
Sanctions
and Asset-Freezing (Implementation of EU Regulations) (Jersey) Order 2020
Made 8th October 2020
Coming into
force 22nd October 2020
THE MINISTER FOR EXTERNAL RELATIONS makes this Order under Articles 3
and 4 of the Sanctions and Asset-Freezing (Jersey) Law 2019[1] –
1 Interpretation
(1) In this Order –
“EU sanctions Regulation”
means an EU provision specified in column 2 of the table in Schedule 1;
“Law” means the Sanctions and
Asset-Freezing (Jersey) Law 2019[2].
(2) A reference in Schedule 1 to an EU provision
is to that provision –
(a) as it is amended,
substituted, extended or applied from time to time by any other EU provision;
and
(b) as it otherwise has
effect in the EU from time to time by virtue of any judgment of the European
Court.
2 Effect given to EU sanctions
Regulations subject to modifications
An EU sanctions Regulation has effect as if it was an
enactment –
(a) to any extent that it
does not otherwise have effect in Jersey;
(b) subject to Article 3
and to the modifications made by the general provisions contained in Schedule 2;
and
(c) subject to the limitation
that it does not have effect to any extent that it is inconsistent with or
repugnant to any provision of an Order in Council made under the United Nations
Act 1946 of the UK, being a provision that has effect for the time being
in the law of Jersey.
3 Asset-freeze:
designation and licensing
(1) A person is a designated person for the
purpose of Part 3 of the Law if the person is listed in a provision specified
in column 4 of the table in Schedule 1, subject
to any limitation expressed in that column.
(2) If a person, who is listed in an EU
sanctions Regulation, is a designated person under paragraph (1), then in
relation to that person –
(a) each provision of that
Regulation that is an asset-freeze does not have effect, and Part 3 of the
Law applies accordingly in place of that provision; and
(b) any provision of that Regulation
that is a derogation from the asset-freeze has effect solely in relation to the
granting of a licence under Article 16 of the Law.
(3) For the purpose of paragraph (2), an
asset-freeze is a prohibition imposed, against the person, for a purpose falling
within Article 3(6) of the Law.
4 Offences: contravention
of certain implemented provisions
(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 in Jersey under Article 2; or
(b) intentionally participates
in activities knowing that the object or effect of them 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 as competent authority under paragraph 1(1) of
Schedule 2; or
(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].
5 Offences:
customs-related provisions
(1) If an EU sanctions Regulation 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) an EU
sanctions Regulation includes a customs-related offence provision if –
(i) the EU sanctions Regulation 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).
6 Repeal of previous
sanctions Orders
The Orders listed in Schedule 3 are repealed.
7 Citation and
commencement
This Order may be cited as the Sanctions and Asset-Freezing
(Implementation of EU Regulations) (Jersey) Order 2020 and comes into force 14 days
after it is made.
Senator I.J. Gorst
Minister for External Relations
SCHEDULE 1
(Articles 1, 3 and 4)
EU Sanctions Regulations implemented
|
|
|
|
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Afghanistan
|
Council Regulation (EU) No 753/2011
of 1 August 2011 concerning restrictive measures directed against certain
individuals, groups, undertakings and entities in view of the situation in
Afghanistan
|
OJ L 199, 2.8.2011, p. 1
|
Annex I
|
Article 2
|
Belarus
|
Council Regulation (EC) No 765/2006
