Sanctions Notice - Afghanistan and Al-Qaida Network

Please be advised that there have been a number of developments in relation to the Bailiwick's sanctions regime, which are set out below.  These developments concern sanctions relating to Afghanistan and the Al-Qaida Network.

Afghanistan

Please be advised that the United Nations Security Council has amended the list of persons associated with the Taliban maintained under United Nations Security Council Resolution 1988.  All persons on the list are subject to restrictive measures which include targeted financial sanctions.  The effect of the amendment is to add one individual to the list.

Further details are available here:

http://www.un.org/press/en/2015/sc12104.doc.htm

MEASURES WHICH SHOULD BE TAKEN

The newly listed person is expected to be added imminently to the list maintained by the European Union under Council Regulation (EU) No 753/2011. Once the addition to the EU list is made, it will be automatically effective in the Bailiwick under the Afghanistan (Restrictive Measures) (Guernsey) Ordinance, 2011, the Afghanistan (Restrictive Measures) (Alderney) Ordinance, 2011 and the Afghanistan (Restrictive Measures) (Sark) Ordinance, 2011.

In the meantime businesses are advised to refrain from making assets of any kind directly or indirectly available to the listed person, as this would be likely to constitute a terrorist financing offence under sections 8 to 11 of the Terrorism and Crime (Bailiwick of Guernsey) Law, 2002.  Requests to do so may also give rise to knowledge, suspicion or reasonable grounds for knowledge or suspicion that another person is engaged in terrorist financing, in which case a disclosure should be made to the Financial Intelligence Service in the form and manner prescribed by the Terrorism and Crime (Bailiwick of Guernsey) Regulations, 2007, as amended.

Businesses must check whether they maintain any accounts or otherwise hold any funds or economic resources for the persons referred to above or for other person designated under the legislation listed above, and must treat any such accounts, funds or economic resources as frozen with immediate effect if this is not already the case. They must report any findings to the Policy Council immediately. Businesses must also refrain from making any funds or economic resources available directly or indirectly to any listed person unless this is in connection with a transaction that comes within a permitted derogation as determined by the Policy Council.

The information referred to above is required by the Policy Council in the exercise of its powers under the Schedule to each of the Ordinances listed above.

Any information or queries should be sent to [email protected]/* */ with the subject line “Afghanistan”.

Further information on the effect of asset freezes and related issues including licences is available on the States of Guernsey website at http://www.gov.gg/sanctions.

 

Al-Qaida Network

Please be advised that the United Nations Security Council has deleted one individual from the list of persons associated with Al-Qaida maintained under United Nations Security Council Resolution 1267.  All persons on the list are subject to restrictive measures which include targeted financial sanctions. 

Further details are available here:

http://www.un.org/press/en/2015/sc12097.doc.htm

The restrictions under the UN Resolution are implemented by Council Regulation (EC) No 881/2002, which is given effect in the Bailiwick by the Al-Qaida (Restrictive Measures) (Guernsey) Ordinance, 2013, the Al-Qaida (Restrictive Measures) (Alderney) Ordinance, 2013 and the Al-Qaida (Restrictive Measures) (Sark) Ordinance, 2013.

Amendments to the EU Regulation are automatically effective in the Bailiwick.

MEASURES WHICH SHOULD BE TAKEN

Businesses must check whether they maintain any accounts or otherwise hold any funds or economic resources for any person designated under the legislation listed above, and must treat any such accounts, funds or economic resources as frozen with immediate effect if this is not already the case. They must report any findings to the Policy Council immediately. Businesses must also refrain from making any funds or economic resources available directly or indirectly to any listed person unless this is in connection with a transaction that comes within a permitted derogation as determined by the Policy Council.

The information referred to above is required by the Policy Council in the exercise of its powers under the Schedule to each of the Ordinances listed above.

Any information or queries should be sent to [email protected]/* */ with the subject line “Al-Qaida”.

Further information on the effect of asset freezes and related issues including licences is available on the States of Guernsey website at http://www.gov.gg/sanctions