Sanctions
and Asset-Freezing (Implementation of External Sanctions) (Jersey) Order 2021
Made 29th January 2021
Coming into
force 12th February 2021
THE MINISTER FOR EXTERNAL RELATIONS makes this Order under Articles 3,
4 and 27(2) of the Sanctions and Asset-Freezing (Jersey) Law 2019[1] –
1 Interpretation
(1) In
this Order –
“Law” means the Sanctions
and Asset-Freezing (Jersey) Law 2019[2];
“UK sanctions instrument”
means an instrument enacted in the UK that is specified in column 2 of the
table in Schedule 1.
(2) A
reference in this Order to a UK sanctions instrument is to that instrument as
amended from time to time.
2 Effect given to UK sanctions instruments subject to
modifications
A UK sanctions instrument
has effect as if it was an enactment, subject to –
(a) Articles 3(2), 3(3), 5(2)
and 7(4);
(b) the exceptions and
modifications made by the general provisions contained in Schedule 2; and
(c) any exceptions and modifications
made, in relation to that UK sanctions instrument, by the special provisions
contained in Schedule 3.
3 Asset-freeze designation and licences
(1) A
person is a designated person for the purpose of Part 3 of the Law if the
person is, for the purpose of a UK sanctions instrument, a designated person as
defined by a provision specified in column 4 of the table in Schedule 1 in
relation to that instrument.
(2) In
relation to a person designated under paragraph (1), if a provision (the “UK asset-freezing provision”) of the UK sanctions
instrument corresponds to a provision of Part 3 of the Law or relates to the
power to designate the person –
(a) that UK asset-freezing
provision does not have effect, subject to paragraph (3); and
(b) Part 3 of the Law and
paragraph (1) of this Article apply accordingly instead of the UK
asset-freezing provision.
(3) A
UK asset-freezing provision has effect solely as a ground for the granting of a
licence under Article 16 of the Law, if that UK asset-freezing provision sets
out –
(a) a ground for granting a
licence in relation to another UK asset-freezing provision; or
(b) an exception to another
UK asset-freezing provision, if that exception does not correspond to any of
the exceptions in Article 15 of the Law but the applicant for the licence
satisfies the Minister that the exception can be applied as a ground for a licence
in Jersey either without any modifications or with reasonable modifications.
(4) This
Article is subject to any exception or modification made by a special provision
contained in Schedule 3 in relation to a particular UK sanctions instrument.
4 Offences of contravention of certain implemented provisions
other than asset-freezes
(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 under Article 2 when read with the other provisions
of the same UK sanctions instrument as they have effect under that Article; or
(b) intentionally
participates in an activity knowing that the object or effect of the activity
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 under this Order;
(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[3]; or
(c) to the extent that it is
authorised by a licence under Article 5 and does not contravene any condition
to which that licence is subject.
(3) Paragraph
(1)(a) is subject to any defence available under the UK sanctions instrument in
respect of an offence in that instrument that is constituted by the
contravention of the provision referred to in that sub-paragraph, and to any
provision in that instrument that relates to that defence.
5 Licences in relation to implemented provisions other than
asset-freezes
(1) The
Minister may grant a licence for any act, or description of acts, that would
otherwise constitute an offence under Article 4, if the Minister is satisfied
that a licence could be granted under the UK sanctions instrument for an
equivalent act, or class of acts, in the UK.
(2) Articles
16(3), (4), (5) and 33(4) of the Law apply in relation to a licence under this
Article as they apply in relation to a licence under Article 16 of the Law, and
a provision of the UK sanctions instrument that relates to licences does not
have effect under Article 2 of this Order to the extent that the licence may be
granted under this Article.
(3) For
the purpose of Article 16(3) of the Law, as applied by
paragraph (2) –
(a) the power of the Minister,
in deciding whether or not to grant a licence, is not limited
by whether any equivalent licence has or has not
been granted under the UK sanctions instrument; and
(b) the power of the Minister,
in deciding whether to grant a licence generally or to a particular person or
description of persons, is not limited by whether any equivalent licence was
granted generally or to a particular person or description of persons under the
UK sanctions instrument.
(4) A
person commits an offence, and is liable to imprisonment
for a term of 5 years and to a fine, if the person, 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.
(5) A
person commits an offence, and is liable to imprisonment for a term of 5 years
and to a fine, if the person –
(a) purports to act under the
authority of a licence granted under this Article; but
(b) contravenes any condition
to which the licence is subject.
