Terrorist
Asset-Freezing (Jersey) Law 2011
A LAW to provide for financial restrictions on persons suspected of
involvement in terrorist activities; and for related purposes
Adopted by the
States 2nd February 2011
Sanctioned by Order of Her Majesty in
Council 16th March 2011
Registered by the
Royal Court 1st
April 2011
THE STATES, subject to the sanction of Her
Most Excellent Majesty in Council, have adopted the following Law –
part 1
interpretation
1 Interpretation
(1) In
this Law –
“association” includes an unincorporated
body;
“designated person” has the meaning set out
in Article 2;
“designation” means final designation or
interim designation, as the case requires;
“document” means a recording of information
in any form, including a form illegible to the naked eye;
“economic resources” has the meaning set out
in Article 4(2);
“final designation”
means a designation made under Article 8;
“financial services” has the meaning set out
in Article 3;
“funds” has the meaning set out in Article 4(1);
“interim designation”
means a designation made under Article 6;
“produce”, in relation to information
recorded in a form illegible to the naked eye, includes producing a copy of the
information in legible form;
“relevant institution” has the meaning set
out in Article 5;
“the relevant Security Council resolutions”
means –
(a) resolution 1373 (2001) adopted by the
Security Council of the United Nations on 28th September 2001; and
(b) resolution 1452 (2002) adopted by the
Security Council of the United Nations on 20th December 2002;
“renew” means, in respect of a final
designation, renew under Article 9;
“special counsel” means a person appointed
under paragraph 5 of Schedule 1;
“terrorism” has the same meaning as in the
Terrorism (Jersey) Law 2002[1].
(2) A
reference in this Law to an Act of the United Kingdom is a reference to that
enactment as amended from time to time.
2 Meaning
of “designated person”
In this Law, “designated
person” means –
(a) a
person who is the subject of a designation under this Law;
(b) a
person who is the subject of a designation, being a designation within the
meaning of the Terrorist Asset-Freezing etc. Act 2010 (c.38) of the United
Kingdom; or
(c) a
natural or legal person, group or entity included in the list (as in force from
time to time) provided for by Article 2(3) of Council Regulation (EC) No
2580/2001 of 27 December 2001 on specific restrictive measures directed
against certain persons and entities with a view to combating terrorism (as
that Regulation is amended from time to time).
3 Meaning
of “financial services”
(1) In
this Law, “financial services” means any services of a financial
nature, including (but not limited to) –
(a) insurance-related services consisting of any
of the following –
(i) direct
life assurance,
(ii) direct
insurance other than life assurance,
(iii) reinsurance
and retrocession,
(iv) insurance
intermediation, such as brokerage and agency,
(v) services
auxiliary to insurance, such as consultancy, actuarial, risk assessment and
claim settlement services;
(b) banking and other financial services
consisting of any of the following –
(i) accepting
deposits and other repayable funds,
(ii) lending
(including consumer credit, mortgage credit, factoring, and financing of commercial
transactions),
(iii) financial
leasing,
(iv) payment
and money transmission services (including by credit, charge and debit cards,
travellers’ cheques and bankers’ drafts),
(v) providing
guarantees or commitments,
(vi) financial
trading,
(vii) participating
in issues of any kind of securities (including underwriting and placement as an
agent, whether publicly or privately) and providing services related to such
issues,
(viii) money
brokering,
(ix) asset
management, such as cash or portfolio management, all forms of collective
investment management, pension fund management, custodial, depository and trust
services,
(x) settlement
and clearing services for financial assets (including for securities,
derivative products and other negotiable instruments),
(xi) providing
or transferring financial information, and financial data processing or related
software (but only by suppliers of other financial services),
(xii) providing
advisory or other auxiliary financial services in respect of any activity listed
in clauses (i) to (xi) (including credit reference and analysis, investment and
portfolio research and advice, advice on acquisitions and on corporate
restructuring and strategy); and
(c) any financial service business within the
meaning of Article 2 of the Financial Services (Jersey) Law 1998[2] and not included in sub-paragraph (a) or (b).
(2) In
paragraph (1)(b)(vi), “financial trading” means trading for
own account or for account of customers, whether on an investment exchange, in
an over-the-counter market or otherwise, in any of the following –
(a) money market instruments (including cheques,
bills and certificates of deposit);
(b) foreign exchange;
(c) derivative products (including futures and
options);
(d) exchange rate and interest rate instruments
(including products such as swaps and forward rate agreements);
(e) transferable securities;
(f) other negotiable instruments and
financial assets (including bullion).
