Sanctions
and Asset-Freezing (Amendment No. 3)
(Jersey) Law 2023
Adopted
by the States 21st March 2023
Sanctioned
by Order of His Majesty in Council 17th May 2023
Registered by the Royal Court 7th July 2023
Coming into force in accordance with Article 46
THE STATES, subject to the sanction of His Most
Excellent Majesty in Council, have adopted the following Law –
Part 1
Removal
of power to implement EU sanctions
1 Amendment of the Sanctions and Asset-Freezing
(Jersey) Law 2019
This Part amends the Sanctions and
Asset-Freezing (Jersey) Law 2019.
2 Article 1
(interpretation) amended
In Article 1 –
(a) in paragraph (1) –
(i) for the definition “designation” there is
substituted –
“ “designation” means
designation under Article 3(4), Part 4 or Part 5;”,
(ii) the definitions “EU”,
“EU Implementation Law”, “EU provision” and “EU sanctions provision” are
deleted,
(iii) for the definition “UK
sanctions provision” there is substituted –
“ “UK sanctions provision” has the meaning given by Article 3(1)(a);”;
(b) for paragraph (2)
there is substituted –
“(2) In
relation to a reference to an enactment of the UK in this Law, or in an Order
under this Law, unless otherwise provided –
(a) Article 9(3) of the Interpretation
(Jersey) Law 1954 applies to that
reference as it applies to a reference to a Law; and
(b) Article 6 of the Legislation
(Jersey) Law 2021 applies in relation
to that enactment of the UK, and to any enactment of the UK that repeals that
enactment, as it applies in relation to Jersey legislation.”.
3 Heading
to Part 2 (implementation of UK and EU sanctions) substituted
In the heading to Part 2
for “UK and EU sanctions” there is substituted “UK sanctions”.
4 Article 3
(implementation of UK and EU sanctions provisions through Orders) substituted
For Article 3 there
is substituted –
“3 Implementation
of UK sanctions provisions through Orders
(1) The
Minister may by Order make provision appearing to the Minister to be necessary
or expedient for the purposes of –
(2) The
provision that may be made under paragraph (1) includes provision by way
of an amendment of an enactment other than this Law or the Human Rights
(Jersey) Law 2000, and of any other provision that may be made
by a Law, but does not include provision –
(a) imposing a penalty of
imprisonment for more than 7 years for a criminal offence;
(b) imposing or increasing
taxation; or
(c) taking effect from a date
earlier than that of the making of the Order containing the provision.
(a) make provision by
reference to or by incorporation (by reference, annexation or otherwise) of a
UK sanctions provision, or of any class or description of UK sanctions
provision;
(b) when making the provision
described in sub-paragraph (a) –
(i) do so to the extent and subject to the
exceptions, adaptations and modifications to the UK sanctions provision that
may be specified in the Order,
(ii) make exceptions,
adaptations or modifications mentioned in clause (i) by providing that
references to the UK are to be treated as references to Jersey, or to Jersey
and the UK, or that references to any part of the British Islands are to be
treated as references to any other part;
(c) include provision made
under any of Articles 4 to 7;
(d) include provision that is
incidental, supplemental, consequential, transitional or saving in relation to
the Order.
(a) a UK sanctions provision
imposes financial sanctions; and
(b) the person is designated
under that provision, or under another UK sanctions provision in relation to
that provision.
(6) In
paragraph (5) “imposes financial sanctions” and “designated” have the
meanings that they have in Part 1 of the Sanctions and Anti-Money Laundering
Act 2018 of the UK.
(7) If
an Order makes provision described in paragraph (4) in relation to a UK
sanctions provision, the Order may provide, for the purpose of any prohibitions
in Part 3 –
(i) as an exception under Article 15(3A)
to that prohibition in Part 3, or
(ii) as a ground for the
grant of a licence under Article 16(3A)(b) in relation to that prohibition
in Part 3; and
(b) that a UK licence provision
has effect as a ground on which the Minister may grant a licence under Article 16(3A)(b)
in relation to that prohibition in Part 3.
