Terrorist
Asset-Freezing (Jersey) Law 2011
A LAW to provide for financial restrictions on persons suspected of
involvement in terrorist activities; and for related purposes
Commencement [see endnotes]
part 1
interpretation
1 Interpretation
(1) In
this Law –
“association”
includes an unincorporated body;
“designated person”
has the meaning set out in Article 2;
“designation”
means final designation or interim designation, as the case requires;
“document”
means a recording of information in any form, including a form illegible to the
naked eye;
“economic resources”
has the meaning set out in Article 4(2);
“final
designation” means a designation made under Article 8;
“financial services”
has the meaning set out in Article 3;
“funds” has
the meaning set out in Article 4(1);
“interim
designation” means a designation made under Article 6;
“Minister”
means the Minister for External Relations;
“produce”, in
relation to information recorded in a form illegible to the naked eye, includes
producing a copy of the information in legible form;
“relevant
institution” has the meaning set out in Article 5;
“the relevant
Security Council resolutions” means –
(a) resolution
1373 (2001) adopted by the Security Council of the United Nations on 28th
September 2001; and
(b) resolution
1452 (2002) adopted by the Security Council of the United Nations on 20th
December 2002;
“renew” means,
in respect of a final designation, renew under Article 9;
“special counsel”
means a person appointed under paragraph 5 of the Schedule;
“terrorism”
has the same meaning as in the Terrorism (Jersey)
Law 2002.[2]
(2) A
reference in this Law to an Act of the United Kingdom is a reference to that
enactment as amended from time to time.
2 Meaning
of “designated person”
(1) In
this Law, “designated person” means –
(a) a
person who is the subject of a designation under this Law;
(b) a
person who is the subject of a designation, being a designation within the
meaning of the Terrorist Asset-Freezing etc. Act 2010 (c.38) of the United
Kingdom;
(c) a
natural or legal person, group or entity included in the list (as in force from
time to time) provided for by Article 2(3) of Council Regulation (EC) No
2580/2001 of 27 December 2001 on specific restrictive measures directed
against certain persons and entities with a view to combating terrorism (as
that Regulation is amended from time to time); or
(d) subject
to paragraph (2), a natural or legal person, group or entity –
(i) listed on the ISIL
(Da’esh) and Al-Qaida Sanctions List maintained and amended from time to
time by the Committee established under resolutions 1267(1999), 1989(2011) and
2253(2015) concerning ISIL (Da’esh), Al-Qaida and associated individuals
and entities,
(ii) listed
on a list maintained and amended from time to time by the Committee established
pursuant to resolution 1988 (2011) as being associated with the Taliban,
or
(iii) listed
on a list maintained and amended from time to time by the Counter Terrorism
Committee established pursuant to resolution 1373 (2001),
such Committees being
established by the United Nations Security Council.[3]
(2) Despite
paragraph (1)(d), a designation by virtue of that sub-paragraph ceases to
have effect if the natural or legal person, group or entity remains listed as
mentioned in that sub-paragraph –
(a) at
the end of a period of 30 days after it was so listed; or
(b) at
the time, if sooner, at which it becomes designated by virtue of any of
paragraphs (1)(a), (b) and (c).[4]
3 Meaning
of “financial services”
(1) In
this Law, “financial services” means any services of a financial
nature, including (but not limited to) –
(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
financial service business within the meaning of Article 2 of the Financial Services
(Jersey) Law 1998 and not included in sub-paragraph (a) or (b).
(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).
4 Meaning
of “funds”,
“economic resources”, “owned”, “held” and
“controlled”[5]
(1) In
this Law, “funds” means financial assets and benefits of every
kind, including (but not limited to) any of the following –
(a) cash,
cheques, claims on money, drafts, money orders and other payment instruments;
(b) deposits
with relevant 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.
(2) In
this Law, “economic resources” means assets of every kind, whether
tangible or intangible, and movable or immovable, that are not funds but can be
used to obtain funds, goods or services.