4 Meaning
of “funds” and “economic resources”
(1) In
this Law, “funds” means financial assets and benefits of every
kind, including (but not limited to) any of the following –
(a) cash, cheques, claims on money, drafts,
money orders and other payment instruments;
(b) deposits with relevant institutions or other
persons, balances on accounts, debts and debt obligations;
(c) publicly and privately traded securities and
debt instruments, including stocks and shares, certificates representing
securities, bonds, notes, warrants, debentures and derivative products;
(d) interest, dividends and other income on or
value accruing from or generated by assets;
(e) credit, rights of set-off, guarantees,
performance bonds and other financial commitments;
(f) letters of credit, bills of lading and
bills of sale;
(g) documents providing evidence of an interest
in funds or financial resources;
(h) any other instrument, being an instrument of
export financing.
(2) In
this Law, “economic resources” means assets of every kind, whether
tangible or intangible, and movable or immovable, that are not funds but can be
used to obtain funds, goods or services.
5 Meaning
of “relevant institution”
(1) In
this Law, “relevant institution” means –
(a) a person (whether or not an individual) who
carries on financial services business in or from within Jersey; or
(b) a person (not being an individual) who is
incorporated or constituted under the law of Jersey and carries on financial
services business in any part of the world.
(2) For
the purposes of paragraph (1), “financial services business”
has the same meaning as in the Proceeds of Crime (Jersey) Law 1999[3].
part 2
interim
designation and final designation
6 Power
to make interim designation
(1) The
Chief Minister may make an interim designation of a person if the Chief
Minister considers that it is necessary, for purposes connected with protecting
members of the public from terrorism, that financial restrictions should be
applied in relation to the person and –
(a) the Chief Minister reasonably suspects that
the person is or has been involved in terrorist activity;
(b) the Chief Minister reasonably suspects that
the person is owned or controlled directly or indirectly by a person who the
Chief Minister reasonably suspects is or has been involved in terrorist
activity; or
(c) the Chief Minister reasonably suspects that
the person is acting on behalf of or at the direction of a person who the Chief
Minister reasonably suspects is or has been involved in terrorist activity.
(2) Article 8(2)
to (4) apply for the purposes of this Article as they apply for the purposes of
Article 8.
(3) The
Chief Minister can not make more than one interim designation of the same
person in relation to the same, or substantially the same, evidence and cannot
renew an interim designation.
(4) Nothing
in this Article, however, prevents the making of a final designation in
accordance with Article 8 of a person who has been the subject of an
interim designation.
7 Duration
of interim designation
(1) An
interim designation of a person –
(a) is of no effect during any period when the
person is a designated person by virtue of Article 2(b) or (c); and
(b) expires at the end of the 30 days beginning
with the day on which it was made, or when a final designation of the person is
made, whichever is earlier.
(2) Where
an interim designation expires the Chief Minister must –
(a) give written notice of the expiry to the
designated person; and
(b) take reasonable steps to bring the expiry to
the attention of the persons who were informed of the designation under Article 10.
(3) Where
an interim designation expires on the making of a final designation in relation
to the same person –
(a) a notice under paragraph (2) may be
combined with written notice under Article 10 of the final designation;
and
(b) steps under paragraph (2) may be
combined with steps under Article 10 to publicize the final designation.
8 Power
to make final designation
(1) The
Chief Minister may make a final designation of a person if the Chief Minister
considers that it is necessary, for purposes connected with protecting members
of the public from terrorism, that financial restrictions should be applied in
relation to the person and –
(a) the Chief Minister reasonably believes that
the person is or has been involved in terrorist activity;
(b) the Chief Minister reasonably believes that
the person is owned or controlled directly or indirectly by a person who the
Chief Minister reasonably believes is or has been involved in terrorist
activity; or
(c) the Chief Minister reasonably believes that
the person is acting on behalf of or at the direction of a person who the Chief
Minister reasonably believes is or has been involved in terrorist activity.
(2) For
the purposes of this Article, involvement in terrorist activity is any one or
more of the following –
(a) the commission, preparation or instigation
of acts of terrorism;
(b) conduct that facilitates the commission,
preparation or instigation of such acts, or that is intended to do so;
(c) conduct that gives support or assistance to
persons who are known or believed by the person giving the support or assistance
to be involved in conduct falling within sub-paragraph (a) or (b).
(3) For
the purposes of this Article, it is immaterial whether the acts of terrorism in
question are specific acts of terrorism or acts of terrorism generally.
