SANCTIONS AND ASSET-FREEZING (IMPLEMENTATION OF EXTERNAL SANCTIONS) (EXCEPTIONS AND LICENCES – AMENDMENT) (JERSEY) ORDER 2022

Made                             25th July 2022

Coming into force           26th July 2022

THE MINISTER FOR EXTERNAL RELATIONS AND FINANCIAL SERVICES makes this Order under Article 3 of the Sanctions and Asset-Freezing (Jersey) Law 2019 –

1. Article 2 (effect given to UK sanctions instruments subject to modifications) of the Sanctions and Asset-Freezing (Implementation of External Sanctions) (Jersey) Order 2021 amended

In Article 2(a) of the Sanctions and Asset-Freezing (Implementation of External Sanctions) (Jersey) Order 2021 after “3(3),” there is inserted “3(3A),”.

2. Article 3 (asset-freeze designation and licences) of the Sanctions and Asset-Freezing (Implementation of External Sanctions) (Jersey) Order 2021 amended

In Article 3 of the Sanctions and Asset-Freezing (Implementation of External Sanctions) (Jersey) Order 2021 –

(a)     In the heading to the Article, for “Asset-freeze designation and” there is substituted “Asset-freezes: designations, exceptions and”;

(b)     In paragraph (2)(a) for “paragraph (3)” there is substituted “paragraphs (3) and (3A)”;

(c)     For paragraph (3) there is substituted –

“(3)    If a UK asset-freezing provision is a UK exception provision, it has effect solely as an exception, under Article 15(3A) of the Law, to the corresponding Part 3 prohibition.

(3A)   If a UK asset-freezing provision is a UK licence provision, it has effect solely as a ground for the granting of a licence, under Article 16(3A)(b) of the Law, in relation to the corresponding Part 3 prohibition.

(3B)   For the purpose of paragraphs (3) and (3A), and without limiting Schedule 2, a UK exception provision and a UK licence provision are to be read with any necessary modification for their application to Jersey, including in particular by reading a reference to an office or officer in the UK as a reference to an office or officer in Jersey that performs an equivalent function.

(3C)   In paragraphs (3) and (3A) “corresponding Part 3 prohibition” means the prohibition in Part 3 of the Law that corresponds to the UK asset-freezing provision that is the prohibition to which the UK exception provision or UK licence provision relates.

(3D)   In paragraphs (3) to (3C) “UK exception provision” and “UK licence provision” have the meanings given by Article 3(10)(a) and (b) of the Law.”.

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