
UK sanctions provision or EU sanctions provision, could, if it did so relate,
be made in a special Order; and
(c) a
general provisions Order is an Order made under this Article.
(3) A
general provisions Order may provide that a general provision –
(a) is to
be read as forming part of any special Order unless that special Order
expressly provides otherwise; or
(b) is to
be read as forming part of a special Order only if that special Order expressly
so provides by reference to the general provisions Order.
(4) Without
prejudice to the application of Article 11(4) of the Interpretation (Jersey) Law 1954, a general provisions Order may provide that a general provision
applies –
(a) in
respect of special Orders whenever enacted; or
(b) only
in respect of special Orders made after the commencement of the general
provisions Order.
(5) Nothing
in this Article prevents an Order under Article 3(1) that implements more
than one UK sanctions provision from combining provisions that could otherwise
be separated between a general provisions Order and a number of separate
special Orders.[23]
6 Interpretation
of Orders and of UK and EU provisions
(1) In
this Article “implement”, in relation to an Order and to a UK
sanctions provision or an EU sanctions provision, means to purport –
(a) to
give effect, wholly or partly, to that provision, or to deal with matters
arising out of or related to it, under Article 3; or
(b) to
impose or adapt an obligation or prohibition contained in that provision, under
Article 4(2).
(2) Unless
the contrary intention appears, an expression used in an Order that implements a
UK sanctions provision is to be read, if that expression is not used in this
Law but is used in the UK sanctions provision, as having the same meaning as in
that provision.
(3) Unless
the contrary intention appears an expression, used in an Order that implements
an EU sanctions provision, is to be read –
(a) if
that expression is used in the EU sanctions provision, as having the same
meaning as in that provision; or
(b) if
sub-paragraph (a) does not apply, but that expression is defined in the EU
Implementation Law, as having the meaning so assigned.
(4) Article 5
of the EU Implementation Law applies to any question as to the validity,
meaning or effect of an EU sanctions provision that is implemented by an Order,
as that Article applies to such a question in relation to an implemented EU
provision within the meaning of that Law.
(5) An
Order that implements an EU sanctions provision may provide that paragraph (4)
does not apply, at all or to any specified extent, to the EU sanctions
provision for the purpose of that implementation.
7 Powers
in relation to ships in Jersey waters under UK sanctions provisions
(1) Paragraph (2)
applies if a UK sanctions provision –
(a) is
contained in regulations made under Part 1 of the Sanctions and Anti-Money
Laundering Act 2018 of the UK; and
(b) confers,
under the law of the UK, a function falling within paragraph (5) (the
“relevant function”) on a person prescribed by those regulations
(the “UK-prescribed person”), in relation to a ship.
(2) The
UK-prescribed person may exercise the relevant function when the ship is in the
territorial sea adjacent to Jersey, to enforce the UK sanctions provision.
(3) Paragraph (2)
applies –
(a) regardless
of any limitation under the law of the UK as to the sea in which the ship must
be present for the relevant function to be exercised; and
(b) regardless
of whether the UK sanctions provision is given effect by an Order under Article 3.
(4) The
Minister may, despite paragraphs (1) to (3) and without prejudice to the
generality of Article 3, by Order –
(a) disapply
or modify the effect of paragraph (2) in relation to the UK sanctions
provision;
(b) provide
that any other person or description of persons may exercise the relevant
function under paragraph (2), in addition to the UK-prescribed person;
(c) require
the UK-prescribed person, exercising the relevant function under paragraph (2),
to be accompanied by any other person or description of persons.
(5) A
function falls within this paragraph in relation to a ship if it is a power or
duty to –
(a) stop,
board or search the ship;
(b) stop
or search a person on the ship;
(c) seize
goods found on such a search;
(d) require
a person on the ship to provide information or produce documents;
(e) inspect
or copy such documents or information;
(f) require
the ship to be taken to a port or anchorage (whether in Jersey or elsewhere);
or
(g) use
reasonable force in the exercise of a function falling within any of the
preceding sub-paragraphs.
(6) If
Part 1 of the Sanctions and Anti-Money Laundering Act 2018 of the UK
is amended, the States may by Regulations amend this Article to make such
provision as the States consider necessary or expedient in relation to the
amendment to that Act.
8 Implementation
of UK and EU blocking provisions
(1) The
Minister may by Order make such provision as appears to him or her to be
necessary or expedient for the purposes of –
(a) giving
effect, either wholly or partly, to a blocking provision; or
(b) dealing
with matters arising out of or related to a blocking provision.
(2) For
the purpose of paragraph (1), a blocking provision is –
(a) Council
Regulation (EC) No 2271/96 of 22 November 1996 protecting
against the effects of the extra-territorial application of legislation adopted
by a third country, and actions based thereon or resulting therefrom (OJ L 309,
29.11.1996, p. 1), and any EU provision made under that Council
Regulation;
(b) the Extraterritorial
US Legislation (Sanctions against Cuba, Iran and Libya) (Protection of Trading
Interests) Order 1996 of the UK (SI Number 3171 of 1996);
(c) either
of those instruments if, and to the extent that, they are given effect in the
UK as retained EU law under the European Union (Withdrawal) Act 2018 of
the UK; or
(d) any
other legislation of the UK or EU that –
(i) is enacted after
the date on which the proposition for this Law is lodged, and
(ii) appears
to the Minister to serve a purpose similar to the instruments mentioned in
sub-paragraphs (a) and (b) in relation to legislation appearing to the
Minister to fall within paragraph (3).
(3) Legislation
falls within this paragraph if it –
(a) is adopted
by a country or territory other than the UK;
(b) purports
to have extra-territorial effect;
(c) purports
to impose a prohibition for a purpose falling within a sub-paragraph of Article 28(2);
and
(d) does
not implement a UN sanctions resolution.
part
3
Asset-Freezes against DESIGNATED
PERSONS
9 Meaning
of “designated person”
(1) In this Part
“designated person” means a person, group or entity that is a
designated person for the purpose of this Part by virtue of any one or more of
the following –
(a) a
provision included, under Article 3(4)(c), in an Order implementing a UK
sanctions provision or an EU sanctions provision;
(b) the
operation of Article 19;
(c) an
interim terrorism designation made by the Minister under Article 20;
(d) a
final terrorism designation made by the Minister under Article 22;
(e) the
operation of Article 27(1);
(f) an
Order under Article 27(2);
(g) the
operation of Article 29;
(h) an
interim UN asset-freezing Order under Article 30;
(i) a
final UN asset-freezing Order under Article 31.
(2) The States may by Regulations
amend this Article to make alternative or supplementary provision as to the
meaning of “designated person”.
10 Freezing
of funds and economic resources
(1) A person
(“P”) must not deal with funds or economic resources owned, held or
controlled by a designated person if P knows, or has reasonable cause to
suspect, that P is dealing with such funds or economic resources.
(2) In paragraph (1)
“deal with” means –
(a) in
relation to funds –
(i) use,
alter, move, allow access to, or transfer, the funds,
(ii) deal
with the funds in any other way that would result in any change in their
volume, amount, location, ownership, possession, character or destination, or
(iii) make
any other change that would enable use of the funds, including by way of, or in
the course of, portfolio management; or
(b) in
relation to economic resources, exchange, or use in exchange, for funds, goods
or services.
(3) A person who
contravenes paragraph (1) commits an offence and is liable to imprisonment
for a term of 7 years and to a fine.
