Sanctions Notice - Burundi16th December 2021
Please be advised that there has been a change to the Burundi sanctions regime. The Policy and Resources Committee has made the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) (Amendment - Burundi) Regulations, 2021, which are now in force and can be found here.
These Regulations amend the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020, in order to give effect within the Bailiwick to changes to the sanctions regime in the United Kingdom. The changes comprise the introduction by the United Kingdom of the Burundi (Sanctions) Regulations 2021 and the repeal of the Burundi (Sanctions) (EU Exit) Regulations 2019.
The difference between the 2019 regulations and the 2021 regulations is that, in the 2021 regulations, the provisions setting out the purposes of the sanctions measures no longer include the purpose of encouraging the Government of Burundi to participate in negotiations with its political opponents in good faith to bring about a peaceful solution to the political situation there, and a designation criteria related to that purpose has also been removed. This has been done following the change of President in Burundi as a result of the elections in May 2020 and, while the 2021 regulations may affect the designations made by the UK going forward, they will not change the way that measures applicable to designated persons are implemented within the Bailiwick.
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 referred to above and must treat any funds, other assets or economic resources
- directly or indirectly belonging to, owned, held or controlled by them, whether wholly or jointly, or
- that comprise interest, dividends or other forms of property derived from any funds or economic resources that belong to them or are owned, held or controlled by them, whether directly or indirectly and wholly or jointly, or
- belonging to individuals or entities acting on their behalf or at their direction, whether wholly or jointly
as frozen with immediate effect if this is not already the case. Businesses must report any findings to the Policy & Resources Committee immediately. They must also ensure that they have taken all other steps that may be required in order to comply with the reporting obligations at section 14 of the Sanctions Law.
Businesses must also refrain from making any funds or economic resources available directly or indirectly, wholly or jointly, to or for the benefit of
- any designated person, entity or body
- any entity directly or indirectly owned or controlled by a designated person, entity or body, whether wholly or jointly
- any individuals or entities acting on behalf or at the direction of a designated person, entity or body, whether wholly or jointly
other than in respect of transactions that come within a permitted derogation as determined by the Policy & Resources Committee, or in accordance with a licence issued by the Policy & Resources Committee, as the case may be.
The information referred to above is required by the Policy & Resources Committee in the exercise of its powers under section 15 of the Sanctions Law.
Any information or queries should be sent to [email protected] with the subject line “Burundi Sanctions”.
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