The United Nations Security Council has added an individual (“the new listed person”) to the list of persons associated with ISIL (Da’esh) and Al-Qaida maintained under United Nations Security Council Resolution 1267. All persons on the UN list are subject to restrictive measures which include targeted financial sanctions.
Further information is available here:
The new listed person is expected to be added imminently to the list maintained by the European Union under Council Regulation (EC) No 881/2002. Once the addition to the EU list is made, it will be automatically effective in the Bailiwick under the Al-Qaida (Restrictive Measures) (Guernsey) Ordinance, 2013, the Al-Qaida (Restrictive Measures) (Alderney) Ordinance, 2013 and the Al-Qaida (Restrictive Measures) (Sark) Ordinance, 2013.
In the meantime businesses are advised to refrain from making assets of any kind directly or indirectly available to the new listed person, as this would be likely to constitute a terrorist financing offence under sections 8 to 11 of the Terrorism and Crime (Bailiwick of Guernsey) Law, 2002. Requests to do so may also give rise to knowledge, suspicion or reasonable grounds for knowledge or suspicion that another person is engaged in terrorist financing, in which case a disclosure should be made to the Financial Intelligence Service in the form and manner prescribed by the Terrorism and Crime (Bailiwick of Guernsey) Regulations, 2007, as amended.
In addition, Council Regulation (EC) No 881/2002 has been amended by Commission Implementing Regulation (EU) 2017/1488. The effect of the amendment, which is automatically effective in the Bailiwick under the legislation referred to above, is to update the details in respect of one individual on the list (the existing listed person). The Implementing Regulation is available here:
MEASURES WHICH SHOULD BE TAKEN
Businesses must check whether they maintain any accounts or otherwise hold any funds or economic resources for the new or existing listed person or for any other person designated under the legislation listed above, and must treat any such accounts, funds or economic resources as frozen with immediate effect if this is not already the case. They must report any findings to the Policy and Resources Committee immediately. Businesses must also refrain from making any funds or economic resources available directly or indirectly to any listed person unless this is in connection with a transaction that comes within a permitted derogation as determined by the Policy and Resources Committee.
The information referred to above is required by the Policy and Resources Committee in the exercise of its powers under the Schedule to each of the Ordinances listed above.
Any information or queries should be sent to [email protected] with the subject line “ISIL/Al-Qaida”.
Further information on the effect of asset freezes and related issues including licences is available on the States of Guernsey website at http://www.gov.gg/sanctions