EU Legislation (Sanctions – Iraq) (Jersey) Order 2018

Made                                                                      1st November 2018

Coming into force                                                 2nd November 2018

THE MINISTER FOR EXTERNAL RELATIONS makes this Order under Article 2 of the European Union Legislation (Implementation) (Jersey) Law 2014[1] –

1        Interpretation

In this Order –

“General Provisions Order” means the EU Legislation (Sanctions) (General Provisions) (Jersey) Order 2014[2];

“Regulation (EC) No 1210/2003” means Council Regulation (EC) No 1210/2003 of 7 July 2003 (OJ L 169, 8.7.2003, p. 6) concerning certain specific restrictions on economic and financial relations with Iraq and repealing Regulation (EC) No 2465/96, as amended up to 6th October 2018 (subject to Article 2).

2        Ambulatory references to Annexes

A reference in Regulation (EC) No 1210/2003 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 (EC) No 1210/2003 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.

(3)     For the purpose of Article 14A of the General Provisions Order, the UN financial sanctions resolutions implemented by Regulation (EC) No 1210/2003 are United Nations Security Council resolutions 661 (1990), 986 (1995), 1483 (2003) and 1518 (2003).

4        Implementation of Regulation (EC) No 1210/2003

(1)     Regulation (EC) No 1210/2003 has effect as if it were an enactment –

(a)     to any extent that it does not otherwise have effect in Jersey;

(b)     subject to paragraph (2); and

(c)     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.

(2)     Paragraph (1) does not apply to any extent that it is inconsistent with or repugnant to a provision of any of the following Orders in Council, if that provision has effect for the time being in the law of Jersey –

(a)     the Iraq (United Nations Sanctions) (Channel Islands) Order 2000[3];

(b)     the Iraq (United Nations Sanctions) (Channel Islands) Order 2003[4];

(c)     the Iraq (United Nations Sanctions) (Channel Islands) (Amendment) Order 2004[5].

5        Offences

(1)     A person who contravenes any of Articles 3(1), 4 and 7(1) of Regulation (EC) No 1210/2003, as those Articles have effect by virtue of Article 4, commits an offence and is liable to imprisonment for a term of 7 years and to a fine.

(2)     A person commits an offence, and is liable to imprisonment for a term of 2 years and to a fine, if that person –

(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(2) or 8(1) of Regulation (EC) No 1210/2003, as that Article has effect 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.

(3)     A person commits an offence, and is 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(2) or 8(1) of Regulation (EC) No 1210/2003, as those Articles have effect by virtue of Article 4.

(4)     Paragraph (1) 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 – Iraq) (Jersey) Order 2018 and comes into force on the day after it is made.

senator i.j. gorst

Minister for External Relations

 


 



[1]                                    chapter 17.245

[2]                                    chapter 17.245.01

[3]                                    chapter 17.910.32

[4]                                    chapter 17.540

[5]                                    chapter 17.910.34


Page Last Updated: 12 Nov 2018