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Restrictive measures against Iraq

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Overview of current sanctions measures

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

  • Arms embargo
  • Freezing of funds and economic resources of the previous Government of Iraq and their transfer to the Development Fund for Iraq
  • Freezing of funds and economic resources of certain person and entities
  • Travel restrictions
  • Prohibition to satisfy claims with regard to contracts and transactions whose performance is affected by the measure taken in accordance with UNSCR 661(1990) and related resolutions
  • Specific restrictions applying to proceeds from all export sales of petroleum and natural gas from Iraq, and to trade in goods belonging to Iraq’s cultural heritage

Latest news

4 February 2021

Council Implementing Regulation (EU) 2021/131 (Amending Regulation) was published in the Official Journal of the European Union by the Council of the European Union.  The Amending Regulation amended Annex III to Council Regulation (EC) 1210/2003 by removing one entry from the list with effect from 5 February 2021. The change is the result of a technical review of the Annex and is implementing a UNSCR. Any changes to the Annex are effective immediately in Jersey by virtue of the ambulatory provisions in Jersey’s sanctions legislation.

25 January 2021

Commission Implementing Regulation (EU) 2021/53 (Amending Regulation) was published in the Official Journal of the European Union by the European Commission of the European Union. Annex IV to the  Council Regulation (EC) No 1210/2003 has been amended with effect from 26 January 2021.  The Amending Regulation reflects the United Nations Security Council (UNSC) Committee’s Decision SC/14415 made on 18 January 2021 to remove two individuals from the list of designated persons subject to an asset freeze. See also Jersey Gazette Financial Sanctions Notice Iraq 25 January 2021.

16 January 2021

The United Nations Sanctions (Revocations) Order 2020 came into force and revoked the Iraq (United Nations Sanctions) (Channel Islands) Order 2000, Iraq (United Nations Sanctions) (Channel Islands) Order 2003 and Iraq (United Nations Sanctions) (Channel Islands) (Amendment) Order 2004. This page has been updated accordingly.

23 December 2020

Commission Implementing Regulation (EU) 2020/2197 (Amending Regulation) was published in the Official Journal of the European Union by the European Commission of the European Union. Annex III to the  Council Regulation (EC) No 2010/2003 has been amended with effect from 24 December 2020.  The Amending Regulation reflects the United Nations Security Council (UNSC) Committee’s  Decision SC/14390 made on 16 December 2020 to remove one entity from the list of designated persons subject to an asset freeze. See also Jersey Gazette Financial Sanctions Notice Iraq 24 December 2020

16 December 2020

United Nations Security Council (UNSC) Committee Decision SC/14390, one entry was removed from the list of designated persons subject to the assets freeze set out by paragraphs 19 and 23 of Security Council resolution 1483 (2003).

8 December 2020

Commission Implementing Regulation (EU) 2020/2003 (Amending Regulation) was published in the Official Journal of the European Union by the European Commission of the European Union. Annexes III and IV to the Regulation have been amended with effect from 9 December 2020.

The Amending Regulation reflects the United Nations Security Council (UNSC) Committee’s Decision SC/14368 made on 1 December 2020 to remove one individual and eleven entities from the list of designated persons subject to an asset freeze. See also Jersey Gazette Financial Sanctions Notice Iraq 9 December 2020

22 October 2020

The Sanctions and Asset-Freezing (Implementation of EU Regulations) (Jersey) Order 2020 (the “2020 Order”), made under the Sanctions and Asset Freezing (Jersey) Law 2019 (the “Law”) came into force.

The Order gives effect to the whole of each EU sanctions Regulation specified in Schedule 1, as amended from time to time.

17 January 2020

Commission Implementing Regulation (EU) 2020/37 (the Amending Regulation) was published in the Official Journal of the European Union by the European Commission of the European Union. Annex III to the Regulation has been amended with effect from 18 January 2020.