(4) The
reference in paragraph (1) to financial restrictions includes a reference
to restrictions relating to economic resources.
9 Duration
and renewal of final designation
(1) A
final designation of a person –
(a) is of no effect during any period when the
person is a designated person by virtue of Article 2(b) or (c); and
(b) expires 12 months after it was made, unless
it is renewed.
(2) The
Chief Minister may renew a final designation of a person at any time before it
expires, if the requirements for final designation under Article 8 are met
in respect of the person at the time of the renewal.
(3) A
final designation so renewed expires 12 months after it was renewed (or last
renewed), unless it is renewed again.
(4) Article 10
applies to the renewal under this Article of a final designation in the same
way as it applies to a final designation under Article 8.
(5) Where
a final designation expires the Chief Minister must –
(a) give written notice of the expiry to the
designated person; and
(b) take reasonable steps to bring the expiry to
the attention of the persons who were informed of the designation under Article 10.
(6) Nothing
in this Article prevents the Chief Minister from designating a person more than
once under Article 8.
10 Notification
of designation (interim or final)
(1) Where
the Chief Minister makes a designation of a person, the Chief Minister
must –
(a) give written notice of the designation to
the person; and
(b) take steps to publicize the designation.
(2) Unless
one or more of the following conditions is satisfied, the Chief Minister must
take steps to publicize the designation generally –
(a) the Chief Minister believes that the
designated person is an individual under the age of 18;
(b) the Chief Minister considers that disclosure
of the designation should be restricted –
(i) in
the interests of the security of Jersey or of any other country or territory,
(ii) for
reasons connected with the prevention or detection of serious crime, or
(iii) in
the interests of justice.
(3) If
one or more of those conditions is satisfied, the Chief Minister must inform
only such persons of the designation as the Chief Minister considers
appropriate.
(4) If
one or more of the conditions referred to in paragraph (2) is satisfied in
respect of a designation, but later none of the conditions referred to in paragraph (2)
is satisfied in respect of the designation, and the designation is still in
effect, the Chief Minister must –
(a) give written notice of that fact to the
designated person; and
(b) take steps to publicize the designation
generally.
11 Variation
or revocation of designation (interim or final)
(1) The
Chief Minister may at any time vary or revoke a designation.
(2) Where
the Chief Minister varies or revokes a designation of a person, the Chief
Minister must –
(a) give written notice of the variation or
revocation to the person; and
(b) take reasonable steps to bring the variation
or revocation to the attention of the persons who were informed of the
designation under Article 10.
(3) If
the Chief Minister refuses an application by a person for the variation or
revocation of the person’s designation by the Chief Minister, the Chief
Minister must give written notice of the refusal to the person.
12 Confidential
information
(1) Where
the Chief Minister in accordance with Article 10(3) informs only certain
persons of the designation of a person, the Chief Minister may specify that the
information conveyed in so informing those people is to be treated as
confidential.
(2) A
person who –
(a) is provided with information that is so
specified as to be treated as confidential; or
(b) obtains such information,
must not disclose it if the
person knows, or has reasonable cause to suspect, that the information has been
specified under paragraph (1) as information to be treated as confidential.
(3) Paragraph
(2) does not apply to any disclosure made by the person if that disclosure is
made with lawful authority.
(4) For
the purposes of paragraph (3), information is disclosed with lawful
authority only if and to the extent that –
(a) the disclosure is made by the Chief Minister
or authorized by the Chief Minister;
(b) the disclosure is made by the designated
person or made with the consent of the designated person;
(c) the disclosure is necessary to give effect
to a requirement imposed under or by virtue of this Law or any other enactment;
or
(d) the disclosure is required, under rules of
court, tribunal rules or a court or tribunal order, for the purposes of legal
proceedings of any description.
(5) This
Article does not prevent the disclosure of information that is already, or has
previously been, available to the public from other sources.
(6) A
person who contravenes paragraph (2) commits an offence and is liable to
imprisonment for a term of 2 years and to a fine.
(7) The
Royal Court may, on the application of the designated person who is the subject
of the information, or on the application of the Attorney General or the Chief
Minister, grant an injunction to prevent a breach of paragraph (2).
part 3
PROHIBITIONS
IN RELATION TO DESIGNATED PERSONS
13 Freezing
of funds and economic resources
(1) A
person (“P”) must not deal with funds or economic resources owned,
held or controlled by a designated person if P knows, or has reasonable cause
to suspect, that P is dealing with such funds or economic resources.