11 Making
funds or financial services available to designated person
(1) A person
(“P”) must not make funds or financial services available (directly
or indirectly) to a designated person if P knows, or has reasonable cause to
suspect, that P is making the funds or financial services so available.
(2) A person who
contravenes paragraph (1) commits an offence and is liable to imprisonment
for a term of 7 years and to a fine.
12 Making
funds or financial services available for benefit of designated person
(1) A person
(“P”) must not make funds or financial services available to any
person for the benefit of a designated person if P knows, or has reasonable
cause to suspect, that P is making the funds or financial services so
available.
(2) For the purpose of this
Article –
(a) funds
are made available for the benefit of a designated person only if that person
thereby obtains, or is able to obtain, a significant financial benefit; and
(b) “financial
benefit” includes the discharge of a financial obligation for which the
designated person is wholly or partly responsible.
(3) A person who
contravenes paragraph (1) commits an offence and is liable to imprisonment
for a term of 7 years and to a fine.
13 Making
economic resources available to designated person
(1) A person
(“P”) must not make economic resources available (directly or
indirectly) to a designated person if P knows, or has reasonable cause to
suspect –
(a) that
P is making the economic resources so available; and
(b) that
the designated person would be likely to exchange the economic resources, or
use them in exchange, for funds, goods or services.
(2) A person who
contravenes paragraph (1) commits an offence and is liable to imprisonment
for a term of 7 years and to a fine.
14 Making
economic resources available for benefit of designated person
(1) A person
(“P”) must not make economic resources available to any person for
the benefit of a designated person if P knows, or has reasonable cause to
suspect, that P is making the economic resources so available.
(2) For the purpose of this
Article –
(a) economic
resources are made available for the benefit of a designated person only if
that person thereby obtains, or is able to obtain, a significant financial
benefit; and
(b) “financial
benefit” includes the discharge of a financial obligation for which the
designated person is wholly or partly responsible.
(3) A person who
contravenes paragraph (1) commits an offence and is liable to imprisonment
for a term of 7 years and to a fine.
15 Exceptions
(1) Articles 10(1), 11(1)
and 12(1) do not prevent a relevant financial institution from crediting a
frozen account with –
(a) interest
or other earnings due on the account; or
(b) payments
due under contracts, agreements or obligations that were concluded or arose
before the account became a frozen account.
(2) Article 11(1) and 12(1)
do not prevent a relevant financial institution from crediting a frozen account
where it receives funds transferred to the account.
(3) Article 12(1) is
not contravened by the making of a payment that –
(a) is
a benefit under or by virtue of an enactment relating to social security
(irrespective of the name or nature of the benefit); and
(b) is
made to a person who is not a designated person, whether or not the payment is
made in respect of a designated person.
(3A) An act does not contravene a
provision of this Part in relation to a designated person if –
(a) an
Order under Article 3(9)(a)(i) gives effect to an exception in relation to
that designated person and to that provision;
(b) the
conditions, if any, specified in that Order for that purpose are met; and
(c) the
exception applies to the act.[24]
(4) A relevant financial
institution must, as soon as practicable but in any case within 14 days,
inform the Minister if it credits a frozen account as described in
paragraph (1) or in the circumstances referred to in paragraph (2).[25]
(5) A failure to comply
with paragraph (4) does not constitute an offence but the Royal Court may,
on the application of the Attorney General or the Minister, grant an injunction
or other order in respect of compliance with paragraph (4).
(6) In this Article
“frozen account” means an account with a relevant financial
institution, being an account owned, held or controlled by a
designated person.
16 Licences
(1) Articles 10(1),
11(1), 12(1), 13(1) and 14(1) do not apply to anything done under the
authority of a licence granted by the Minister under this Article.
(2) The Minister may grant
a licence in respect of a designated person.
(3) A licence granted under
this Article –
(a) must
specify the acts authorised by it;
(b) may
be general or granted to a category of persons or to a particular person;
(c) may
be unconditional or subject to conditions; and
(d) may
be unlimited or limited in duration.
(3A) In deciding whether to grant or
refuse a licence, and whether to impose conditions, the Minister –
(a) must
seek to ensure that the grant of a licence will not lead to –
(i) a
UN sanctions resolution being contravened, or
(ii) the
purpose of the person’s designation being frustrated; and
(b) may
rely on a ground given effect by an Order under Article 3(9)(a)(ii) or
(b).[26]
(4) The Minister may at any
time vary or revoke a licence granted under this Article.
(5) On the grant, variation
or revocation of a licence under this Article, the Minister must –
(a) in
the case of a licence granted to a particular person, give written notice of
the grant, variation or revocation to that person; or
(b) in
the case of a general licence or a licence granted to a category of persons,
take such steps as the Minister considers appropriate to publicise the grant,
variation or revocation of the licence.
(6) A person commits an
offence, and is liable to imprisonment for a term of 5 years and to a
fine, if the person, for the purpose of obtaining a licence under this Article,
knowingly or recklessly –
(a) provides
information that is false in a material respect; or
(b) provides
or produces a document that is not what it purports to be.
(7) A person commits an
offence, and is liable to imprisonment for a term of 5 years and to a
fine, if the person –
(a) purports
to act under the authority of a licence granted under this Article; but
(b) fails
to comply with any condition to which the licence is subject.
17 Circumventing
prohibitions etc.
(1) A person must not
intentionally participate in activities knowing that the object or effect of
them is (whether directly or indirectly) –
(a) to
circumvent Article 10(1), 11(1), 12(1), 13(1) or 14(1); or
(b) to
enable or facilitate the contravention of any of those provisions.
(2) A person who
contravenes paragraph (1) commits an offence and is liable to imprisonment
for a term of 7 years and to a fine.