of 18 May 2006 concerning restrictive measures in respect of Belarus
|
OJ L 134, 20.5.2006, p. 1
|
Annex I
|
Articles 1a and 1b
|
Burundi
|
Council Regulation (EU) 2015/1755 of 1
October 2015 concerning restrictive measures in view of the situation in
Burundi
|
OJ L 257, 2.10.2015, p. 1
|
Annex I
|
Article 10
|
Central African Republic
|
Council Regulation (EU) No 224/2014
of 10 March 2014 concerning restrictive measures in view of the situation in
the Central African Republic
|
OJ L 70, 11.3.2014, p. 1
|
Annex I
|
Articles 2 and 14
|
Chemical weapons
|
Council Regulation (EU) 2018/1542 of 15
October 2018 concerning restrictive measures against the proliferation and
use of chemical weapons
|
OJ L 259, 16.10.2018, p. 12
|
Annex I
|
Article 10
|
Congo, DR
|
Council Regulation (EC) No 1183/2005
of 18 July 2005 imposing certain specific restrictive measures directed
against persons acting in violation of the arms embargo with regard to the
Democratic Republic of the Congo
|
OJ L 193, 23.7.2005, p. 1
|
Annex I,
Annex Ia
|
Articles 1a and 7a
|
Cyber-attacks
|
Council
Regulation (EU) 2019/796 of 17 May 2019 concerning restrictive measures
against cyber-attacks threatening the Union or its Member States
|
OJ
L 129 I, 17.5.2019, p. 1
|
Annex
I
|
Article
11
|
Egypt
|
Council Regulation (EU) No 270/2011
of 21 March 2011 concerning restrictive measures directed against certain
persons, entities and bodies in view of the situation in Egypt
|
OJ L 76, 22.3.2011, p. 4
|
Annex I
|
None
|
Guinea
|
Council Regulation (EU) No 1284/2009
of 22 December 2009 imposing certain specific restrictive measures in respect
of the Republic of Guinea
|
OJ L 346, 23.12.2009, p. 26
|
Annex II
|
None
|
Guinea-Bissau
|
Council Regulation (EU) No 377/2012
of 3 May 2012 concerning restrictive measures directed against certain
persons, entities and bodies threatening the peace, security or stability of
the Republic of Guinea-Bissau
|
OJ L 119, 4.5.2012, p. 1
|
Annex I
|
None
|
Haiti
|
Council Regulation (EC) No 1264/94 of
30 May 1994 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)
|
OJ L 139, 2.6.1994, p. 4
|
None
|
Article 2
|
Iran 1
|
Council Regulation (EU) No 359/2011
of 12 April 2011 concerning restrictive measures directed against certain
persons, entities and bodies in view of the situation in Iran
|
OJ L 100, 14.4.2011, p. 1
|
Annex I
|
Articles 1a, 1b and 1c
|
Iran 2
|
Council Regulation (EU) No 267/2012
of 23 March 2012 concerning restrictive measures against Iran and repealing
Regulation (EU) No 961/2010
|
OJ L 88, 24.3.2012, p. 1
|
Annex VIII,
Annex IX,
Annex XIII,
Annex XIV
|
2a, 3a, 4a, 4b, 4c, 5, 10d, 15a, 23a(4), 36,
37 and 38
|
Iraq
|
Council Regulation (EC) No 1210/2003
of 7 July 2003 concerning certain specific restrictions on economic and
financial relations with Iraq and repealing Regulation (EC) No 2465/96
|
OJ L 169, 8.7.2003, p. 6
|
Annex III subject to Article 4,
Annex IV
|
Articles 2 and 3
|
ISIL (Da’esh) & Al-Qaida 1
|
Council Regulation (EC) No 881/2002
of 27 May 2002 imposing certain specific restrictive measures directed
against certain persons and entities associated with the ISIL (Da’esh) and
Al-Qaida organisations
|
OJ L 139, 29.5.2002, p. 9
|
Annex I,
Annex Ia
|
Article 3
|
ISIL (Da’esh) & Al-Qaida 2
|
Council Regulation (EU) 2016/1686 of 20
September 2016 imposing additional restrictive measures directed against ISIL
(Da’esh) and Al-Qaeda and natural and legal persons, entities or bodies
associated with them
|
OJ L 255, 21.9.2016, p. 1
|
Annex I
|
Articles 9 and 13
|
Lebanon 1
|
Council Regulation (EC) No 305/2006
of 21 February 2006 imposing specific restrictive measures against certain