6 Offence of disclosure of confidential information as to
designation
(1) This
Article applies to information relating to a designation under a UK sanctions
instrument, if, at the request of the Secretary of State, the Minister –
(a) provides the information
only to certain persons; and
(b) specifies that the
information is to be treated as confidential.
(2) A person commits an
offence, and is liable to imprisonment for a term of 2 years and to a
fine, if the person –
(a) discloses information, to
which this Article applies, provided to or otherwise obtained by that person;
and
(b) knows, or has reasonable
cause to suspect, that the information is to be treated as confidential.
(3) Paragraph (2) does not apply to –
(a) a disclosure of
information that is already, or has previously been, available to the public
from the Secretary of State or another source; or
(b) a disclosure made with
lawful authority.
(4) For this purpose information is disclosed
with lawful authority only if and to the extent that –
(a) the disclosure is by or
to, or is authorised by, the Minister or the Secretary of State;
(b) the disclosure is by or
with the consent of the person who is or was the subject of the designation;
(c) the disclosure is
necessary to give effect to a requirement imposed by or under this Order 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.
(5) On the application of the Minister or of the
person who is the subject of the designation, the Royal Court may grant an
order to prevent disclosure of information to which this Article applies.
7 Customs provisions applied in relation to offences
(1) If
a UK sanctions instrument includes a customs-related offence provision –
(a) Article 48 of the Customs
and Excise (Jersey) Law 1999[4] (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) the UK sanctions
instrument includes a customs-related offence provision if –
(i) the UK sanctions instrument 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).
(3) Nothing
in this Article is to be read as preventing –
(a) the contravention of a
prohibition described in paragraph (2)(a)(i), that has effect by virtue of
Article 2, from constituting an offence under the 1999 Law, including an
offence under Article 61 of that Law as read with the Customs and Excise
(Import and Export Control) (Jersey) Order 2006[5] and with the provisions
of any licence under that Order; or
(b) Articles 48 and 64 to 67
of the 1999 Law from applying in relation to that offence.
(4) A
provision of a UK sanctions instrument does not have effect to the extent that
the provision relates to the Customs and Excise Management Act 1979 of the UK.
8 Prohibition of satisfaction of claims affected by certain
UNSCRs between 1990 and 1994
(1) In
this Article “EU claims Regulation” means –
(a) Council Regulation (EEC)
No 3541/92 of 7 December 1992 (OJ L 361, 10.12.1992, p. 1) prohibiting the
satisfying of Iraqi claims with regard to contracts and transactions, the
performance of which was affected by United Nations Security Council
Resolution 661 (1990) and related resolutions;
(b) Council Regulation (EC)
No 3275/93 of 29 November 1993 (OJ L 295, 30.11.1993, p. 4) prohibiting
the satisfying of claims with regard to contracts and transactions the
performance of which was affected by the United Nations Security Council
Resolution 883 (1993) and related resolutions;
(c) Council Regulation (EC)
No 1264/94 of 30 May 1994 (OJ L 139, 2.6.1994, p. 4) prohibiting the satisfying
of claims by the Haitian authorities with regard to contracts and transactions
the performance of which was affected by the measures imposed by or pursuant to
United Nations Security Council resolutions 917 (1994), 841 (1993), 873 (1993)
and 875 (1993); or
(d) Council Regulation (EC)
No 1733/94 of 11 July 1994 (OJ L 182, 16.7.1994, p. 1) prohibiting the
satisfying of claims with regard to contracts and transactions the performance
of which was affected by the United Nations Security Council Resolution
757(1992) and related resolutions.
(2) Articles
1, 2(1), 3 and 4 of each of the EU claims Regulations have effect as if they
were enactments.
(3) A
person commits an offence, and is liable to imprisonment for a term of 7
years and to a fine, if the person contravenes a prohibition in Article 2(1)
of an EU claims Regulation.
9 Repeal of previous sanctions Orders, and transitional
provisions
(1) The
following Orders are repealed –
(a) the Sanctions and
Asset-Freezing (Implementation of EU Regulations) (Jersey) Order 2020[6];
(b) the Sanctions and
Asset-Freezing (UK Human Rights Designations) (Jersey) Order 2020[7];
(c) the Sanctions and
Asset-Freezing (Designation of Lugovoy and Kovtun) (Jersey) Order 2020[8].
