Afghanistan

Purpose of the Sanctions Regime

This sanctions regime implements the relevant United Nations Security Council resolutions relating to Afghanistan and were originally put in place in response to the actions of the Taliban, including providing sanctuary and training for international terrorist groups.

Overview of current sanctions measures

Current sanction measures implemented by Jersey in relation to Afghanistan include:

• Asset freezes and restrictions on making funds and economic resources available to designated persons
• Travel restrictions
• Prohibitions against the export, supply and/or delivery, the making available of, or the transfer of military goods
• Prohibitions against the provision of technical assistance, financial services and funds, or brokering services, relating to military goods and technology
• Enabling or facilitating the conduct of armed hostilities is prohibited.

Latest news

8 June 2022

The Sanctions and Asset-Freezing (Amendment No. 2) (Jersey) Law 2022 comes into force today. Further information can be found on the Jersey Gazette.

16 February 2022

The Sanctions and Asset-Freezing (Implementation of External Sanctions) (Jersey) Order 2021 links to the Afghanistan (Sanctions) (EU Exit) Regulations 2020. Two designations have been amended and are still subject to an asset freeze. Further information can be found here.

11 February 2022

The Sanctions and Asset-Freezing (Implementation of External Sanctions) (Jersey) Order 2021 links to the Afghanistan (Sanctions) (EU Exit) Regulations 2020. 11 designations have been amended and are still subject to an asset freeze. Further information can be found here.

*All published Latest News notices relating to financial sanctions, including those extending beyond the last 30 days, may be obtained from the Jersey Gazette

Jersey regime

The Sanctions and Asset-Freezing (Implementation of External Sanctions) (Jersey) Order 2021 (the Jersey Order) implements the Afghanistan (Sanctions) (EU Exit) Regulations 2020 (the UK Regulations).

Article 3 of the Jersey Order imposes the asset-freeze provisions in Part 3 of the Sanctions and Asset-Freezing (Jersey) Law 2019 (the SAFL) on any person listed by or under the UK Regulations. The Part 3 provisions also include, but are not limited to, Articles 15-17 of the SAFL on exceptions, licences, and circumventing prohibitions etc.

Offences

The offences for this regime are set out in Parts 3 (Asset-freezes) and 6 (Information) of the SAFL and in Articles 4 to 6 of the Jersey Order.

Reporting obligations

Reporting obligations are set out at Article 32 of the SAFL and apply to all regimes in force. These obligations include requirements for a relevant financial institution to inform the Minister if:

• it holds an account of a person, has entered into dealings or an agreement with a person or has been approached by or on behalf of a person, and
• it knows, or has reasonable cause to suspect, that the person:
  • is a designated person, or;
  • has committed an offence, and
• the information or other matter on which the knowledge or reasonable cause for suspicion is based came to it in the course of carrying on its business.

Licences and exceptions

Asset-freeze prohibitions: The provisions on exceptions and licences for asset-freezes are set out in Part 3 of the SAFL. A licence may only be granted by the Minister if there is scope in the relevant UK regulations for an equivalent licence to be granted by the UK Treasury. Exceptions to an asset-freeze that are set out in UK sanctions regulations do not apply in Jersey; however, they may be considered as a basis for an asset-freeze licence application.

Non asset-freeze prohibitions: The provisions on exceptions and licences are set out in Part 3 of the SAFL. A licence may only be granted by the Minister if there is scope in the relevant UK regulations for an equivalent licence to be granted by the UK Treasury. Exceptions to a non asset-freeze prohibition that are set out in UK sanctions regulations apply in Jersey.

UK General Licences do not apply to Jersey persons or institutions operating in Jersey; however, they may be considered as the basis for a licence application.

Important note:

By virtue of Article 19 of the SAFL:

• all natural or legal persons, groups or entities listed by UN Security Council Committee established pursuant to Resolution 1988 (2011) are immediately and automatically designated persons for the purpose of an asset-freeze under Part 3 of the SAFL.

NB: This regime also allows for the designation of persons for immigration/travel restrictions, which would be enforced under Jersey’s immigration legislation.

Legal acts

Jersey

• Sanctions and Asset-Freezing (Jersey) Law 2019
• Sanctions and Asset-Freezing (Implementation of External Sanctions) (Jersey) Order 2021

United Kingdom

• The Afghanistan (Sanctions) (EU Exit) Regulations 2020
• The Sanctions (EU Exit) (Miscellaneous Amendments) (No.5) Regulations 2020

United Nations Security Council Resolutions:

• UNSCR 2255(2015)
• UNSCR 1267(1999)
• UNSCR 1333(2000)
• UNSCR 1988(2011)

Further information

The Government of Jersey has published guidance on 31 August 2021 and 10 November 2021 on the Afghanistan Sanctions Regime as implemented under Jersey's Sanctions Legislation.

Useful information is provided on gov.uk regarding financial sanctions, Afghanistan.