(3) The
fact that funds or economic resources are owned, held or controlled by a
designated person jointly with another person or otherwise does not prevent
those funds being treated as being owned, held or controlled by the designated
person for the purposes of Article 13 or Article 22.[6]
(4) A
reference in Article 13 or 22 to funds or economic resources being
“owned, held or controlled” by a designated person includes a
reference to them being owned, held or controlled directly or indirectly.[7]
(5) In
this Law –
(a) the words “owned”,
“held”, “controlled”, “directly” and
“indirectly” have the same meaning as they have in Council
Regulation (EC) No 2580/2001 of 27 December 2001 on specific
restrictive measures directed against certain persons and entities with a view
to combatting terrorism (as that Regulation is amended from time to time); and
(b) Article 3 of the European Union (Jersey)
Law 1973 applies to any question as to the meaning or effect of those
words, as that Article applies to such a question in relation to a provision
that has effect in Jersey by virtue of the arrangements described in Article 3(1)
of that Law.[8]
5 Meaning
of “relevant institution”
(1) In
this Law, “relevant institution” means –
(a) a
person (whether or not an individual) who carries on financial services
business in or from within Jersey; or
(b) a
person (not being an individual) who is incorporated or constituted under the
law of Jersey and carries on financial services business in any part of the
world.
(2) For
the purposes of paragraph (1), “financial services business”
has the same meaning as in the Proceeds of Crime
(Jersey) Law 1999.
part 2
interim designation and final designation
6 Power
to make interim designation
(1) The
Minister may make an interim designation of a person if the Minister considers
that it is necessary, for purposes connected with protecting members of the
public from terrorism, that financial restrictions should be applied in
relation to the person and –
(a) the Minister
reasonably suspects that the person is or has been involved in terrorist
activity;
(b) the Minister
reasonably suspects that the person is owned or controlled directly or
indirectly by a person who the Minister reasonably suspects is or has been
involved in terrorist activity; or
(c) the Minister
reasonably suspects that the person is acting on behalf of or at the direction
of a person who the Minister reasonably suspects is or has been involved in
terrorist activity.[9]
(2) Article 8(2)
to (4) apply for the purposes of this Article as they apply for the purposes of
Article 8.
(3) The
Minister can not make more than one interim designation of the same person in
relation to the same, or substantially the same, evidence and cannot renew an
interim designation.[10]
(4) Nothing
in this Article, however, prevents the making of a final designation in
accordance with Article 8 of a person who has been the subject of an
interim designation.
7 Duration
of interim designation
(1) An
interim designation of a person –
(a) is of
no effect during any period when the person is a designated person by virtue of
Article 2(b) or (c); and
(b) expires
at the end of the 30 days beginning with the day on which it was made, or when
a final 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 10.[11]
(3) Where
an interim designation expires on the making of a final designation in relation
to the same person –
(a) a
notice under paragraph (2) may be combined with written notice under Article 10
of the final designation; and
(b) steps
under paragraph (2) may be combined with steps under Article 10 to
publicize the final designation.
8 Power
to make final designation
(1) The
Minister may make a final designation of a person if the Minister considers
that it is necessary, for purposes connected with protecting members of the
public from terrorism, that financial restrictions should be applied in
relation to the person and –
(a) the Minister
reasonably believes that the person is or has been involved in terrorist
activity;
(b) the Minister
reasonably believes that the person is owned or controlled directly or
indirectly by a person who the Minister reasonably believes is or has been
involved in terrorist activity; or
(c) the Minister
reasonably believes that the person is acting on behalf of or at the direction
of a person who the Minister reasonably believes is or has been involved in
terrorist activity.[12]
(2) For
the purposes of this Article, involvement in terrorist activity is any one or
more of the following –
(a) the
commission, preparation or instigation of acts of terrorism;
(b) conduct
that facilitates the commission, preparation or instigation of such acts, or
that is intended to do so;
(c) conduct
that gives support or assistance to persons who are known or believed by the
person giving the support or assistance to be involved in conduct falling
within sub-paragraph (a) or (b).
