The South Sudan (Restrictive Measures) (Guernsey) Ordinance, 2015 has been made to give effect to Council Regulation (EU) 2015/735 (“the 2015 Regulation”) concerning restrictive measures in relation to South Sudan. The 2015 Regulation repeals and replaces Council Regulation (EU) No 748/2014 of 10 July 2014 (“the 2014 Regulation”), which was implemented in Guernsey by the South Sudan (Restrictive Measures) (Guernsey) Ordinance, 2014 (“the 2014 Ordinance”).
The effect of the 2014 Regulation (and the 2014 Ordinance) was to freeze the funds and economic resources of persons, entities and bodies obstructing the political process in South Sudan. In light of the conflict emanating from internal political disputes among the country’s political and military leaders and the consequential human suffering, the United Nations Security Council has now issued a Resolution in relation to South Sudan, imposing restrictive measures on persons with involvement in actions or policies that threaten the peace, security or stability of South Sudan. Rather than amend the 2014 Regulation to give effect to the UN measures, the EU has repealed it and consolidated the existing measures and the new UN Resolution into the 2015 Regulation. The 2015 Regulation therefore sets out two separate criteria for listing persons, entities and bodies subject to restrictive measures, namely:
(a) obstruction of the political process in South Sudan, including by acts of violence or violations of ceasefire agreements, and responsibility for serious violations of human rights (the original EU criteria from 2014); and
(b) involvement in actions or policies that threaten the peace, security or stability of South Sudan (the new UN criteria).
The 2015 Ordinance gives effect to these changes and can be found at http://www.guernseylegalresources.gg/article/117304/South-Sudan-Restrictive-Measures-Guernsey-Ordinance-2015.