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Measures against terrorism

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

The Sanctions and Asset-Freezing (Jersey) Law 2019 (“SAFL”) is Jersey’s principal piece of sanctions legislation. It has repealed the Terrorist Asset-Freezing (Jersey) Law 2011 and incorporated its effects. SAFL requires that funds, financial services and economic resources are not made available to persons or entities designated because they are suspected or believed to be involved in or supporting terrorist activities. All UN, EU, or UK terrorist asset-freezing designations are implemented in Jersey.

  • A person or entity can be designated on either an interim basis or a final basis:

(a) under this Law;

(b) under the Terrorist Asset-Freezing etc. Act 2010 of the United Kingdom; or

(c) under the Sanctions and Anti-Money Laundering Act 2018 of the United Kingdom.

  • A designated person also includes a person:

(a) 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 combating terrorism;

(b) 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;

(c) 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;

(d) 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).

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 UN, UK and EU terrorist asset-freezing designations.

For more information on SAFL.

Reporting Obligations

Under Article 32 of SAFL, a relevant financial institution must inform the Minister for External Relations (“MER”) 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 SAFL; 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 must be reported to MER.

A Suspected Breach Notification form is available here and on the Jersey Financial Services Commission (JFSC).

Once completed it must be returned sent to sanctions@gov.je.

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

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

EU Legislation (Sa​​nctions – Afghanistan) (Jersey) Order 2014​

This order gives effect in Jersey to EU Regulation 753/2011 as amended. Regulation 753/2011 is, the principal EU Regulation imposing financial sanctions against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan.

This order applies that Regulation and also contains an ambulatory reference, in Article 2, to the Annexes to the Regulation. The effect is that, if the EU amends the lists of persons subject to the restrictive measures that change takes effect automatically in Jersey without the need for any amendment to this order. Therefore any new asset-freeze designations are effective immediately in Jersey.

More detailed guidance on this Order can be found on the Jersey Financial Services Commission (JFSC).

EU Legislation (Sanctions – Afghanistan) (Jersey) Order 2014​ on the Jersey Law website

EU Legislation (Sanction​​s – Al Qaida) (Jersey) Order 2016

This order gives effect in Jersey to EU Regulation 881/2002 and 2016/1686 (“the Regulations”) as amended. The Regulations are the principal EU Regulations imposing financial sanctions against certain persons and entities associated with ISIL (Da’esh) and Al Qaida network.

This order applies the Regulations and also contains an ambulatory reference, in Article 2, to the Annexes to the Regulation. The effect is that, if the EU amends the lists of persons subject to the restrictive measures that change takes effect automatically in Jersey without the need for any amendment to this order. Therefore any new asset-freeze designations are effective immediately in Jersey.

More detailed guidance on this Order can be found on the Jersey Financial Services Commission (JFSC).

EU Legislation (Sanctions – Al Qaida) (Jersey) Order 2014​ on the Jersey Law website​

United Nations Security Counc​​​il sanctions notice​s

The United Nations Security Council (UNSC) adds to and amends the details of persons and entities on its sanctions lists. It communicates all new UN asset-freeze designations by press release and you can subscribe to an RSS feed for these updates on the UN website.

Information about the Security Council Committee pursuant to resolutions 1267 (1999) 1989 (2011) and 2253 (2015) concerning ISIL (Da'esh) Al-Qaida and associated individuals groups undertakings and entities, including new asset-freeze designations, can be found on the relevant UN website page. The UN sanctions regime is implemented in Jersey by the EU Legislation (Sanctions – ISIL (Da’esh) and Al Qaida) (Jersey) Order 2016.

Information about the Security Council Committee established pursuant to resolution 1988 (2011) concerning the Taliban and associated individuals groups undertakings and entities, including new asset-freeze designations, can be found on the relevant UN website page. The UN sanctions regime is implemented in Jersey by the EU Legislation (Sanctions – Afghanistan) (Jersey) Order 2014.

Changes to these UN lists of designated individuals and organizations have immediate effect in Jersey and it is prohibited to deal with the funds or economic resources of a designated person or make funds or financial services available (directly or indirectly) to a designated person.

The UK Office for Financial Sanctions Compliance also communicate all new UN asset-freeze designations by email (as well as new EU and UK designations) and you can subscribe to these free email alerts on the OFSI website.

Terrorism (Jersey) Law 2​​002 - 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 tha​t 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.

Terrorism (United Nations Measures) (Channel Islands) Order 2001

Article 5 of the Terrorism (United Nations Measures) (Channel Islands) Order 2001 (“the 2001 Order”), 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 2001 Order, MER, 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 MER 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 8 of the 2002 order, 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 2001 order.
  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 2001 Order.

Terrorism (United Nations Measures) (Channel Islands) Order 2001 on Jersey Law website

Financial sanctions practical guidance

Financial sanctions Practical Guidance

Sanctions General Information

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