(3) For
the purposes of this Article, it is immaterial whether the acts of terrorism in
question are specific acts of terrorism or acts of terrorism generally.
(4) The
reference in paragraph (1) to financial restrictions includes a reference
to restrictions relating to economic resources.
9 Duration
and renewal of final designation
(1) A
final designation of a person –
(a) is of
no effect during any period when the person is a designated person by virtue of
Article 2(b) or (c); and
(b) expires
12 months after it was made, unless it is renewed.
(2) The
Minister may renew a final designation of a person at any time before it
expires, if the requirements for final designation under Article 8 are met
in respect of the person at the time of the renewal.[13]
(3) A
final designation so renewed expires 12 months after it was renewed (or last
renewed), unless it is renewed again.
(4) Article 10
applies to the renewal under this Article of a final designation in the same way
as it applies to a final designation under Article 8.
(5) Where
a final 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 10.[14]
(6) Nothing
in this Article prevents the Minister from designating a person more than once
under Article 8.[15]
10 Notification
of designation (interim or final)
(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 publicize the designation.[16]
(2) Unless
one or more of the following conditions is satisfied, the Minister must take
steps to publicize 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.[17]
(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.[18]
(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 publicize the designation generally.[19]
11 Variation
or revocation of designation (interim or final)
(1) The
Minister may at any time vary or revoke a designation.[20]
(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 10.[21]
(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.[22]
12 Confidential
information
(1) Where
the Minister in accordance with Article 10(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.[23]
(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 purposes 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 authorized 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.[24]
(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).[25]
part 3
PROHIBITIONS IN RELATION TO DESIGNATED PERSONS
13 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.
14 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.
15 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 purposes of paragraph (1) –
(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.
16 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.
17 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 purposes of paragraph (1) –
(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.
18 Exceptions
(1) Article 13(1),
14(1) or 15(1) is not contravened by a relevant institution 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 14(1)
and 15(1) do not prevent a relevant institution from crediting a frozen account
where it receives funds transferred to the account.
(3) Article 15(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.
(4) A
relevant institution must, as soon as practicable but in any case within 14
days, inform the Minister if it credits a frozen account with a payment
referred to in paragraph (1)(b) or in the circumstances referred to in paragraph (2).[26]
(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).[27]
(6) In
this Article “frozen account” means an account with a relevant
institution, being an account held or controlled (directly or indirectly) by a
designated person.
19 Licences
(1) Article 13(1),
14(1), 15(1), 16(1) or 17(1) does not apply to anything done under
the authority of a licence granted by the Minister under this Article.[28]
(2) The
Minister may grant a licence in respect of a designated person.[29]
(3) A
licence granted under this Article –
(a) must
specify the acts authorized 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.
(4) The
Minister may at any time vary or revoke a licence granted under this Article.[30]
(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 publicize the grant,
variation or revocation of the licence.[31]
(6) A
person who, 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,
commits an offence and is
liable to imprisonment for a term of 5 years and to a fine.[32]
(7) A
person who purports to act under the authority of a licence granted under this
Article but fails to comply with any condition to which the licence is subject
commits an offence and is liable to imprisonment for a term of 5 years and
to a fine.[33]
20 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 13(1), 14(1), 15(1), 16(1) or 17(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
INFORMATION
21 Reporting
obligations of relevant institutions
(1) A
relevant 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 an offence under Part 3; 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.[34]
(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.[35]
(3) A
relevant 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.[36]
22 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.[37]
(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.[38]
(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.[39]
(4) The
Minister may require a person acting under a licence granted under Article 19
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.[40]
(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.[41]
(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.[42]
(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.[43]
(9) Information
required to be provided under this Article may relate to any period during
which a person is, or was, a designated person.
(10) Information
referred to in paragraph (1)(b), (2) or (5)(a)(iii) and required under
this Article to be provided in relation to a designated person may relate to
any period before the person became a designated person (as well as, or instead
of, any period during which the person is a designated person).