Part 4
Designation for Asset-freeze: terrorism and related
18 Meaning of
“terrorism” and related terms
(1) For
the purposes of this Part –
(a) “terrorism”,
“act of terrorism” and “terrorist entity” have the same
meanings as in the Terrorism (Jersey) Law 2002;
(b)
(c) it is
immaterial whether the acts of terrorism in question are specific acts of
terrorism or acts of terrorism generally.[27]
(1A) In
this Part “involved person” means a person who –
(a) is or
has been involved in terrorist activity;
(b) is
owned or controlled (directly or indirectly) by a terrorist entity or by a
person who is or has been involved in terrorist activity;
(c) is
acting on behalf of or at the direction of a terrorist
entity or a person who is or has been involved in terrorist activity; or
(d) is a
member of, or has pledged allegiance in any way to or is otherwise associated
with, a terrorist entity or a person who is or has been involved in terrorist
activity.[28]
(1B) A
reference in this Part to being involved in an activity includes being involved
in whatever way and wherever any act constituting the involvement takes place.[29]
(1C) In
this Article “terrorist activity” means –
(a) engaging
in, or being responsible or providing support for, the commission, preparation
or instigation of an act of terrorism;
(b) facilitating,
promoting or encouraging terrorism;
(c) providing
or receiving training for the purpose of terrorism;
(d) travelling
or attempting to travel from or into the British Islands for the purpose of
terrorism;
(e) recruiting
for terrorism;
(f) soliciting
funds, or otherwise procuring funds, for the purpose of financing the travel of
a person recruited for terrorism;
(g) organising,
providing support for or otherwise facilitating the travel of a person
recruited for terrorism;
(h) being
responsible for a coercive action against a person on behalf of, or in the name
of, a terrorist entity or a person who is involved in an activity mentioned in
any of sub-paragraphs (a) to (d);
(i) supporting
or assisting another person, knowing or believing that other person to be a
terrorist entity or to be involved in an activity mentioned in any of
sub-paragraphs (a) to (f);
(j) providing
financial services, or making available funds or economic resources, for the
purpose of terrorism or for an activity mentioned in any of
sub-paragraphs (a) to (h); or
(k) being
involved in assisting the contravention or circumvention of –
(i) Part 3 in
relation to a person designated under this Part, or
(ii) a
provision of the law of a country or territory other than Jersey that
corresponds to a provision of Part 3 in relation to terrorism or in
relation to a power corresponding to any of the powers in this Part.[30]
(1D) In
paragraph (1C)(e) to (g) “recruiting for terrorism” means soliciting
another person (who is “recruited for terrorism” whether the
soliciting is successful or not) to –
(a) become
a member of a person, other than an individual, involved
in an activity mentioned in any of sub-paragraphs (a) to (d) of that
paragraph; or
(b) participate
in an act by, in conjunction with, in the name of, on behalf of or in support
of, a person involved in an activity mentioned in any of those sub-paragraphs
(a) to (d).[31]
(1E) In
paragraph (1C)(h) –
(a) “being
responsible for” includes engaging in, being complicit in, providing
support for, or promoting; and
(b) “coercive
action” means abduction, enslavement, forced marriage, rape or sexual
violence.[32]
(1F) Nothing
in any sub-paragraph of paragraph (1C) limits the meaning of any of the
other sub-paragraphs of that paragraph.[33]
(1G) For
the purpose of any provision requiring a suspicion that a person is an involved
person, nothing in this Article is to be read as requiring that the person who
has the suspicion is aware of any criminal proceedings.[34]
(2) A
reference in this Part to giving notice to a person is to be read as a
reference to –
(a) sending
the notice in the manner by which the person was last known to receive notices;
(b) if
the person is a body corporate, partnership or unincorporated body other than a
partnership, sending it to the registered or principal office of the body or
partnership; or
(c) if
neither (a) nor (b) applies, taking reasonable steps to send it to the person
at the first available opportunity.
(3) The
States may by Regulations amend this Article to make alternative or
supplementary provision as to meanings of expressions related to terrorism.
19 Designation by
virtue of UK, EU or UN listing related to terrorism
(1) A person, group or
entity is a designated person, for the purpose of Part 3, if he, she or
it –
(a) is
a designated person within the meaning of the Sanctions and Anti-Money
Laundering Act 2018 of the UK, by virtue of Regulations under that Act
that –
(i) state,
under section 2(3) of that Act, their purpose as being a particular
purpose that is within section 1(2)(a) of that Act, or
(ii) are
specified by the Minister by Order for the purpose of this sub-paragraph, as
Regulations that appear to the Minister to designate persons on the basis of
being, or being suspected of being, involved in terrorist activity;
(aa)
(b)
(c) is
listed on –
(i) the
ISIL (Da’esh) and Al-Qaida Sanctions List maintained and amended from
time to time by the Committee established by the UN Security Council under
resolutions 1267 (1999), 1989 (2011) and 2253 (2015) concerning ISIL
(Da’esh), Al-Qaida and associated individuals and entities,
(ii) a
list maintained and amended from time to time by the Committee established by
the UN Security Council under resolution 1988 (2011), as being associated
with the Taliban, or
(iii) [35]
(2) Despite paragraph (1)(c),
a person, group or entity ceases to be a “designated person” by
virtue of that sub-paragraph if he, she or it remains listed as mentioned in
that sub-paragraph at a time at which he, she or it becomes a “designated
person” by virtue of either or both of paragraphs (1)(a) and (b).
(3) The States may by
Regulations amend paragraphs (1) and (2), to make alternative or
supplementary provision as to descriptions of person who are to be designated
persons for the purpose of Part 3, being persons appearing to the States
to be identified by the United Nations, or by any government or international
body, as having a connection with terrorism that calls for designation for the
purpose of that Part.
(4) The Minister may by
Order –
(a) provide
that a particular person falling within paragraph (1)(a), but not within
paragraph (1)(c), is not a designated person for the purpose of this Law
if the Minister is satisfied that the person –
(i) is
resident in, or established in, Jersey, and
(ii) is
not a person who could be designated by the Minister under Article 20 or
22; or
(b) provide
that a corrected identity, description or history of a particular person is to
apply for the purpose of any or all of the sub-paragraphs of paragraph (1),
if the Minister is satisfied that there is an inaccurate reference to Jersey,
or to a matter relating to Jersey, in the identity, description or history of
that person in –
(i) the
designation by virtue of which that person falls within paragraph (1)(a),
(ii)
(iii) a
list mentioned in paragraph (1)(c)(i) or (ii), by virtue of which that
person falls within paragraph (1)(c).[36]
20 Power
of Minister to make interim terrorism designation
(1) A person is a
designated person, for the purpose of Part 3, if an interim terrorism designation
of that person, made by the Minister under paragraph (2), has effect.
(2) The Minister may make
an interim terrorism designation of a person if –
(a) the
Minister reasonably suspects that the person is an involved person; and
(b) the
Minister considers that it is appropriate that financial restrictions should be
applied in relation to the person for purposes connected with –
(i) protecting
members of the public (whether in Jersey or elsewhere) from terrorism,
(ii) preventing
terrorism (whether in Jersey or elsewhere), or
(iii) otherwise
complying with resolution 1373 (2001) of the UN Security Council.[37]
(3) The reference in paragraph (2)
to financial restrictions includes a reference to restrictions relating to
economic resources.
(4) Paragraph (2) does
not empower the Minister –
(a) to
make more than one interim designation of the same person in relation to the
same, or substantially the same, evidence; or
(b) to
renew an interim designation.
(5) Nothing in this
Article, however, prevents the making of a final terrorism designation under Article 22
of a person who has been the subject of an interim designation.
(6) The States may by
Regulations amend this Article to make alternative or supplementary provision
as to the making of, but not the duration of, interim terrorism designations.
21 Duration
of interim terrorism designation
(1) An interim terrorism designation
of a person –
(a) is
of no effect during any period when the person is a designated person by virtue
of any provision of this Law other than Article 20; and
(b) expires
at the end of the 30 days beginning with the day on which it was made, or
when a final terrorism designation of the person is made, whichever is earlier.
(2) Where an interim
designation expires the Minister must –
(a) give
written notice of the expiry to the designated person; and
(b) take
reasonable steps to bring the expiry to the attention of the persons who were
informed of the designation under Article 24.
(3) Where an interim
designation expires on the making of a final terrorism designation in relation
to the same person –
(a) a
notice under paragraph (2) may be combined with written notice under Article 24
of the final terrorism designation; and
(b) steps
under paragraph (2) may be combined with steps under Article 24 to
publicise the final terrorism designation.
22 Power
of Minister to make final terrorism designation
(1) A person is a
designated person, for the purpose of Part 3, if a final terrorism designation
of that person, made by the Minister under paragraph (2), has effect.
