Sanctions Notices - Zimbabwe and Terrorism and Terrorist Financing
18th 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: Zimbabwe; and Terrorism and Terrorist Financing.
ZIMBABWE
Council Regulation (EC) No 314/2004 has been amended by Council Regulation (EU) No 2016/214 and by Council Implementing Regulation (EU) No 2016/218.
The EC Regulation is implemented in the Bailiwick by the Zimbabwe (Freezing of Funds and Economic Resources) (Guernsey) Ordinance, 2004; the Zimbabwe (Freezing of Funds and Economic Resources) (Alderney) Ordinance, 2004; the Zimbabwe (Freezing of Funds and Economic Resources) (Sark) Ordinance, 2004; the Zimbabwe (Sale, Supply, Export, Financing and Financial Assistance and Shipment of Equipment) (Penalties and Licences) (Guernsey) Ordinance, 2004; the Zimbabwe (Sale, Supply, Export, Financing and Financial Assistance and Shipment of Equipment) (Penalties and Licences) (Alderney) Ordinance, 2004; and the Zimbabwe (Sale, Supply, Export, Financing and Financial Assistance and Shipment of Equipment) (Penalties and Licences) (Sark) Ordinance, 2004.
The amending Regulation is available here: Council Regulation (EU) 2016/214
The Implementing Regulation is available here: Implementing Regulation (EU) 2016/218
The effect of the amendments, which are automatically effective in the Bailiwick, is to remove 78 individuals and 8 entities from the list of persons subject to an asset freeze and related financial prohibitions. Although restrictive measures remain in place for seven individuals and one entity, they are currently suspended for five of these individuals. As a result, only Robert Mugabe, Grace Mugabe, and Zimbabwe Defence Industries are subject to restrictive measures at present.
MEASURES WHICH SHOULD BE TAKEN
All businesses must check whether they maintain any accounts or otherwise have any kind of relationship with the two individuals and the entity referred to above and treat any accounts, funds or economic resources belonging to, owned, held or controlled by such persons 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 these persons 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 “Zimbabwe”.
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 four individuals under the Terrorist Asset-Freezing etc. Act 2010. The individuals therefore remain Designated Persons for the purposes of the Act.
Details of the individuals 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.
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