Community Provisions (Restrictive Measures – Iran) (Amendment No. 3) (Jersey) Order 201-
Explanatory Note
This Order further amends the Community Provisions (Restrictive Measures – Iran) (Jersey) Order 2009 to reflect Council Implementing Regulation (EU) No 668/2010 of 26 July 2010, by adding further entries to the list of persons, entities and bodies in or connected with Iran whose funds and economic resources are frozen.
Article 1 defines the Community Provisions (Restrictive Measures – Iran) (Jersey) Order 2009 as the principal Order.
Article 2 amends the principal Order’s definition of the Council Regulation to include the amendment by Regulation (EU) No 668/2010.
Article 3 adds paragraphs to Article 8 of the principal Order (freezing assets of persons and bodies listed in Schedule 6), to clarify its application to 3 of the newly listed bodies. The new paragraph (5) clarifies the extent of the freezing in relation to the Islamic Republic of Iran Shipping Lines, as provided for in paragraph (3) of the preamble to Regulation (EU) No 668/2010. The new paragraph (6) clarifies that the listing of “Assa Corporation Ltd”, with an address in Jersey, does not imply that that body is entitled to use that name or address under Jersey law or that the body complies with Jersey company law in any other way. The new paragraph (7) clarifies that the duty of Bank Saderat, under Article 14, to notify the Minister of its transfers, does not limit the effect of the amendment freezing that bank’s funds and economic resources.
Article 4 amends Schedule 6 to the principal Order to add in the persons and bodies listed in the Schedule to this Order (freezing their funds and economic resources).
Article 5 gives the title of the Order and provides for it to come into force forthwith.
The Schedule contains details of the persons and bodies to be added to the end of Schedule 6 to the principal Order.
Community Provisions (Restrictive Measures – Iran) (Amendment No. 3) (Jersey) Order 201-
Arrangement
Article
Community Provisions (Restrictive Measures – Iran) (Amendment No. 3) (Jersey) Order 201-
Made [date to be inserted]
Coming into force [date to be inserted]
THE CHIEF MINISTER, in pursuance of Article 2 of the European Communities Legislation (Implementation) (Jersey) Law 1996 and having regard to Council Regulation (EC) No. 423/2007 of 19 April 2007 concerning restrictive measures against Iran, as amended to 27 July 2010, orders as follows –
1 Interpretation
In this Order “principal Order” means the Community Provisions (Restrictive Measures – Iran) (Jersey) Order 2009.
2 Article 1 amended
In Article 1 of the principal Order, after paragraph (k) of the definition “Council Regulation”, there shall be inserted the following paragraph –
“(l) Council implementing Regulation (EU) No 668/2010 of 26 July 2010 (OJ L195, 27.7.2010, p.25);”.
3 Article 8 amended
At the end of Article 8 of the principal Order there shall be added the following paragraphs –
“(5) The obligation to freeze economic resources of designated entities of the Islamic Republic of Iran Shipping Lines (IRISL) does not require the impounding or detention of vessels owned by such entities or the cargoes carried by them insofar as such cargoes belong to third parties, nor does it require the detention of the crew contracted by them.
(6) The listing in Schedule 6 of the entry related to “Assa Corporation Ltd” with an address in Jersey is not to be construed as implying that that body –
(a) is validly incorporated in Jersey, whether as a company or otherwise, and whether under that name or otherwise;
(b) has any right to make any use of that address for any purpose; or
(c) complies with any requirement of the Companies (Jersey) Law 1991 in relation to that body or to that address.
(7) Nothing in Article 13(2)(a) or 14 is to be construed as limiting the effect of this Article in relation to the listing in Schedule 6 of the entries related to Bank Saderat, its branches and subsidiaries.”.
4 Schedule 6 amended
At the end of Schedule 6 to the principal Order there shall be added the headings and entries contained in the Schedule to this Order.
5 Citation and commencement
This Order may be cited as the Community Provisions (Restrictive Measures – Iran) (Amendment No. 3) (Jersey) Order 201- and shall come into force forthwith.
SCHEDULE
(Article 4)
Entries to be added to list of legal persons, entities and bodies in Schedule 6 to principal Order
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