(8) For
the purpose of paragraph (7) –
(a) a “UK
exception provision” is an exception, in the UK sanctions provision, to a
prohibition in the UK sanctions provision corresponding to the prohibition in
Part 3;
(b) a “UK
licence provision” is a power or duty, in the UK sanctions provision, to
grant a licence in relation to a prohibition in the UK sanctions provision corresponding
to the prohibition in Part 3;
(c) a UK
exception provision or UK licence provision may be given effect with or
without adaptations and modifications under paragraph (3)(b);
(d) a UK exception provision
may be given effect subject to a condition, which may include a condition as to
giving information to the Minister before or after
relying on the exception; and
(e) an Order imposing a
condition under sub-paragraph (d) may provide –
(i) that the exception does not apply unless
the condition is met, or
(ii) that Article 15(5)
applies to a failure to comply with the condition.
(9) Paragraphs (3)
to (8) do not limit paragraph (1), and paragraphs (7) and (8) do not limit
paragraph (3) or (4).”.
5 Article 4
(implementation of UK and EU provisions: financial services) amended
In Article 4 –
(a) in
the heading for “UK and EU provisions” there is substituted “UK provisions”;
(b) in paragraph (1) “or
an EU sanctions provision” is deleted;
(c) in paragraph (2) “or
EU sanctions provision” is deleted;
(d) for paragraph (3)(a)
there is substituted –
“(a) the UK sanctions provision would not otherwise impose the
obligation or prohibition on persons of that description in the UK; and”.
6 Article 5
(general provisions Orders) amended
In Article 5 –
(a) in paragraph (2)(a)
“or EU sanctions provisions” is deleted;
(b) in paragraph (2)(b)
“or EU sanctions provision” is deleted.
7 Article 6
(interpretation of Orders and of UK and EU provisions) amended
In Article 6 –
(a) in the heading for “UK
and EU provisions” there is substituted “UK provisions”;
(b) in paragraph (1) “or
an EU sanctions provision” is deleted;
(c) paragraphs (3), (4)
and (5) are deleted.
8 Article 8
(implementation of UK and EU blocking provisions) amended
In Article 8 –
(a) in
the heading for “UK and EU blocking provisions” there is substituted “UK blocking
provisions”;
(b) in paragraph (2)(a) –
(i) at the start there is inserted “any
enactment of the UK that, as retained EU law under the European Union
(Withdrawal) Act 2018 of the UK, gives effect to”,
(ii) for “and any EU” there
is substituted “or to any EU”;
(c) paragraph (2)(c) is
deleted;
(d) in paragraph (2)(d)
“or EU” is deleted.
9 Article 9
(meaning of “designated person”) amended
For Article 9(1)(a) there
is substituted –
“(a) a provision included,
under Article 3(4), in an Order implementing a UK sanctions provision;”.
10 Article 15 (exceptions) amended
In Article 15(3A)(a)
for “Article 3(9)(a)(i)” there is substituted “Article 3(7)(a)(i)”.
11 Article 16 (licences) amended
In Article 16(3A)(b)
for “Article 3(9)(a)(ii) or (b)” there is substituted “Article 3(7)(a)(ii)
or (b)”.
12 Article 19
(designation by virtue of UK, EU or UN listing related to terrorism) amended
In the heading to Article 19
for “UK, EU or UN listing” there is substituted “UK or UN listing”.
13 Article 29
(interim designation of UN-listed person when UNSCR is implemented by UK or EU)
amended
In Article 29 –
(a) in the heading “or EU” is
deleted;
(b) paragraph (1)(b)(ii)
is deleted.
14 Article 30
(designation by interim UN asset-freezing Order) amended
In Article 30(5)(b)
for “or an EU sanctions provision, that implements (in the UK or the EU) the
relevant UN resolution” there is substituted “that implements the relevant UN
resolution in the UK”.
15 Article 31
(designation by final UN asset-freezing Order) amended
In Article 31 –
(a) in paragraph (3) for
“whether the UK or the EU” there is substituted “whether the UK”;
(b) in paragraph (3)(a)
for “the UK or the EU, or both,” there is substituted “the UK”;
(c) in paragraph (3)(b) –
(i) for “neither the UK nor the EU has” there
is substituted “the UK has not”,
(ii) for “the UK and the EU”
there is substituted “the UK”.
