EU Legislation (Sanctions – South Sudan) (Jersey) Order 2015

Revised Edition

17.245.30

Showing the law as at 1 January 2019

This is a revised edition of the law




EU Legislation (Sanctions – South Sudan) (Jersey) Order 2015

THE MINISTER FOR EXTERNAL RELATIONS, in pursuance of Article 2 of the European Union Legislation (Implementation) (Jersey) Law 2014[1], orders as follows –

Commencement [see endnotes]

1        Interpretation

In this Order –

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

“Regulation (EU) 2015/735” means 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 117/13, 8.5.2015), as amended up to 13th August 2018 (subject to Article 2).[3]

2        Ambulatory references to Annexes[4]

A reference in Regulation (EU) 2015/735 to any of the Annexes to that Regulation is to be read as a reference to such Annex as amended, substituted, extended or applied from time to time by any other EU provision, or as such 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) 2015/735 is the relevant EU provision for the purpose of the general provisions of the General Provisions Order, when those provisions are read as part of this Order.[5]

(3)     For the purpose of Article 14A of the General Provisions Order, the UN financial sanctions resolutions implemented by Regulation (EU) 2015/735 are United Nations Security Council Resolutions 2206 (2015) and 2428 (2018).[6]

4        Implementation of Regulation (EU) 2015/735[7]

Regulation (EU) 2015/735 has effect as if it were an enactment –

(a)     to any extent that Regulation (EU) 2015/735 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.[8]

5        Offences

(1)     A person who –

(a)     contravenes Article 2, 5 or 15 of Regulation (EU) 2015/735, as that Article has effect in Jersey by virtue of Article 4;

(b)     intentionally furnishes false information or a false explanation to any person exercising powers under Article 10 of the General Provisions Order as read as part of this Order; or

(c)     with intent to evade the provisions of Article 10 of the General Provisions Order as read as part of this Order, 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.[9]

(2)     A person is guilty of an offence, and liable to imprisonment for a term of 3 months 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 14 of Regulation (EU) 2015/735, as that Article has effect in Jersey by virtue of Article 4.[10]

(3)     Paragraph (1)(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 that Order.

6        Citation

This Order may be cited as the EU Legislation (Sanctions – South Sudan) (Jersey) Order 2015.

 


Endnotes

Table of Legislation History

Legislation

Year and No

Commencement

EU Legislation (Sanctions – South Sudan) (Jersey) Order 2015

R&O.3/2015

16 January 2015

EU Legislation (Sanctions – South Sudan) (Amendment) (Jersey) Order 2015

R&O.54/2015

14 May 2015

EU Legislation (Sanctions) (Miscellaneous Amendments – United Nations) (Jersey) Order 2017

R&O.52/2017

4 May 2017

EU Legislation (Sanctions – South Sudan) (Amendment No. 2) (Jersey) Order 2018

R&O.87/2018

25 August 2018

Table of Renumbered Provisions

Original

Current

None

 

Table of Endnote References



[1]                                    chapter 17.245

[2]                                    chapter 17.245.01

[3] Article 1                    amended by R&O.54/2015, R&O.87/2018

[4] Article 2                    substituted by R&O.54/2015

[5] Article 3(2)              amended by R&O.54/2015

[6] Article 3(3)              inserted by R&O.52/2017, amended by R&O.87/2018

[7] Article 4                    heading amended by R&O.54/2015

[8] Article 4                    amended by R&O.54/2015

[9] Article 5(1)              amended by R&O.54/2015

[10] Article 5(2)             amended by R&O.54/2015


Page Last Updated: 01 May 2019