EU Legislation
(Sanctions – Democratic Republic of the Congo) (Jersey) Order 2014
1 Interpretation
In this Order –
“General Provisions Order” means the EU Legislation (Sanctions)
(General Provisions) (Jersey) Order 2014;
“implemented Regulation” means Council Regulation (EC)
No 1183/2005;
“Council Regulation (EC) No 1183/2005” means 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), as amended[3] up to 20th July 2016
(subject to Article 2).[4]
2 Ambulatory
references to Annexes
A reference in the implemented Regulation to any of the Annexes 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.[5]
3 Application
of general provisions
(1) This Order is a
relevant special Order for the purpose of the General Provisions Order.
(2) The implemented
Regulation 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.[6]
(3) For the purpose of Article 14A
of the General Provisions Order, the UN financial sanctions resolution implemented
by Council Regulation (EC) No 1183/2005 is United Nations Security Council
Resolution 1807 (2008).[7]
4 Implemented
Regulation[8]
(1) The implemented
Regulation has effect as if it were an enactment –
(a) to
any extent that it does 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).[9]
(2) Paragraph (1) does
not apply to any extent that it is inconsistent with or repugnant to any
provision of the Democratic Republic of the Congo (United Nations Sanctions)
(Channel Islands) Order 2003 or the Democratic Republic of the Congo
(United Nations Sanctions) (Channel Islands) Order 2005, being a provision
that has effect for the time being in Jersey.
5 Offences
(1) A person
who –
(a) contravenes
Article 1a, 2, 6(1) or 7b of the implemented Regulation, 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.[10]
(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 5(2)
of Council Regulation (EC) No 1183/2005, 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 – Democratic
Republic of the Congo) (Jersey) Order 2014.