Community Provisions
(Restrictive Measures – Guinea-Bissau) (Jersey) Order 2012
THE CHIEF MINISTER, in pursuance of Article 2 of
the European Communities Legislation (Implementation) (Jersey) Law 1996,
orders as follows –[2]
Commencement [see endnotes]
1 Interpretation[3]
In this Order –
“Council Regulation No. 377/2012” means –
(a) in Article 2,
Council Regulation (EU) No. 377/2012 of 3 May 2012 concerning
restrictive measures directed against certain persons, entities and bodies
threatening the peace, security or stability of the Republic of Guinea-Bissau
(OJ No. L 119/1, 4.5.2012)[4] as amended up to 19th June
2013; and
(b) in
Articles 3 to 5 and the Schedule, the provisions of that Council
Regulation as they have effect in Jersey by virtue of Article 2.
2 Council Regulation
No. 377/2012 to have effect in Jersey
(1) Subject to this
Article, Council Regulation No. 377/2012 has full force and effect in Jersey.
(2) A reference in that
Council Regulation to a Member State, Member States or the Union is to be
construed so as to include Jersey.
(3) A reference in that
Council Regulation to the competent authority is to be construed so as to
include the Minister.
(4) Council Regulation
No. 377/2012 is modified as follows –
(a) Articles 1(e),
3, 4(2), 5(2), 10, 11, 12 and 13 are omitted;
(b) for
Article 4(1)(d) there is substituted the following sub‑paragraph –
“(d) necessary for extraordinary
expenses.”;
(c) for
Article 8(1) there is substituted the following paragraph –
“1. Without prejudice to
any provision of the law of Jersey concerning reporting, confidentiality and
professional secrecy, natural or legal persons, entities, or bodies, resident
or located in Jersey shall –
(a) supply immediately any information which
would facilitate compliance with this Regulation to the Minister; and
(b) co-operate with the Minister in any
verification of that information.”;
(d) for
Article 9 there is substituted the following Article –
The Minister may inform a Member
State or the Commission of the measures he or she proposes to take, or has
taken, under this Regulation and may supply to a Member State or the Commission
any other relevant information at his or her disposal in connection with this
Regulation.”;
(e) for
Article 14 there is substituted the following Article –
This Regulation shall
apply:
(a) to Jersey, including its airspace;
(b) on board any aircraft, or any vessel, under
the jurisdiction of Jersey;
(c) to any legal person, entity, or body, which
is incorporated or constituted under the law of Jersey;
(d) to any legal person, entity, or body, in
respect of any business done in whole or in part in Jersey.”.
3 Information
The Schedule has effect in order to facilitate the obtaining, by or
on behalf of the Minister, of information for any purpose in connection with
Council Regulation No. 377/2012.
4 Offences
(1) A person
who –
(a) contravenes
Article 2 or 8 of Council Regulation No. 377/2012;
(b) intentionally
furnishes false information or a false explanation to any person exercising
powers under the Schedule; or
(c) with
intent to evade the provisions of the Schedule, destroys, mutilates, defaces,
secretes or removes any document,
is guilty of an offence and liable to imprisonment for a term of
2 years and to a fine.
(2) A person who
contravenes paragraph 1(2) of the Schedule is guilty of an offence and
liable to imprisonment for a term of 3 months and to a fine.
(3) If an offence under
this Order committed by a limited liability partnership, separate limited
partnership 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 director, manager, secretary or
other similar officer of the body corporate; or
(b) a
person purporting to act in any such capacity,
the 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) If the affairs of a
body corporate are managed by its members, paragraph (3) applies 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 body corporate.
(5) A prosecution for an
offence under this Order must not be instituted without the consent of the
Attorney General.
5 Functions
of Minister
(1) The Minister, with a
view to ensuring compliance with Council Regulation No. 377/2012, must
perform the functions required to be performed by a competent authority of a
Member State under that Council Regulation, as if the Minister were a competent
authority.
(2) The Minister may, to
such extent and subject to such restrictions as he or she may think proper,
delegate or authorize the delegation of any of his or her functions under this
Order to any person, or class or description of person, approved by the
Minister.
6 Citation
This Order may be cited as the Community Provisions (Restrictive
Measures – Guinea-Bissau) (Jersey) Order 2012.
SCHEDULE
(Article 3)
Information
1 Disclosure
of information
(1) The
Minister (or any person authorized by the Minister for that purpose either generally
or in a particular case) may request a person in or resident in Jersey
to –
(a) furnish
to the Minister information; or
(b) produce
to the Minister a document,
that is in the
person’s possession or control and that the Minister may require for the
purpose of ensuring compliance with Council Regulation No. 377/2012.
(2) A
person shall, within the time and manner specified in the request (or, if no
time has been so specified, within a reasonable time), comply with a request made
pursuant to sub-paragraph (1) unless the person has a reasonable excuse
not to do so.
(3) Nothing
in this paragraph requires a person who has acted as legal adviser for a person
to disclose a privileged communication made to the person in that capacity.
(4) If
a person is convicted by a court of an offence under this Order of failing to
furnish information or to produce a document, the court may make an order
requiring the person, within such period as may be specified in the order, to
furnish the information or produce the document.
(5) The
power conferred by this paragraph to request a person to produce a document
includes the power to take copies of or extracts from a document so produced
and to request the person or, if the person is a body corporate, any other
person who is a present or past officer of, or is employed by, the body
corporate, to provide an explanation of any such document.
2 Restrictions
on disclosure
(1) Information
furnished or a document produced (including any copy or extract made of a
document produced) by a person in pursuance of a request made under this
Schedule must not be disclosed except –
(a) subject
to sub-paragraph (2), with the consent of the person by whom the
information was furnished or the document was produced;
(b) to a
person who would have been empowered under this Schedule to request that it be
furnished or produced or a person holding or acting in an office under or in
the service of the States;
(c) on
the authority of the Minister, to the European Commission or to any of the
competent authorities of the Member States, being the competent authorities specified
in Council Regulation No. 377/2012, for any purpose in connection with
that Council Regulation;
(d) on
the authority of the Minister, to the Jersey Financial Services Commission established
under the Financial
Services Commission (Jersey) Law 1998 for the purpose of any of its
functions, where the Minister believes that the exercise of such a function may
assist in achieving compliance with Council Regulation No. 377/2012; or
(e) with
a view to the institution of, or otherwise for the purposes of, proceedings for
an offence under this Order.
(2) A
person who has obtained information or is in possession of a document only in
the person’s capacity as a servant or agent of another person may not
give consent for the purposes of sub-paragraph (1)(a) but such consent may
instead be given by a person who is entitled to that information or to
possession of that document in the person’s own right.