(2) Paragraph
(3) applies if, immediately before the coming into force of this Order (the
“commencement date”), there is in effect a licence granted –
(a) under an Order (the
“repealed Order”) repealed by paragraph (1); or
(b) under Article 16 of the
Law in relation to a person designated by virtue of the repealed Order.
(3) Despite
paragraph (1), on and after the commencement date the licence is to be treated
as if granted under this Order, or under Article 16 of the Law in relation to a
person designated by virtue of this Order as the case may be.
(4) Paragraphs
(2) and (3), and this paragraph, expire 6 months after the coming into force of
this Order.
10 Citation and commencement
This Order may be cited as the Sanctions and Asset-Freezing
(Implementation of External Sanctions) (Jersey) Order 2021 and comes into force
on 12th February 2021.
Senator I.J. Gorst
Minister for External Relations
SCHEDULE 1
(Articles 3 and 4)
UK sanctions instruments implemented
|
|
|
|
|
|
|
Afghanistan
|
The
Afghanistan (Sanctions) (EU Exit) Regulations 2020
|
2020/948
|
regulation
6
|
regulations
16(1), 17(1), 18(1), 19(1), 20(1), 20(2), 20(3), 21(1), 22(1)
|
|
Belarus
|
The
Republic of Belarus (Sanctions) (EU Exit) Regulations 2019
|
2019/600
|
regulation
10
|
regulations
22(1), 23(1), 24(1), 25(1), 26(1), 26(2), 26(3), 27(1)
|
|
Bosnia and Herzegovina
|
The Bosnia and Herzegovina (Sanctions) (EU
Exit) Regulations 2020
|
2020/608
|
regulation 10
|
none
|
|
Burma
|
The Burma (Sanctions) (EU Exit)
Regulations 2019
|
2019/136
|
regulation 10
|
regulations 23(1), 24(1), 25(1), 26(1),
27(1), 27(2), 27(3), 28(1), 28C(1), 28D(1), 28E(1), 28F(1), 28G(1), 28G(2),
28G(3), 28G(4), 28H(1), 29(1), 30(1)
|
|
Burundi
|
The Burundi (Sanctions) (EU Exit)
Regulations 2019
|
2019/1142
|
regulation 10
|
none
|
|
Central African Republic
|
The Central African Republic (Sanctions)
(EU Exit) Regulations 2020
|
2020/616
|
regulation 11
|
regulations 22(1), 23(1), 24(1), 25(1),
26(1), 26(2), 26(3), 27(1), 28(1)
|
|
Chemical Weapons
|
The Chemical Weapons (Sanctions) (EU Exit)
Regulations 2019
|
2019/618
|
regulation 10
|
none
|
|
Counter-Terrorism – International
|
The Counter-Terrorism (International
Sanctions) (EU Exit) Regulations 2019
|
2019/573
|
regulation 10
|
regulations 20(1), 21(1), 22(1), 23(1),
24(1), 24(2), 24(3), 25(1), 26(1)
|
|
Counter-Terrorism – National Security
|
The Counter-Terrorism (Sanctions) (EU
Exit) Regulations 2019
|
2019/577
|
regulation 10
|
none
|
|
Cyber
|
The Cyber (Sanctions) (EU Exit)
Regulations 2020
|
2020/597
|
regulation 10
|
none
|
|
Democratic
People’s Republic of Korea
|
The
Democratic People’s Republic of Korea (Sanctions) (EU
Exit) Regulations 2019
|
2019/411
|
regulations
5 and 10
|
regulations
18(1), 18(3), 19(1), 19(2), 20(1), 21(1), 22(1), 23(2), 23(3), 24(1), 25(1), 26(1),
26(2), 26(3), 26(4), 26(5), 26(6), 26(7), 27(1), 28(1), 28(2), 29(1), 30(1),
30(2), 30(3), 37(1), 38(1), 39(1), 40(1), 41(1), 41(2), 41(3), 41(4), 41(5),
42(1), 42(2), 43(2), 44(4), 46(1), 47(1), 49(1), 50(1), 50(3), 51(2), 52(3),
53(1), 54(1), 54(2), 54(3), 55(1), 55(2), 56(1), 57(1), 58(1), 59(1), 59(2), 60(1),
61(1), 65(1), 66(6), 67(2), 67(3), 67(4), 69(1), 70(1), 71(1), 71(2), 72(4),
