Sanctions Notices - Terrorist Financing, Al-Qaida, Libya and Iran
4th February 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 Terrorist Financing, Al-Qaida, Libya and Iran.
TERRORISM AND TERRORIST FINANCING
HM Treasury has revoked the final designation of one individual under the Terrorist Asset-Freezing etc. Act 2010. The individual is therefore no longer a Designated Person for the purposes of the Act.
Details of the individual 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. Revocations of designations under the Act are also immediately effective under 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.
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]
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
ISIL (DA’ESH) AND AL-QAIDA NETWORK
This Notice is issued further to previous Sanctions Notices that have been issued in relation to the removal of one natural person from the list of persons associated with ISIL (Da’esh) and Al-Qaida maintained under United Nations Security Council Resolution 1267, and changes to the details relating to four other listed persons. Please be advised that corresponding changes have now been made to the list maintained by the European Union under Council Regulation (EC) No 881/2002 by Commission Implementing Regulation (EU) No 2016/47. These changes are 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.
The Implementing Regulation is available here:
Commission Implementing Regulation (EU) 2016/47
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
LIBYA
The Libya (Restrictive Measures) (Guernsey) Ordinance, 2016 (“the Ordinance”) has been made to give effect to Council Regulation (EU) 2016/44 concerning restrictive measures in relation to Libya.
The Regulation consolidates existing restrictive measures by repealing and replacing previous Regulations concerning Libya that have been enacted since 2011. These measures have been implemented in Guernsey by the Libya (Restrictive Measures) (Guernsey) Ordinance, 2011 and the change at EU level is reflected in the Ordinance, which repeals and replaces the 2011 Ordinance.
The EU regulation is available here:
Council Regulation (EU) 2016/44
MEASURES WHICH SHOULD BE TAKEN
All businesses must familiarise themselves with the legislation and check whether they have any kind of relationship that may relate to prohibited activity. In particular they must check whether they maintain any accounts or otherwise hold any funds or economic resources for any of the individuals designated under the EU Regulation, 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 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 the Ordinance.
Any information or queries should be sent to [email protected] with the subject line 'Libya'.
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) 2016/74.
The Implementing Regulation is available here:
Council Implementing Regulation (EU) 2016/74
The effect of the Implementing Regulation, which is automatically effective in the Bailiwick, is to remove two entities from the list of persons subject to 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 '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.