ISIL (Da'esh) and Al-Qaida terrorist organisations
- Last revised:16 November 2023
Purpose of the Sanctions Regime
This sanctions regime gives effect to obligations under United Nations Security Council (UNSC) Resolution 2368 (2017) and imposes certain measures against those for the time being named on the UNSC’s ISIL (Da’esh) and Al-Qaida sanctions list.
UNSC Resolution 2368 (2017) currently imposes the asset freeze, travel ban and arms embargo affecting all individuals and entities named on the ISIL (Da’esh) & Al-Qaida Sanctions List.
UNSC Resolution 2368 (2017) notes that the asset freeze requirements apply to financial transactions involving any funds, economic resources or income-generating activities that benefit individuals, groups, undertakings and entities on the ISIL (Da’esh) & Al-Qaida Sanctions List, including, but not limited to, trade in petroleum products, natural resources, chemical or agricultural products, weapons, or antiquities by listed individuals, groups, undertakings and entities, kidnapping for ransom, and the proceeds of other crimes including, trafficking in persons, extortion and bank robbery.
Overview of current sanctions measures
Current sanctions measures implemented by Jersey in relation to ISIL (Da’esh) and Al-Qaida include:
- Asset freezes and restrictions on making funds, financial services, and economic resources available to designated persons and entities associated with ISIL (Da’esh) and Al-Qaida
- Prohibitions against the export, supply and/or delivery, the making available of, or the transfer of military goods and military technologies
- Prohibitions against the provision of technical assistance, financial services and funds, or brokering services, relating to military goods and military technology
- A prohibition against enabling or facilitating conduct of armed hostilities.
14 November 2023
*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 ISIL (Da’esh) and Al-Qaida (United Nations Sanctions) (EU Exit) Regulations 2019 (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.
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.
By virtue of Article 29 of the SAFL:
- all natural or legal persons, groups or entities listed by the UN Security Council Committee established pursuant to Resolutions 1267 (1999), 1989 (2011) and 2253 (2015), and which was reaffirmed by Resolution 2368 (2017), concerning Islamic State in Iraq and the Levant (Da’esh), Al-Qaida and associated individuals, groups, undertakings and entities are immediately and automatically designated persons under Part 3 of the SAFL.
- Sanctions and Asset-Freezing (Jersey) Law 2019
- Sanctions and Asset-Freezing (Implementation of External Sanctions) (Jersey) Order 2021
- The ISIL (Da’esh) and Al-Qaida (United Nations Sanctions) (EU Exit) Regulations 2019
- The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2019
- The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2020
- The Sanctions (EU Exit) (Miscellaneous Amendments) (No.3) Regulations 2020
- UNSCR 1267 (1999)
- UNSC Resolution 1333 (2000)
- UNSC Resolution 1390 (2002)
- UNSCR 1989 (2011)
- UNSCR 2253 (2015)
- UNSCR 2368 (2017)
Useful information is provided on gov.uk regarding Financial sanctions, ISIL (Da'esh) and Al-Qaida