(2) In
paragraph (1) “deal with” means –
(a) in relation to funds –
(i) use,
alter, move, allow access to, or transfer, the funds,
(ii) deal
with the funds in any other way that would result in any change in their
volume, amount, location, ownership, possession, character or destination, or
(iii) make
any other change that would enable use of the funds, including by way of, or in
the course of, portfolio management; or
(b) in relation to economic resources, exchange,
or use in exchange, for funds, goods or services.
(3) A
person who contravenes paragraph (1) commits an offence and is liable to
imprisonment for a term of 7 years and to a fine.
14 Making
funds or financial services available to designated person
(1) A
person (“P”) must not make funds or financial services available
(directly or indirectly) to a designated person if P knows, or has reasonable
cause to suspect, that P is making the funds or financial services so
available.
(2) A
person who contravenes paragraph (1) commits an offence and is liable to
imprisonment for a term of 7 years and to a fine.
15 Making
funds or financial services available for benefit of designated person
(1) A
person (“P”) must not make funds or financial services available to
any person for the benefit of a designated person if P knows, or has reasonable
cause to suspect, that P is making the funds or financial services so
available.
(2) For
the purposes of paragraph (1) –
(a) funds are made available for the benefit of
a designated person only if that person thereby obtains, or is able to obtain,
a significant financial benefit; and
(b) “financial benefit” includes the
discharge of a financial obligation for which the designated person is wholly
or partly responsible.
(3) A
person who contravenes paragraph (1) commits an offence and is liable to
imprisonment for a term of 7 years and to a fine.
16 Making
economic resources available to designated person
(1) A
person (“P”) must not make economic resources available (directly
or indirectly) to a designated person if P knows, or has reasonable cause to
suspect –
(a) that P is making the economic resources so
available; and
(b) that the designated person would be likely
to exchange the economic resources, or use them in exchange, for funds, goods
or services.
(2) A
person who contravenes paragraph (1) commits an offence and is liable to
imprisonment for a term of 7 years and to a fine.
17 Making
economic resources available for benefit of designated person
(1) A
person (“P”) must not make economic resources available to any
person for the benefit of a designated person if P knows, or has reasonable
cause to suspect, that P is making the economic resources so available.
(2) For
the purposes of paragraph (1) –
(a) economic resources are made available for the
benefit of a designated person only if that person thereby obtains, or is able
to obtain, a significant financial benefit; and
(b) “financial benefit” includes the
discharge of a financial obligation for which the designated person is wholly
or partly responsible.
(3) A
person who contravenes paragraph (1) commits an offence and is liable to
imprisonment for a term of 7 years and to a fine.
18 Exceptions
(1) Article 13(1),
14(1) or 15(1) is not contravened by a relevant institution crediting a frozen
account with –
(a) interest or other earnings due on the
account; or
(b) payments due under contracts, agreements or
obligations that were concluded or arose before the account became a frozen
account.
(2) Article 14(1)
and 15(1) do not prevent a relevant institution from crediting a frozen account
where it receives funds transferred to the account.
(3) Article 15(1)
is not contravened by the making of a payment that –
(a) is a benefit under or by virtue of an
enactment relating to social security (irrespective of the name or nature of
the benefit); and
(b) is made to a person who is not a designated
person, whether or not the payment is made in respect of a designated person.
(4) A
relevant institution must, as soon as practicable but in any case within 14 days,
inform the Chief Minister if it credits a frozen account with a payment
referred to in paragraph (1)(b) or in the circumstances referred to in paragraph (2).
(5) A
failure to comply with paragraph (4) does not constitute an offence but
the Royal Court may, on the application of the Attorney General or the Chief
Minister, grant an injunction or other order in respect of compliance with paragraph (4).
(6) In
this Article “frozen account” means an account with a relevant
institution, being an account held or controlled (directly or indirectly) by a
designated person.
19 Licences
(1) Article
13(1), 14(1), 15(1), 16(1) or 17(1) does not apply to anything done under the
authority of a licence granted by the Chief Minister under this Article.
(2) The
Chief Minister may grant a licence in respect of a designated person.
(3) A
licence granted under this Article –
(a) must specify the acts authorized by it;
(b) may be general or granted to a category of
persons or to a particular person;
(c) may be unconditional or subject to
conditions; and
(d) may be unlimited or limited in duration.
(4) The
Chief Minister may at any time vary or revoke a licence granted under this
Article.
(5) On
the grant, variation or revocation of a licence under this Article, the Chief
Minister must –
(a) in the case of a licence granted to a
particular person, give written notice of the grant, variation or revocation to
that person; or
(b) in the case of a general licence or a
licence granted to a category of persons, take such steps as the Chief Minister
considers appropriate to publicize the grant, variation or revocation of the
licence.
