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SANCTIONS

Terrorist Sanctions

THE COMMISSION

TERRORIST SANCTIONS

The United Nations has taken general measures in respect of terrorism, and more specific measures in respect of Al-Qa’ida
and the Taliban.

In Jersey, these measures have been implemented by the:

Terrorist Asset-Freezing (Jersey) Law 2011(the “TAFL”) 

Article 2 of the TAFL defines a designated person as:

  (a) a person which is the subject of a designation under the Law;
  (b) a person who is the subject if a designation, being a designation within the meaning of the Terrorist-Asset
Freezing etc.Act 2010; or
  (c) a natural or legal person, group or entity included in the list (as in force from time to time) provided for by Article 2(3) of the Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain person and entities with a view to combating terrorism (as that Regulation is amended from time to time).
  (d) a natural or legal person, group or entity –
    (i)

(ii)

(iii)
listed on the Al-Qaida Sanctions List maintained and amended from time to time by the Committee established pursuant to resolution 1267 (1999) and 1989 (2011) concerning Al-Qaida and associated individuals and entities,
listed on a list maintained and amended from time to time by the Committee established pursuant to resolution 1988 (2011) as being associated with the Taliban, or
listed on a list maintained and amended from time to time by the Counter Terrorism Committee established pursuant to resolution 1373 (2001),
    such Committees being established by the United Nations Security Council.

The Minister for External Relations has the power to issue interim and final designations under Articles 7 and 8 of the TAFL respectively. However, given that those designated by the United Kingdom and European Union are automatically ‘designated persons’ under Article 2, it is considered unlikely that this power will be extensively used, if at all. Presently no designations have been made by the Minister for External Relations.

Part 3 of the TAFL contains a number of prohibitions in relation to designated persons. Those prohibitions are as follows:

A breach of any of the prohibitions is a criminal offence carrying a penalty of up to 7 years imprisonment and/or a fine. The offences apply to United Kingdom nationals ordinarily resident in Jersey and persons incorporated or constituted under the law of Jersey, in respect of conduct committed anywhere in the world.

Article 18 of the TAFL sets out certain exceptions to the prohibitions set out above, for example in relation to credits to a frozen account and the payment of social security benefits.

The prohibitions do not apply to anything done under the authority of a licence granted by the Minister for External Relations under Article 19 of the TAFL.

Under Article 21 of the TAFL a relevant institution must inform the Minister for External Relations of certain information as soon as practicable if-

         (a)   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;
         (b)   it knows or has reasonable cause to suspect, that the person –
                  (i)    is a designated person, or
                  (ii)   has committed an offence under Part 3 of TAFL (as outlined above); and
                  (iii)  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.

Such information may be reported to the Minister for External Relations by e-mail to sanctions@gov.je and is in addition to any Suspicious Activity Report (SAR) that may be reported separately to the Joint Financial Crimes Unit.

Failure to comply with the obligation to provide information to the Minister for External Relations is an offence attracting up to 12 months imprisonment or a fine up to £5,000.

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Al Qa’ida and Taliban (United Nations Measures) (Channel Islands) Order 2002 (the “2002 Order”)

 

Under Article 2 of the 2002 Order a listed person is defined as:

(a) Usama Bin Laden; and
(b) Any person designated as:
     (i) a member of the Al-Qa’ida organisation;
     (ii) a member of the Taliban; or
    (iii) an individual, group, undertaking or entity associated with the persons covered by (a), (b)(i) or (ii) above.

Under Article 7 of the 2002 Order, it is an offence to make any funds available to, or for the benefit of a listed person or any person acting on behalf of a listed person. Any person who knowingly and intentionally engages in any activities, the object or effect of which is to enable or facilitate the commission (by that person or another) of an offence under Article 7, is guilty of an offence and liable to  imprisonment for a term not exceeding seven years, or to a fine, or to both (Article 20(1)).

No offence is committed in respect of funds provided under a licence from the Minister for External Relations, so long as the terms of the licence are complied with.

Under Article 10 of the 2002 Order it is a criminal offence for a relevant institution to fail to disclose to the Minister for External Relations, as soon as reasonably practicable, a knowledge or suspicion that a present or former customer, or a person with whom the institution has had dealings in the course of its business since that time:

         (a)   is a listed person;
         (b)   is a person acting on behalf of a listed person; or
         (c)   has committed an offence under Article 7 (failing to freeze funds), Article 8(9) (failing to comply with a direction to                          freeze funds) or Article 12(2) (failing to comply with a condition of a licence).

Such information may be reported to the Minister for External Relations by e-mail to sanctions@gov.je and is in addition to any Suspicious Activity Report (SAR) that may be reported separately to the Joint Financial Crimes Unit.

The 2002 Order is applicable to any person within the Channel Islands and to any person elsewhere who -
         (a)   is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject,
                a British National (Overseas), or a British protected person and is ordinarily resident in Jersey; or
         (b)   is a body incorporated or constituted under the law of any part of Jersey.

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EU Legislation (Sanctions – Afghanistan) (Jersey) Order 2014

 

Gives effect to EU Regulation 753/2011 as amended, the Regulation imposing financial sanctions against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan. Top

EU Legislation (Sanctions – Al Qaida) (Jersey) Order 2014

Gives effect to EU Regulation 881/2002 as amended, the Regulation imposing financial sanctions against certain persons and entities associated with the Al Qaida network.

 

Article 4 of the Al Qaida Sanctions Order provides that EU Regulation 881/2002 as amended is to have effect in Jersey as though it were an enactment (with exceptions). This gives effect in Jersey law to Regulation (EU) 881/2002, as amended, and also achieves compliance with UNSCR 2170. This Order uses ambulatory references to Reg 881/2002’s Annexes thus removing any requirement for amendments to the Order if the lists in the Annexes are changed.

Article 5 of the Al-Qaida Sanctions Order provides that it is an offence to, inter alia, contravene Article 2,3 or 4 of EU Reg 881/2002 (maximum 2 years imprisonment and/or an unlimited fine) or to contravene without reasonable excuse Article 5(1) of 881/2002 (maximum 3 months imprisonment and/or unlimited fine).

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Terrorism (Jersey) Law 2002 - Proscribed organisations and persons connected with terrorism or terrorist financing

Terrorism (Jersey) Law 2002

Under Article 6 of the Terrorism (Jersey) Law 2002 (“Terrorism Law”), the Minister for Home Affairs may ‘proscribe’ an organization as being concerned in terrorism.  An organization is proscribed if (a) it is listed in Schedule 1 (as amended from time to time) to the Terrorism Law or (b) it operates under the same name as an organization listed in that Schedule.

United Kingdom Consolidated List (the “UK Consolidated List”)

Jersey does not produce its own list of those persons designated for terrorism, Afghanistan or Al Qa’ida purposes. Instead reference is made to the UK Consolidated List. The UK Consolidated List includes individuals and entities targeted by the United Nations, European Union and United Kingdom. Those designated under Article 2 of the TAFL will appear in the UK Consolidated List under the subheading “terrorism/terrorist financing”, with the exception of any additional designations made locally by the Minister for External Relations. Presence of an individual or entity on the UK Consolidated List under the subheading "Al-Qaida" would bring them within the Al-Qaida Sanctions Order and the 2002 Order and under the subheading “Afghanistan” would bring them within the Afghanistan Sanctions Order and the 2002 Order.

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Last Updated: 26 March 2015

 

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