International Sanctions
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What are international sanctions?
A sanction is a coercive measure adopted usually by several nations acting together against a regime or organisation believed to be violating international law. Measures may be economic, diplomatic, cultural or of some other type. They may include the freezing of financial assets, a ban on the trade of goods or weapons, and travel restrictions on individuals.
Some sanction orders will give a specific period of duration (in which case they will need to be extended or renewed if they are to continue). Others will not have a time limit and will need to be revoked if they are no longer to apply.
On this page
Who is responsible for sanctions orders in
Jersey ?
The Chief Minister's Department co-ordinates the introduction of sanctions measures and assists the Chief Minister in the carrying out of his duties in connection with sanctions legislation. The Department seeks to provide guidance to local institutions and other persons upon request.
Responsibility for monitoring and ensuring compliance with sanctions orders rests with individual businesses, for example banks, through their compliance officers.
The Jersey Financial Services Commission has an overall regulatory rôle with regard to the finance industry generally, which includes ensuring compliance with sanctions orders. The Commission will typically update local institutions in respect of actions taken under the freezing mechanisms on its website.
The States of Jersey Customs and Immigration Service is responsible for the enforcement of any sanctions order that refers to the movement of goods or persons.
How are sanctions orders created?
United Nations Sanctions:
A draft UN Sanctions Order is prepared pursuant to section 1 of the United Nations Act 1946, sent to the Privy Council for Royal Assent and subsequently registered in the Royal Court. As a matter of practice, a Gazette notice advising of the sanctions order is published in the Gazette section of the Jersey Evening Post and the Order is recorded on the Jersey Legal Information Board website and on the Sanctions section of the Chief Minister’s departmental website.
Updates to UN sanctions may effect various changes without the need for a fresh Order e.g. amendment to a list of designated persons.
additional information on UN sanctions is provided below
European Union Sanctions:
The provisions of the European Communities Legislation (Implementation) (Jersey) Law 1996 empower the States to make a Regulation or the Chief Minister to make an Order regarding the implication of a sanctions measure. Typically it is the Minister (formerly the Policy and Resources Committee) who makes the decision to make an Order using his powers under the Law. This process allows the sanction measures to be put into place swiftly. Orders made in this way come into effect the day after the ministerial decision has been made.
As a matter of practice, the ministerial decision is published on the States Greffe website and a Gazette notice advising of the sanctions order is published in the Gazette section of the Jersey Evening Post and the Order is recorded on the Jersey Legal Information Board website and on the Sanctions section of the Chief Minister’s departmental website.
additional information on EU sanctions is provided below
Sanctions and Arms Embargoes Currently in Force in the Bailiwick of Jersey
The various Sanctions Orders accessible on the links below contain important information in relation to:
- de-listing requests
- the unfreezing of funds/other assets of de-listed persons/entities
- the unfreezing of funds/other assets of persons/entities inadvertedly affected by a freezing mechanism upon verification that the person/entity is not a designated person
- authorising access to funds/other assets determined to be necessary for basic expenses, the payment of certain types of fees/expenses/service charges for extraordinary expenses.
Further advice on the above procedures can be obtained by contacting international@gov.je
Freezing of Funds relating to terrorism
The Al-Qa’ida and Taliban (United Nations Measures) (Channel Islands) Order 2002 (“Al-Qa’ida Order 2002”)
Article 7 of the Al-Qa’ida Order 2002, makes it an offence for any person, except under authority of a licence, to make any funds available to or for the benefit of listed persons or any person acting on behalf of a listed person. A listed person is defined in Article 2 of the Al-Qa’ida Order 2002 as meaning either (a) Usama bin Laden or (b) any person designated by the Sanctions Committee in the list maintained by that Committee in accordance with resolution 1390 adopted by the Security Council on 16th January 2002 as: (i) a member of the Al-Qa’ida organisation; (ii) a member of the Taliban; (iii) an individual, group, undertaking or entity associated with the persons covered by (a), (b)(i) or (ii) above.
Under Article 8 of the Al-Qa’ida Order 2002 the Chief Minister, as the licensing authority, may by notice direct that funds are not made available to a particular person, except under the authority of a licence, where the Chief Minister has reasonable grounds for suspecting that the person by, for or on behalf of whom any funds are held is or may be a listed person or a person acting on behalf of a listed person.
If you receive a notice issued under Article 8 of the Al-Qaida Order 2002, you should do the following:
1. Refuse to make the funds available to the person for, or on behalf of whom, the funds are held, unless authority has been given to release funds in accordance with the terms of a licence issued under Article 7 of the Terrorism Order 2001.
2. Send a copy of the notice received from the licensing authority, without delay, to the person whose funds they are, or on whose behalf they are held. You will be treated as complying with this requirement if, without delay, you send a copy of the notice to the owner at his last-known address or, if you do not have an address for the owner, you make arrangements for a copy of the notice to be supplied to the owner at the first available opportunity.
Failure to comply with either of these requirements is an offence under the Al-Qa’ida Order 2002.
