EU
Legislation (Sanctions) (General Provisions) (Jersey) Order 2014
Part 1
Interpretation and Application
1 Interpretation
In this Order, unless the context otherwise requires –
“relevant EU provision”, in relation to a relevant special Order
means the EU provision implemented by that relevant special Order;
“relevant special Order” means a special Order that –
(a) is made –
(i) at any time, to give effect to Council
Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific
restrictive measures directed against certain persons and entities associated
with the Al-Qaida network (OJ L 139, 29.5.2002, p. 9) as amended[2], or to Council Regulation
(EU) No 753/2011 of 1 August 2011 concerning restrictive measures
directed against certain individuals, groups, undertakings and entities in view
of the situation in Afghanistan (OJ L 199, 2.8.2011, p. 1) as amended[3], or
(ii) after the commencement
of this Order;
(b) is made under Article 2(1)(b)
of the European Union Legislation
(Implementation) (Jersey) Law 2014, whether or not also under Article 2(1)(c)
of that Law; and
(c) includes express
provision that the special Order is a relevant special Order for the purpose of
this Order.
2 Articles applicable to relevant special
Orders
(1) Each of Articles 3 to 14 is to be
read, subject to paragraph (2), as forming part of a relevant special
Order.
(2) A relevant special Order may include any
one or more of the following –
(a) express provision that one
or more of Articles 3 to 14 is not to be read as forming part of the
relevant special Order;
(b) provision that any or all
of those Articles are to be read, when read as part of the relevant special
Order –
(i) as being subject to any reservation or condition
specified in the relevant special Order,
(ii) as applying only in
relation to provisions of the relevant special Order that are specified for
that purpose by that Order, or
(iii) as otherwise modified by
the relevant special Order.
Part 2
General provisions read as part of relevant
Special Orders unless excluded
3 Construction of references to include
Jersey
(1) A reference in the relevant EU provision to
member States or the EU (however expressed) is to be construed as including
Jersey.
(2) A reference in the relevant EU provision to
the competent authorities is to be construed as including the Minister.
4 Construction of references to include
Guernsey
(1) A reference in the relevant EU provision to
member States or the EU (however expressed) is to be construed as including Guernsey.
(2) A reference in the relevant EU provision to
the competent authorities is to be construed as including 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 the relevant EU provision is implemented in
Guernsey.
5 Construction of references to include Isle
of Man
(1) A reference in the relevant EU provision to
member States or the EU (however expressed) is to be construed as including the
Isle of Man.
(2) A reference in the relevant EU provision to
the competent authorities is to be construed as including 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 the relevant EU provision is implemented
in the Isle of Man.
6 Application: scope in relation to Jersey
The relevant EU provision applies by virtue of the relevant special
Order as if, for any provision of the EU provision specifying the scope of its
application in relation to the EU, there were substituted a provision applying
the EU provision –
(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.
7 Application: registrable trust company
business
(1) Paragraph (2) applies to any obligation
or prohibition that is imposed by the relevant EU provision 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 service by way of business, being the business
by virtue of which that provider is an EU-defined financial service provider.
(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 paragraphs (1) and
(2) –
(a) a person carries on relevant
trust company business if the person –
(i) falls within Article 3(3) of the European Union Legislation (Implementation)
(Jersey) Law 2014, 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; and
(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 relevant EU provision, or
(ii) carries on any other
description of business specified in the relevant EU provision, being business
that would, if carried on in Jersey, be financial services business within the
meaning of the Proceeds of Crime (Jersey) Law 1999.
(4) Paragraph (5) applies if the relevant
EU provision –
(a) contains –
(i) a requirement to freeze the funds or
economic resources (within the meaning of that EU provision) 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 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 paragraph (6), as it applies to an
EU-defined financial service provider.
(6) A person falls within this 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.
8 Functions
of Minister: as competent authority
The Minister, with a view to ensuring compliance with the relevant
EU provision, must perform the functions required to be performed by a
competent authority of a member State under that EU provision, as if the
Minister were a competent authority for the purpose of that EU provision.
9 Functions of Minister: delegation
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 the relevant special Order to any person, or class or
description of person, approved by the Minister.