16 Article 36
(general power to disclose information) amended
In Article 36 –
(a) in paragraph (1)(g)
for “EU sanctions provision that is given effect under Article 3, or of
any of their functions under any other EU provision by virtue of which a person
is a designated person under Article 19 or 29” there is substituted “EU
provision that corresponds to a provision of or under this Law”;
(b) in paragraph (1)(h)(iv)
for “EU sanctions provision that is given effect under Article 3, or an
offence under any other EU provision by virtue of which a person is a
designated person under Article 19 or 29” there is substituted “EU
provision that corresponds to a provision of or under this Law”;
(c) after paragraph (2)
there is inserted –
17 Article 47
(power to amend other enactments in relation to related matters) amended
In Article 47(2)(i)
for “EU Implementation Law” there is substituted “European Union
Legislation (Implementation) (Jersey) Law 2014”.
Part 2
Amendments
for FATF and other purposes
18 Amendment of the Sanctions and Asset-Freezing
(Jersey) Law 2019
This Part amends the Sanctions and
Asset-Freezing (Jersey) Law 2019.
19 Article 3 (implementation of UK and
EU sanctions provisions through Orders) amended
After Article 3(7)(b)
(as substituted by Article 4 of this Law) there is inserted –
“(c) that a general licence,
granted in the UK under a UK licence provision, has effect in Jersey as if it
had been granted by the Minister under Article 16, subject to any
adaptations or modifications under paragraph (3)(b).”.
20 Article 5 (general provisions Orders) amended
In Article 5(4), for
“Article 11(4) of the Interpretation
(Jersey) Law 1954” there is substituted
“Article 9(2) of the Legislation
(Jersey) Law 2021”.
21 Article 15 (exceptions) amended
After Article 15(3A)
there is inserted –
“(3B) An
act does not contravene a provision of this Part in relation to a designated
person if the act is one that a responsible officer has determined would be in
the interests of –
(a) national security; or
(b) the prevention or detection
of crime in Jersey or elsewhere.
(3C) For
the purpose of paragraph (3B) a responsible officer is a person acting in
the course of that person’s duty as –
(a) a member of the States of
Jersey Police Force;
(b) a member of the financial
intelligence unit established under Article 41B of the Proceeds of
Crime (Jersey) Law 1999;
(c) a Law Officer, or a
person acting on behalf of a Law Officer;
(d) the Minister, or a person
acting on behalf of the Minister, when performing a function under this Law.”.
22 Article 16 (licences) amended
In Article 16(3)(a) for
“specify” there is substituted “describe”.
23 Article 20 (power of Minister to make
interim terrorism designation) amended
In Article 20 –
(a) after paragraph (2) there is inserted –
“(2A) Paragraph (2)
applies whether or not any criminal proceedings have been taken against the
person.”;
(b) after paragraph (5)
there is inserted –
“(5A) Nothing
in this Article requires the Minister to notify a person, before making the
designation, that the Minister is considering making an interim terrorism
designation of that person.”.
24 Article 22 (power of Minister to make
final terrorism designation) amended
In Article 22 –
(a) after paragraph (2)
there is inserted –
“(2A) Paragraph (2)
applies whether or not any criminal proceedings have been taken against the
person.”;
(b) after paragraph (3)
there is inserted –
“(3A) Nothing
in this Article requires the Minister to notify a person, before making the
designation, that the Minister is considering making a final terrorism
designation of that person.”;
(c) in paragraph (4) “or
renewal” is deleted.
25 Article 23 (duration and renewal of
final terrorism designation) substituted
For Article 23 there
is substituted –
“23 Duration and review of final terrorism
designation
(1) A
final terrorism designation of a person remains in effect until it is revoked
under Article 25, except that its effect is suspended during a period when
the person is a designated person under a provision of this Law other than
Article 20 or 22.
(2) The
Minister must –
(a) keep a final terrorism
designation under review;
(b) reconsider at least once
in every calendar year, after that in which the designation is first made,
whether there are still grounds under Article 22 for the designation; and
(c) revoke the designation if
satisfied that there are no longer any grounds for it under Article 22,
whether as a result of consideration under sub-paragraph (a) or (b) or
otherwise.
(3) If,
under paragraph (2)(c) or otherwise, the Minister revokes a designation,
nothing in this Article prevents the Minister from designating the person again
under any power in this Law.”.
26 Article 25 (variation
or revocation of interim or final terrorism designation) amended
For Article 25(3)
there is substituted –
“(3) If
a person applies to the Minister for the variation or revocation of the person’s
designation –
(a) the Minister must decide
on the application within 28 days of receiving sufficient information to make a
decision; and
(b) if the Minister refuses the
application, the Minister must give written notice of the refusal to the person.”.