23 Production
of documents
(1) A
requirement under Article 22 may include a requirement to produce
specified documents or documents of a specified description.
(2) Where
the Minister requires under Article 22 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, 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
any other case, a present or past officer or employee of the association or
body corporate,
to give an explanation
of the document.[44]
(3) Where
the Minister requires under Article 22 a designated person, or a person
acting under a licence granted under Article 19, 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).[45]
24 Failure
to comply with requirement for 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 this Part.[46]
(1A) 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 such a requirement;
(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.[47]
(2) 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.
25 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 United Kingdom,
(ii) the
Crown in right of the Scottish Administration, the Northern Ireland
Administration or the Welsh Assembly Government,
(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 Services Commission (of the United Kingdom), the Scottish Legal Aid
Board or the Northern Ireland Legal Services Commission;
(f) to
the Financial Services Authority (of the United Kingdom), the Jersey Financial
Services Commission, the Guernsey Financial Services Commission, the Isle of
Man Insurance and Pensions Authority or the Isle of Man Financial Supervision
Commission;
(g) for
the purpose of giving assistance or co-operation, pursuant to the relevant
Security Council Resolutions, to –
(i) any organ of the
United Nations, or
(ii) any
person in the service of the United Nations, the Council of the European Union,
the European Commission or the Government of any country;
(h) with
a view to instituting, or otherwise for the purposes of, any proceedings –
(i) in the United
Kingdom, for an offence under the Terrorist Asset-Freezing etc. Act 2010
(c.38) of the United Kingdom,
(ii) in
Jersey, for an offence under this Law, or
(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 the enactment referred to in clause (i) or (ii); or
(i) 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.[48]
(2) In
paragraph (1)(i) “in his or her own right” means not merely in
the capacity as a servant or agent of another person.
26 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.[49]
(3) Paragraphs (1)
and (2) apply whether the investigation takes place in Jersey or elsewhere.
27 Application
of provisions
(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 authorizes 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.[50]
(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 19.[51]
(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.
part 5
review
28 Appeal
to Royal Court
(1) This
Article applies to any decision of the Minister –
(a) to
make or vary an interim or final designation of a person;
(b) to
renew a final designation of a person; or
(c) not
to vary or revoke an interim or final designation of a person.[52]
(2) The
person may appeal against any such 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 to which the appeal relates.
29 Review
of 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 28 applies.[53]
(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.
30 Rules
for appeals and reviews
The Schedule has effect.
31 Report
on operation of Law
(1) As
soon as reasonably practicable after the end of each reporting period during
which the Minister performs any function under this Law, the Minister shall –
(a) prepare
a report about the performance of that function during that period; and
(b) lay a
copy of the report before the States.[54]
(2) For
the purposes 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 is to commence with the commencement of this Article
and to end on whichever of the days specified in paragraph (2) first falls
at least 3 months after that commencement.
32 Independent
review of operation of Law
(1) The
Minister must appoint a person to review the operation, during any year, of
this Law if –
(a) during
part or all of the year a designation under this Law, or a licence granted
under Article 19, was in effect; or
(b) during
the year the Minister performed any function under this Law (other than the
function under Article 31(1)).[55]
(2) The
person so appointed must carry out a review of the operation of this Law 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.[56]
(3) On
receiving such a report, the Minister must lay a copy of it before the States.[57]
(4) The
Minister may pay the expenses of a person who conducts such a review and also
such allowances as the Minister determines.[58]
part 6
offences
33 Extra-territorial
application of provisions about offences
(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 (where each of those terms has its meaning in the British
Nationality Act 1981 (c. 61) of the United Kingdom);
(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.
