News

Sanctions Notices - Central African Republic, North Korea and Iran

20th April 2016

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 Central African Republic, North Korea and Iran.

 

Central African Republic

Council Regulation (EU) 224/2014, as implemented by the Central African Republic (Restrictive Measures) (Guernsey) Ordinance, 2014, the Central African Republic (Restrictive Measures) (Alderney) Ordinance, 2014 and the Central African Republic (Restrictive Measures) (Sark) Ordinance, 2014, has been amended by Council Regulation (EU) No 2016/555. The amendments, which are automatically and immediately effective in the Bailiwick, change the derogations to the existing arms embargo and introduce a new derogation in respect of the provision of technical assistance, financing, or brokering services in connection with the supply of non-lethal equipment and the provision of assistance intended to support the process of Security Sector Reform, in coordination with the UN’s peacekeeping operation. There are further amendments permitting the provision of training relating to the supply of non-lethal military equipment for strictly humanitarian or protective use, as well as amendments to requirements to notify the UN Sanctions Committee in advance of certain action. The designation criteria for targeted financial sanctions and travel bans have also been amended.

The amending Regulation is available here: Regulation 2016/555 

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 transactions that come within a permitted derogation and have been authorised by the Policy Council.

Businesses must also check whether they have any kind of relationship that may relate to prohibited activity and must report any findings to the Policy Council immediately. They must also refrain from any action that would comprise or facilitate such prohibited activity unless it comes within a permitted derogation and   has 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 'Central African Republic sanctions'.

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

 

North Korea

Council Regulation (EC) No 329/2007, as implemented in the Bailiwick by the North Korea (Restrictive Measures) (Guernsey) Ordinance, 2007, the North Korea (Restrictive Measures) (Alderney) Ordinance, 2007, and the North Korea (Restrictive Measures) (Sark) Ordinance, 2007, has been amended by Commission Implementing Regulation (EU) No 2016/569.

The Implementing Regulation is available here: Commission Implementing Regulation 2016/569

The amendment relates to 4 vessels that were previously within the scope of the sanctions in place against North Korea, on the basis that they were controlled or operated by a sanctioned entity, namely the Ocean Maritime Management Company. The effect of the amendment is to remove the vessels from the sanctions regime following a determination by the UN that they are not connected to the sanctioned entity.

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 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 'North Korea'.

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) 359/2011, as implemented by the Iran (Freezing of Funds)(Guernsey) Ordinance 2011, the Iran (Freezing of Funds)(Alderney ) Ordinance 2011and the Iran (Freezing of Funds)(Sark) Ordinance 2011, has been amended by Council Implementing Regulation (EU) No 2016/556 .

The Implementing Regulation is available here: Implementing Regulation 2016/556

The effect of the amendments, which are automatically effective in the Bailiwick, is to remove 1 natural person from the list of persons subject to an asset freeze and related financial prohibitions, and to update the details in respect of existing listings for 22 natural persons.

MEASURES WHICH SHOULD BE TAKEN

All 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 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 designated person unless licensed 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