(2) The Minister may make a
final terrorism designation of a person if –
(a) the
Minister reasonably believes that the person is an involved person; and
(b) the
Minister considers that it is appropriate that financial restrictions should be
applied in relation to the person for purposes connected with –
(i) protecting
members of the public (whether in Jersey or elsewhere) from terrorism,
(ii) preventing
terrorism (whether in Jersey or elsewhere), or
(iii) otherwise
complying with resolution 1373 (2001) of the UN Security Council.[38]
(3) The reference in paragraph (2)
to financial restrictions includes a reference to restrictions relating to
economic resources.
(4) The States may by Regulations
amend this Article to make alternative or supplementary provision as to the
making of, but not the duration or renewal of, final terrorism designations.
23 Duration and
renewal of final terrorism designation
(1) A final terrorism
designation of a person –
(a) is
of no effect during any period when the person is a designated person by virtue
of any provision of this Law other than Article 20 or 22; and
(b) expires
12 months after it was made, unless it is renewed.
(2) The Minister may renew
a final terrorism designation of a person at any time before it expires, if the
requirements for final terrorism designation under Article 22 are met in
respect of the person at the time of the renewal.
(3) A final terrorism
designation so renewed expires 12 months after it was renewed (or last
renewed), unless it is renewed again.
(4) Article 24 applies
to the renewal under this Article of a final terrorism designation in the same
way as it applies to a final terrorism designation under Article 22.
(5) Where a final terrorism
designation expires the Minister must –
(a) give
written notice of the expiry to the designated person; and
(b) take
reasonable steps to bring the expiry to the attention of the persons who were
informed of the designation under Article 24.
(6) Nothing in this Article
prevents the Minister from designating a person more than once under Article 22.
24 Notification
of interim or final terrorism designation
(1) Where the Minister
makes a designation of a person, the Minister must –
(a) give
written notice of the designation to the person; and
(b) take
steps to publicise the designation.
(2) Unless one or more of
the following conditions is satisfied, the Minister must take steps to publicise
the designation generally –
(a) the
Minister believes that the designated person is an individual under the age of 18;
(b) the
Minister considers that disclosure of the designation should be restricted –
(i) in
the interests of the security of Jersey or of any other country or territory,
(ii) for
reasons connected with the prevention or detection of serious crime, or
(iii) in
the interests of justice.
(3) If one or more of those
conditions is satisfied, the Minister must inform only such persons of the
designation as the Minister considers appropriate.
(4) If one or more of the
conditions referred to in paragraph (2) is satisfied in respect of a
designation, but later none of the conditions referred to in paragraph (2)
is satisfied in respect of the designation, and the designation is still in
effect, the Minister must –
(a) give
written notice of that fact to the designated person; and
(b) take
steps to publicise the designation generally.
25 Variation
or revocation of interim or final terrorism designation
(1) The Minister may at any
time vary or revoke a designation.
(2) Where the Minister
varies or revokes a designation of a person, the Minister must –
(a) give
written notice of the variation or revocation to the person; and
(b) take
reasonable steps to bring the variation or revocation to the attention of the
persons who were informed of the designation under Article 24.
(3) If the Minister refuses
an application by a person for the variation or revocation of the
person’s designation by the Minister, the Minister must give written
notice of the refusal to the person.
26 Confidential
information relating to terrorism designation
(1) Where the Minister in
accordance with Article 24(3) informs only certain persons of the
designation of a person, the Minister may specify that the information conveyed
in so informing those people is to be treated as confidential.
(2) A person who –
(a) is
provided with information that is so specified as to be treated as
confidential; or
(b) obtains
such information,
must not disclose it if the person knows, or has reasonable cause to
suspect, that the information has been specified under paragraph (1) as
information to be treated as confidential.
(3) Paragraph (2) does
not apply to any disclosure made by the person if that disclosure is made with
lawful authority.
(4) For the purpose of paragraph (3),
information is disclosed with lawful authority only if and to the extent that –
(a) the
disclosure is made by the Minister or authorised by the Minister;
(b) the
disclosure is made by the designated person or made with the consent of the
designated person;
(c) the
disclosure is necessary to give effect to a requirement imposed under or by
virtue of this Law or any other enactment; or
(d) the
disclosure is required, under rules of court, tribunal rules or a court or
tribunal order, for the purposes of legal proceedings of any description.
(5) This Article does not
prevent the disclosure of information that is already, or has previously been,
available to the public from other sources.
(6) A person who
contravenes paragraph (2) commits an offence and is liable to imprisonment
for a term of 2 years and to a fine.
(7) The Royal Court may, on
the application of the designated person who is the subject of the information,
or on the application of the Attorney General or the Minister, grant an
injunction to prevent a breach of paragraph (2).
27 Designation for detriment to economy or threat to life or property
(1) A person is a
designated person, for the purpose of Part 3, if the person is specified as
such by an Order under Part 3 of the Crime and Security (Jersey)
Law 2003.
(2) The Minister may by
Order designate a person, for the purpose of Part 3, if the person is
specified, under section 5(3) of the Anti-terrorism, Crime and Security
Act 2001 of the UK, in an order under that section in relation to the UK.
Part 5
Designation for Asset-freeze: United Nations measures, Not
Terror-related
28 Meaning of “UN
Security Council”, “UN sanctions resolution”, “UN financial
sanctions resolution” and “UN-listed person”
(1) In
this Part –
(a) “UN
Security Council” means the Security Council of the United Nations;
(b) “UN
sanctions resolution” means a resolution adopted by the UN Security
Council under Article 41 of the Charter of the United Nations.
(2) In
this Part “UN financial sanctions resolution” means a UN sanctions
resolution that requires states to impose a prohibition for one or more of the
following purposes –
(a) freezing
funds or economic resources owned, held or controlled by a person specified in –
(i) the UN sanctions
resolution itself,
(ii) another
UN sanctions resolution, or
(iii) an instrument
made by an organ of the United Nations for the purpose of the UN sanctions
resolution;
(b) preventing
funds or economic resources being made available to, or for the benefit of a
person so specified;
(c) prohibiting
access to financial markets or financial services by, or for the benefit of a
person so specified.
(3) In
this Part “UN-listed person” means a person who, in relation to a
UN financial sanctions resolution, is specified in a manner described in a
sub-paragraph of paragraph (2) for a purpose falling within that
sub-paragraph.
(4) For
the purposes of paragraphs (1) to (3) it is irrelevant whether the
UN sanctions resolution requires states to take other measures in addition
to imposing a prohibition for a purpose mentioned in paragraph (2).
(5) The
States may by Regulations amend paragraphs (2) to (4) to make alternative
or supplementary provision as to the meanings of “UN financial
sanctions resolution” and “UN-listed person”.
29 Interim
designation of UN-listed person when UNSCR is implemented by UK or EU
(1) A person is a designated
person, for the purpose of Part 3, if –
(a) the
person is a UN-listed person;
(b) a
UN financial sanctions resolution, in respect of which that person is a
UN-listed person, is implemented –
(i) in
the UK, by a provision that is, or is contained in, a UK sanctions
provision, or
(ii) in
the EU, by an EU sanctions provision;
(c) no
more than 30 days have elapsed since the day on which the person became a
UN-listed person; and
(d) the
person has not become a designated person under any other Article of this Law.
