Overview of current sanctions measures
Current financial sanction measures implemented by Jersey in relation to Libya include:
- Freezing of funds and economic resources of listed persons, entities and bodies
- Embargo on equipment which might be used for internal repression
- Prohibition of procurement from Libya of equipment which might be used for internal repression
- Ban on provision of certain services (related to embargo on arms and equipment which might be used for internal repression)
- Specific restrictions on certain vessels in order to stop illegal exports of crude oil from Libya
- Prohibition to grant certain claims made by certain persons, entities and bodies, including the government of Libya
- Prohibits the provision of technical assistance related to the goods and technology listed in the Common Military List of the EU
- Prior authorisation regarding the export and supply of inflatable boats and outboard motors, also includes the provision of technical assistance, brokering services, financing or financial assistance relating to such export or supply
- Travel Ban
5 August 2020
The Amending Regulation updates the identifying information for one person.
6 March 2020
Council Implementing Regulation (EU) 2020/371 (“the Amending Regulation”) was published in the Official Journal of the European Union by the Council of the European Union to amend Annex II of the Council Regulation (EU) 2016/44 with effect from 6 March 2020.
The Amending Regulation reflects the decisions made on 25 February 2020 by the United Nations Security Council (UNSC) Committee to amend the identifying information of 5 existing entries that are still subject to an asset freeze.
25 February 2020
United Nations Security Council (UNSC) Committee Decision SC/14124 amended 5 entries on its Libya Sanctions List of individuals and entities subject to the assets freeze and travel ban set out in paragraphs 15 and/or 17 of Security Council resolution 1970 (2011) and/or paragraph 19 of resolution 1973 (2011), adopted under Chapter VII of the Charter of the United Nations.
2 August 2019
Council Implementing Regulation (EU) 2019/1292 (the Amending Regulation) was published in the Official Journal of the European Union. Two entries were removed from the consolidated list set out in Annex III to Regulation (EU) 2016/44, and are no longer subject to an asset freeze with effect from 3 August 2019.
9 January 2019
Corrigendum to Council Implementing Regulation (EU) No 2016/44 was published in the Official Journal of the European Union. The list of designated persons on Annex III has been amended.
5 November 2018
UN Resolution 2441 (2018), the restrictive measures explicitly apply not only to those involved or complicit in serious human rights abuses against Libyan civilians and facilities, abuses include planning, commanding, ordering or conducting attacks that violate international laws, but also to persons planning, directing or committing acts involving sexual and gender-based violence.
In accordance with UNSCR 1970 (2011) and successor resolutions, the European Community adopted Council Regulation (EU) No 204/2011. This was repealed in January 2016, and replaced with Council Regulation (EU) 2016/44 of 18 January 2016 concerning restrictive measures in view of the situation in Libya (the EU Council Regulation).
The EU Legislation (Sanctions – Libya) (Jersey) Order 2014 (the Libyan Order) (in force from 3 December 2014, last updated 19 August 2017) gives effect to, and applies 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 1970 (2011) that person is to be treated, for the purpose of the Libyan 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 a UN-listed person.
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 Libyan Order. As the Libyan Order is also a “prior EU sanctions Order”, the additional provisions in the Schedule to the GPO must be read as part of the Libyan Order.
As stipulated in the Libyan Order, any person who:
- contravenes Article 2, 2a, 3, 4, 5 or 15 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 General Provisions Order; or
- contravenes Article 12(2) or 18(1) of the EU Council Regulation,
is guilty of an offence and liable on conviction to a term of imprisonment and a fine.
- UNSCR 1970 (2011)
- UNSCR 2441 (2018)
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’.
- EU legislation (Sanctions – Libya) (Jersey) Order 2014
- Sanctions and Asset-Freezing (General Provisions) (Jersey) Order 2019
- Sanctions and Asset-Freezing (Jersey) Law 2019
Useful information is provided on gov.uk regarding Financial sanctions, Libya