(6) A
person who, for the purpose of obtaining a licence under this Article,
knowingly or recklessly –
(a) provides information that is false in a
material respect; or
(b) provides or produces a document that is not
what it purports to be,
commits an offence and is liable
to imprisonment for a term of 2 years and to a fine.
(7) A
person who purports to act under the authority of a licence granted under this Article
but fails to comply with any condition to which the licence is subject commits
an offence and is liable to imprisonment for a term of 2 years and to a
fine.
20 Circumventing
prohibitions etc.
(1) A
person must not intentionally participate in activities knowing that the object
or effect of them is (whether directly or indirectly) –
(a) to circumvent Article 13(1), 14(1),
15(1), 16(1) or 17(1); or
(b) to enable or facilitate the contravention of
any of those provisions.
(2) A
person who contravenes paragraph (1) commits an offence and is liable to
imprisonment for a term of 7 years and to a fine.
part 4
INFORMATION
21 Reporting
obligations of relevant institutions
(1) A
relevant institution must inform the Chief Minister as soon as practicable
if –
(a) it holds an account of a person, has entered
into dealings or an agreement with a person or has been approached by or on
behalf of a person;
(b) it knows, or has reasonable cause to
suspect, that the person –
(i) is
a designated person, or
(ii) has
committed an offence under Part 3; and
(c) the information or other matter on which the
knowledge or reasonable cause for suspicion is based came to it in the course
of carrying on its business.
(2) The
information given to the Chief Minister under paragraph (1) must
include –
(a) the information or other matter on which the
institution’s knowledge or reasonable cause for suspicion is based;
(b) any information that the institution holds
about the person by which the person can be identified; and
(c) if the person is a customer or client of the
institution, the nature and amount or quantity of any funds or economic
resources held by the institution for the person at the time when –
(i) the
institution first had the knowledge or reasonable cause for suspicion, or
(ii) this
Article came into force,
whichever time is the later.
(3) A
relevant institution that fails to comply with paragraph (1) commits an
offence and is liable to imprisonment for a term of 12 months and to a fine of
level 4 on the standard scale.
22 Powers
to require information
(1) The
Chief Minister may require a designated person to provide information
concerning –
(a) funds or economic resources owned, held or
controlled by, or on behalf of, the designated
person; or
(b) any disposal of such funds or economic
resources.
(2) The
Chief Minister may require a designated person to provide such information as
the Chief Minister may reasonably require about expenditure –
(a) by or on behalf of the designated person; or
(b) for the benefit of the designated person.
(3) The
power in paragraph (1) or (2) is exercisable only where the Chief Minister
believes that it is necessary for the purpose of monitoring compliance with or
detecting evasion of this Law.
(4) The
Chief Minister may require a person acting under a licence granted under Article 19
to provide information concerning –
(a) funds or economic resources dealt with under
the licence; or
(b) funds, economic resources or financial
services made available under the licence.
(5) The
Chief Minister may require any person in or resident in Jersey to provide such
information as the Chief Minister may reasonably require for the purpose
of –
(a) establishing for the purposes of this
Law –
(i) the
nature and amount or quantity of any funds or economic resources owned, held or
controlled by or on behalf of a designated person,
(ii) the
nature and amount or quantity of any funds, economic resources or financial
services made available directly or indirectly to, or for the benefit of, a
designated person, or
(iii) the
nature of any financial transactions entered into by a designated person;
(b) monitoring compliance with or detecting
evasion of this Law; or
(c) obtaining evidence of the commission of an
offence under this Law.
(6) The
Chief Minister may specify the manner in which, and the period within which,
information is to be provided, being information that the Chief Minister
requires to be provided under this Article.
(7) If
no such period is specified, the information so required to be provided must be
provided within a reasonable time.
(8) A
requirement under this Article may impose a continuing obligation to keep the
Chief Minister informed as circumstances change, or on such regular basis as
the Chief Minister may specify.
(9) Information
required to be provided under this Article may relate to any period during
which a person is, or was, a designated person.
(10) Information
referred to in paragraph (1)(b), (2) or (5)(a)(iii) and required under
this Article to be provided in relation to a designated person may relate to
any period before the person became a designated person (as well as, or instead
of, any period during which the person is a designated person).
23 Production
of documents
(1) A
requirement under Article 22 may include a requirement to produce specified
documents or documents of a specified description.