10 Information: power to
obtain
(1) The Minister, or any person authorized by
the Minister for the 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,
in the person’s possession or control, that the Minister may require
for a purpose described in paragraph (2).
(2) That purpose is to assist the
Minister –
(a) in the implementation of
the relevant EU provision; or
(b) otherwise in ensuring
compliance with the relevant special Order.
(3) A person to whom a request is made under
paragraph (1), or under that paragraph as read with paragraph (6)(b),
must comply with the request within such time and in such manner as may be
specified in the request.
(4) Nothing in paragraph (3) requires a
person who has acted as legal adviser for a person to disclose a privileged
communication made to the person in that capacity.
(5) If a person is convicted of an offence
under the relevant special 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.
(6) The power conferred by paragraph (1)
to request a person to produce a document includes the power –
(a) to take copies of or
extracts from a document so produced; and
(b) 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, to the extent of that person’s knowledge.
10A Information:
duty to provide[4]
(1) Nothing in Article 32(1)(b)(ii) of the
Sanctions and Asset-Freezing
(Jersey) Law 2019 (the “2019 Law”) is to be read as limiting any provision as to
information made by a relevant EU provision, including any provision imposing a
duty to supply information to the Minister without being asked for it.
(2) Nothing in Article 32(3) the 2019 Law
is to be read as limiting any provision of a relevant special Order creating an
offence of contravention of a duty mentioned in paragraph (1).
(3) Nothing in any of Articles 33(5)(b),
33(5)(c) and 35(1) of the 2019 Law is to be read as limiting any provision
of Article 10 of this Order.
(4) Paragraphs (1), (2) and (3) do not
limit the application to a relevant special Order of –
(a) Article 12 of the Interpretation (Jersey) Law 1954; and
(b) Articles 1(3) and
48(1) of the 2019 Law.
11 Information: restrictions
on disclosure
(1) The relevant EU provision does not have
effect in so far as it would otherwise –
(a) impose a duty on the
Minister to supply any information to a member State or to the European Commission;
or
(b) be inconsistent with
paragraph (2) in any other respect.
(2) The Minister may supply to a member State
or to the European Commission –
(a) information as to any
measure he or she proposes to take, or has taken, under the relevant special
Order;
(b) information disclosable
under paragraph (3)(a) or (c); and
(c) subject to paragraph (3),
any other information at his or her disposal in connection with the
implementation of the relevant EU provision or otherwise in connection with the
relevant special Order.
(3) 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 Article 10 must not be disclosed
except –
(a) subject to paragraph (4),
with the consent of the person by whom the information was furnished or the
document was produced;
(b) to –
(i) a person empowered under Article 10(1)
to request that it be furnished or produced, or
(ii) 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, as identified in the relevant EU provision, for any purpose
in connection with the relevant EU provision;
(d) on the authority of the
Minister, to the Jersey Financial Services Commission, established by 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 the relevant EU provision; or
(e) with a view to the
institution of, or otherwise for the purposes of, proceedings for an offence
under the relevant special Order.
(4) Consent for the purposes of paragraph (3)(a)
may be given only by a person entitled to the information or to possession of
the document in their own right, and not by a person having such information or
document in the capacity of a servant or agent of the person so entitled.
12 Offences: liability in
connection with body corporate or partnership
(1) In this Article –
“relevant offence” means an offence under the relevant special Order
that is 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.
13 Offences: consent of
Attorney General
A prosecution for an offence under the relevant special Order must
not be instituted without the consent of the Attorney General.
14 Offences: application of Customs and Excise (Jersey) Law 1999
(1) If the relevant special Order 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) a relevant special Order
includes a customs-related offence provision if –
(i) the relevant EU provision prohibits or
restricts an act that constitutes the importation or exportation, or attempted importation
or exportation, of goods for the purpose of the 1999 Law, and
(ii) the relevant special Order
provides that contravention of that prohibition or restriction is an offence;
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).
14A [5]
Part 3
Final
15 Citation
This Order may be cited as
the EU Legislation (Sanctions) (General Provisions) (Jersey) Order 2014.