Jersey sanction Afghanistan guidance (follows FATF/OFSI)

Circumstances in Afghanistan continue to change following Taliban takeover in August.

There remains uncertainty over the form of a future government, but the Taliban has a number of sanctioned individuals in positions of authority within the organisation. External Relations again reminds businesses that UN sanctions are already in place against individuals and entities associated with the Taliban.

Given this heightened risk context, those engaging or considering engaging in any financial activity in relation to Afghanistan should:

1. Consider conducting enhanced due diligence including in respect of entities that may be owned or controlled by designated persons
2. Check the UK consolidated list and consider seeking independent legal advice before undertaking any activity

Please note that members of the Taliban are listed under the UN Afghanistan regime. Individuals and entities with links to the Afghan Taliban are also listed under the

• ISIL (Da'esh) and
• Al-Qaida sanctions regime.

Both these regimes are implemented in Jersey under the:

• Sanctions and Asset-Freezing (Jersey) Law 2019and the 
• Sanctions and Asset-Freezing (Implementation of External Sanctions) (Jersey) Order 2021.

The Financial Action Task Force (FATF) has issued a public statement calling on all jurisdictions' competent authorities to provide advice and facilitate information sharing with their private sectors on assessing and mitigating any emerging ML/TF risks identified in Afghanistan.

https://www.fatf-gafi.org/countries/a-c/afghanistan/documents/afghanistan-2021.html

FATF Public Statement on the Situation in Afghanistan.

In light of recent events in Afghanistan, the FATF, as the global standard setting body for anti-money laundering and counter-terrorist financing, expresses its concern about the current and evolving money laundering and terrorist financing risk environment in the country.

The FATF affirms recent UN Security Council Resolutions on the situation in Afghanistan. In particular, UNSCR 2593 (2021) demands that Afghan territory not be used to threaten or attack any country or to shelter or train terrorists, or to plan or to finance terrorist acts.

The FATF calls on all jurisdictions’ competent authorities to provide advice and facilitate information sharing with their private sectors on assessing and mitigating any emerging ML/TF risks identified, in accordance with the risk-based approach.

The FATF reiterates the upmost importance of ensuring non-profit organisations (NPOs) and all other humanitarian actors can provide the vital humanitarian assistance needed in the region and elsewhere, without delay, disruption or discouragement. The FATF calls on all jurisdictions to protect NPOs from being misused for terrorist financing. This includes competent authorities conducting sustained and targeted outreach, consistent with the FATF Recommendations, while respecting human rights and fundamental freedoms.

The FATF, together with APG, EAG and the Global Network, will closely monitor the situation, including any changes to money laundering and terrorist financing risks in Afghanistan. It will consider all options to help promote security, safety and the integrity of the global financial system.

The UK Office of Financial Sanctions Implementation (OFSI) has also updated its charity sector guidance, to help support the delivery of humanitarian aid to Afghanistan.

https://ofsi.blog.gov.uk/2021/11/01/ofsi-updates-charity-sector-guidance/

Guidance on sanctions can be found on both the Government of Jersey and Jersey Financial Services Commission websites.

https://www.jerseyfsc.org/industry/international-co-operation/sanctions/

The JFSC also publishes regime specific guidance, including for the Afghanistan and ISIL (Da'esh) and Al-Qaida regimes. 

https://www.jerseyfsc.org/industry/international-co-operation/sanctions/sanctions-by-country-and-category/sanctions-afghanistan/

If you have any questions about this notification, please contact sanctions@gov.je