72(6), 73(7), 73(9), 74(1), 76(1), 76(2)
|
|
Democratic Republic of the Congo
|
The Democratic
Republic of the Congo (Sanctions) (EU Exit) Regulations 2019
|
2019/433
|
regulation 11
|
regulations 22(1), 23(1), 24(1), 25(1),
26(1), 26(2), 26(3), 27(1), 28(1)
|
|
Eastern Mediterranean
|
The Unauthorised Drilling Activities in
the Eastern Mediterranean (Sanctions) (EU Exit) Regulations 2020
|
2020/1474
|
regulation 10
|
none
|
|
Global Human Rights
|
The Global Human Rights Sanctions
Regulations 2020
|
2020/680
|
regulation 10
|
none
|
|
Guinea
|
The Guinea (Sanctions) (EU Exit)
Regulations 2019
|
2019/1145
|
regulation 10
|
none
|
|
Guinea-Bissau
|
The Republic of Guinea-Bissau (Sanctions)
(EU Exit) Regulations 2019
|
2019/554
|
regulation 10
|
none
|
|
Iran 1
|
The Iran (Sanctions) (Human Rights) (EU
Exit) Regulations 2019
|
2019/134
|
regulation 10
|
regulations 24(1), 25(1), 26(1), 27(1),
28(1), 28(2), 28(3), 29(1), 30(1)
|
|
Iran 2
|
The Iran (Sanctions) (Nuclear) (EU Exit)
Regulations 2019
|
2019/461
|
regulation 11
|
regulations 22(1), 23(1), 24(1), 25(1),
26(1), 26(2), 26(3), 27(1), 29(1), 30(1), 31(1), 32(1), 33(1)
|
|
Iraq
|
The Iraq
(Sanctions) (EU Exit) Regulations 2020
|
2020/707
|
regulation 6(1) or (2)
|
regulations 18(1), 19(1), 20(1), 21(1),
23(1), 24(1), 25(1), 26(1), 27(1)
|
|
ISIL (Da’esh) and Al-Qaida
|
The ISIL (Da’esh) and Al-Qaida (United
Nations Sanctions) (EU Exit) Regulations 2019
|
2019/466
|
regulation 6
|
regulations 16(1), 17(1), 18(1), 19(1),
20(1), 20(2), 20(3), 21(1), 22(1), 25(1)
|
|
Lebanon 1
|
The Lebanon (Sanctions) (EU Exit)
Regulations 2020
|
2020/612
|
none
|
regulations 8(1), 9(1), 10(1), 11(1), 12(1),
12(2), 12(3), 13(1)
|
|
Lebanon 2
|
The Lebanon (Sanctions) (Assassination of
Rafiq Hariri and others) (EU Exit) Regulations 2020
|
2020/617
|
regulation 6
|
none
|
|
Libya
|
The
Libya (Sanctions) (EU Exit) Regulations 2020
|
2020/1665
|
regulations
11 and 17
|
regulations
25(1), 26(1), 27(1), 28(1), 29(1), 29(2), 29(3), 30(1), 31(1), 35(1), 36(1),
36(2), 37(1), 38(1), 42(2), 42(6)
|
|
Lugovoy
and Kovtun
|
The
Andrey Lugovoy and Dmitri Kovtun Freezing Order 2020
|
2020/36
|
Article
3
|
none
|
|
Mali
|
The
Mali (Sanctions) (EU Exit) Regulations 2020
|
2020/705
|
regulation
11
|
none
|
|
Misappropriation
|
The Misappropriation (Sanctions) (EU Exit)
Regulations 2020
|
2020/1468
|
regulation 10
|
none
|
|
Nicaragua
|
The Nicaragua (Sanctions) (EU Exit)
Regulations 2020
|
2020/610
|
regulation 10
|
none
|
|
Russia
|
The Russia (Sanctions) (EU Exit)
Regulations 2019
|
2019/855
|
regulation 10
|
regulations 16(1), 16(3), 17(1), 17(2),
18(1), 24(1), 25(1), 26(1), 27(1), 28(1), 28(2), 28(3), 29(1), 30(1), 33(1),
34(1), 35(1), 36(1), 37(1), 37(2), 37(3), 37(4), 38(1), 41(1), 42(1), 43(1),
44(1), 44(2), 44(3), 45(1), 46(1), 49(1), 50(1), 51(1), 52(1), 52(2), 52(3),
53(1), 54(1), 57(3)
|
|
Somalia
|
The Somalia (Sanctions) (EU Exit)
Regulations 2020
|
2020/642
|
regulation 11
|
regulation 22(1), 23(1), 24(1), 25(1),
26(1), 26(2), 26(3), 27(1), 29(1), 30(1), 31(1), 32(1), 33(1), 33(2), 33(3),
34(1), 35(1), 36(1), 38(1), 39(1), 39(2), 40(1)
|
|
South Sudan
|
The South Sudan (Sanctions) (EU Exit)
Regulations 2019
