EU Legislation
(Sanctions – ISIL (Da’esh) and Al-Qaida) (Jersey) Order 2016
1 Interpretation
In this Order –
“General Provisions Order” means the EU Legislation
(Sanctions) (General Provisions) (Jersey) Order 2014;
“implemented Regulations” means Regulation (EC) No 881/2002
and Regulation (EU) 2016/1686;
“Regulation (EC) No 881/2002”
means –
(a) in
Articles 2, 3 and 4, 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), as
amended[1] up to 16th
March 2016 (subject to Article 2); and
(b) in
Article 5, the provisions of that Regulation as they have effect in Jersey
by virtue of Article 4;
“Regulation (EU) 2016/1686” means –
(a) in
Articles 2, 3 and 4, 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) (subject to Article 2); and
(b) in
Article 5, the provisions of that Regulation as they have effect in Jersey
by virtue of Article 4.[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]
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 provisions are read as
part of this Order.[4]
4 Implementation
of Regulation (EC) No 881/2002 and Regulation (EU) 2016/1686[5]
(1) Regulation (EC) No 881/2002
and Regulation (EU) 2016/1686 have effect as if they were enactments, subject
to paragraph (2).[6]
(2) Paragraph (1) –
(a) does
not apply to any extent that it is inconsistent with or repugnant to any
provision of the Al-Qa’ida and Taliban (United Nations Measures) (Channel
Islands) Order 2002, being a provision that has effect for the time being
in the law of Jersey;
(b) applies,
subject to sub-paragraph (a), to any extent that the implemented
Regulations do not otherwise have effect in Jersey; and
(c) is
subject to the modifications made, by the general provisions that are to be
read as part of the relevant special Order by virtue of Article 3 and the General
Provisions Order, to the effect in Jersey of the implemented Regulations.[7]
5 Offences
(1) A person
who –
(a) contravenes
Article 2(1), 2(2), 3 or 4(1) of Regulation (EC) No 881/2002;
(aa) contravenes
Article 2, 9, 11(1) or 13 of Regulation (EU) 2016/1686;
(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 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.[8]
(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 4(2)
or 5(1) of Regulation (EC) No 881/2002;
(c) Article 8,
10(1) or 11(2) of Regulation (EU) 2016/1686.[9]
6 Citation
This Order may be cited as the EU Legislation (Sanctions –
ISIL (Da’esh) and Al-Qaida) (Jersey) Order 2016.