34 Responsibility
of directors, partners and officers
(1) Where
an offence under this Law committed by a partnership, association or body
corporate, is proved to have been committed with the consent or connivance of,
or to be attributable to any neglect on the part of –
(a) a
person who is a partner of the partnership, or a director, manager, secretary
or other similar officer of the association or body corporate; or
(b) any
person purporting to act in any such capacity,
the person shall also be
guilty of the offence and liable in the same manner as the partnership,
association or body corporate to the penalty provided for that offence.
(2) If
the affairs of an association or of a body corporate are managed by its
members, paragraph (1) shall apply in relation to acts and defaults of a
member in connection with the member’s functions of management as if the
member were a director of the association or body corporate.
35 Consent
to prosecution
Proceedings for an
offence under this Law (other than an offence under Article 21(3) or 24)
may not be instituted except by, or with the consent of, the Attorney General.
36 Procedure
for offences by unincorporated associations
(1) 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.
(2) Paragraphs (3)
and (4) 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).
(3) Proceedings
for such an offence must be brought in the name of the association.
(4) 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).
part 7
miscellaneous
37 Service
of notices
(1) This
Article applies to any notice to be given to a person by the Minister under
this Law.[59]
(2) Any
such notice may be given –
(a) by
posting it to the person’s last known address; or
(b) where
the person is a body corporate, partnership or unincorporated body other than a
partnership, by posting it to the registered or principal office of the body or
partnership concerned.
(3) If
the Minister does not have an address for the person, the Minister must take
reasonable steps to give the notice to the person at the first available
opportunity.[60]
38 Delegation
(1) The
Minister may, by instrument in writing, delegate wholly or partly any of his or
her functions under this Law to any other person or to any body.[61]
(2) The
delegation may be unconditional or subject to any condition specified in the
instrument of delegation.
(3) The
Minister shall not delegate any power to make Orders under this Law.[62]
(4) The
delegation of functions by the Minister under this Article shall not prevent
the Minister performing those functions personally.[63]
(5) Where
any licence, permit or authorization is granted in purported performance of a
function delegated under paragraph (1), no criminal proceedings shall 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 authorization, 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.
(6) Nothing
in this Article affects the operation of Article 28 of the States of Jersey
Law 2005.
39 Orders
(1) The
Minister may make Orders, not inconsistent with this Law, for or with respect
to any matter that by this Law is required or permitted to be prescribed by
Order or that is necessary or convenient to be prescribed by Order for carrying
out or giving effect to this Law.[64]
(2) An
Order made under this Law may contain such transitional, consequential,
incidental or supplementary provisions, or such savings, as appear to the Minister
to be necessary or expedient for the purposes of the Order.[65]
40 Regulations
in general and for consequential purposes
(1) The
States may by Regulations amend the Schedule and any of Articles 1, 2, 3,
4, 5, 6 and 8.
(2) The
States may by Regulations make amendments to enactments other than this Law,
being amendments consequential on the enactment of this Law.
(3) The
States may make Regulations, not inconsistent with this Law, for or with
respect to any matter that by this Law is required or permitted to be
prescribed by Regulations or that is necessary or convenient to be prescribed
by Regulations for carrying out or giving effect to this Law.
(4) Regulations
made under this Law may contain such transitional, consequential, incidental or
supplementary provisions, or such savings, as appear to the States to be
necessary or expedient for the purposes of the Regulations.
41 Savings
and transitional provisions
(1) The
States may, by Regulations, make provision of a saving or transitional nature
consequent on the enactment of this Law.
(2) A
provision of Regulations made under this Article may, if the Regulations so
provide, come into force on the day on which this Article comes into force or
on a later day.
(3) To
the extent to which any such provision comes into force on a date that is
earlier than the date of its promulgation, the provision does not operate so as –
(a) to
affect, in a manner prejudicial to any person (other than the States or an
administration of the States), the rights of that person existing before the
date of its promulgation; or
(b) to
impose liabilities on any person (other than the States or an administration of
the States) in respect of anything done or omitted to be done before the date
of its promulgation.
42 Citation
This Law may be cited as
the Terrorist Asset-Freezing (Jersey) Law 2011.