(2) The Minister may by
Order –
(a)
(b) provide
that a corrected identity, description or history of a particular person is to
apply for the purpose of paragraph (1), if satisfied that there is an inaccurate
reference to Jersey, or to a matter relating to Jersey, in the identity,
description or history of that person in –
(i) the
resolution or instrument by virtue of which that person is a UN-listed person, or
(ii) the
UK sanctions provision, or EU sanctions provision, falling within paragraph (1)(b)(i)
or (ii) respectively in relation to that person.[39]
30 Designation
by interim UN asset-freezing Order
(1) The Minister may by
Order (an “interim UN asset-freezing Order”) specify a resolution,
adopted by the UN Security Council, for the purpose of this Article if the
Minister considers that all of the conditions in paragraph (2) are met.
(2) The conditions
are –
(a) that
the resolution appears to be a UN financial sanctions resolution, and
accordingly that it appears that it does or will relate to one or more UN-listed
persons;
(b) that
there is an urgent need to implement the resolution in respect of UN-listed
persons to whom the resolution does or will relate; and
(c) that
it is proportionate to make the Order, for the purpose of temporarily imposing
the requirements of Part 3 in relation to UN-listed persons to whom the
resolution does or will relate, in order to avoid a risk that the resolution might
not otherwise be implemented effectively in Jersey.
(3) A person is a
designated person, for the purpose of Part 3, by virtue of an interim UN
asset-freezing Order at any time at which that person –
(a) is
a UN-listed person in relation to the resolution specified by the interim UN
asset-freezing Order; and
(b) is
not a designated person under Part 4.
(4) For the purpose of
paragraph (3) it is irrelevant whether that person is a UN-listed person
at the time of the making of the Order or becomes a UN-listed person after that
time.
(5) An interim UN
asset-freezing Order must provide that (unless earlier revoked) it ceases to
have effect on whichever is the soonest of –
(a) the
end of a period of 30 days after the day of the adoption by the UN
Security Council of the UN sanctions resolution that is implemented by that
Order (the “relevant UN resolution”);
(b) the
commencement of any Order under Article 3(1) that gives effect to a UK
sanctions provision or an EU sanctions provision, that implements (in the UK or
the EU) the relevant UN resolution; and
(c) the
date (if any) on which the relevant UN resolution ceases to have effect.
(6) The Minister must not
amend the sunset provision of an interim UN asset-freezing Order, being the
provision that is made under paragraph (5), except –
(a) on
only one occasion, and only if that occasion falls before the day on which the
Order otherwise ceases to have effect;
(b) so
as to substitute, for the period of 30 days mentioned in paragraph (5)(a),
a period of a number of days, specified in the amending Order, being no more
than 60 days; and
(c) without
limiting the operation of the provision made under paragraph (5)(b).
(7) The States may by
Regulations amend paragraph (1) to (4) to make alternative or
supplementary provision as to the making of, but not the duration of, an
interim UN asset-freezing Order.
31 Designation by final
UN asset-freezing Order
(1) The Minister may by
Order (a “final UN asset-freezing Order”) specify a UN sanctions
resolution for the purpose of this Article if the Minister considers that one
of the conditions in paragraph (2) is met.
(2) The conditions are
that, in respect of the UN sanctions resolution, the Minister
considers –
(a) that
the resolution requires all of the provisions of Part 3 to be applied in
relation to the persons who are or will become UN-listed persons in relation to
that resolution, or does so when regard is had to the power to grant licences
under Article 16; or
(b) that,
although the condition in sub-paragraph (a) is not met, it is
proportionate, in order to implement the resolution effectively in Jersey, to
apply all of those provisions in relation to those persons until the date
specified under paragraph (4).
(3) In determining whether
to make a final UN asset-freezing Order, the Minister must take account of
whether the UK or the EU has implemented the resolution, and –
(a) if
the UK or the EU, or both, has implemented the resolution, of whether it would
be more effective or more proportionate to implement the resolution by an Order
under Article 3(1); or
(b) if
neither the UK nor the EU has implemented the resolution, of whether there is
some reason to implement the resolution in Jersey despite any apparent reason
for the UK and the EU not doing so.
(4) A final UN
asset-freezing Order must describe each person who is a UN-listed person in
relation to the resolution specified under paragraph (1), but the
Order –
(a) may
do so in any manner, including by referring to the resolution or other
instrument in which the person is specified as a UN-listed person; and
(b) may
provide that a reference in the Order to such a resolution or instrument is to
have effect as a reference to the resolution or instrument as amended from time
to time, including in relation to persons who may become UN-listed persons
after the commencement of the Order.
(5) A person is a
designated person, for the purpose of Part 3, by virtue of a final UN asset-freezing
Order at any time at which that person –
(a) is
a UN-listed person described, under paragraph (4), in a final UN
asset-freezing Order; and
(b) is
not a designated person under Part 4.
(6) A final UN
asset-freezing Order must provide that, unless earlier revoked, it ceases to
have effect on a date specified in the Order, being no later than
12 months after the Order was made or last amended.
(7) The States may by
Regulations amend paragraph (1) to (5) to make alternative or
supplementary provision as to the making of, but not the duration of, a final UN
asset-freezing Order.
part 6
INFORMATION
32 Reporting
obligations of relevant financial institutions and statutory authorities[40]
(1) A relevant financial
institution must inform the Minister as soon as practicable if –
(a) it
holds an account of a person, has entered into dealings or an agreement with a
person or has been approached by or on behalf of a person;
(b) it
knows, or has reasonable cause to suspect, that the person –
(i) is a designated
person, or
(ii) has
committed, is committing or intends to commit an offence under this Law; and
(c) the
information or other matter on which the knowledge or reasonable cause for
suspicion is based came to it in the course of carrying on its business.[41]
(2) The information given
to the Minister under paragraph (1) must include –
(a) the
information or other matter on which the institution’s knowledge or
reasonable cause for suspicion is based;
(b) any
information that the institution holds about the person by which the person can
be identified; and
(c) if
the person is a customer or client of the institution, the nature and amount or
quantity of any funds or economic resources held by the institution for the
person at the time when –
(i) the institution
first had the knowledge or reasonable cause for suspicion, or
(ii) this
Article came into force,
whichever time is the later.
(3) A relevant financial
institution that fails to comply with paragraph (1) commits an offence and
is liable to imprisonment for a term of 12 months and to a fine of
level 3 on the standard scale.
(4) A relevant statutory
authority must give information, held by that authority, to the Minister as
soon as practicable if –
(a) the
information came to the relevant statutory authority in the course of carrying
out a function conferred on it under an enactment; and
(b) the
relevant statutory authority believes that giving the information would
facilitate –
(i) the performance
of a function of the Minister under this Law, or
(ii) the
investigation or prosecution of an offence under this Law.[42]
(5) For the purpose of
paragraph (4) a relevant statutory authority is –
(a) the
Jersey Financial Services Commission, established by the Financial Services Commission
(Jersey) Law 1998; and
(b) any
other person specified in an Order under paragraph (6).[43]
(6) The Minister may by
Order specify a person if –
(a) the
person is established by an enactment; and
(b) the
Minister is satisfied, after consulting that person, that the person has a
function that is likely to result in the person holding information that could
facilitate –
(i) the performance
of a function of the Minister under this Law, or
(ii) the
investigation or prosecution of an offence under this Law.[44]
33 Powers
to require information
(1) The Minister may
require a designated person to provide information concerning –
(a) funds
or economic resources owned, held or controlled by, or on behalf of, the designated person; or
(b) any
disposal of such funds or economic resources.
(2) The Minister may
require a designated person to provide such information as the Minister may
reasonably require about expenditure –
(a) by or
on behalf of the designated person; or
(b) for
the benefit of the designated person.