persons suspected of involvement in the assassination of former Lebanese
Prime Minister Rafiq Hariri
|
OJ L 51, 22.2.2006, p. 1
|
Annex I
|
None
|
Lebanon 2
|
Council Regulation (EC) No 1412/2006 of
25 September 2006 concerning certain restrictive measures in respect of
Lebanon
|
OJ L 267, 27.9.2006, p. 2
|
None
|
Article 2
|
Libya
|
Council Regulation (EU) 2016/44 of 18
January 2016 concerning restrictive measures in view of the situation in
Libya and repealing Regulation (EU) No 204/2011
|
OJ L 12, 19.1.2016, p. 1
|
Annex II,
Annex III,
Annex VI subject to Article 5(4)
|
Articles 2, 2a, 3, 4, 15 and 17
|
Mali
|
Council Regulation (EU) 2017/1770 of 28 September
2017 concerning restrictive measures in view of the situation in Mali
|
OJ L 251, 29.9.2017, p. 1
|
Annex I
|
Article 10
|
Myanmar (Burma)
|
Council Regulation (EU) No 401/2013
of 2 May 2013 concerning restrictive measures in respect of Myanmar/Burma and
repealing Regulation (EC) No 194/2008
|
OJ L 121, 3.5.2013, p. 1
|
Annex IV
|
Articles 2, 3, 3a, 3b, 3c and 4h
|
Nicaragua
|
Council Regulation (EU) 2019/1716 of 14
October 2019 concerning restrictive measures in view of the situation in
Nicaragua
|
OJ L 262, 15.10.2019, p. 1
|
Annex I
|
Article 11
|
North Korea
|
Council Regulation (EU) 2017/1509 of 30
August 2017 concerning restrictive measures against the Democratic People’s
Republic of Korea and repealing Regulation (EC) No 329/2007
|
OJ L 224, 31.8.2017, p. 1
|
Annex XIII,
Annex XV,
Annex XVI,
Annex XVII
|
Articles 3, 5, 7, 9, 10, 11, 12, 13, 15,
16a, 16b, 16c, 16d, 16f, 16h, 16j, 16k, 16l, 16m, 16n, 16p, 17, 18, 20, 21, 24,
26, 28, 30, 31, 32, 38(4), 39, 41, 43, 44a and 53
|
Russia
|
Council Regulation (EU) No 833/2014
of 31 July 2014 concerning restrictive measures in view of Russia’s actions
destabilising the situation in Ukraine
|
OJ L 229, 31.7.2014, p. 1
|
None
|
Articles 2, 2a, 3, 3a, 4, 5 and 11
|
Serbia & Montenegro
|
Council Regulation (EC) No 1733/94 of
11 July 1994 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
|
OJ L 182, 16.7.1994, p. 1
|
None
|
Article 2
|
Somalia 1
|
Council Regulation (EC) No 147/2003
of 27 January 2003 concerning certain restrictive measures in respect of
Somalia
|
OJ L 24, 29.1.2003, p. 2
|
None
|
Articles 1, 2, 3a, 3b and 3c
|
Somalia 2
|
Council Regulation (EU) No 356/2010
of 26 April 2010 imposing certain specific restrictive measures directed
against certain natural or legal persons, entities or bodies, in view of the
situation in Somalia
|
OJ L 105, 27.4.2010, p. 1
|
Annex I
|
Article 8
|
South Sudan
|
Council Regulation (EU) 2015/735 of 7 May
2015 concerning restrictive measures in respect of the situation in South
Sudan, and repealing Regulation (EU) No 748/2014
|
OJ L 117, 8.5.2015, p. 13
|
Annex I,
Annex II
|
Articles 2 and 17
|
Sudan
|
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
|
Annex I
|
Articles 2 and 12
|
Syria
|
Council Regulation (EU) No 36/2012 of
18 January 2012 concerning restrictive measures in view of the situation in
Syria and repealing Regulation (EU) No 442/2011
|
OJ L 16, 19.1.2012, p. 1
|
Annex II,
Annex IIa
|
Articles 2a, 2b, 2c, 3, 3a, 4, 5, 6, 7a,
8, 9, 11, 11a, 11b, 11c, 12, 13, 24, 25, 26, 26a and 27
|
Tunisia
|
Council Regulation (EU) No 101/2011
of 4 February 2011 concerning restrictive measures directed against certain
persons, entities and bodies in view of the situation in Tunisia
|
OJ L 31, 5.2.2011, p. 1
|
Annex I
|
None
|
Turkey
|
Council Regulation (EU) 2019/1890 of 11
November 2019 concerning restrictive measures in view of Turkey’s
unauthorised drilling activities in the Eastern Mediterranean
|
OJ L 291, 12.11.2019, p. 3
|
Annex I
|
Article 10
|
Ukraine 1
|
