EU Legislation
(Sanctions – Republic of Maldives) (Jersey) Order 2018
Made 2nd August 2018
Coming into force 3rd
August 2018
THE MINISTER FOR EXTERNAL RELATIONS, in pursuance of Article 2 of the
European Union Legislation (Implementation) (Jersey) Law 2014[1], orders as follows –
1 Interpretation
In this Order –
“General Provisions Order”
means the EU Legislation (Sanctions) (General Provisions) (Jersey)
Order 2014[2];
“Regulation (EU) 2018/1001”
means Council Regulation (EU) 2018/1001 of 16 July 2018 concerning restrictive
measures in view of the situation in the Republic of Maldives (OJ L 180,
17.7.2018, p. 1)[3] (subject to Article 2).
2 Ambulatory
references to Annexes
A reference in Regulation (EU) 2018/1001 to an Annex 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) 2018/1001 is the relevant EU provision for the purpose of the general
provisions of the General Provisions Order, when those general provisions are
read as part of this Order.
4 Implementation
of Regulation (EU) 2018/1001
Regulation (EU) 2018/1001 has effect as if it were an
enactment –
(a) to
any extent that it does not otherwise have effect in Jersey; and
(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.
5 Offences
(1) A
person who contravenes Article 2 or 8 of Regulation (EU) 2018/1001,
as that Article has effect by virtue of Article 4 is guilty of an offence
and liable to imprisonment for a term of 7 years and to a fine.
(2) A
person who –
(a) intentionally
furnishes false information or a false explanation –
(i) to any person
exercising powers under Article 10 of the General Provisions Order as read
as part of this Order, or
(ii) in purported
compliance with Article 7(1) of Regulation (EU) 2018/1001, as
that Article has effect in Jersey by virtue of Article 4; or
(b) with
intent to evade a provision mentioned in paragraph (a)(i) or (a)(ii),
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.
(3) A
person is guilty of an offence, and liable to imprisonment for a term of one year
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 7(1)
of Regulation (EU) 2018/1001, as that Article has effect in Jersey by
virtue of Article 4.
(4) Paragraph (2)(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 the General Provisions Order.
6 Citation and commencement
This Order may be cited as
the EU Legislation (Sanctions – Republic of Maldives) (Jersey)
Order 2018 and shall come into force on the day after it is made.
Senator I.J. Gorst
Minister for External
Relations