(3) The power in paragraph (1)
or (2) is exercisable only where the Minister believes that it is necessary for
the purpose of monitoring compliance with or detecting evasion of this Law.
(4) The Minister may
require a person acting under a licence granted under Article 16 to
provide information concerning –
(a) funds
or economic resources dealt with under the licence; or
(b) funds,
economic resources or financial services made available under the licence.
(5) The Minister may
require any person in or resident in Jersey to provide such information as the Minister
may reasonably require for the purpose of –
(a) establishing
for the purposes of this Law –
(i) the nature and
amount or quantity of any funds or economic resources owned, held or controlled
by or on behalf of a designated person,
(ii) the
nature and amount or quantity of any funds, economic resources or financial
services made available directly or indirectly to, or for the benefit of, a
designated person, or
(iii) the
nature of any financial transactions entered into by a designated person;
(b) monitoring
compliance with or detecting evasion of this Law; or
(c) obtaining
evidence of the commission of an offence under this Law.
(6) The Minister may
specify the manner in which, and the period within which, information is to be
provided, being information that the Minister requires to be provided under
this Article.
(7) If no such period is
specified, the information so required to be provided must be provided within a
reasonable time.
(8) A requirement under
this Article may impose a continuing obligation to keep the Minister informed
as circumstances change, or on such regular basis as the Minister may specify.
(9) A requirement under
this Article for information to be provided in relation to a designated person –
(a) may
relate to any period during which the person is, or was, a designated person;
and
(b) if
the information falls within paragraph (1)(b), (2) or (5)(a)(iii), may
relate to any period before the person became a designated person (as well as,
or instead of, any period described in sub-paragraph (a)).
34 Production
of documents
(1) A
requirement under Article 33 may include a requirement to produce
specified documents or documents of a specified description.
(2) Where
the Minister requires under Article 33 that one or more documents be
produced, the Minister may –
(a) take
copies of or extracts from any document so produced;
(b) require
any person so producing a document to give an explanation of the document; and
(c) where
a person so producing a document is a partnership, limited liability company,
association or body corporate, require a person who is –
(i) in the case of a
partnership, a present or past partner or employee of the partnership,
(ii) in
the case of a limited liability company, a present or past member, manager or
employee of the limited liability company,
(iii) in
any other case, a present or past officer or employee of the association or
body corporate,
to give an explanation of
the document.[45]
(3) Where
the Minister requires under Article 33 a designated person, or a person
acting under a licence granted under Article 16, to produce one or more
documents, the person must –
(a) take
reasonable steps to obtain the documents (if not already in the person’s
possession or control); and
(b) keep
the documents under the person’s possession or control (except for the
purpose of providing them to the Minister or as the Minister may otherwise
permit).
35 Offences
relating to provision of information
(1) A person commits an
offence, and is liable to imprisonment for a term of 12 months and to a
fine of level 3 on the standard scale, if the person, 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 requirement
made under Article 33 or 34.
(2) A person commits an
offence, and is liable to imprisonment for a term of 2 years and to a
fine, if the person –
(a) knowingly
or recklessly gives any information, or produces any document, that is false in
a material particular in response to a requirement of or under this Part;
(b) with
intent to evade the provisions of this Part, destroys, mutilates, defaces,
conceals or removes a document; or
(c) otherwise
intentionally obstructs the Minister in the exercise of the Minister’s
powers under this Part.
(3) A court that convicts a
person of an offence under this Article may make an order requiring the person,
within such period as may be specified in the order, to comply with the
relevant requirement in accordance with the order, or to do such other thing
relating to the requirement as the court orders.
36 General
power to disclose information
(1) The Minister may
disclose any information obtained by him or her in exercise of his or her
powers under this Part (including any document so obtained and any copy or
extract made of any document so obtained) –
(a) to
the Attorney General;
(b) to a
member of the States of Jersey Police Force;
(c) to a
person holding or acting in any office under or in the service of –
(i) the Crown in
right of the Government of the UK,
(ii) the
Crown in right of the Scottish Government, the Welsh Government or the Northern
Ireland Executive,
(iii) the
States of Jersey, Guernsey or Alderney or the Chief Pleas of Sark,
(iv) the Government
of the Isle of Man, or
(v) the Government of any
British overseas territory;
(d) to
any law officer of the Crown for Guernsey or of the Crown for the Isle of Man;
(e) to
the Legal Aid Agency (of the UK), the Scottish Legal Aid Board or the Legal
Services Agency Northern Ireland;
(f) to
the Financial Conduct Authority or the Prudential Regulatory Authority (of the UK),
the Jersey Financial Services Commission, the Guernsey Financial Services
Commission, or the Isle of Man Financial Services Authority;
(g) to the
European Commission, or to a competent authority of a member State of the EU,
for the purpose of assisting or co-operating with the performance of any of
their functions under an EU sanctions provision that is given effect under Article 3,
or of any of their functions under any other EU provision by virtue of which a
person is a designated person under Article 19 or 29;
(h) with
a view to instituting, or otherwise for the purposes of, any proceedings –
(i) in Jersey, for an
offence under this Law,
(ii) in
the UK, for an offence under a UK sanctions provision,
(iii) in
any of the other Channel Islands, in the Isle of Man or in any British overseas
territory, for an offence under an enactment in force there, being an enactment
that is similar to this Law, to an Order under this Law, or to a UK sanctions
provision, or
(iv) in a
member State of the EU, for an offence under an EU sanctions provision that is
given effect under Article 3, or an offence under any other EU provision
by virtue of which a person is a designated person under Article 19
or 29;
(i) with
the permission of the Attorney General, for the purposes of an investigation
into a suspected offence falling within any of the clauses of sub-paragraph (h);
(j) for
the purpose of giving assistance or co-operation, under a UN sanctions
resolution or in connection with a function under Article 43A,
45A or 45B or otherwise for the purpose of countering terrorism, to –
(i) any organ of the
United Nations, or
(ii) any
person in the service of the United Nations, the UK, the Council of the EU, the
European Commission or the Government of any other country or territory; or
(k) with
the consent of a person who, in his or her own right, is entitled to the
information or to possession of the document, copy or extract, to a third
party.[46]
(2) In paragraph (1)(k)
“in his or her own right” means not merely in the capacity as a
servant or agent of another person.
37 Co-operation
with investigations
(1) The Attorney General
must take such steps as he or she considers appropriate to co-operate with an
investigation relating to the funds, economic resources or financial
transactions of a designated person.
(2) The Minister must take
such steps as he or she considers appropriate to co-operate with an investigation
relating to the funds, economic resources or financial transactions of a
designated person.
(3) Paragraphs (1) and
(2) apply whether the investigation takes place in Jersey or elsewhere.
37A Publication
of procedures and memorandum of understanding[47]
(1) The
Minister must publish a statement of the Minister’s procedures for the
performance of the Minister’s functions under Articles 43A, 45A and
45B.
(2) The
first statement for each of those Articles must be published no later than the
end of 2022, and the Minister must publish any subsequent change to the
statement.
(3) The
Minister must seek to agree a memorandum of understanding with Her
Majesty’s Government in the UK as to the coordination of the performance
of the Minister’s functions under Articles 43A, 45A and 45B with the
performance of the equivalent functions of that Government.
(4) The
Minister must publish the memorandum of understanding, if any, agreed from time
to time under paragraph (3).
