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Combatting terrorism and terrorist financing

​​​​​​​​​​​​​Sanctions and Asset-Freezing (Jersey) Law 2019

The Sanctions and Asset-Freezing (Jersey) Law 2019 (“SAFL”) is Jersey’s principal piece of sanctions legislation. 

SAFL includes a requirement that funds, financial services and economic resources are not made available to persons or entities designated for the purpose of an asset-freeze because they are suspected or believed to be involved in or supporting terrorist activities. Under SAFL, all UN, EU, and UK terrorist asset-freezing designations are implemented in Jersey.

Terrorist asset-freeze designations

A person (a ‘person’ can include an individual or entity) is subject to a terrorist asset-freeze designation in Jersey under SAFL in the following circumstances:

  • Jersey terrorist asset-freeze designations
  • UK terrorist asset-freeze designations
  • EU terrorist asset-freeze designations
  • UN Security Council terrorist asset-freeze designations

Jersey terrorist asset-freeze designations

Under Part 4 of SAFL the Minister for External Relations (the "Minister") can designate a person for the purpose of an asset-freeze if the Minister suspects or believes that that person is involved with or connected with terrorist activity. There are currently no such Jersey terrorist asset-freeze designations.

UK terrorist asset-freeze designations.

Any person subject to asset-freeze designation for terrorism or terrorist activity under the Sanctions and Anti-Money Laundering Act 2018 of the UK, is also subject to an asset-freeze designation in Jersey.

EU terrorist asset-freeze designations

Any person on the list provided for by Article 2(3) of Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combatting terrorism is subject to an asset-freeze designation in Jersey.

UN Security Council terrorist asset-freeze designations

A person is subject to an asset-freeze designation in Jersey if that person is:

  • listed on the ISIL (Da’esh) and Al-Qaida Sanctions List maintained and amended from time to time by the Committee established by the UN Security Council under resolutions 1267 (1999), 1989 (2011) and 2253 (2015) concerning ISIL (Da’esh), Al-Qaida and associated individuals and entities.
  • on a list maintained and amended from time to time by the Committee established by the UN Security Council under resolution 1988 (2011), as being associated with the Taliban, is subject to an asset-freeze designation in Jersey.
  • on a list maintained and amended from time to time by the Counter Terrorism Committee established by the UN Security Council under resolution 1373 (2001), is subject to an asset-freeze designation in Jersey.

UK list of designated persons, terrorism and terrorist financing

Financial institutions and other bodies or persons in Jersey should make reference to the current UK list of terrorism and terrorist financing asset-freeze designations in deciding whether funds or economic resources should be frozen, or the provision of financial services is prohibited in the Island. This list contains UNSC and autonomous UK terrorist asset-freezing designations.

Reporting Obligations

The reporting obligations that apply are set out at Article 32 of SAFL. 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 designated 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.

You should continue to use the suspected breach form available from the JFSC website to report any suspected breach of financial sanctions and return the form to sanctions@gov.je.

Failure to comply with the obligation to provide information to the Minister is a criminal offence.

This reporting requirement is in addition to any Suspicious Activity Report (SAR) that you may need to provide to the Joint Financial Crimes Unit. Reporting a potential sanctions breach to the Minister does not mean you do not have to file a SAR and vice versa.

Sanctions and Asset-Freezing (Implementation of External Sanctions) (Jersey) Order 2021

The Sanctions and Asset-Freezing (Implementation of External Sanctions) (Jersey) Order 2021 (the “External Sanctions Order”) implements more than 35 SAMLA regulations, including 4 linked to terrorism and terrorist-activity:

Afghanistan

This sanctions regime implements the relevant United Nations Security Council resolutions relating to Afghanistan and were originally put in place in response to the actions of the Taliban, including providing sanctuary and training for international terrorist groups.

Afghanistan sanctions regime on the JFSC website

ISIL (Da’esh) and Al-Qaida

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.

ISIL (Da’esh) and Al-Qaida regime on the JFSC website

Counter-Terrorism

This sanctions regime aims to further the prevention of terrorism and protect British national security interests. This regime implements international obligations under UN Security Council Resolution 1373.

UN Resolution 1373 (2001) is available online along with other relevant UN Resolutions. UNSCR 1373 (2001) includes, amongst others, a requirement that UN member states must (a) prevent and suppress the financing of terrorist acts, (b) freeze the funds and economic resources of persons who commit or attempt to commit terrorist acts or participate in or facilitate the commission of such acts, and (c) prohibit their nationals and those within their territories from making funds, financial services or economic resources available to or for the benefit of such persons.

International Counter-Terrorism

This sanctions regime aims to further the prevention of international terrorism. It replaces the EU autonomous (i.e. non-UNSC) ISIL (Da'esh) and Al-Qaida regime and also partially gives effect to UN Security Council Resolution 1373 (2001). This regime also provides the application of counter-terrorism sanctions in respect of persons for whom there are reasonable grounds to suspect are or have been involved in terrorist activity, with a particular focus on persons who operate internationally.

UN Resolution 1373 (2001) is available online along with other relevant UN Resolutions. UNSCR 1373 (2001) includes, amongst others, a requirement that UN member states must (a) prevent and suppress the financing of terrorist acts, (b) freeze the funds and economic resources of persons who commit or attempt to commit terrorist acts or participate in or facilitate the commission of such acts, and (c) prohibit their nationals and those within their territories from making funds, financial services or economic resources available to or for the benefit of such persons.

Guidance on the External Sanctions Order

Further guidance on the Sanctions and Asset-Freezing (Implementation of External Sanctions) (Jersey) Order 2021.

Financial sanctions notices

Changes to asset-freeze designations in Jersey and other changes to sanctions legislation are published on the Jersey Gazette

Register to receive email alerts when new financial sanctions notices are published.

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

Terrorism (Jersey) Law 2002 on Jersey Law website

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 to the Terrorism Law has been amended to reflect changes to the UK list of proscribed terror groups or organisations.

Proscribed terror groups or organisations on the GOV.UK website

A person commits an offence if he or she: belongs or professes to belong to a proscribed organisation; invites support for a proscribed organisation; arranges, manages or assists in arranging or managing a meeting; or addresses a meeting to encourage support for a proscribed organisation. It is an offence to wear a uniform or clothing, or display an item which gives the impression that a person is a member or supporter of a proscribed organisation.  

It is also an offence under the Terrorism Law to use or possess any property; to provide, or invite another to provide, property or a financial service; to collect or receive property; or to otherwise deal with terrorist property for the purposes of terrorism or for the support of a terrorist entity.

Guidance on financial sanctions

More detailed guidance on financial sanctions, including measures against terrorism, can be found on JFSC sanctions guidance.

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