EU Legislation
(Sanctions – Myanmar/Burma) (Jersey) Order 2018
1 Interpretation
In this Order –
“General Provisions Order” means the EU Legislation
(Sanctions) (General Provisions) (Jersey) Order 2014;
“Regulation (EU) No 401/2013” means Council
Regulation (EU) No 401/2013 of 2 May 2013 (OJ L 121,
3.5.2013, p. 1) concerning restrictive measures in respect of
Myanmar/Burma and repealing Regulation (EC) No 194/2008, as amended up to up
to 27th April 2018 (subject to Article 2).
2 Ambulatory
references to Annexes
A reference in Regulation (EU) No 401/2013 to an Annex 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.
3 Application
of general provisions
(1) This Order is a
relevant special Order for the purpose of the General Provisions Order.
(2) Regulation (EU)
No 401/2013 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.
4 Implementation
of Regulation (EU) No 401/2013
Regulation (EU) No 401/2013 has effect as if it were an
enactment –
(a) to any extent that it
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.
5 Offences
(1) A person
who –
(a) contravenes
Article 2, 3, 3a, 3b, 3c, 4a or 4g of Regulation (EU) No 401/2013, 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.
(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 4e
of Regulation (EU) No 401/2013, as that Article has effect in Jersey by virtue
of Article 4.
(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 – Myanmar/Burma) (Jersey) Order 2018.