Jersey

Global sanctions guide

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  1. Does Jersey have a sanctions regime in place? 

Yes. The Ministry for External Relations, in conjunction with the Minister, co-ordinates the introduction of sanctions measures and relevant sanctions legislation.

Sanctions which are in effect generally apply to:

  • any person located in Jersey
  • any corporate entity operating in Jersey
  • any corporate entity incorporated or constituted under Jersey law
  1. Does Jersey implement UN sanctions? 

As Jersey is not a member of the UN or the EU, UN sanctions do not directly apply to Jersey. However, as a crown dependency of the UK, both EU and UN sanctions regimes have been substantially implemented and are observed in Jersey.

  1. Does Jersey implement an autonomous sanctions regime? 

Yes. In addition to the sanctions implemented by the UN and EU, Jersey has an autonomous terrorist sanctions regime and has powers over the regulated sector under the Terrorism (Jersey) Law 2002 and related legislation such as the Terrorist Asset-Freezing (Jersey) Law 2011.

  1. What is the nature of the sanctions regime in Jersey? 

The most frequently applied measures are:

  • arms embargoes
  • bans on exporting equipment that might be used for internal repression
  • export controls
  • asset freezes and financial sanctions on designated individuals and corporate entities
  • travel bans on named individuals
  • bans on imports of raw materials or goods from the sanctions target

In general terms, it is a criminal offence to:

  • deal with funds or economic resources belonging to, owned, held or controlled by a designated person, if it is known, or if you have reasonable cause to suspect, that you are dealing with such funds or economic resources
  • make funds available to, or for the benefit of, a Designated Person if it is known, or if you have reasonable cause to suspect, that you are making funds so available
  • make economic funds available to, or for the benefit of, a Designated Person if it is known, or if you have reasonable cause to suspect, that you are making economic resources so available and, in the case of making economic resources available to a Designated Person, that the Designated Person would be likely to exchange the economic resources, or use them in exchange, for funds, goods or services
  1. Does Jersey maintain a list of sanctioned individuals and entities? 

Yes. The Jersey Financial Services website displays a list of individuals and entities, subject to sanctions with a direct link to the UK government consolidated list of sanctions targets. This list comprises of all individuals and entities that have been designated by the UN, the EU and the UK.  The consolidated list currently comprises of around 2,700 designated individuals and entities.

  1. Are there any other lists related to sanctions? 

Yes. Other lists include:

  • The Department for Business, Innovation & Skills (“BIS”) and the Export Control Organisation’s “Iran List”, which details previous licensing decisions made on exports to organisations and individuals in Iran.  The Iran List is intended to help users judge which exports might be of concern to the BIS on end-use grounds
  1. Does Jersey have a licensing or authorisation system in place? 

Yes. All sanctions-related licence applications, notifications and authorisations are made by the Ministry for External Relations.

  1. What are the consequences for a breach of sanctions in Jersey? 

It is a criminal offence to breach a financial sanction without an appropriate licence or authorisation. The penalties for breaching sanctions can vary across the various regimes, however, in general terms, any individual found guilty of an offence shall be liable on conviction to imprisonment and/or a fine.

Corporate entities acting in breach of financial sanctions can also commit a criminal offence and be liable to an unlimited fine. Where an offence has been committed by a corporate body and is proven to have been committed with the consent or connivance of, or neglect on the part of, a director, manager, secretary or similar officer of the corporate body, or any individual who was purporting to act in any such capacity, that individual, as well as the corporate body, is guilty of an offence and can be imprisoned or fined.

Any individual found guilty of an offence is liable on conviction to imprisonment and/or a fine. Prosecutions may take place not only against a company, but also key players within a company if a breach takes place with their connivance or neglect.

  1. Who are the relevant regulators in Jersey and what are their contact details?

The Jersey Financial Services Commission has overall regulatory responsibility for ensuring that the finance industry complies with sanctions orders. The commission now publishes sanctions guidance on its website to raise awareness and understanding of sanctions matters.

PO Box 267
14-18 Castle Street
St Helier
Jersey
JE4 8TP
Channel Islands

T: (+44) 1534 822000
E: info@jerseyfsc.org
www.jerseyfsc.org

The Ministry for External Relations in conjunction with the Minister, co-ordinates the introduction of sanctions measures and relevant sanctions legislation.

Ministry of External Relations
PO Box 140
Cyril le Marquand House
St Helier
Jersey
JE4 8QT

T: (+44) 1534 440401
E: externalrelations@gov.je
www.gov.je

Contributor law firm

Mark Holligon, Appleby 33-37 Athol Street, Douglas, IM1 1LB

T: (+44) 1624 647 691
F: (+44) 1624 620 992
MHolligon@applebyglobal.com
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