Sanctions Notices - Belarus, ISIL (Da'esh) and Al-Qaida Network, and Terrorism and Terrorist Financing
4th March 2016Please be advised that there have been a number of developments in relation to the Bailiwick's sanctions regime which are set out below. These developments concern sanctions relating to: Belarus; ISIL (Da’esh) and Al-Qaida Network; and Terrorism and Terrorist Financing.
BELARUS
Council Regulation (EC) No 765/2006, as implemented in the Bailiwick by the Belarus (Freezing of Funds) (Guernsey) Ordinance, 2012, the Belarus (Freezing of Funds) (Alderney) Ordinance, 2012 and the Belarus (Freezing of Funds) (Sark) Ordinance, 2012, has been amended by Council Regulation (EU) No 2016/277 and Council Implementing Regulation (EU) No 2016/276.
The Regulation and Implementing Regulation are available here:
Council Regulation (EU) 2016/277
Council Implementing Regulation (EU) 2016/276
The effect of the amendments, which are automatically effective in the Bailiwick, is to remove most names from the list of persons subject to an asset freeze and related financial restrictions. There are now only four individuals on the list.
MEASURES WHICH SHOULD BE TAKEN
All businesses must check whether they maintain any accounts or otherwise have any kind of relationship with any natural or legal person, entity or body designated under the legislation and treat any accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body as frozen with immediate effect if this is not already the case. Businesses must report any findings to the Policy Council immediately. Businesses must also refrain from making any funds or economic resources available directly or indirectly to or for the benefit of any designated person, entity or body other than in respect of transactions that come within a permitted derogation and have been authorised by the Policy Council.
The information referred to above is required by the Policy Council 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 “Belarus”.
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.
ISIL (DA’ESH) AND AL-QAIDA NETWORK
The United Nations Security Council has added eleven individuals and one entity (“the listed persons”) 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:
http://www.un.org/press/en/2016/sc12266.doc.htm
The listed persons are 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 listed persons, 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.
MEASURES WHICH SHOULD BE TAKEN
Businesses must check whether they maintain any accounts or otherwise hold any funds or economic resources for the listed persons or for 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 Council 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 Council.
The information referred to above is required by the Policy Council 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
TERRORISM AND TERRORIST FINANCING
HM Treasury has renewed the final designation of three individuals under the Terrorist Asset-Freezing etc. Act 2010. The individuals therefore remain designated persons for the purposes of the Act.
Details of the individuals are available here:
Persons who are the subject of a designation under and within the meaning of the Act are also automatically designated persons for the purposes of the Terrorist Asset-Freezing (Bailiwick of Guernsey) Law, 2011 with immediate effect, and are subject to the asset freeze and other prohibitions in relation to designated persons in the Guernsey Law.
MEASURES WHICH SHOULD BE TAKEN
All businesses must check whether they maintain any accounts or otherwise have any kind of relationship with any natural or legal person, entity or body designated under the legislation and treat any accounts, funds or economic resources belonging to, owned, held or controlled by a designated person as frozen with immediate effect if this is not already the case. Businesses must report any findings to the Policy Council immediately. Businesses must also refrain from making any funds or economic resources available directly or indirectly to or for the benefit of any designated person unless this is in connection with a transaction that has licensed by the Policy Council.
The information referred to above is required by the Policy Council in the exercise of its powers under section 18 of the Terrorist Asset Freezing Law.
Any information or queries should be sent to [email protected]/* */
Further information on the effect of asset freezes and related issues is available on the States of Guernsey website at http://www.gov.gg/sanctions