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Restrictive measures against Belarus

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Overview of current sanctions measures

The sanction regime was considerably softened and a majority of asset freeze targets suspended following the Lukashenko regime’s release of all remaining political prisoners in August 2015 and the peaceful residential election in October 2015. However, four individuals listed in Annex 1 to Regulation (EC) No 765/2006 are still subjects to travel restrictions and to an asset freeze.

Current sanction measures implemented by Jersey in relation to Belarus include:

  • Assets freeze
  • Travel ban
  • Arms embargo and ban on provision of certain related technical or financial assistance and services
  • Subject to certain derogations, restrictions on equipment used for internal repression

Latest news

2 October 2020

Council Implementing Regulation (EU) 2020/1387 (“the Amending Regulation”) was published in the Official Journal of the European Union by the Council of the European Union. It amends Annex I to the Regulation (EC) 765/2006 with effect from 2 October 2020.

The Amending Regulation adds 40 entries to the consolidated list of designated persons subject to an asset freeze in view of Belarus Presidential Elections.

18 February 2020

EU Council Decision (CFSP) 2020/214 was published in the Official Journal of the European Union. The EU prolonged its Belarus sanctions until 28 February 2021. No new designations added or removed.

26 February 2019

EU Council Decision (CFSP) 2019/325 was published in the Official Journal of the European Union. The EU prolonged its Belarus sanctions for 1 year, until 28 February 2020. The measures consist of an arms embargo and targeted asset freezes and travel bans against 4 people designated in connection with the “unresolved disappearances of two opposition politicians, one businessman and one journalist in 1999 and in 2000”

23 February 2018

Council Regulation (EU) 2018/275 amended Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus with effect from 24 February 2018. The Regulation provided some derogations from the restrictive measures.

Jersey regime

Having regard to Common Position 2006/362/CFSP, the European Community adopted Council Regulation (EC) No 765/2006 concerning certain restrictive measures against President Lukashenko and certain officials of Belarus (the EU Council Regulation).

The EU Legislation (Sanctions – Belarus) (Jersey) Order 2015 (the Belarus Order) (in force from 12 March 2015) gives effect to, and applies the EU Council Regulation. The Order also contains an ambulatory reference (Article 2) to an Annex to the EU Council Regulation. The effect of ambulatory provisions is such that whenever the Annexes to the EU Council Regulation are amended by way of Council Implementing Regulation (new entries added, existing entries modified or removed) that change takes effect automatically in Jersey without the need for any amendment to this Order.

Under the Sanctions and Asset-Freezing (General Provisions) (Jersey) Order 2019 (the GPO), all of the standard general provisions, contained in Articles 3 to 8 of the GPO, must be read as part of the Belarus Order. As the Belarus Order is also a “prior EU sanctions Order”, the additional provisions in the Schedule to the GPO must be read as part of the Belarus Order.

As stipulated in the Belarus Order, any person who:

  • contravenes Article 1a, 1b or 2 of the EU Council Regulation; or
  • intentionally furnishes false information or a false explanation to any person (the Minister or any authorised person by the Minister) exercising powers under paragraph 1 of the Schedule to the GPO; or
  • with intent to evade furnishing information or producing documents in accordance with paragraph 1 of the Schedule to the GPO, destroys, mutilates, defaces, secretes or removes any document, or

any person who, without reasonable excuse:

  • fails to comply with a request for information (or for a document or an explanation), made by the Minister (or by a person authorised by the Minister) under paragraph 1 of the Schedule to the GPO; or
  • contravenes Article 5 of the EU Council Regulation,

is guilty of an offence and liable on conviction to a term of imprisonment and a fine.

Legal acts

European Union

As the original EU Council Regulation has been subject to various amendments, the individual amending EU Regulations and the latest consolidated version of the original EU Council Regulation can be found on the Eur-Lex website.

To view the latest consolidated version using this website enter the number of the Regulation you wish to view into the search bar. This should bring up the relevant Regulation as the top search hit. Then click on the date which is hyperlinked after ‘Latest consolidated version’.

Jersey legislation

  • EU legislation (Sanctions – Belarus)(Jersey) Order 2015
  • Sanctions and Asset-Freezing (General Provisions) (Jersey) Order 2019
  • Sanctions and Asset-Freezing (Jersey) Law 2019

Further information

Useful information is provided on gov.uk regarding Financial sanctions, Belarus

Source link

Regulator Information

Abbreviation: JFSC
Jurisdiction: Jersey

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