(2) Where
the Chief Minister requires under Article 22 that one or more documents be
produced, the Chief Minister may –
(a) take copies of or extracts from any document
so produced;
(b) require any person so producing a document
to give an explanation of the document; and
(c) where a person so producing a document is a
partnership, association or body corporate, require a person who
is –
(i) in
the case of a partnership, a present or past partner or employee of the
partnership,
(ii) in
any other case, a present or past officer or employee of the association or
body corporate,
to give an explanation of the
document.
(3) Where
the Chief Minister requires under Article 22 a designated person, or a
person acting under a licence granted under Article 19, to produce one or
more documents, the person must –
(a) take reasonable steps to obtain the
documents (if not already in the person’s possession or control); and
(b) keep the documents under the person’s
possession or control (except for the purpose of providing them to the Chief
Minister or as the Chief Minister may otherwise permit).
24 Failure
to comply with requirement for information
(1) A
person commits an offence and is liable to imprisonment for a term of 12 months
and to a fine of level 4 on the standard scale if the person –
(a) without reasonable excuse refuses or fails
within the time and in the manner specified (or, if no time has been specified,
within a reasonable time) to comply with a requirement made under this Part;
(b) knowingly or recklessly gives any
information, or produces any document, that is false in a material particular
in response to such a requirement;
(c) with intent to evade the provisions of this
Part, destroys, mutilates, defaces, conceals or removes a document; or
(d) otherwise intentionally obstructs the Chief
Minister in the exercise of the Chief Minister’s powers under this Part.
(2) A
court that convicts a person of an offence under this Article may make an order
requiring the person, within such period as may be specified in the order, to
comply with the relevant requirement in accordance with the order, or to do
such other thing relating to the requirement as the court orders.
25 General
power to disclose information
(1) The
Chief Minister may disclose any information obtained by him or her in exercise
of his or her powers under this Part (including any document so obtained and
any copy or extract made of any document so obtained) –
(a) to the Attorney General;
(b) to a member of the States of Jersey Police
Force;
(c) to a person holding or acting in any office
under or in the service of –
(i) the
Crown in right of the Government of the United Kingdom,
(ii) the
Crown in right of the Scottish Administration, the Northern Ireland
Administration or the Welsh Assembly Government,
(iii) the
States of Jersey, Guernsey or Alderney or the Chief Pleas of Sark,
(iv) the
Government of the Isle of Man, or
(v) the
Government of any British overseas territory;
(d) to any law officer of the Crown for Guernsey
or of the Crown for the Isle of Man;
(e) to the Legal Services Commission (of the
United Kingdom), the Scottish Legal Aid Board or the Northern Ireland Legal
Services Commission;
(f) to the Financial Services Authority
(of the United Kingdom), the Jersey Financial Services Commission, the Guernsey
Financial Services Commission, the Isle of Man Insurance and Pensions Authority
or the Isle of Man Financial Supervision Commission;
(g) for the purpose of giving assistance or
co-operation, pursuant to the relevant Security Council Resolutions,
to –
(i) any
organ of the United Nations, or
(ii) any
person in the service of the United Nations, the Council of the European Union,
the European Commission or the Government of any country;
(h) with a view to instituting, or otherwise for
the purposes of, any proceedings –
(i) in
the United Kingdom, for an offence under the Terrorist Asset-Freezing etc. Act 2010
(c.38) of the United Kingdom,
(ii) in
Jersey, for an offence under this Law, or
(iii) in
any of the other Channel Islands, in the Isle of Man or in any British overseas
territory, for an offence under an enactment in force there, being an enactment
that is similar to the enactment referred to in clause (i) or (ii); or
(i) with the consent of a person who, in
his or her own right, is entitled to the information or to possession of the
document, copy or extract, to a third party.
(2) In
paragraph (1)(i) “in his or her own right” means not merely in
the capacity as a servant or agent of another person.
26 Co-operation
with investigations
(1) The
Attorney General must take such steps as he or she considers appropriate to
co-operate with an investigation relating to the funds, economic resources or
financial transactions of a designated person.
(2) The
Chief Minister must take such steps as he or she considers appropriate to
co-operate with an investigation relating to the funds, economic resources or
financial transactions of a designated person.
(3) Paragraphs
(1) and (2) apply whether the investigation takes place in Jersey or elsewhere.
27 Application
of provisions
(1) Nothing
done in accordance with this Part is to be treated as a breach of any
restriction imposed by contract, enactment or otherwise.
(2) However,
nothing in this Part authorizes a disclosure that –
(a) contravenes the Data Protection (Jersey) Law 2005[4]; or
(b) is prohibited by Part 2 of the Regulation of
Investigatory Powers (Jersey) Law 2005[5].
