Sanctions and Asset-Freezing (Implementation of EU Regulations) (Jersey) Order 2020

Information about the publication of Ministerial Decisions

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A decision made on 8 October 2020

MINISTERIAL DECISION REFERENCE: MD-ER-2020-0049
DECISION SUMMARY TITLE: Sanctions and Asset-Freezing (Implementation of EU Regulations) (Jersey) Order 2020
DECISION SUMMARY AUTHOR:	Head of International Compliance	IS THE DECISION SUMMARY PUBLIC OR EXEMPT?		Public
REPORT TITLE: Sanctions and Asset-Freezing (Implementation of EU Regulations) (Jersey) Order 2020
REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: (if different from Decision Summary Author)	Senior Legislative Drafter	IS THE REPORT PUBLIC OR EXEMPT		Public
DECISION AND REASON FOR THE DECISION: The Minister for External Relations, under Article 3 of the Sanctions and Asset-Freezing (Jersey) Law 2019 (the “SAFL”) made the Sanctions and Asset-Freezing (Implementation of EU Regulations) (Jersey) Order 2020 (the “Order”). SAFL came into force on 19 July 2019 and consolidated existing primary sanctions legislation in Jersey into one law, which enables the implementation of both EU and UK sanctions regulations. The Order continues that process of consolidating the Island’s sanctions legislation by repealing 30 sanctions Orders that implement over 30 EU sanctions regulations, and the Sanctions and Asset-Freezing (General Provisions) (Jersey) Order 2019 (the “GPO”), replacing them all with a single Order. The primary purpose of the Order is to rationalise how sanctions regimes are implemented (e.g. so that they all share the same asset-freezing provisions) and to make it easier to see which sanctions are in force. It does not introduce significant changes to the sanctions prohibitions that are already in force in Jersey and no new asset-freeze designations are made by the Order. Other changes made by the Order Under the Order, all sanctions regimes will be covered, inter alia, by the same asset-freezing, licensing, circumvention and information provisions as set out in SAFL. The Order implements EU sanctions regulations in respect of Haiti, and Serbia and Montenegro; sanctions regimes that that were previously only implemented by Orders in Council. Some EU sanctions regulations contain a prohibition against satisfying claims with regard to contracts and transactions whose performance is affected by the implemented regulation. The Order will ensure that all such prohibitions are covered by an offence. Further information about the Order Schedule 1 to the Order lists the sanctions regimes that will be implemented. It also lists, inter alia, the relevant EU regulations, the Annexes to those regulations that contain persons and entities that are subject to an asset-freeze, and the articles of the regulations covered by an offence. Schedule 2 contains updated and amended General Provisions that apply to all sanctions regimes covered by the Order, which were previously set out in the GPO. Schedule 3 lists all the existing sanctions Orders that would be repealed by the draft Order.
RESOURCE IMPLICATIONS: There are no resource implications for the States arising from this legislation
ACTION REQUIRED: External Relations shall – (1) inform the States Greffe Publications Editor immediately the Order is made, and request the Greffier of the States to arrange for the Order to be notified to the States; (2) deliver the signed and sealed order to the Publications Editor.
SIGNATURE: SENATOR IAN GORST			POSITION: Minister for External Relations

DATE SIGNED:			EFFECTIVE DATE OF THE DECISION