|
2019/438
|
regulation 11
|
regulation 22(1), 23(1), 24(1), 25(1),
26(1), 26(2), 26(3), 27(1), 28(1)
|
|
Sudan
|
The Sudan (Sanctions) (EU Exit)
Regulations 2020
|
2020/753
|
regulation 11
|
regulation 22(1), 23(1), 24(1), 25(1),
26(1), 26(2), 26(3), 27(1), 28(1)
|
|
Syria 1
|
The Syria (Sanctions) (EU Exit)
Regulations 2019
|
2019/792
|
regulation 10
|
regulations 16(1), 16(3), 17(1), 18(1),
19(1), 19(2), 19(3), 20(1), 21(1), 21(2), 21(3), 30(1), 31(1), 32(1), 33(1), 34(1),
34(2), 34(3), 35(1), 37(1), 38(1), 38(2), 39(1), 40(1), 41(2), 42(3), 43(1), 44(1),
44(2), 44(3), 45(1), 45(2), 46(2), 46(3), 47(2), 47(3), 48(1), 51(1), 52(6), 53(2), 53(3)
|
|
Syria 2
|
The Syria (United Nations Sanctions)
(Cultural Property) (EU Exit) Regulations 2020
|
2020/1233
|
none
|
regulations 8(1), 9(1), 10(1), 11(1),
12(1)
|
|
Venezuela
|
The Venezuela (Sanctions) (EU Exit)
Regulations 2019
|
2019/135
|
regulation 10
|
regulations 23(1), 24(1), 25(1), 26(1),
27(1), 27(2), 27(3), 28(1), 29(1), 30(1)
|
|
Yemen
|
The
Yemen (Sanctions) (EU Exit) (No. 2) Regulations 2020
|
2020/1278
|
regulation
11
|
regulations
21(1), 22(1), 23(1), 24(1), 25(1), 25(2), 25(3), 26(1), 27(1)
|
|
Zimbabwe
|
The Zimbabwe (Sanctions) (EU Exit)
Regulations 2019
|
2019/604
|
regulation 10
|
regulations 22(1), 23(1), 24(1), 25(1),
26(1), 26(2), 26(3), 27(1), 28(1)
|
SCHEDULE 2
(Article 2(b))
General
Provisions
1 General modifications for effect in relation
to Jersey
(1) The
Minister has in Jersey any function given to a Secretary of State or to the
Treasury of the UK by a UK sanctions instrument.
(2) Nothing
in this Order or a UK sanctions instrument is to be read as conferring any
power on the Minister, or on any other person in Jersey, to make an enactment
or a designation.
(3) A
reference in a UK sanctions instrument to the UK or a part of the UK (however
expressed) is to be read as a reference to Jersey.
(4) A
reference in a UK sanctions instrument to the Isle of Man is to be disregarded
unless it is by way of a reference to all of the Crown Dependencies or to the
British Islands.
(5) Without
limiting the application of Article 45 of the Law to offences under this Order,
a UK sanctions instrument is to be read, for the purpose of its effect under
this Order, as if for any provision (other than in relation to an offence)
specifying the application of the UK sanctions instrument to the sea or outside
the UK there were substituted a provision applying the UK sanctions
instrument –
(a) to Jersey,
including –
(i) to the airspace and territorial waters of
Jersey,
(ii) to a person in Jersey,
and
(iii) to an act done in whole
or in part in Jersey; and
(b) outside Jersey –
(i) to an aircraft or vessel under the
jurisdiction of Jersey,
(ii) to a UK national, as
defined in Article 45 of the Law, who is ordinarily resident in Jersey, and
(iii) to a legal person
incorporated or constituted under the law of Jersey.
(6) In
relation to shipping and aviation, a reference in a UK sanctions instrument to
an office or officer in the UK is to be read as a reference to an office or
officer in Jersey that performs an equivalent function.
(7) Transitional
provisions in a UK sanctions instrument do not have effect.
