Sanctions and Asset-Freezing (Implementation of EU Regulations) (Jersey) Order 2020[1]

Official Consolidated Version

This is an official version of consolidated legislation compiled and issued under the authority of the Legislation (Jersey) Law 2021.

Showing the law from 19 December 2020 to 11 February 2021

Sanctions and Asset-Freezing (Implementation of EU Regulations) (Jersey) Order 2020

Article

1             Interpretation. 3

2             Effect given to EU sanctions Regulations subject to modifications. 3

3             Asset-freeze: designation and licensing. 3

4             Offences: contravention of certain implemented provisions. 4

5             Offences: customs-related provisions. 4

6                              5

7             Citation and commencement 5

EU Sanctions Regulations implemented   6

General Provisions  12

1             Application in relation to Jersey. 12

2             Construction of references to include UK, Guernsey and Isle of Man. 12

3             Disapplication of duty to supply information to EU.. 13

4             Application of provisions to relevant financial institutions. 13

Table of Legislation History. 16

Table of Endnote References. 16

Sanctions and Asset-Freezing (Implementation of EU Regulations) (Jersey) Order 2020

1        Interpretation

(1)     In this Order –

“EU sanctions Regulation” means an EU provision specified in column 2 of the table in Schedule 1;

“Law” means the Sanctions and Asset-Freezing (Jersey) Law 2019.

(2)     A reference in Schedule 1 to an EU provision is to that provision –

(a)     as it is amended, substituted, extended or applied from time to time by any other EU provision; and

(b)     as it otherwise has effect in the EU from time to time by virtue of any judgment of the European Court.

2        Effect given to EU sanctions Regulations subject to modifications

An EU sanctions Regulation has effect as if it was an enactment –

(a)     to any extent that it does not otherwise have effect in Jersey;

(b)     subject to Article 3 and to the modifications made by the general provisions contained in Schedule 2; and

(c)     subject to the limitation that it does not have effect to any extent that it is inconsistent with or repugnant to any provision of an Order in Council made under the United Nations Act 1946 of the UK, being a provision that has effect for the time being in the law of Jersey.

3        Asset-freeze: designation and licensing

(1)     A person is a designated person for the purpose of Part 3 of the Law if the person is listed in a provision specified in column 4 of the table in Schedule 1, subject to any limitation expressed in that column.

(2)     If a person, who is listed in an EU sanctions Regulation, is a designated person under paragraph (1), then in relation to that person –

(a)     each provision of that Regulation that is an asset-freeze does not have effect, and Part 3 of the Law applies accordingly in place of that provision; and

(b)     any provision of that Regulation that is a derogation from the asset-freeze has effect solely in relation to the granting of a licence under Article 16 of the Law.

(3)     For the purpose of paragraph (2), an asset-freeze is a prohibition imposed, against the person, for a purpose falling within Article 3(6) of the Law.

4        Offences: contravention of certain implemented provisions

(1)     A person commits an offence, and is liable to imprisonment for a term of 7 years and to a fine, if the person –

(a)     contravenes a provision specified in column 5 of the table in Schedule 1, as that provision has effect in Jersey under Article 2; or

(b)     intentionally participates in activities knowing that the object or effect of them is (whether directly or indirectly) to circumvent such a provision, or to enable or facilitate the contravention of such a provision.

(2)     Paragraph (1) does not apply to an act –

(a)     of the Minister, when performing a function under the Law or as competent authority under paragraph 1(1) of Schedule 2; or

(b)     of any other person, when performing such a function as a delegate of the Minister under Article 46 of the Law or Article 28 of the States of Jersey Law 2005.

5        Offences: customs-related provisions

(1)     If an EU sanctions Regulation includes a customs-related offence provision –

(a)     Article 48 of the Customs and Excise (Jersey) Law 1999 (the “1999 Law”) applies to the arrest of a person for the customs-related offence as it applies to the arrest of a person for an offence under the 1999 Law; and

(b)     Articles 64 to 67 of the 1999 Law apply in relation to the customs-related offence, and to proceedings and penalties for the customs-related offence, as they apply in relation to an offence under the 1999 Law and to proceedings and penalties for such an offence.

(2)     For the purpose of paragraph (1) –

(a)     an EU sanctions Regulation includes a customs-related offence provision if –

(i)      the EU sanctions Regulation prohibits or restricts an act that, for the purpose of the 1999 Law, constitutes the importation or exportation, or attempted importation or exportation, of goods, and

(ii)      contravention of the prohibition or restriction is an offence, by virtue of Article 4(1); and

(b)     a reference to the “customs-related offence” is a reference to the offence described in sub-paragraph (a)(ii), to the extent that that offence is constituted by an act described in sub-paragraph (a)(i).