Council Regulation (EU) No 208/2014
of 5 March 2014 concerning restrictive measures directed against certain
persons, entities and bodies in view of the situation in Ukraine
|
OJ L 66, 6.3.2014, p. 1
|
Annex I
|
Article 11
|
Ukraine 2
|
Council Regulation (EU) No 269/2014
of 17 March 2014 concerning restrictive measures in respect of actions
undermining or threatening the territorial integrity, sovereignty and
independence of Ukraine
|
OJ L 78, 17.3.2014, p. 6
|
Annex I
|
Article 11
|
Ukraine 3
|
Council Regulation (EU) No 692/2014
of 23 June 2014 concerning restrictive measures in response to the illegal
annexation of Crimea and Sevastopol
|
OJ L 183, 24.6.2014, p. 9
|
None
|
Articles 2, 2a, 2b, 2c, 2d and 6
|
Venezuela
|
Council Regulation (EU) 2017/2063 of 13
November 2017 concerning restrictive measures in view of the situation in
Venezuela
|
OJ L 295, 14.11.2017, p. 21
|
Annex IV,
Annex V
|
Articles 2, 3, 6, 7 and 15
|
Yemen
|
Council Regulation (EU) No 1352/2014
of 18 December 2014 concerning restrictive measures in view of the situation
in Yemen
|
OJ L 365, 19.12.2014, p. 60
|
Annex I
|
Articles 1a and 12
|
Zimbabwe
|
Council Regulation (EC) No 314/2004
of 19 February 2004 concerning certain restrictive measures in respect of
Zimbabwe
|
OJ L 55, 24.2.2004, p. 1
|
Annex III subject to Article 6(4)
|
Articles 2 and 3
|
SCHEDULE 2
(Article 2)
General
Provisions
1 Application in relation to Jersey
(1) The Minister is the competent authority for
Jersey in relation to an EU sanctions Regulation.
(2) A reference in an EU sanctions Regulation to
member States or the EU (however expressed) is to be read as including Jersey.
(3) An EU sanctions Regulation is to be read in
its application to Jersey as if, for any provision specifying the scope of the
application of the EU sanctions Regulation in relation to the EU, there were
substituted a provision applying the EU sanctions Regulation –
(a) to Jersey, including its
airspace;
(b) on board any aircraft or
any vessel under the jurisdiction of Jersey;
(c) to any legal person,
entity or body which is incorporated or constituted under the law of Jersey;
(d) to any legal person,
entity or body in respect of any business done in whole or in part in Jersey.
(4) 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, an EU sanctions Regulation is to be treated as if it were a provision
of the Law.
(5) Sub-paragraph (4) –
(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 an EU sanctions Regulation.
2 Construction
of references to include UK, Guernsey and Isle of Man
(1) A reference in an EU sanctions Regulation
to member States or the EU (however expressed) is to be construed as including
the UK, Guernsey and the Isle of Man.
(2) A reference in an EU sanctions Regulation
to the competent authorities is to be construed as including –
(a) the person in the UK who
for the purposes of the law of any of the jurisdictions of the UK is to be
treated as a competent authority in so far as that EU sanctions Regulation is
implemented in that jurisdiction;
(b) the person in Guernsey
who for the purposes of the law of Guernsey is to be treated as a competent
authority in so far as that EU sanctions Regulation is implemented in Guernsey;
and
(c) the person in the Isle of
Man who for the purposes of the law of the Isle of Man is to be treated as a
competent authority in so far as that EU sanctions Regulation is implemented in
the Isle of Man.
3 Disapplication
of duty to supply information to EU
An EU sanctions Regulation does not have effect in so far as it
would otherwise impose a duty on the Minister to supply any information to
another competent authority, to a member State or to the European Commission.