27 Article 29 (interim designation of
UN-listed person when UNSCR is implemented by UK) amended
In Article 29 –
(a) paragraph (1)(b) is
deleted;
(b) in paragraph (1)(c)
for “30 days” there is substituted “90 days”;
(c) paragraph (2)(b)(ii)
is deleted.
28 Article 31 (designation by final UN
asset-freezing order) amended
For Article 31(6)
there is substituted –
(a) keep a final UN
asset-freezing Order under review;
(b) reconsider at least once
in every calendar year, after that in which the Order is made, whether there
are still grounds under this Article for the Order; and
(c) revoke the Order if
satisfied that there are no longer any grounds for it under this Article,
whether as a result of consideration under sub-paragraph (a) or (b) or
otherwise.”.
29 Article 32 (reporting obligations of
relevant financial institutions and statutory authorities) amended
After Article 32(2)(c)
there is inserted –
30 Article 33 (powers to require
information) amended
In Article 33(5) –
(a) for “any person in or
resident in Jersey” there is substituted “a relevant financial institution, or
any other person in or resident in Jersey,”;
(b) after sub-paragraph (a)
there is inserted –
“(aa) deciding whether to make,
vary or revoke an interim terrorism designation or a final terrorism
designation of a person under this Law;”.
31 Article 34 (production of documents)
amended
In Article 34 –
(a) in the opening words of
paragraph (3), for “a designated person, or a person acting under a
licence granted under Article 16,” there is substituted “a person
described in paragraph (4)”;
(b) in paragraph (3)(a)
for “(if not already in the person’s possession or control)” there is
substituted “(if not already in the person’s possession or control, and regardless
of whether in Jersey or elsewhere)”;
(c) after paragraph (3)
there is inserted –
(a) a designated person;
(b) a relevant financial
institution; and
(c) any other person acting
under a licence granted under Article 16.”.
32 Article 37 (co-operation with
investigations) amended
In Article 37 –
(a) in paragraph (1) for
“person” there is substituted “person, or otherwise relating to an offence
under this Law or to an equivalent offence under the law of another country or
territory”;
(b) in paragraph (2) for
“person” there is substituted “person, or otherwise relating to an offence
under this Law or to an equivalent offence under the law of another country or
territory”.
33 Article 37A (publication of procedures and memorandum of
understanding) amended
In Article 37A(3) for “Her
Majesty’s Government” there is substituted “His Majesty’s Government”.
34 Article 40 (appeal to Royal Court on
certain decisions) amended
Article 40(1)(d) is
deleted.
35 Article 43A (requests for
assistance with UN de-listing) amended
In Article 43A –
(a) for paragraphs (1)
and (2) there is substituted –
“(1) A
UN-listed person who is a designated person may request the Minister to use the
Minister’s best endeavours to secure that the person ceases to be a UN-listed
person.
(2) If
the Minister receives a request that falls within paragraph (1) and does
not fall within paragraph (3) –
(a) the Minister must
consider the request and decide, within 28 days of receiving sufficient
information to make a decision, whether or not to comply with the request;
(b) if the Minister decides
to comply with the request, the Minister must request His Majesty’s Government
in the UK to use its best endeavours to secure that the person
ceases to be a UN-listed person.”;
(b) in paragraph (3)(b) for “Her Majesty’s Government” there is
substituted “His Majesty’s Government”.
36 Article 45 (offences:
extra-territorial application) amended
In Article 45 –
(a) for paragraph (1)(a)
there is substituted –
“(a) an individual who is
ordinarily resident in Jersey; or”;
(b) paragraph (2) is
deleted.
37 Article 45A (request from or to
another country for terrorism designation) amended
After Article 45A(4)
there is inserted –
“(5) Nothing
in this Article requires the Minister to notify a person –
(a) before making a decision
under paragraph (2)(b) in relation to that person, that the Minister is
considering a request described in paragraph (1) in relation to that
person; or
(b) that the Minister has
made, or is considering making, a request under
paragraph (3) in relation to that person.”.