38 Relation to other powers
and duties
(1) Nothing done in
accordance with this Part is to be treated as a breach of any restriction
imposed by contract, enactment or otherwise.
(2) However, nothing in
this Part authorises a disclosure that –
(a) contravenes
the Data Protection (Jersey)
Law 2018; or
(b) is
prohibited by Part 2 of the Regulation of Investigatory
Powers (Jersey) Law 2005.
(3) Nothing in this Part is
to be read as requiring a person (“P”) who has acted for another
person in the capacity of advocate, counsel or solicitor, or otherwise in the
capacity of lawyer, to disclose any privileged information that is in P’s
possession in that capacity.
(4) This Part does not
limit the circumstances in which information may be disclosed otherwise than by
virtue of this Part.
(5) This Part does not
limit the powers of the Minister to impose conditions in connection with the performance
of the Minister’s functions under Article 16 in relation to licences.
(6) In this Article –
“information” includes documents;
“privileged information” means information with respect
to which a claim to legal professional privilege could be maintained in legal
proceedings.
39 Power
to amend Part 6 by Regulations
The States may by
Regulations amend this Part to make alternative or supplementary provision as
to the reporting, gathering, disclosure or other treatment of information for
purposes of or related to this Law.
part 7
reviews and appeals
40 Appeal
to Royal Court on certain decisions
(1) This Article applies to
a decision of the Minister –
(a) to
refuse to make an Order under Article 19(4)(a) to provide that a person is
not a designated person;
(b) to
make an interim terrorism designation of a person under Article 20;
(c) to
make a final terrorism designation of a person under Article 22;
(d) to
renew a final terrorism designation of a person under Article 23;
(e) to
vary, not to vary, or not to revoke an interim or final terrorism designation
of a person under Article 25;
(f) to
make an Order designating a person under Article 27(2);
(g)
(h) to
make or amend an interim UN asset-freezing Order designating a person under
Article 30; or
(i) to
make or amend a final UN asset-freezing Order designating a person under
Article 31.[48]
(2) The person may appeal
against the decision to the Royal Court.
(3) On such an appeal, the
Royal Court may make such order as it thinks appropriate.
(4) The making of an appeal
under this Article does not suspend the effect of the decision or Order to
which the appeal relates, unless the Royal Court orders otherwise.
41 Review of other
decisions by Royal Court
(1) This Article applies to
any decision of the Minister taken in the performance of, or in connection
with, his or her functions under this Law, other than a decision to which Article 40
applies.
(2) A person affected by a
decision to which this Article applies may apply to the Royal Court for the
decision to be set aside.
(3) In determining whether
the decision should be set aside, the Court must apply the principles
applicable on an application for judicial review.
(4) If the Court decides
that the decision should be set aside it may make any such order, or give any
such relief, as may be made or given in proceedings for judicial review.
(5) The making of an application
for review under this Article does not suspend the effect of the decision to
which the appeal relates, unless the Royal Court orders otherwise.
42 Procedure on appeal
and review
(1) Schedule 1 makes
provision as to the procedure on an appeal and on a review.[49]
(2) The States may by
Regulations amend Schedule 1 to make alternative or supplementary provision
as to the procedure on an appeal or review.[50]
43 Report on and
review of operation of interim and final terrorism
designations
(1) As soon as reasonably
practicable after the end of each reporting period, during which the Minister
performs any function under any of Articles 20 to 26, or under Article 16
in relation to a person designated under any of those Articles, the Minister must –
(a) prepare
a report about the performance of that function during that period; and
(b) lay a
copy of the report before the States.
(2) For the purpose of paragraph (1),
the reporting periods are the 3-month periods ending at midnight on 31st March,
30th June, 30th September and 31st December in each year, being 3-month
periods during which this Article is in force.
(3) However, the first
reporting period commences on the date of the coming into force of this Article
and ends on whichever of the days specified in paragraph (2) first falls
at least 3 months after that date.
(4) The Minister must
appoint a person to review the operation, during any year, of Articles 20
to 26, and of Article 16 in relation to a person designated under any of Articles 20
to 26, if –
(a) during
part or all of the year a designation under any of Articles 20 to 26
was in effect;
(b) during
part or all of the year a licence under Article 16 was in effect that had
been granted in relation to a person designated under any of Articles 20
to 26; or
(c) during
the year the Minister performed a function under any of Articles 20 to 26,
or under Article 16 in relation to a person designated under any of Articles 20
to 26.
(5) The person so appointed
must carry out the review as soon as reasonably practicable after the end of
the relevant year and send the Minister a report of the findings of the review
as soon as reasonably practicable after completing the review.
(6) On receiving such a
report, the Minister must lay a copy of it before the States.
(7) The Minister may pay
the expenses of a person who conducts such a review and also such allowances as
the Minister determines.
43A Requests for
assistance with UN de-listing[51]
(1) If the Minister
receives a request falling within paragraph (2), the Minister must
consider the request and decide whether or not to comply with it.
(2) A
request falls within this paragraph if it –
(a) is
from a UN-listed person who is a designated person;
(b) is
for the Minister to request Her Majesty’s Government in the UK to use its
best endeavours to secure that the person ceases to be a UN-listed person; and
(c) it
does not fall within paragraph (3).
(3) A request falls within
this paragraph if –
(a) the designated
UN-listed person has made a previous request under this Article or under
section 25 of the Sanctions and Anti-Money Laundering Act 2018 of the
UK; and
(b) the
grounds on which the current request is made do not include a significant
matter that has not previously been considered by the Minister or by Her
Majesty’s Government in the UK.
part 8
offences and Miscellaneous
44 Offences:
responsibility of directors, partners and officers
(1) In this
Article –
“relevant offence” means an offence under this Law
committed by a limited liability partnership, a separate limited partnership, an
incorporated limited partnership or another body corporate;
“relevant person” means –
(a) if
the relevant offence is committed by a limited liability partnership, a partner
of the partnership;
(b) if
the relevant offence is committed by a separate limited partnership or an
incorporated limited partnership –
(i) a general
partner, or
(ii) a
limited partner who is participating in the management of the partnership;
(c) if
the relevant offence is committed by a body corporate other than an
incorporated limited partnership –
(i) a director,
manager, secretary or other similar officer of the body corporate, and
(ii) if
the affairs of the body corporate are managed by its members, a member who is
acting in connection with the member’s functions of management; and
(d) a
person purporting to act in any capacity described in sub-paragraphs (a)
to (c) in relation to the partnership or body that commits the relevant
offence.
(2) If a relevant offence is
proved to have been committed with the consent or connivance of a relevant
person, that relevant person is also guilty of the offence and liable in the
same manner as the partnership or body corporate to the penalty provided for
that offence.
(3) If a relevant offence –
(a) is an
offence that may be committed by neglect; and
(b) is
proved to be attributable to any neglect on the part of a relevant person,
that relevant person is also guilty of the offence and liable in the
same manner as the partnership or body corporate to the penalty provided for
that offence.
(4) A fine imposed on an
unincorporated association on its conviction of an offence under this Law must
be paid out of the funds of the association.
(5) Paragraphs (6) and
(7) apply if it is alleged that an offence under this Law has been committed by
an unincorporated association (that is, not by a member of the association).
(6) Proceedings for such an
offence must be brought in the name of the association.
