EU Legislation
(Sanctions – Sudan) (Jersey) Order 2015
1 Interpretation
In this Order –
“General Provisions Order” means the EU Legislation
(Sanctions) (General Provisions) (Jersey) Order 2014;
“Regulation (EU) No 747/2014” means Council
Regulation (EU) No 747/2014 of 10 July 2014 concerning
restrictive measures in view of the situation in Sudan and repealing Regulations
(EC) No 131/2004 and (EC) No 1184/2005 (OJ L 203, 11.7.2014, p. 1),
as amended[1] up to the date of the making
of this Order (subject to Article 2).
2 Ambulatory
references to Annexes
A reference in Regulation (EU) No 747/2014 to either of the
Annexes to that Regulation is to be read as a reference to that Annex as
amended, substituted, extended or applied from time to time by any other EU
provision, or as that Annex otherwise has effect in the EU from time to time by
virtue of any judgment of the European Court.
3 Application
of general provisions
(1) This Order is a
relevant special Order for the purpose of the General Provisions Order.
(2) Regulation (EU)
No 747/2014 is the relevant EU provision for the purpose of the general
provisions of the General Provisions Order, when those provisions are read as
part of this Order.
(3) For the purpose of Article 14A
of the General Provisions Order, the UN financial sanctions resolution
implemented by Regulation (EU) No 747/2014 is United Nations Security
Council Resolution 1591 (2005).[2]
4 Implementation
of Regulation (EU) No 747/2014
(1) Regulation (EU)
No 747/2014 has effect as if it were an enactment –
(a) to
any extent that Regulation (EU) No 747/2014 does not otherwise have effect
in Jersey;
(b) subject
to the modifications made by the general provisions that are to be read as part
of this Order by virtue of Article 3 and the General Provisions Order; and
(c) subject
to paragraph (2).
(2) Paragraph (1) does
not apply to any extent that it is inconsistent with or repugnant to any
provision of the Sudan (United Nations Measures) (Channel Islands)
Order 2005, being a provision that has effect for the time being in
Jersey.
5 Offences
(1) A person
who –
(a) contravenes
Article 2, 5 or 10 of Regulation (EU) No 747/2014, as that Article
has effect in Jersey by virtue of Article 4;
(b) intentionally
furnishes false information or a false explanation to any person exercising
powers under Article 10 of the General Provisions Order as read as part of
this Order; or
(c) with
intent to evade the provisions of Article 10 of the General Provisions
Order as read as part of this Order, 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 is guilty of
an offence, and liable to imprisonment for a term of 3 months and to a
fine, if the person, without reasonable excuse, contravenes –
(a) Article 10(3)
of the General Provisions Order as read as part of this Order; or
(b) Article 9
of Regulation (EU) No 747/2014, as that Article has effect in Jersey by
virtue of Article 4.
(3) Paragraph (1)(a)
does not apply to a contravention –
(a) by
the Minister, of an obligation imposed on the Minister by Article 8 of the
General Provisions Order; or
(b) by a
person other than the Minister, of an obligation imposed on that person under
Article 9 of that Order.
6 Citation
This Order may be cited as the EU Legislation
(Sanctions – Sudan) (Jersey) Order 2015.