38 Article 45B (request to UN for
terrorism designation) amended
In Article 45B –
(a) in the heading,
“terrorism” is deleted;
(b) for paragraph (1)
there is substituted –
“(1) This
Article applies if the Minister reasonably suspects that a person, who is not a
UN-listed person –
(a) should be a UN-listed
person; or
(b) should otherwise be
subject to measures under a UN sanctions resolution, in relation to which it is
reasonable that the person should be a designated person.”;
(c) in paragraphs (2) and
(4), for “Her Majesty’s Government” there is substituted “His Majesty’s
Government”;
(d) after paragraph (5) there is inserted –
39 Article 47A (power to
amend this Law by Regulations to implement UK or international sanctions
provisions) inserted
After Article 47
there is inserted –
“47A Power
to amend this Law by Regulations in connection with the implementation of UK or
international sanctions provisions etc
(1) The
States may, by Regulations, amend any provision of this Law other than this
Article to make alternative or supplementary provision that appears to the
States to be appropriate in connection with the implementation of –
(2) This
Article does not limit any other power to amend this Law by Regulations or
Order.”.
Part 3
Other
amendments and final provisions
40 Court of Appeal (Civil) Rules 1964 amended
(1) This
Article amends the Court of Appeal (Civil) Rules 1964.
(2) For
the heading to Rule 18A (appeals from proceedings under the Terrorist
Asset-Freezing and Money Laundering and Weapons Development Laws) there is
substituted –
“18A Appeals from proceedings under
the Sanctions and Asset-Freezing and Money Laundering and Weapons Development
Laws”.
(3) In
Rule 18A(1) –
(a) the
definition “2011 Law” is deleted;
(b) after the definition
“2012 Law” there is inserted –
(c) for the definition
“appeal” there is substituted –
“ “appeal” means an appeal against a decision of
the Royal Court in proceedings under Article 40 or Article 41 of the
2019 Law or under Article 10 of the 2012 Law.”.
41 Proceeds of Crime (Jersey)
Law 1999 amended
For Article 37(11)(a)(ii)
and (iii) of the Proceeds of
Crime (Jersey) Law 1999 there is
substituted –
42 Terrorism (Jersey) Law 2002 amended
In Article 1 (general
interpretation) of the Terrorism
(Jersey) Law 2002, in paragraph (1)
in the definition “financial services” for “Terrorist Asset-Freezing (Jersey)
Law 2011” there is substituted “Sanctions
and Asset-Freezing (Jersey) Law 2019”.
43 Police Procedures and
Criminal Evidence (Jersey) Law 2003 amended
In Schedule 1
(serious offences) to the Police
Procedures and Criminal Evidence (Jersey) Law 2003, in Part 2 (offences mentioned in Article 3(2)(b)) for
paragraph 17 there is substituted –
(a) Articles 10, 11, 12,
13, 14 and 17; and
(b) Article 32 (except
that an offence against Article 32 is not a serious offence for the
purposes of Article 13 of this Law).”.
44 Royal Court Rules 2004 amended
(1) This
Article amends the Royal Court Rules 2004.
(2) For
the heading to Part 16A (proceedings under the Terrorist
Asset-Freezing and the Money Laundering and Weapons Development Laws) there
is substituted –
(3) In
Rule 16A/1 (application and interpretation) –
(a) for paragraph (1)
there is substituted –
“(1) This
Part applies to –
(a) any appeal to the Court
under Article 40(2) of the 2019 Law;
(b) any application to the
Court –
(i) under Article 41(2) of the 2019 Law,
or
(ii) under Article 10(1)
of the 2012 Law.”;
(b) in paragraph (4) –
(i) the definition “2011 Law” is deleted,
(ii) after the definition
“2012 Law” there is inserted –
(iii) for the definition
“special counsel” there is substituted –
“ “special counsel” means a person appointed under paragraph 5
of Schedule 1 to the 2019 Law or under paragraph 5 of the
Schedule to the 2012 Law as the case may be;”.
45 Regulation of Investigatory
Powers (Jersey) Law 2005 amended
In Article 22 (exceptions
to Article 21) of the Regulation of
Investigatory Powers (Jersey) Law 2005,
for paragraph (1)(da)(i) there is substituted –
46 Citation and commencement
This Law may be cited as
the Sanctions and Asset-Freezing (Amendment No. 3) (Jersey) Law 2023 and
comes into force on a day to be specified by the Minister for External
Relations and Financial Services by Order.