Sanctions
and Asset-Freezing (Amendment – Automatic Implementation of UK Sanctions on
Russia) (Jersey) Order 2022
Made 22nd September 2022
Coming into
force 29th September 2022
1 Amendments to Sanctions and
Asset-Freezing (Implementation of External Sanctions) (Jersey) Order 2021
This Order amends the Sanctions and
Asset-Freezing (Implementation of External Sanctions) (Jersey) Order 2021.
2 Article 4 (offences of
contravention of certain implemented provisions other than asset-freezes)
amended
In Article 4 –
(a) in paragraph (1)(a) for “specified”
there is substituted “described or specified”;
(b) for paragraph (2)(c)
there is substituted –
“(c) to the extent that the act –
3 Article 5 (licences in
relation to implemented provisions other than asset-freezes) amended
In Article 5 –
(a) in paragraph (2) for “Articles
16(3), (4), (5) and 33(4) of the Law” there is substituted “Articles 16(3), (3A), (4), (5) and 33(4) of the Law”;
(b) for paragraph (3)(b)
there is substituted –
“(b) the power of the Minister, in deciding
whether to grant a general licence or a licence for a particular person or category
of persons, is not limited by whether any equivalent licence under the UK
sanctions instrument was granted as a general licence or as a licence for a
particular person or category of persons.”;
(c) in paragraph (5)(a) for “of
a licence granted under this Article” there is substituted “of a licence granted
under this Article or of a general licence given effect
by paragraph 4(2) of Schedule 3”.
4 Schedule 1 (UK
sanctions instruments implemented) amended
In the table in Schedule
1, for the entry in column 5 in the row labelled “Russia” there is substituted
“A provision falling within paragraph 4(1)(aa) of Schedule 3 to this
Order”.
5 Schedule 3 (special
provisions) amended
In paragraph 4 of Schedule 3 –
(a) in the heading to the
paragraph, for “shipping and aircraft” there is substituted “shipping and
aircraft, and general licences not relating to asset-freezes”;
(b) the existing text is
renumbered as sub-paragraph (1);
(c) in the opening words of
the renumbered sub-paragraph (1), after “In relation to the Russia
(Sanctions) (EU Exit) Regulations 2019”, there is inserted “(the “UK Russia Regulations”)”;
(d) after clause (a) of the
renumbered sub-paragraph (1) there is inserted –
(e) after the renumbered
sub-paragraph (1) there is inserted –
(a) is granted under the UK
Russia Regulations; and
(b) does not solely relate
to any or all of regulations 11 to 15 of the UK Russia Regulations.
(3) If a UK general
licence, that has effect under paragraph (2), is subject in the UK to a condition
imposed under the UK Russia Regulations, that condition has effect in Jersey in
the same manner as a condition imposed by the Minister on a general licence
under Article 5(2) of this Order and Article 16(3)(c) of the Law.
(4) Sub-paragraphs (2) and
(3) apply –
(a) subject to any
modification necessary for the licence or condition to have effect in Jersey;
(b) only in relation to an
act that would otherwise constitute an offence under Article 4;
(c) despite Article 3(3A),
Article 5(2) and paragraph 1(1) of Schedule 2; and
(d) except to the extent
that the Minister –
(i) grants a general licence under Article 5
in which a provision of the UK general licence is expressly modified or
disapplied, or
(ii) publicises a notice that disapplies the UK
general licence, by taking steps equivalent to those required by Article 16(5)(b)
of the Law for revocation of a general licence granted by the Minister.”.
6 Citation
and commencement
This Order may be cited as the Sanctions and Asset-Freezing
(Amendment – Automatic Implementation of UK Sanctions on Russia) (Jersey) Order
2022 and comes into force 7 days after it is made.
Deputy P.F.C. Ozouf of St.
Saviour
Minister for External Relations and Financial Services