2 General modifications in relation to
offences and related matters
(1) 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, a UK sanctions instrument is to be
treated as if it were a provision of the Law to the extent that it is given
effect by this Order.
(2) Sub-paragraph
(1) –
(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 a UK sanctions
instrument.
(3) To
the extent that a provision of a UK sanctions instrument creates an offence (a “UK
offence”) –
(a) the provision does not
have effect under Article 2 to create an offence in Jersey law, and any
provision relating to the prosecution of the UK offence does not have effect
under Article 2; but
(b) if the provision does not
express the UK offence as the contravention of an obligation or prohibition
contained in (rather than imposed by a person under) another provision, then
the provision creating the UK offence has effect under Article 2 for the
purpose of Article 4(1) as if it was a prohibition of an act that
constitutes the UK offence.
(4) To
the extent that a provision of a UK sanctions instrument
creates or relates to a defence to a UK offence, that provision does not have effect other than by virtue of a provision
of this Order that expressly relates to defences.
(5) A
provision of a UK sanctions instrument that relates to enforcement does not
have effect if there is a corresponding provision in the Law.
3 Exceptions for authorised acts outside
Jersey
(1) In this paragraph –
“Jersey prohibition” means –
(a) a prohibition in, or
given effect by, this Order; and
(b) a prohibition in Part 3
of the Law that applies, under Article 3 of this Order, in relation to a person
by virtue of that person’s designation;
“prohibition” includes an offence, and a reference to contravening
the prohibition includes committing the offence;
“relevant country” means –
(a) any jurisdiction within
the British Islands, other than Jersey; or
(b) a British overseas
territory.
(2) If an act in a relevant country would, in
the absence of this paragraph, contravene a Jersey prohibition, the Jersey
prohibition is not contravened if the act is authorised by a licence or other
authorisation that is granted –
(a) under the law of that
relevant country, in exercise of a power that corresponds to a power to grant a
licence under the Law or this Order; and
(b) for the purpose of
disapplying a prohibition in that relevant country that corresponds to the Jersey
prohibition.
(3) If an act that is neither in Jersey nor in
a relevant country would, in the absence of this paragraph, contravene a Jersey prohibition, the Jersey prohibition is not
contravened if the act is authorised by a licence or other authorisation that
is granted –
(a) under the Sanctions and
Anti-Money Laundering Act 2018 of the UK, in exercise of a power that
corresponds to a power to grant a licence under the Law or this Order; and
(b) for the purpose of
disapplying a prohibition in that Act that corresponds to the Jersey prohibition.
(4) Nothing in this
paragraph affects the application of a Jersey prohibition if it would be
incompatible with a UN sanctions resolution for the Jersey prohibition not to
apply.
4 Enforcement
in relation to ships in Jersey waters
If a provision of a UK sanctions instrument confers or relates to a
function falling within Article 7(5) of the Law, that provision does not have
effect under Article 2 to the extent that the function may be exercised
under Article 7(2) of the Law.
5 Application
to corresponding relevant financial institutions and trust company business
(1) Sub-paragraph (2)
applies to any obligation or prohibition that is imposed by a UK sanctions
instrument on a description of UK-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 or with another person, of a relevant service.
(2) The
obligation or prohibition, as it has effect in Jersey, applies to –
(a) a relevant
financial institution that provides a service corresponding to the relevant
service in respect of which the obligation or prohibition is imposed; and
(b) any other person carrying
on relevant trust company business.
(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[9], for which the
person is required by Article 7 of that Law to be a registered person;
(b) a person is a UK-defined
financial service provider if the person –
(i) has permission under Part 4A of the
Financial Services and Markets Act 2000 of the UK to carry on regulated
activities,
(ii) is otherwise a “relevant
firm”, or “UK credit or financial institution”, within the meaning of the UK
sanctions instrument, or
(iii) carries on any other
description of business specified in the UK sanctions instrument, being
business that would, if carried on in Jersey, be financial services business
within the meaning of the Proceeds of Crime (Jersey) Law 1999[10]; 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 a UK-defined financial service
provider.
(4) Sub-paragraph (5)
applies if the UK sanctions instrument –
(a) contains –
(i) a requirement to freeze the funds or
economic resources (within the meaning of that UK sanctions instrument) 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 UK-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 UK-defined financial service providers who do not carry on
business corresponding to trust company business within the meaning of the
Financial Services (Jersey) Law 1998[11].