6        [2]

7        Citation and commencement

This Order may be cited as the Sanctions and Asset-Freezing (Implementation of EU Regulations) (Jersey) Order 2020 and comes into force 14 days after it is made.

SCHEDULE 1[3]

(Articles 1, 3 and 4)

EU Sanctions Regulations implemented

SCHEDULE 2

(Article 2)

General Provisions

1        Application in relation to Jersey

(1)     The Minister is the competent authority for Jersey in relation to an EU sanctions Regulation.

(2)     A reference in an EU sanctions Regulation to member States or the EU (however expressed) is to be read as including Jersey.

(3)     An EU sanctions Regulation is to be read in its application to Jersey as if, for any provision specifying the scope of the application of the EU sanctions Regulation in relation to the EU, there were substituted a provision applying the EU sanctions Regulation –

(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.

(4)     For the purpose of a reference in the Law to compliance with or evasion of the Law, or to an offence or function under the Law, an EU sanctions Regulation is to be treated as if it were a provision of the Law.

(5)     Sub-paragraph (4) –

(a)     applies in particular to Articles 32(1)(b)(ii), 32(4)(b), 32(6)(b), 33(5)(b), 33(5)(c), 41(1), 44(1), 45(1) and 46(2) of the Law; and

(b)     does not limit the application of Article 1(3) of the Law in relation to an EU sanctions Regulation.

2        Construction of references to include UK, Guernsey and Isle of Man

(1)     A reference in an EU sanctions Regulation to member States or the EU (however expressed) is to be construed as including the UK, Guernsey and the Isle of Man.

(2)     A reference in an EU sanctions Regulation to the competent authorities is to be construed as including –

(a)     the person in the UK who for the purposes of the law of any of the jurisdictions of the UK is to be treated as a competent authority in so far as that EU sanctions Regulation is implemented in that jurisdiction;

(b)     the person in Guernsey who for the purposes of the law of Guernsey is to be treated as a competent authority in so far as that EU sanctions Regulation is implemented in Guernsey; and

(c)     the person in the Isle of Man who for the purposes of the law of the Isle of Man is to be treated as a competent authority in so far as that EU sanctions Regulation is implemented in the Isle of Man.

3        Disapplication of duty to supply information to EU

An EU sanctions Regulation does not have effect in so far as it would otherwise impose a duty on the Minister to supply any information to another competent authority, to a member State or to the European Commission.

4        Application of provisions to relevant financial institutions

(1)     Sub-paragraph (2) applies to any obligation or prohibition that is imposed by an EU sanctions Regulation on an EU-defined financial service provider in respect of –

(a)     that provider’s dealings with the finances of another person; or

(b)     the provision, by that provider to another person, of a relevant service.

(2)     The obligation or prohibition applies to a person carrying on relevant trust company business as it applies to the EU-defined financial service provider.

(3)     For the purpose of sub-paragraphs (1) and (2) –

(a)     a person carries on relevant trust company business if the person –

(i)      falls within Article 4(3) of the Law, and

(ii)      carries on trust company business within the meaning of the Financial Services (Jersey) Law 1998, for which the person is required by Article 7 of that Law to be a registered person;

(b)     a person is an EU-defined financial service provider if the person –

(i)      is a credit institution or a financial institution, within the meaning of the EU sanctions Regulation, or

(ii)      carries on any other description of business specified in the EU sanctions Regulation, being business that would, if carried on in Jersey, be financial services business within the meaning of the Proceeds of Crime (Jersey) Law 1999; and

(c)     a service is a relevant service if –

(i)      the person who provides it does so by way of business, and

(ii)      that business is the business by virtue of which the person is an EU-defined financial service provider.

(4)     Sub-paragraph (5) applies if the EU sanctions Regulation –

(a)     contains –

(i)      a requirement to freeze the funds or economic resources (within the meaning of that EU sanctions Regulation) of a person, or not to make such funds or economic resources available to a person, and

(ii)      an exception (whether general or by way of licence or otherwise) to that requirement;

(b)     imposes the requirement –

(i)      on all persons generally, or

(ii)      on a description of persons that includes both EU-defined financial service providers and persons falling within sub-paragraph (6), whether or not also including other persons of any description; and

(c)     makes the exception available only to EU-defined financial service providers.

(5)     The exception is to be read as applying also to a person falling within sub-paragraph (6), as it applies to an EU-defined financial service provider.

(6)     A person falls within this sub-paragraph if the person –

(a)     is a registered person, within the meaning of the Financial Services (Jersey) Law 1998;

(b)     carries on trust company business within the meaning of that Law; and

(c)     is not an EU-defined financial service provider.

SCHEDULE 3[4]

Endnotes

Table of Legislation History

◦Projets available at statesassembly.gov.je

Table of Endnote References