EU Legislation
(Sanctions – Somalia) (Jersey) Order 2014
1 Interpretation[1]
In this Order –
“General Provisions Order” means the EU Legislation (Sanctions)
(General Provisions) (Jersey) Order 2014;
“implemented Regulations” means Regulation (EC) No 147/2003
and Regulation (EU) No 356/2010;
“Regulation (EC) No 147/2003” means 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), as
amended[2] up to 2nd December 2014 (subject
to Article 2);
“Regulation (EU) No 356/2010” means 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), as amended[3] up to 11th December 2018
(subject to Article 2).
2 Ambulatory
references to Annexes
A reference in the implemented Regulations to any of the Annexes to
those Regulations 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) The implemented
Regulations are the relevant EU provisions 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 resolution
implemented by Regulation (EU) No 356/2010 is United Nations Security
Council Resolution 1844 (2008).[4]
4 Implementation
of Regulation (EC)
No 147/2003 and Regulation (EU) No 356/2010
(1) Regulation (EC)
No 147/2003 and Regulation (EU) No 356/2010 have effect as if they were
enactments –
(a) to
any extent that the implemented Regulations do not otherwise have effect in
Jersey;
(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; and
(c) subject
to paragraph (2).
(2) Paragraph (1) does
not apply to any extent that it is inconsistent with or repugnant to any
provision of the Somalia (United Nations Sanctions) (Channel Islands)
Order 2002, being a provision that has effect for the time being in Jersey.
5 Offences
(1) A person
who –
(a) contravenes
Article 1, 2, 3a or 3b of Regulation (EC) No 147/2003, as that
Article has effect in Jersey by virtue of Article 4;
(b) contravenes
Article 2(1), 2(2), 2(4), or 8 of Regulation (EU) No 356/2010, as
that Article has effect in Jersey by virtue of Article 4;
(c) 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
(d) with
intent to evade the provisions of that Article, 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.
(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 3(2)
or 9(1) of Regulation (EU) No 356/2010, as that Article has effect in
Jersey by virtue of Article 4.
(3) Paragraphs (1)(a)
and (b) do 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 – Somalia) (Jersey) Order 2014.