4 Application
of provisions to relevant financial institutions
(1) Sub-paragraph (2) applies to any
obligation or prohibition that is imposed by an EU sanctions Regulation on an
EU-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 another person, of a relevant service.
(2) The obligation or prohibition applies to a
person carrying on relevant trust company business as it applies to the
EU-defined financial service provider.
(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[5], for which the person is required by Article 7 of that Law to be a
registered person;
(b) a person is an EU-defined
financial service provider if the person –
(i) is a credit institution or a financial
institution, within the meaning of the EU sanctions Regulation, or
(ii) carries on any other
description of business specified in the EU sanctions Regulation, being
business that would, if carried on in Jersey, be financial services business
within the meaning of the Proceeds of Crime (Jersey) Law 1999[6]; 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 an EU-defined financial service
provider.
(4) Sub-paragraph (5) applies if the EU
sanctions Regulation –
(a) contains –
(i) a requirement to freeze the funds or
economic resources (within the meaning of that EU sanctions Regulation) 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 EU-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 EU-defined financial service providers.
(5) The exception is to be read as applying
also to a person falling within sub-paragraph (6), as it applies to an
EU-defined financial service provider.
(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[7];
(b) carries on trust company
business within the meaning of that Law; and
(c) is not an EU-defined
financial service provider.
SCHEDULE 3
(Article 5)
Repealed
Orders
Sanctions and Asset-Freezing
(General Provisions) (Jersey) Order 2019[8]
EU Legislation (Sanctions – Afghanistan)
(Jersey) Order 2014[9]
EU Legislation (Sanctions –
Belarus) (Jersey) Order 2015[10]
EU Legislation (Sanctions –
Burundi) (Jersey) Order 2015[11]
EU Legislation (Sanctions –
Central African Republic) (Jersey) Order 2014[12]
EU Legislation (Sanctions –
Chemical Weapons) (Jersey) Order 2018[13]
EU Legislation (Sanctions –
Democratic Republic of the Congo) (Jersey) Order 2014[14]
EU Legislation (Sanctions –
Cyber-Attacks) (Jersey) Order 2019[15]
EU Legislation (Sanctions – Egypt)
(Jersey) Order 2017[16]
EU Legislation (Sanctions –
Guinea) (Jersey) Order 2019[17]
EU Legislation (Sanctions –
Guinea-Bissau) (Jersey) Order 2019[18]
EU Legislation (Sanctions – Iran)
(Jersey) Order 2015[19]
EU Legislation (Sanctions – Iraq)
(Jersey) Order 2018[20]
EU Legislation (Sanctions – ISIL
(Da’esh) and Al-Qaida) (Jersey) Order 2016[21]
Community Provisions (Restrictive
Measures – Lebanon) (Jersey) Order 2007[22]
EU Legislation (Sanctions – Libya)
(Jersey) Order 2014[23]
EU Legislation (Sanctions – Mali)
(Jersey) Order 2017[24]
EU Legislation (Sanctions –
Myanmar/Burma) (Jersey) Order 2018[25]
Sanctions and Asset-Freezing
(Nicaragua) (Jersey) Order 2019[26]
EU Legislation (Sanctions – North
Korea) (Jersey) Order 2017[27]
EU Legislation (Sanctions –
Russia) (Jersey) Order 2014[28]
EU Legislation (Sanctions –
Somalia) (Jersey) Order 2014[29]
EU Legislation (Sanctions – South
Sudan) (Jersey) Order 2015[30]
EU Legislation (Sanctions – Sudan)
(Jersey) Order 2015[31]
EU Legislation (Sanctions – Syria)
(Jersey) Order 2014[32]
EU Legislation (Sanctions –
Tunisia) (Jersey) Order 2015[33]
Sanctions and Asset-Freezing
(Turkey) (Jersey) Order 2019[34]
EU Legislation (Sanctions –
Ukraine) (Jersey) Order 2014[35]
EU Legislation (Sanctions –
Venezuela) (Jersey) Order 2017[36]
EU Legislation (Sanctions – Yemen)
(Jersey) Order 2014[37]
EU Legislation (Sanctions –
Zimbabwe) (Jersey) Order 2015[38]