The Amending Regulation reflects the United Nations Security Council (UNSC) Committee’s  Decision made on 2 January 2020 to remove fifteen entries from the list of designated persons subject to the assets freeze.

2 January 2020

United Nations Security Council (UNSC) Committee Decision SC/14068, fifteen entries were removed from the list of designated persons subject to the assets freeze set out by paragraphs 19 and 23 of Security Council resolution 1483 (2003).

6 November 2019

Commission Implementing Regulation (EU) 2019/1853 (the Amending Regulation) was published in the Official Journal of the European Union by the European Commission of the European Union. Annex III to the Regulation has been amended with effect from 7 November 2019.

The Amending Regulation reflects the United Nations Security Council (UNSC) Committee’s  Decision made on 30 October 2019 to remove two entries from the list of designated persons subject to the assets freeze.

30 October 2019

United Nations Security Council (UNSC) Committee Decision SC/14005, two entries were removed from the list of designated persons subject to the assets freeze set out by paragraphs 19 and 23 of Security Council resolution 1483 (2003).

4 July 2019

Commission Implementing Regulation (EU) 2019/1141 (the Amending Regulation) was published in the Official Journal of the European Union by the European Commission of the European Union. Annex III to the Regulation has been amended with effect from 5 July 2019.

The Amending Regulation reflects the United Nations Security Council (UNSC) Committee Decision SC/13868   made on 28 June 2019 to remove thirteen entries from the list of designated persons subject to the assets freeze set out by paragraphs 19 and 23 of Security Council resolution 1483 (2003).

Jersey regime

In accordance with the UN Security Council Resolutions 1483(2003) providing for the imposition of a travel ban on certain individuals and the freezing of funds and economic resources of certain designated individuals and entities, having regard to EU Council Common Position 2003/495/CFSP, the European community adopted Council Regulation (EC) No 2010/2003 of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq (the EU Council Regulation).

Under Article 29 of the Sanctions and Asset-Freezing (Jersey) Law 2019, if a person becomes a UN-listed person in relation to UNSCR 1483(2003) that person is to be treated, for the purpose of the Iraq Order, as if that person were already listed for the purpose of an asset freeze in the EU or UK sanctions provisions. This is an interim listing and ceases to have effect as soon as one of the following circumstances occurs:

  • 30 days after the person becomes a UN-listed person;
  • an amendment is made to an Annex of the EU  or UK  sanctions provisions to list the person for the purpose of an asset freeze;
  • the person ceases to be an UN-listed person.

The EU Legislation (Sanctions Iraq) (Jersey) Order 2018 was repealed and replaced by the  Sanctions and Asset-Freezing (Implementation of EU Regulations) (Jersey) Order 2020 ( the ” 2020 Order”) (in force from 22 October 2020).

Article 3 of the 2020 Order imposes the asset-freeze provisions in Part 3 of the Sanctions and Asset-Freezing (Jersey) Law 2019 (the SAFL) on any person listed in the relevant Annex of the EU Council Regulation. The Part 3 provisions also include, but are not limited to, articles 15-17 of the SAFL on exceptions, licences, and circumventing prohibitions etc.

Licence giving an exemption to an asset-freeze or other prohibition may only be granted if a relevant derogation is provided for in the EU Council Regulation.

The offences for this regime are set out in articles 4 and 5 of the 2020 Order, and Parts 3, 6, and 8 of the SAFL.

Legal acts

United Nations Security Council Resolutions:

  • UNSCR 661(1990)
  • UNSCR 1483(2003)
  • UNSCR 1518(2003)
  • UNSCR 1546(2004)

European Union

As the original EC Council Regulations have been 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.

Jersey Legislation

  • Sanctions and Asset-Freezing (Implementation of EU Regulations) (Jersey) Order 2020
  • Sanctions and Asset-Freezing (Jersey) Law 2019

Further information

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

This news item was originally published by the Jersey Financial Services Commission (JFSC JE). For more information, see the Source Link.

Regulator Information

Abbreviation: JFSC
Jurisdiction: Jersey

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