Sanctions Notices - Al-Qaida Network and Iran
3rd December 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 the Al-Qaida Network and Iran.
AL-QAIDA NETWORK
Please be advised that the United Nations Security Council has added one individual (“the listed person”) to 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/sc12144.doc.htm
The United Nations Security Council has also removed one individual from the list. Further details are available here:
http://www.un.org/press/en/2015/sc12139.doc.htm
Corresponding amendments are expected to be made imminently to the list maintained by the European Union under Council Regulation (EC) No 881/2002. Once made, the amendments will be automatically effective in the Bailiwick under 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.
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.
MEASURES WHICH SHOULD BE TAKEN
Businesses must check whether they maintain any accounts or otherwise hold any funds or economic resources for the listed person or for any 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 “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
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 Implementing Regulation (EU) No 2015/2204.
The Implementing Regulation is available here:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32015R2204&from=EN
The effect of the Implementing Regulation, which is automatically effective in the Bailiwick, is to re-list one entity whose previous listing had been annulled.
MEASURES WHICH SHOULD BE TAKEN
All businesses must check whether they maintain any accounts or otherwise have any kind of relationship with the entity referred to above or to any other 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 “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.