Jersey DIRECTOR DISQUALIFICATION SANCTION LAW is live. on 27 February 2025

INTRODUCTION

1. On 20 February 2025, the Minister for External Relations (the 'Minister') made the 

• • Sanctions and Asset-Freezing (Implementation of External Sanctions – Director Disqualification) (Jersey) Amendment Order 2025 (the 'Amendment Order').
  • https://www.jerseylaw.je/laws/enacted/Pages/RO-009-2025.aspx

1. The Amendment Order comes into force on 27 February 2025.
2. The Amendment Order amends the Sanctions and Asset-Freezing (Implementation of External Sanctions) (Jersey) Order 2021 (the 'Sanctions Order'[SAFO])
   • https://www.jerseylaw.je/laws/current/ro_11_2021
3. The Amendment Order provide that, unless authorised by a licence, it will be an offence for a person subject to DD Sanctions to:
   • Act as a director of a Jersey company or
   • Directly or indirectly take part in or be concerned about promoting, forming, or managing a Jersey company.
   • Act as a manager of a Jersey limited liability company or
   • Directly or indirectly take part in or be concerned in promoting, forming, or managing a Jersey limited liability company.

UK - THE ABOVE FOLLOWS THE UK

1. On 14 May 2024, the UK updated its sanctions legislation through the Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2024 and the Sanctions (EU Exit) (Miscellaneous Amendments and Revocations) Regulations 2024 (the 'UK Regulations') to include director disqualification provisions.
• https://www.legislation.gov.uk/uksi/2024/644/contents/made
• https://www.legislation.gov.uk/uksi/2024/643/contents/made
2. Companies House is responsible for preventing such persons from registering as the director of a UK company. Any person who is the director of a UK company at the time of DD Sanctions designation will be automatically disqualified under the Company Directors Disqualification Act 1986 and the Company Directors Disqualification (Northern Ireland) Order 2002.

JERSEY

1. For the Amendment Order,
• “Company" has the meaning given in Article 1(1) of the Companies (Jersey) Law 1991; and
• “Limited liability company" is registered under the Limited Liability Companies (Jersey) Law 2018.
2. The amendment Order does not provide for the automatic disqualification of directors subject to DD Sanctions designations.
• Implementing this would require an amendment to Jersey's primary legislation.
• This is under consideration.

JERSEY GENERAL LICENCE (DIRECTOR DISQUALIFICATION)

1. As highlighted above, the Amendment Order does not provide for the automatic disqualification of acting directors who become subject to DD Sanctions. 
2. The Minister intends to issue a Jersey General Licence that will authorise acting company directors or the managers of limited liability companies who become subject to DD Sanctions designation to remain in place and to carry out a specified and limited activity under the licence. 
3. Authorised activities will be limited to those required in connection with the discharge of, or compliance with, Jersey or UK statutory or regulatory requirements. Persons carrying out any authorised activity under the licence must report it to the Minister.
4. The Jersey General Licence will be issued on 27 February 2025, the date the Amendment Order comes into force.

DESIGNATIONS UNDER THE NEW MEASURE

1. No designations in respect to DD Sanctions have yet been made under any UK sanction regimes.
2. Once the Amendment Order comes into force, any future designations will apply automatically and immediately in Jersey, and an update will be published in the Jersey Gazette.

SOURCE

• https://www.gov.je/gazette/Pages/Sanctionslegislationupdatedirectordisqualificationsanctions.aspx