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Restrictive measures against Chemical Weapons

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Overview of current sanctions measures

On 15 October 2018, the Council adopted restrictive measures against the proliferation and use of chemical weapons. These measures are in line with UN Security Council Resolutions 1540 (2004), 2118 (2013), 2209 (2015), 2235 (2015) and 2325 (2016). Current sanctions measures implemented by Jersey are imposed against persons and/or entities directly responsible for the development and use of chemical weapons as well as those who provide financial, technical or material support, and those who assist, encourage or are associated with them. The measures include:

  • Subject to certain derogations, freezing of funds and economic resources
  • Travel restrictions

Latest news

13 October 2020

Council Implementing Regulation (EU) 2020/1463 (the Amending Regulation) was published in the Official Journal of the European Union by the Council of the European Union.

The Amending Regulation updated one entity on the list of designated persons in the Annex I to Regulation (EU) 2018/1542 with effect from 14 October 2020.

15 October 2019

EU Council Decision (CFSP) 2019/1722 has been published in the Official Journal of the European Union. The restrictive measures against proliferation and use of chemical weapons have been prolonged until 16 October 2020.

21 January 2019

Council Implementing Regulation (EU) 2019/84 (the Amending Regulation) was published in the Official Journal of the European Union by the Council of the European Union.

The Amending Regulation added nine natural persons and one entity to the list of designated persons in the Annex to Regulation (EU) 2018/1542. All persons are subject to an asset freeze.

Jersey regime

Having regard to EU’s support to the Decision of the Conference of the State Parties to the Convention on the Prohibition of Chemical Weapons (CWC) of 27 June 2018 and to the Council Decision (CFSP) 2018/1544, the European Community introduced Council Regulation (EU) 2018/1542 of 15 October 2018 concerning restrictive measures against the proliferation and use of chemical weapons (the EU Council Regulation).

The EU Legislation (Sanctions – Chemical Weapons) (Jersey) Order 2018 (the Chemical Weapons Order) (in force from 27 October 2018) gives effect to and applies the EU Council Regulation in Jersey. The Order contains an ambulatory reference (Article 2) to the Annexes to the EU Council Regulation. The effect of ambulatory provisions is that, any future changes to the lists of goods, technology, persons and websites in the Annexes to the EU Council Regulation 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 Chemical Weapons Order. As the Chemical Weapons Order is also a “prior EU sanctions Order”, the additional provisions in the Schedule to the GPO must be read as part of the Chemical Weapons Order.

As stipulated in the Chemical Weapons Order, any person who:

  • contravenes or fails to comply with Article 2, or 8 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
  • in purported compliance with Article 7(1) of the EU Council Regulation, as that Article has effect in Jersey by virtue of Article 4; 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 7 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 EC Council Regulations could be the subject of a larger number of amendments, the individual amending legislations and the latest consolidated versions of the EC Council Regulations 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 on Jersey Legal Information Board website 

  • EU Legislation (Sanctions – Chemical Weapons) (Jersey) Order 2018
  • 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, Chemical Weapons

Source link

Regulator Information

Abbreviation: JFSC
Jurisdiction: Jersey

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