EU Legislation
(Sanctions – South Sudan) (Jersey) Order 2015
1 Interpretation
In this Order –
“General Provisions Order” means the EU Legislation
(Sanctions) (General Provisions) (Jersey) Order 2014;
“Regulation (EU) 2015/735” means Council Regulation
(EU) 2015/735 of 7 May 2015 concerning restrictive measures in
respect of the situation in South Sudan, and repealing Regulation (EU)
No 748/2014 (OJ L 117/13, 8.5.2015), as amended up to 13th
August 2018 (subject to Article 2).[3]
2 Ambulatory
references to Annexes[4]
A reference in Regulation (EU) 2015/735 to
any of the Annexes to that Regulation is to be read as a reference to such
Annex as amended, substituted, extended or applied from time to time by any
other EU provision, or as such 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) 2015/735
is the relevant EU provision for the purpose of the general provisions of the General
Provisions Order, when those provisions are read as part of this Order.[5]
(3) For the purpose of Article 14A
of the General Provisions Order, the UN financial sanctions resolutions
implemented by Regulation (EU) 2015/735 are United Nations Security Council
Resolutions 2206 (2015) and 2428 (2018).[6]
4 Implementation
of Regulation (EU) 2015/735[7]
Regulation (EU) 2015/735 has effect as if it were an
enactment –
(a) to any extent that
Regulation (EU) 2015/735 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.[8]
5 Offences
(1) A person
who –
(a) contravenes
Article 2, 5 or 15 of Regulation (EU) 2015/735, as that Article has effect
in Jersey by virtue of Article 4;
(b) intentionally
furnishes false information or a false explanation to any person exercising
powers under Article 10 of the General Provisions Order as read as part of
this Order; or
(c) with
intent to evade the provisions of Article 10 of the General Provisions
Order as read as part of this Order, destroys, mutilates, defaces, secretes or
removes any document,
is guilty of an offence and liable to imprisonment for a term of
2 years and to a fine.[9]
(2) A person is guilty of
an offence, and liable to imprisonment for a term of 3 months 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 14
of Regulation (EU) 2015/735, as that Article has effect in Jersey by virtue of
Article 4.[10]
(3) Paragraph (1)(a)
does not apply to a contravention –
(a) by
the Minister, of an obligation imposed on the Minister by Article 8 of the
General Provisions Order; or
(b) by a
person other than the Minister, of an obligation imposed on that person under
Article 9 of that Order.
6 Citation
This Order may be cited as
the EU Legislation (Sanctions – South Sudan) (Jersey)
Order 2015.