Sanctions Notices - Afghanistan, Al-Qaida Network, Belarus, Iran and Terrorism and Terrorist Financing
5th August 2015Please 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, Al-Qaida Network, Belarus, Iran and Terrorism and Terrorist Financing.
AFGHANISTAN
Council Regulation (EU) No 753/2011, as implemented in the Bailiwick by the Afghanistan (Restrictive Measures) (Guernsey) Ordinance, 2012, the Afghanistan (Restrictive Measures) (Alderney) Ordinance, 2012 and the Afghanistan (Restrictive Measures) (Sark) Ordinance, 2012, has been amended by Council Implementing Regulation (EU) No 2015/1322 with effect from 2 August 2015.
The Implementing Regulation is available here: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2015.206.01.0001.01.ENG
The effect of the Implementing Regulation, which is automatically effective in the Bailiwick, is to add one individual and one entity to the list of persons subject to an asset freeze and related financial restrictions and, in addition, to remove one individual from the list.
MEASURES WHICH SHOULD BE TAKEN
All businesses must check whether they maintain any accounts or otherwise have any kind of relationship with any natural or legal person, entity or body designated under the legislation and treat any accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body as frozen with immediate effect if this is not already the case. Businesses 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 or for the benefit of any designated person, entity or body other than in respect of transactions that come within a permitted derogation and have been authorised 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
Council Regulation (EC) No 881/2002, as implemented 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, has been amended by Council Implementing Regulation (EU) No 2015/1330 with effect from 2 August 2015.
The Implementing Regulation is available here: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2015.206.01.0026.01.ENG
The effect of the amendments, which are automatically effective in the Bailiwick, is to remove 1 individual from the list of persons subject to an asset freeze and related financial prohibitions, and to amend the details in respect of 1 other individual.
MEASURES WHICH SHOULD BE TAKEN
All businesses must check whether they maintain any accounts or otherwise have any kind of relationship with any natural or legal person, entity or body designated under the legislation and treat any accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body 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
BELARUS
Council Regulation (EC) No 765/2006, as implemented in the Bailiwick by the Belarus (Freezing of Funds) (Guernsey) Ordinance, 2012, the Belarus (Freezing of Funds) (Alderney) Ordinance, 2012 and the Belarus (Freezing of Funds) (Sark) Ordinance, 2012, has been amended by Council Implementing Regulation (EU) No 2015/1326 with effect from 2 August 2015.
The Implementing Regulation is available here: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2015.206.01.0016.01.ENG
The effect of the Implementing Regulation, which is automatically effective in the Bailiwick, is to remove twenty four individuals from the list of persons subject to an asset freeze and related financial restrictions.
MEASURES WHICH SHOULD BE TAKEN
All businesses must check whether they maintain any accounts or otherwise have any kind of relationship with any natural or legal person, entity or body designated under the legislation and treat any accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body as frozen with immediate effect if this is not already the case. Businesses 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 or for the benefit of any designated person, entity or body other than in respect of transactions that come within a permitted derogation and have been authorised 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 “Belarus”.
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.
IRAN
Council Regulation (EU) No 267/2012, as implemented in the Bailiwick by the Iran (Restrictive Measures) (Guernsey) Ordinance, 2012, the Iran (Restrictive Measures) (Alderney) Ordinance, 2012 and the Iran (Restrictive Measures) (Sark) Ordinance, 2012, has been amended by Council Regulation (EU) No 2015/1327.
The Regulation is available here: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2015.206.01.0018.01.ENG
The effect of the amendment, which is automatically effective in the Bailiwick, is to widen the range of activities for which it is permissible to provide services such as the supply of equipment or training and related financial assistance, subject to authorization by the Policy Council.
MEASURES WHICH SHOULD BE TAKEN
All businesses should take steps to familiarise themselves with the legislation, and must check whether they maintain any accounts or otherwise have any kind of relationship which is relevant to the activities referred to above or to any other provisions of the legislation. Any findings should be reported to the Policy Council immediately.
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 “Iran”.
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.
TERRORISM AND TERRORIST FINANCING
Under Council Implementing Regulation (EU) 2015/1325, the EU has updated the list of persons, groups and entities subject to the measures under Council Regulation (EC) 101/2001 (“the EU Regulation) with effect from 2 August 2015.
The updated list is available here: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2015.206.01.0012.01.ENG
Persons who are listed for the purposes of the EU Regulation are also automatically Designated Persons for the purposes of the Terrorist Asset-Freezing (Bailiwick of Guernsey) Law, 2011 with immediate effect, and are subject to the asset freeze and other prohibitions in relation to Designated Persons in the Law.
MEASURES WHICH SHOULD BE TAKEN
All businesses must check whether they maintain any accounts or otherwise have any kind of relationship with any natural or legal person, entity or body designated under the legislation and treat any accounts, funds or economic resources belonging to, owned, held or controlled by a Designated Person as frozen with immediate effect if this is not already the case. Businesses 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 or for the benefit of any Designated Person other than in respect of transactions that have been authorised by the Policy Council.
The information referred to above is required by the Policy Council in the exercise of its powers under section 18 of the Terrorist Asset Freezing Law.
Any information or queries should be sent to [email protected] with the subject line “Terrorist Financing”.
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.