EU Legislation
(Sanctions – Guinea-Bissau) (Jersey) Order 2019
Made 6th March 2019
Coming into force 7th
March 2019
THE MINISTER FOR EXTERNAL RELATIONS, in pursuance of Article 2 of the
European Union Legislation (Implementation) Jersey Law 2014[1], orders as follows –
1 Interpretation
In this
Order –
“General Provisions Order”
means the EU Legislation (Sanctions) (General Provisions) (Jersey) Order 2014[2];
“Regulation (EU) 377/2012”
means Council Regulation (EU) No 377/2012 of 3 May 2012 concerning
restrictive measures directed against certain persons, entities and bodies
threatening the peace, security or stability of the Republic of Guinea-Bissau
(OJ L 119, 4.5.2012, p. 1), as amended up to 11th January 2018.
2 Ambulatory
references to Annexes
A reference in Regulation (EU) 377/2012
to an Annex to that Regulation is to be read as a reference to that Annex as
amended, substituted, extended or applied from time to time by any other EU
provision, or as that Annex otherwise has effect in the EU from time to time by
virtue of any judgment of the European Court.
3 Application
of general provisions
(1) This
Order is a relevant special Order for the purpose of the General Provisions
Order.
(2) Regulation
(EU) 377/2012 is the relevant EU
provision for the purpose of the general provisions of the General Provisions
Order, when those general provisions are read as part of this Order.
4 Implementation of Regulation (EU) 377/2012
Regulation (EU) 377/2012
has effect as if it were an enactment –
(a) to
any extent that it does not otherwise have effect in Jersey; and
(b) subject
to the modifications made by the general provisions that are to be read as part
of this Order by virtue of Article 3 and the General Provisions Order.
5 Offences
(1) A
person who contravenes Article 2 of Regulation (EU) 377/2012, as that Article has effect in Jersey by
virtue of Article 4, commits an offence and is liable to imprisonment for
a term of 7 years and to a fine.
(2) A
person who –
(a) intentionally
furnishes false information or a false explanation –
(i) to any person
exercising powers under Article 10 of the General Provisions Order as read
as part of this Order, or
(ii) in purported
compliance with Article 8(1) of Regulation (EU) 377/2012, as that Article
has effect in Jersey by virtue of Article 4; or
(b) with
intent to evade a provision mentioned in paragraph (a)(i) or (a)(ii),
destroys, mutilates, defaces, secretes or removes any document,
commits an offence and is liable to imprisonment
for a term of 2 years and to a fine.
(3) A
person commits an offence, and is liable to imprisonment for a term of 1 year
and to a fine, if the person, without reasonable excuse,
contravenes –
(a) Article 10(3)
of the General Provisions Order as read as part of this Order; or
(b) Article 8
of Regulation (EU) 377/2012, as that
Article has effect in Jersey by virtue of Article 4 of this Order.
(4) Paragraph (3)(b)
does not apply to a Minister or to a person performing the functions of the
Minister under Article 9 of the General Provisions Order.
6 Proceeds
of Crime (Supervisory Bodies) (Jersey) Law 2008 amended
In the Proceeds of Crime (Supervisory Bodies) (Jersey) Law 2008[3], in Article 3(1) –
(a) “Community
Provisions (Restrictive Measures – Guinea-Bissau) (Jersey) Order 2012[4];” is deleted;
(b) after
“EU Legislation (Sanctions – South Sudan) (Jersey) Order 2015[5]” there is inserted
“EU Legislation (Sanctions – Guinea-Bissau) (Jersey) Order 2019[6]”.
7 Community
Provisions (Restrictive Measures – Guinea-Bissau) (Jersey) Order
2012 repealed
The Community Provisions (Restrictive
Measures – Guinea-Bissau) (Jersey) Order 2012[7]
is repealed.
8 Citation
and commencement
This Order may be cited as the EU Legislation (Sanctions –
Guinea-Bissau) (Jersey) Order 2019 and comes into force on the day after it is
made.
senator i.j. gorst
Minister for External Relations