Terrorism (United Nations Measures) (Channel Islands) Order 2001 (“Terrorism Order 2001”)
Article 5 of the Terrorism Order 2001, makes it an offence for any person, except under authority of a licence, to make any funds or financial services available to or for the benefit of persons involved in terrorism.
Under Article 6 of the Terrorism Order 2001 the Chief Minister, as the licensing authority, may by notice direct that funds are not made available to a particular person, except under the authority of a licence, where the Chief Minister has reasonable grounds for suspecting that the person by, for or on behalf of whom any funds are held is or may be involved in terrorism.
If you receive a notice issued under Article 6 of the Terrorism Order 2001, you should do the following:
1. Refuse to make the funds available to the person for or on behalf of whom the funds are held, unless authority has been given to release funds in accordance with the terms of a licence issued under Article 14 of the Terrorism Order 2001.
2. Send a copy of the notice received from the licensing authority, without delay, to the person whose funds they are, or on whose behalf they are held. You will be treated as complying with this requirement if, without delay, you send a copy of the notice to the owner at his last-known address or, if you do not have an address for the owner, you make arrangements for a copy of the notice to be supplied to the owner at the first available opportunity.
Failure to comply with either of these requirements is an offence under the Terrorism Order.
Proscribed Organizations and Persons connected with terrorism or terrorist financing
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 to the Terrorism Law or (b) it operates under the same name as an organization listed in that Schedule. The list contained in Schedule 1 of the Terrorism Law has recently been amended by the Terrorism (Proscribed Organizations) (Amendment No 3) (Jersey) Order 2007 (2007 Order”). Both the Terrorism Law and the 2007 Order can be viewed by following the links set out in the links section below.
For further information relevant to financial services businesses and to view lists containing details of persons identified by relevant authorities as being connected with terrorism or the financing of terrorism, please follow the links on the Jersey Financial Services Commission webpage.
Disclaimer:
The following is a list of the various sanctions orders currently affecting the Bailiwick of Jersey. However, this list is subject to change and no liability is accepted for any inaccuracies. If in doubt legal advice should be sought.
Links are provided to relevant legislation and in particular to the Jersey legislation on the Jersey Legal Information Board website (all links open in a new window). For further information on sanctions including, named individuals and entities, trade and visa restrictions, please refer to the additional information provided below.
| Belarus |
Updated 25/May/2007 |
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| Burma (Myanmar) |
Updated 25/May/2007 |
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| Former Yugoslavia |
Updated 5/July/2007 |
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Community Provisions (Maintaining a Freeze of Funds in Relation to Mr. Milosevic and Associated Persons)
(Amendment) (Jersey) Order 2002
The United Nations (Sanctions) (Amendment) Order 2000 (SI 2000/1106)
Note: Only articles 10 and 11 of The Haiti (United Nations Sanctions) (Channel Islands) Order 1994 are still in force.
| Iran |
Updated 6 November 2007 |
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Iraq (United Nations Sanctions) (Channel Islands) Order 2003 (SI 2003/1521)
The United Nations Arms Embargoes (Somalia, Liberia and Rwanda) (Channel Islands)
(Amendment) Order 1997 (SI 1997/279)
The United Nations Sanctions (Amendment) Order 2000 (SI 2000/1106)
The Liberia (United Nations Sanctions) (Channel Islands) (Amendment) Order 2004 (SI 2004/1113)
Note: Only article 13 of the Libya (United Nations Sanctions) (Channel Islands) Order 1993 is still in force.
The United Nations Arms Embargoes (Somalia, Liberia and Rwanda) (Channel Islands)
(Amendment) Order 1997 (SI 1997/279)
The United Nations (Sanctions) (Amendment) Order 2000 (SI 2000/1106)
The United Nations Arms Embargoes (Somalia, Liberia and Rwanda) (Channel Islands)
(Amendment) Order 1997 (SI 1997/279)
The United Nations Arms Embargoes (Channel Islands) (Amendment) (Sierra Leone)
Order 1998 (SI 1998/1507)
The United Nations (Sanctions) (Amendment) Order 2000 (SI 2000/1106)
The United Nations Arms Embargoes (Somalia, Liberia and Rwanda) (Channel Islands)
(Amendment) Order 1997 (SI 1997/279)
The United Nations (Sanctions) (Amendment) Order 2000 (SI 2000/1106)
The Somalia (United Nations Sanctions) (Channel Islands) Order 2004 (SI 2002/2629)
| Terrorism |
Updated 25/June/2008 |
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Terrorism (Proscribed Organizations) (Amendment No. 3) (Jersey) Order 2007
| Terrorist Financing |
Updated 25/June/2008 |
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| Uzbekistan |
Updated 25/May/2007 |
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| Zimbabwe |
Updated 6/November/2007 |
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Additional Information
Further details of current sanctions and embargoes can be obtained from the following websites:
Click below for the full texts of:
Request email notification of the latest International Sanctions in the International Sanctions Section
