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- Last revised:21 June 2021
Purpose of the Sanctions Regime
This sanctions regime gives effect to United Nations Security Council (UNSC) Resolution 1970 (2011), and aims to:
- promote respect for human rights in Libya
- promote the peace, stability and security of Libya
- promote the successful completion of Libya’s transition to a democratic, independent and united country, and
- prevent migrant smuggling and human trafficking taking place from Libya.
Overview of current sanctions measures
Current sanction measures implemented by Jersey in relation to Libya include:
- Asset freezes and restrictions on making funds and economic resources available to or for the benefit of designated persons
- Travel restrictions
- Prohibitions against the export of restricted goods, and import of arms and related materiel and internal repression goods
- Prohibitions against the supply and delivery, making available or acquiring, or transfer of certain goods and technology
- Prohibitions against providing technical assistance, financial services and funds, or brokering services relating to restricted goods and restricted technology
- Prohibitions against the enabling or facilitating the conduct of armed hostilities
- Prohibitions against transporting Libyan oil, port access or entry, bunkering or ship supply services in relation to UN designated ships
- Prohibitions against entering into financial transactions relating to Libyan oil aboard UN designated ships
- Prohibitions relating to the movement of aircraft used to transport to military goods or military personnel
- Prohibitions against the satisfying of claims with regard to contracts and transactions the performance of which was affected by the United Nations Security Council Resolution 883 (1993) and related resolutions.
13 May 2021
The Sanctions and Asset-Freezing (Implementation of External Sanctions)(Jersey) Order 2021 gives effect to the Libya (Sanctions)(EU Exit) Regulations 2020. Amendments have been made to one designation and three new designations have been added. Further information can be found here.
30 April 2021
The Sanctions and Asset-Freezing (Implementation of External Sanctions)(Jersey) Order 2021 gives effect to the Libya (Sanctions)(EU Exit) Regulations 2020. On 30 April 2021 amendments were made to two designated persons. The two persons remain 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
The Sanctions and Asset-Freezing (Implementation of External Sanctions) (Jersey) Order 2021 (the Jersey Order) implements the Libya (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.
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 Resolution 1970 (2011) are immediately and automatically designated persons 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.
- Sanctions and Asset-Freezing (Jersey) Law 2019
- Sanctions and Asset-Freezing (Implementation of External Sanctions) (Jersey) Order 2021
- The Libya (Sanctions) (EU Exit) Regulations 2020
- Council Regulation (EC) 3275/93
- UNSCR 1970 (2011)
- UNSC Resolution 883 (1993)
Useful information is provided on gov.uk regarding Financial sanctions, Libya