- Last revised:06 July 2022
Purpose of the Sanctions Regime
This sanctions regime was put in place to counter cyber activity which:
- undermines, or is intended to undermine, the integrity, prosperity or security of the United Kingdom or another country or jurisdiction
- directly or indirectly causes, or is intended to cause, economic loss to, or prejudice to the commercial interests of, those affected by the activity
- undermines, or is intended to undermine, the independence or effective functioning of an international organisation, or a non-governmental organisation or forum whose mandate or purposes relate to the governance of international sport or the internet
- otherwise affects a significant number of persons in an indiscriminate manner.
Overview of current sanctions measures
Current sanctions measures implemented by Jersey in relation to cyber activity include:
- Asset freezes and restrictions on making funds, financial services, and economic resources available to designated persons
- Travel restrictions.
5 July 2022
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.
27 May 2022
24 March 2022
*All published Latest News notices relating to financial sanctions, including those extending beyond the last 30 days, may be obtained from the Jersey Gazette
The Sanctions and Asset-Freezing (Implementation of External Sanctions) (Jersey) Order 2021 (the Jersey Order) implements the Cyber (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.
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 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.
- 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.
NB: This regime also allows for the designation of persons for immigration/travel restrictions, which would be enforced under Jersey’s immigration legislation.
- Sanctions and Asset-Freezing (Jersey) Law 2019
- Sanctions and Asset-Freezing (Implementation of External Sanctions) (Jersey) Order 2021
- The Cyber (Sanctions) (EU Exit) Regulations 2020
- The Sanctions (EU Exit) (Miscellaneous Amendments) (No.4) Regulations 2020
- The Cyber-Attacks (Asset-Freezing) Regulations 2019
Useful information is provided on gov.uk regarding financial sanctions on Cyber-attacks.