EU Legislation
(Sanctions – North Korea) (Jersey) Order 2017
1 Interpretation
In this Order –
“General Provisions Order” means the EU Legislation
(Sanctions) (General Provisions) (Jersey) Order 2014;
“Regulation (EU) 2017/1509” means Council Regulation
(EU) 2017/1509 of 30 August 2017 concerning restrictive measures
against the Democratic People’s Republic of Korea and repealing
Regulation (EC) No 329/2007 (OJ L 224, 31.8.2017, p. 1) as
amended up to 28th February 2018 (subject to Article 2).[3]
2 Ambulatory
references to Annexes
A reference in Regulation (EU) 2017/1509 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) 2017/1509 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.
(3) For the purpose of Article 14A
of the General Provisions Order, the UN financial sanctions resolution
implemented by Regulation (EU) 2017/1509 is United Nations Security
Council Resolution 1718 (2006).
4 Implementation
of Regulation
(EU) 2017/1509
Regulation (EU) 2017/1509 has effect as if it were an
enactment –
(a) to any extent that it
does not otherwise have effect in Jersey;
(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; and
(c) subject to the
modification that a reference in Regulation (EU) 2017/1509 to the
“financial intelligence unit” or “FIU” is to be
construed as a reference to a designated police officer, a designated customs
officer or the Financial Intelligence Unit, as each of those terms is defined
in the Money Laundering (Jersey)
Order 2008.
5 Offences
(1) A person
who –
(a) contravenes
Article 3, 5, 7, 9, 10, 11, 12, 13, 15, 16a, 16b, 16c, 16d, 16f, 16h, 16j,
16k, 16l, 16m, 16n, 16p, 17, 18, 20, 21, 24, 26, 28, 30, 31, 32, 34, 38(4), 39,
41, 43, 44a or 52 of Regulation (EU) 2017/1509, as that Article has effect
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.[4]
(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 50(1)
of Regulation (EU) 2017/1509, as that Article has effect in Jersey by
virtue of Article 4.
(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 the General Provisions Order.
6 Citation
This Order may be cited as the EU Legislation
(Sanctions – North Korea) (Jersey) Order 2017.