(7) For the purposes of
such proceedings, any rules of court relating to the service of documents have
effect as if the association were a body corporate (to the extent that those
rules do not make specific provision for service on unincorporated
associations).
(8) The States may by
Regulations amend this Article to make alternative or supplementary provision
as to liability for offences.
45 Offences:
extra-territorial application
(1) An
offence under this Law may be constituted by conduct (including acts and
omissions) wholly or partly outside Jersey by –
(a) a UK
national who is ordinarily resident in Jersey; or
(b) a
person incorporated or constituted under the law of Jersey.
(2) In
paragraph (1) “UK national” means –
(a) a
British citizen, a British National (Overseas), a British Overseas citizen or a
British overseas territories citizen (where each of those terms has its meaning
in the British Nationality Act 1981 of the UK);
(b) a
person who under that Act is a British subject; or
(c) a
British protected person within the meaning of that Act.
(3) Where
an offence under this Law is committed outside Jersey –
(a) proceedings
for the offence may be brought in Jersey; and
(b) the
offence may for all incidental purposes be treated as having been committed in
Jersey.
(4) Nothing
in this Article affects any criminal liability arising otherwise than by virtue
of this Article.
45A Request from or to another country for
terrorism designation[52]
(1) Paragraph (2)
applies if the Minister receives a request from a territory or country other
than Jersey (an “overseas country”) for a person to be designated
under Part 4.
(2) The
Minister must promptly, and in any event within 7 days of receiving the
request –
(a) consult
the financial intelligence unit established under Article 41B of the Proceeds of Crime (Jersey) Law 1999;
(b) make
a decision as to whether it appears appropriate to designate the person under
Part 4; and
(c) inform
the overseas country of the decision.
(3) Paragraph (4)
applies if the Minister makes a request to an overseas country for that
overseas country to take a measure that corresponds to designation under
Part 4.
(4) The
Minister must give to the overseas country –
(a) a
reason for the request; and
(b) any
information that the Minister is able to disclose to support the request.
45B Request to UN for terrorism
designation[53]
(1) This
Article applies if the Minister reasonably believes that a person, who is not a
UN-listed person, should be a UN-listed person in relation to, or should
otherwise be subject to measures under, any one or more of the following (the
“relevant resolution”) –
(a) any
of the UN Security Council resolutions mentioned in Article 19(1)(c);
(b) UN
Security Council resolution 1373 (2001);
(c) any
other UN sanctions resolution, as adopted from time to time, that states that
its purposes include countering terrorism.
(2) The
Minister must request Her Majesty’s Government in the UK to use its best
endeavours to secure that the person becomes a UN-listed person under the
relevant resolution.
(3) For
the purpose of paragraph (1), in considering whether a person should be a
UN-listed person, the Minister must in particular –
(a) have
regard to any designation criterion or procedure established by any organ of
the United Nations for the purpose of the relevant resolution;
(b) have
regard to any recommendation adopted by FATF in relation to the relevant
resolution; and
(c) consult
the financial intelligence unit established under Article 41B of the Proceeds of Crime (Jersey)
Law 1999.
(4) When making a request
under paragraph (2), the Minister must give to Her Majesty’s
Government in the UK –
(a) the
reason for the request; and
(b) any
information that the Minister is able to disclose to support the request.
(5) Paragraph (2)
applies –
(a) whether
or not any criminal proceedings have been taken against the person; and
(b) whether
or not the Minister decides to designate the person under this Law.
46 Delegation to
persons other than Assistant Ministers and officers
(1) The
provisions of this Article are supplementary to those of Article 28 of the
States of Jersey Law 2005, and Articles 30 and 30A of that Law apply to a delegation
under this Article as they apply to a delegation under that Law.
(2) The
Minister may, by instrument in writing, delegate wholly or partly any of his or
her functions under this Law to any person or body other than a person to whom
those functions may be delegated under Article 28 of the States of Jersey Law 2005.
(3) The
delegation may be unconditional or subject to any condition specified in the
instrument of delegation.
(4) The
Minister may not delegate any power to make an Order under this Law.
(5) The
delegation of a function by the Minister under this Article does not prevent
the Minister performing that function personally.
(6) Where
any licence, permit or authorisation is granted in purported performance of a
function delegated under paragraph (2), no criminal proceedings are to lie
against any person for any act done, or omitted to be done, in good faith and
in accordance with the terms of the licence, permit or authorisation, by reason
that the function had not been delegated, or that any requirement attached to
the delegation of the function had not been complied with.
46A Civil immunity[54]
(1) A
person is not liable to any civil proceedings to which that person would, in
the absence of this Article, have been liable in respect of an act, if at the
time of the act the person reasonably believed that the act was necessary to
comply with an obligation or prohibition imposed –
(a) by
this Law;
(b) by an
enactment under this Law; or
(c) by a
direction or other instruction given under this Law or under an enactment under
this Law.
(2) Nothing
in paragraph (1) limits any other ground on which, in the absence of this
Article, the person may claim not to be liable for an act.
47 Power to amend
other enactments in relation to related matters
(1) The States may, by
Regulations, amend any enactment listed in paragraph (2) to make such provision
as they consider necessary or expedient –
(a) in
consequence of the coming into force of –
(i) this Law, or
(ii) an
amendment to this Law, made by Regulations under any other Article of this Law;
or
(b) in
relation to a reference (direct or indirect) in that other enactment
to –
(i) money laundering,
(ii) the
freezing of assets,
(iii) the United
Nations Act 1946 of the UK, or an Order in Council (whether extending to
Jersey or not) under that Act,
(iv) any
of the enactments listed in paragraph (2), or
(v) either of the Laws
repealed by Article 51.
(2) The enactments referred
to in paragraph (1) are –
(a) the Crime and Security (Jersey)
Law 2003;
(b) the Money Laundering and Weapons
Development (Directions) (Jersey) Law 2012;
(c) the Proceeds of Crime (Jersey)
Law 1999;
(d) the Police Procedures and
Criminal Evidence (Jersey) Law 2003;
(e) the Regulation of Investigatory
Powers (Jersey) Law 2005;
(f) the
EU Legislation (Information
Accompanying Transfers of Funds) (Jersey) Regulations 2017;
(g) the Proceeds of Crime
(Supervisory Bodies) (Jersey) Law 2008;
(h) any
enactment made under any of the enactments listed in sub-paragraphs (a) to
(g);
(i) any
Order made under Article 2(1)(b) of the EU Implementation Law, that is
treated as continuing in force under Article 48(1) of this Law;
(j) any
other enactment (not including this Law) that contains a reference to money laundering,
to the freezing of assets, or to any of the enactments listed in sub-paragraphs (a)
to (i).
48 Savings,
transitional and consequential provisions
(1) [55]
(2) [56]
(3) The States may, by
Regulations, make such other saving, transitional or consequential provision as
appears to the States to be necessary or expedient in relation to the
commencement of this Law.
(4) An Order or Regulations
under this Law may contain such transitional, saving, consequential, incidental
or supplementary provision as appears to the Minister or the States to be
necessary or expedient for the purposes of the Order or Regulations respectively.
49 [57]
50 [58]
51 [59]
52 Citation
This Law may be cited as
the Sanctions and Asset-Freezing (Jersey) Law 2019.
53 Commencement
This Law comes into force on a day specified by the Minister by
Order, being no later than the day on which Article 6(a) of the European Union (Repeal and
Amendment) (Jersey) Law 2018 comes into force.