(3) Nothing
in this Part is to be read as requiring a person (“P”) who has
acted for another person in the capacity of advocate, counsel or solicitor, or
otherwise in the capacity of lawyer, to disclose any privileged information that
is in P’s possession in that capacity.
(4) This
Part does not limit the circumstances in which information may be disclosed
otherwise than by virtue of this Part.
(5) This
Part does not limit the powers of the Chief Minister to impose conditions in
connection with the performance of the Chief Minister’s functions under Article 19.
(6) In
this Article –
“information”
includes documents;
“privileged
information” means information with respect to which a claim to legal
professional privilege could be maintained in legal proceedings.
part 5
review
28 Appeal
to Royal Court
(1) This
Article applies to any decision of the Chief Minister –
(a) to make or vary an interim or final
designation of a person;
(b) to renew a final designation of a person; or
(c) not to vary or revoke an interim or final
designation of a person.
(2) The
person may appeal against any such decision to the Royal Court.
(3) On
such an appeal, the Royal Court may make such order as it thinks appropriate.
(4) The
making of an appeal under this Article does not suspend the effect of the
decision to which the appeal relates.
29 Review
of decisions by Royal Court
(1) This
Article applies to any decision of the Chief Minister taken in the performance
of, or in connection with, his or her functions under this Law, other than a
decision to which Article 28 applies.
(2) A
person affected by a decision to which this Article applies may apply to the
Royal Court for the decision to be set aside.
(3) In
determining whether the decision should be set aside, the Court must apply the
principles applicable on an application for judicial review.
(4) If
the Court decides that the decision should be set aside it may make any such
order, or give any such relief, as may be made or given in proceedings for
judicial review.
30 Rules
for appeals and reviews
Schedule 1 has effect.
31 Report
on operation of Law
(1) As
soon as reasonably practicable after the end of each reporting period during
which the Chief Minister performs any function under this Law, the Chief
Minister shall –
(a) prepare a report about the performance of
that function during that period; and
(b) lay a copy of the report before the States.
(2) For
the purposes of paragraph (1), the reporting periods are the 3-month
periods ending at midnight on 31st March, 30th June, 30th September and 31st
December in each year, being 3-month periods during which this Article is in
force.
(3) However,
the first reporting period is to commence with the commencement of this Article
and to end on whichever of the days specified in paragraph (2) first falls
at least 3 months after that commencement.
32 Independent
review of operation of Law
(1) The
Chief Minister must appoint a person to review the operation, during any year,
of this Law if –
(a) during part or all of the year a designation
under this Law, or a licence granted under Article 19, was in effect; or
(b) during the year the Chief Minister performed
any function under this Law (other than the function under Article 31(1)).
(2) The
person so appointed must carry out a review of the operation of this Law as
soon as reasonably practicable after the end of the relevant year and send the
Chief Minister a report of the findings of the review as soon as reasonably
practicable after completing the review.
(3) On
receiving such a report, the Chief Minister must lay a copy of it before the
States.
(4) The
Chief Minister may pay the expenses of a person who conducts such a review and
also such allowances as the Chief Minister determines.
part 6
offences
33 Extra-territorial
application of provisions about offences
(1) An
offence under this Law may be constituted by conduct (including acts and
omissions) wholly or partly outside Jersey by –
(a) a UK national who is ordinarily resident in
Jersey; or
(b) a person incorporated or constituted under
the law of Jersey.
(2) In
paragraph (1) “UK national” means –
(a) a British citizen, a British National
(Overseas), a British Overseas citizen or a British overseas territories (where
each of those terms has its meaning in the British Nationality Act 1981
(c. 61) of the United Kingdom);
(b) a person who under that Act is a British
subject; or
(c) a British protected person within the
meaning of that Act.
(3) Where
an offence under this Law is committed outside Jersey –
(a) proceedings for the offence may be brought
in Jersey; and
(b) the offence may for all incidental purposes
be treated as having been committed in Jersey.
(4) Nothing
in this Article affects any criminal liability arising otherwise than by virtue
of this Article.
34 Responsibility
of directors, partners and officers
(1) Where
an offence under this Law committed by a partnership, association or body
corporate, is proved to have been committed with the consent or connivance of,
or to be attributable to any neglect on the part of –
(a) a person who is a partner of the
partnership, or a director, manager, secretary or other similar officer of the
association or body corporate; or
(b) any person purporting to act in any such
capacity,
the person shall also be guilty
of the offence and liable in the same manner as the partnership, association or
body corporate to the penalty provided for that offence.
