Sanctions Notices - Syria; ISIL (Da'esh) and Al-Qaida Network; and Terrorism and Terrorist Financing
3rd November 2016Please 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 Syria; ISIL and Al-Qaida; and Terrorism and Terrorist Financing.
Syria
Council Regulation (EC) No 36/2012, as implemented by the Syria (Restrictive Measures) (Guernsey) Ordinance, 2012, the Syria (Restrictive Measures) (Alderney) Ordinance, 2012 and the Syria (Restrictive Measures) (Sark) Ordinance, 2012, has been amended by Council Implementing Regulation (EU) No 2016/1893.
The Implementing Regulation is available here: Council Implementing Regulation (EU) 2016/1893.
The effect of the amendments, which are automatically effective in the Bailiwick, is to add 10 individuals to the list of persons subject to financial sanctions.
MEASURES WHICH SHOULD BE TAKEN
All businesses must check whether they maintain any accounts or otherwise have any kind of relationship with the individuals referred to above or with any other natural or legal persons, entities or bodies designated under the legislation, and must treat any funds or economic resources belonging to, owned, held or controlled by them as frozen with immediate effect if this is not already the case. They must report any findings to the Policy and Resources Committee 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 unless authorised by the Policy and Resources Committee.
The information referred to above is required by the Policy and Resources Committee 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 “Syria”.
Further information on asset freezes is available on the States of Guernsey website at http://www.gov.gg/sanctions
ISIL (Da'esh) and Al-Qaida Network
Al-Qaida (Restrictive Measures) (Guernsey) (Amendment) Ordinance, 2016
Amendments have been made to the Al-Qaida (Restrictive Measures) (Guernsey) Ordinance, 2013 which implements Council Regulation (EC) No 881/2002, in order to implement Council Regulation (EU) No. 2016/1686 as well. The 2016 Regulation enables the EU to impose its own autonomous sanctions in addition to those enacted by the UN and given effect by the 2002 Regulation.
The sanctions under the 2016 Regulation comprise targeted measures applicable to listed individuals or entities associated with ISIL (Da'esh) and Al-Qaeda or any related cell, affiliate, splinter group or derivative. Association for these purposes covers a wide range of activities that goes beyond support for or participation in terrorist acts and includes the provision of financing, technology, arms or training, engaging in trade (in particular oil, oil products and cultural property), travelling or seeking to travel into or outside the EU for the purposes of providing support, and recruiting or inciting the support of others.
The effect of the amendments is that any listings made under the 2016 Regulation are automatically and immediately effective in Guernsey.
The 2016 Regulation is available here: Council Regulation 2016/1686.
In addition, the 2002 Regulation has been amended by Commission Implementing Regulation (EU) No 2016/1906. The effect of the amendments is to update the details in relation to 3 listed individuals, to give effect to recent changes to the list maintained under United Nations Security Council Resolution 1267.
The Implementing Regulation is available here: Commission Implementing Regulation (EU) 2016/1906.
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 2002 Regulation 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 and Resources Committee 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 as determined by the Policy and Resources Committee.
The information referred to above is required by the Policy and Resources Committee in the exercise of its powers under the Schedule to 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.
No listings have yet been made under the 2016 Regulation but businesses are advised to familiarise themselves with its terms in preparation for listings being made.
Any information or queries should be sent to [email protected] with the subject line “ISIL/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
Terrorism and Terrorist Financing
HM Treasury has renewed the final designation of two entities under the Terrorist Asset-Freezing etc. Act 2010. The entities therefore remain Designated Persons for the purposes of the Act.
Details of the entities are available here:
Persons who are the subject of a designation under and within the meaning of the Act 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 Guernsey 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 unless this is in connection with a transaction that has licensed by the Policy Council.
Any information or queries should be sent to [email protected]
Further information on the effect of asset freezes and related issues is available on the States of Guernsey website at http://www.gov.gg/sanctions