(5) The
exception is to be read, as it has effect in Jersey, as applying to a person
falling within sub-paragraph (6) in addition to any relevant financial
institution to which it otherwise applies.
(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 a relevant
financial institution to which the exception would otherwise apply.
6 Information
If a provision of a UK
sanctions instrument requires or permits a person to provide information, or
prohibits a person from disclosing information, that provision does not have
effect under Article 2 to the extent that the provision –
(a) relates to disclosure of information to which Article 6 applies;
or
(b) is equivalent to any other provision of this Order or of Part 6
of the Law.
7 Immigration
(1) This
paragraph applies to a person who is designated by or under a UK sanctions
instrument for the purpose of a provision of that instrument that makes the
person an excluded person for the purposes of section 8B of the Immigration Act
1971 of the UK as that section has effect in the UK.
(2) A
person to whom this paragraph applies is to be treated as an excluded person
for the purposes of section 8B of the Immigration
Act 1971 of the UK, as extended to Jersey with modifications by the
Immigration (Jersey) Order 1993[12] and the Immigration
(Jersey) (Amendment) Order 2017[13].
(3) Section 8B
of the Immigration Act 1971 of the UK, as extended to Jersey with modifications
by the Immigration (Jersey) Order 1993 and the Immigration (Jersey)
(Amendment) Order 2017, is subject to any exception provided by or under the UK
sanctions instrument in relation to that section as it has effect in the UK.
SCHEDULE 3
(Article 2(c))
Special
Provisions
1 Democratic People’s Republic of Korea
(Sanctions) (EU Exit) Regulations 2019: designations, directions and shipping
legislation
In
relation to the Democratic People’s Republic of Korea (Sanctions) (EU Exit)
Regulations 2019 –
(a) for the purpose of column
4 of the table in Schedule 1 to this Order, regulations 5 and 10 are to be
treated as if they defined “designated person” as a person designated by or
under either of those regulations for the purposes of regulations 13 to 17;
(b) for the purpose of the
reference in column 5 of that table to regulation 65(1), the persons who commit
the offence in Article 4(1)(a) of contravening regulation 65(1) are the
operator and pilot in command of the aircraft; and
(c) for the purpose of regulation
75(7) the reference to section 284(1), (2), (2A), (2B), (3) and (8) of the
Merchant Shipping Act 1995 is to be read as to Article 177(1), (3) and (4)
of the Shipping (Jersey) Law 2002, with the references to section 284(2A)
corresponding to Article 177(3)(b) and section 284(1A)(a) to Article 177(2)(a).
2 Iraq (Sanctions) (EU Exit) Regulations
2020: modification of application of Part 3 of Law for partial asset-freeze
In relation to a
designated person as defined in regulation 6(1) of the Iraq (Sanctions) (EU
Exit) Regulations 2020, the effect of Article 3 of this Order is modified so
that for the purpose of the application of Part 3 of the Law –
(a) Article 10 of the Law
applies only in relation to relevant funds or economic resources, as defined by
regulation 8(4); and
(b) Articles 11 to 14 of the
Law apply do not apply.
3 Libya (Sanctions) (EU Exit) Regulations
2020: modification of application of Part 3 of Law for partial asset-freeze
In relation to a designated
person as defined in regulation 17 of the Libya (Sanctions) (EU Exit)
Regulations 2020, the effect of Article 3 of this Order is modified so
that for the purpose of the application of Part 3 of the Law –
(a) Article 10 of the Law
applies only in relation to relevant funds or economic resources, as defined by
regulation 18(4);
(b) Articles 11 and 12 of the
Law apply only in relation to relevant funds, as defined by regulation 19(4);
and
(c) Articles 13 and 14 of the
Law do not apply.
4 Russia (Sanctions) (EU Exit) Regulations
2019: Crimean ports direction
A Crimean ports direction,
given by the Secretary of State under regulation 57 of the Russia (Sanctions)
(EU Exit) Regulations 2019, has effect in Jersey as if it was given by the
Minister, and paragraph 1(1) of Schedule 2 does not apply to the power to make
that direction.
5 Syria (Sanctions) (EU Exit) Regulations
2019: aircraft offence
In column 5 of the table
in Schedule 1 to this Order, for the purpose of the reference to regulation 51(1)
of the Syria (Sanctions) (EU Exit) Regulations 2019, the persons who commit the
offence in Article 4(1)(a) of contravening regulation 51(1) are the
operator and pilot in command of the aircraft.