(2) If
the affairs of an association or of a body corporate are managed by its
members, paragraph (1) shall apply in relation to acts and defaults of a
member in connection with the member’s functions of management as if the
member were a director of the association or body corporate.
35 Consent
to prosecution
Proceedings for an offence under
this Law (other than an offence under Article 21(3) or 24) may not be
instituted except by, or with the consent of, the Attorney General.
36 Procedure
for offences by unincorporated associations
(1) A
fine imposed on an unincorporated association on its conviction of an offence
under this Law must be paid out of the funds of the association.
(2) Paragraphs
(3) and (4) apply if it is alleged that an offence under this Law has been
committed by an unincorporated association (that is, not by a member of the
association).
(3) Proceedings
for such an offence must be brought in the name of the association.
(4) For
the purposes of such proceedings, any rules of court relating to the service of
documents have effect as if the association were a body corporate (to the
extent that those rules do not make specific provision for service on
unincorporated associations).
part 7
miscellaneous
37 Service
of notices
(1) This
Article applies to any notice to be given to a person by the Chief Minister
under this Law.
(2) Any
such notice may be given –
(a) by posting it to the person’s last
known address; or
(b) where the person is a body corporate,
partnership or unincorporated body other than a partnership, by posting it to
the registered or principal office of the body or partnership concerned.
(3) If
the Chief Minister does not have an address for the person, the Chief Minister
must take reasonable steps to give the notice to the person at the first
available opportunity.
38 Delegation
(1) The
Chief Minister may, by instrument in writing, delegate wholly or partly any of
his or her functions under this Law to any other person or to any body.
(2) The
delegation may be unconditional or subject to any condition specified in the
instrument of delegation.
(3) The
Chief Minister shall not delegate any power to make Orders under this Law.
(4) The
delegation of functions by the Chief Minister under this Article shall not
prevent the Chief Minister performing those functions personally.
(5) Where
any licence, permit or authorization is granted in purported performance of a
function delegated under paragraph (1), no criminal proceedings shall lie
against any person for any act done, or omitted to be done, in good faith and
in accordance with the terms of the licence, permit or authorization, by reason
that the function had not been delegated, or that any requirement attached to
the delegation of the function had not been complied with.
(6) Nothing
in this Article affects the operation of Article 28 of the States of
Jersey Law 2005[6].
39 Orders
(1) The
Chief Minister may make Orders, not inconsistent with this Law, for or with
respect to any matter that by this Law is required or permitted to be
prescribed by Order or that is necessary or convenient to be prescribed by
Order for carrying out or giving effect to this Law.
(2) An
Order made under this Law may contain such transitional, consequential, incidental
or supplementary provisions, or such savings, as appear to the Chief Minister
to be necessary or expedient for the purposes of the Order.
40 Regulations
in general and for consequential purposes
(1) The
States may by Regulations amend Schedule 1 and any of Articles 1, 2,
3, 4, 5, 6 and 8.
(2) The
States may by Regulations make amendments to enactments other than this Law,
being amendments consequential on the enactment of this Law.
(3) The
States may make Regulations, not inconsistent with this Law, for or with
respect to any matter that by this Law is required or permitted to be
prescribed by Regulations or that is necessary or convenient to be prescribed
by Regulations for carrying out or giving effect to this Law.
(4) Regulations
made under this Law may contain such transitional, consequential, incidental or
supplementary provisions, or such savings, as appear to the States to be
necessary or expedient for the purposes of the Regulations.
41 Amendment
of other legislation
Schedule 2 has effect.
42 Savings
and transitional provisions
(1) The
States may, by Regulations, make provision of a saving or transitional nature
consequent on the enactment of this Law.
(2) A
provision of Regulations made under this Article may, if the Regulations so
provide, come into force on the day on which this Article comes into force or
on a later day.
(3) To
the extent to which any such provision comes into force on a date that is
earlier than the date of its promulgation, the provision does not operate so
as –
(a) to affect, in a manner prejudicial to any
person (other than the States or an administration of the States), the rights
of that person existing before the date of its promulgation; or
(b) to impose liabilities on any person (other
than the States or an administration of the States) in respect of anything done
or omitted to be done before the date of its promulgation.
43 Citation
and commencement
(1) This
Law may be cited as the Terrorist Asset-Freezing (Jersey) Law 2011.
(2) This
Law shall come into force on registration.
l.-m. hart
Assistant Greffier of the States