Reason(s) for Decision: Following enactment of the European Union Legislation (Implementation) (Jersey) Law 2014, which amongst other matters clarifies the validity of ambulatory references in Jersey law, it is expedient to re-enact and amend the provisions, as they have effect in Jersey, of Council Regulation (EC) No 147/2012 concerning restrictive measures in view of the situation in Somalia and (EU) No 356/2010 imposing certain specific restrictions directed against certain natural or legal persons, entities or bodies in view of the situation in Somalia. On 23 January 1992 the United Nations Security Council adopted resolution 733 (1992), imposing an embargo on all deliveries of weapons and military equipment to Somalia, subsequently, on 19 June 2001 the UN Security Council adopted resolution 1356 (2001), permitting certain exemptions to the arms embargo. On 22 July 2002 the UN Security Council adopted resolution 1425 (2002), extending the arms embargo by prohibiting the direct or indirect supply to Somalia of technical advice, financial and other assistance, and training related to military activities. On 20 November 2008, the UN Security Council adopted Resolution 1844 (2008) confirming the arms embargo against Somalia imposed by the UN Security Council Resolution (UNSCR) 733 (1992) and introducing additional restrictive measures concerning restrictions on admission and financial measures against designated individuals and entities. In addition, the Resolution introduced a specific prohibition on the direct and indirect supply, sale or transfer, of weapons and military equipment and a specific prohibition on the provision of related assistance and services, to individuals and entities listed by the Sanctions Committee. The measures are aimed at individuals and entities engaging in or providing support for acts that threaten the peace, security or stability of Somalia, including acts that threaten the Djibouti Agreement of 18 August 2008 or the political process, or threaten the Transitional Federal Institutions (TFIs) or the African Union Mission in Somalia (AMISOM) by force, as having acted in violation of the arms embargo and related measures, or as obstructing the delivery of humanitarian assistance to Somalia, or access to, or distribution of, humanitarian assistance in Somalia. On 19 March 2010, the Security Council adopted UNSCR 1916 (2010) which, inter alia, decided to ease some restrictions and obligations under the sanctions regime to enable the delivery of supplies and technical assistance by international, regional and sub-regional organisations and to ensure the timely delivery of urgently needed humanitarian assistance by the UN. On 9 May 2011 the Council of the European Union introduced restrictive measures in view of the situation in Somalia. The scope of these measures was subsequently extended and additions made to the list of targeted persons. Further provisions were added to prohibit the export of communications equipment, participation and investment in certain infrastructure projects, and additional restrictions on the transfer of funds and provision of financial services. Up until 13 May 2014, Regulation (EC) 147/2003 has been amended 8 times and (EU) No 356/2010 has been amended 5 times. The proposed Order will introduce both Regulations in Jersey in their latest iteration. Subsequent amendments to the Annexes to the EU Regulation, or changes to their effect in the EU as a result of any judgement of the European Court, will be implemented in Jersey by the limited use of ambulatory reference to those Annexes, without the need for any amendment to the Jersey Order. The proposed Order will also apply to itself the EU Legislation (Sanctions) (General Provisions) (Jersey) Order 2014, which contains standard provisions relating to sanctions. This Order must therefore be read in conjunction with that General Provisions Order. In particular, with regard to Article 7 (‘Application: registrable trust company business’) of the General Provisions Order and in pursuance of Article 3 (‘Implementation of EU provisions: financial services’) of the European Union Legislation (Implementation) (Jersey) Law 2014, the Minister considers it expedient, in the interests of Jersey and for the better implementation of the EU Regulation in Jersey, to extend the relevant obligations, prohibitions and exceptions to persons carrying on registrable trust company business. The Somalia (United Nations Sanctions) (Channel Islands) Order 2002 currently remains in force, although it is intended to ask the Privy Council to revoke the Order at the earliest opportunity. During the interim period when the Order in Council remains in force, the proposed Jersey Order is to be applied in a way that is not inconsistent with the Order in Council. The EU Legislation (Sanctions – Somalia) (Jersey) Order 2014 will give effect in Jersey to the EU restrictive measures, in compliance with the UN Security Council Resolutions and accordance with the common external relations policy of the Council of Ministers. |
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