Information on sanction measures in place with listed regimes.
Regimes are listed alphabetically below:
Afghanistan
- BACKGROUND
Following the UK's withdrawal from the European Union, the UK enacted the Afghanistan (Sanctions) (EU Exit) Regulations 2020 (" the UK Regulations") to give effect to various United Nations Security Council Resolutions imposing a sanctions regime in view of the situation in Afghanistan. These include UN Security Council Resolution 2255 (2017) adopted by the Security Council on 21 December 2015 (and previously UN Security Council Resolution 1988 (2011). The UK Regulations replace the EU sanctions regime relating to Afghanistan which was previously implemented in the UK by an EU Council Decision and Regulation.
The effect of the UK Regulations is that persons designated by the UN as associated with the Taliban in constituting a threat to the peace, stability and security of Afghanistan are designated for the purposes of financial restrictions, trade restrictions and travel bans under the UK Regulations. The restrictions under the UK Regulations are subject to exemptions applicable to certain transactions or activities, and also do not apply to anything that is permitted under a licence granted by the authorities.
BAILIWICK LEGISLATION
The Bailiwick has had domestic legislation in place to implement the UN measures since their inception, either directly or by implementing the corresponding EU regime. As a result of Brexit, this legislation has been replaced by the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020 ("the 2020 regulations"), which implement the UK Regulations.
Any addition to the UN list of designated persons is automatically effective under the UK Regulations as soon as it is made, and is therefore immediately effective in the Bailiwick.
All persons designated under the UK Regulations are included in the regime -specific list and the consolidated list of individuals and entities targeted by sanctions on the OFSI website (see link below).
Financial institutions and other bodies and persons in Guernsey should be aware of the prohibitions under the legislation and should check whether they have any business relationships, maintain any accounts or otherwise hold any funds or economic resources that relate to prohibited activities. They must put all necessary policies and procedures in place to ensure that they comply with the prohibitions under the legislation and should be particularly careful to ensure that they treat all accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body as frozen and that they refrain from making any funds or economic resources available directly or indirectly to any designated person without the consent of the licensing authority.
Failure to comply with any obligations under the UK Regulations, as implemented by the 2020 regulations, or under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") is a criminal offence under the Sanctions Law punishable with imprisonment and/or a fine.
REPORTING OBLIGATIONS
There are relevant reporting obligations under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") which apply to businesses that are subject to the Bailiwick's regime for countering money laundering and terrorist financing. These are obligations to report to the Policy and Resources Committee knowledge or suspicion that a person is a sanctioned person, is linked to a sanctioned person or has committed a sanctions breach, together with the information on which the knowledge or suspicion is based. Further information on these obligations is available here:guidance on reporting obligations [154kb]
The same businesses are subject to reporting obligations under the UK Regulations. These obligations are similar to those under the Sanctions Law, but in addition require a business to specify the nature and amount or quantity of any funds or economic resources held by it for that customer at the time when it first had the necessary knowledge or suspicion, and to report certain types of exempt transaction.
Failure to comply with the reporting obligations under the Sanctions Law or under the UK Regulations is a criminal offence punishable with imprisonment and/or a fine.
It is important to be aware that these reporting obligations are in addition to the obligation to report suspicion of money laundering and/or terrorism financing to the Financial Intelligence Unit under the Disclosure (Bailiwick of Guernsey) Law 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Law 2002. If dealings involving a designated person give rise to knowledge or suspicion that another person is engaged in money laundering or terrorist financing, or reasonable grounds for such knowledge or suspicion, a disclosure should be made in the form and manner prescribed by the Disclosure (Bailiwick of Guernsey) Regulations 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Regulations 2007, in addition to any report to the Policy & Resources Committee.
OUTREACH
Members of the Sanctions Committee, including the Policy & Resources Committee, Guernsey Law Enforcement, the GFSC and the Law Officers Chambers, regularly provide outreach in relation to sanctions. In the first quarter of 2017 the Policy and Resources Committee, in liaison with the Sanctions Committee, held a conference with international speakers on International Terrorist Financing: Risk Awareness and Mitigation for businesses in Guernsey. The slides here [18kb] articulate messages which have routinely been issued by member authorities of the Sanctions Committee to the private sector.Information provided at briefings for the private sector by the Policy & Resources Committee, in liaison with the Sanctions Committee, in Guernsey in May 2023 is available
COMPETENT AUTHORITY
Under the 2020 regulations the Policy & Resources Committee is the licensing authority in relation to these sanctions. Any queries should be sent to policyandresources@gov.gg with the subject line 'Afghanistan Sanctions'.
Relevant links:
UK Sanctions List
https://www.gov.uk/government/publications/the-uk-sanctions-list
OFSI Consolidated Lists of Financial Sanctions Targets
https://www.gov.uk/government/publications/financial-sanctions-consolidated-list-of-targets(Republic of) Belarus
- BACKGROUND
Following the UK's withdrawal from the European Union, the UK enacted the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019 (" the UK Regulations") for the purpose of encouraging the Government of Belarus: to respect democratic principles and institutions, the separation of powers and the rule of law; to refrain from the repression of civil society in Belarus; to properly investigate and institute criminal proceedings against those responsible for the disappearance of four persons named in the UK Regulations; and to comply with international human rights law and to respect human rights.
The UK Regulations enable the Secretary of State to designate persons involved in: conduct enabling or facilitating the disappearance of the four persons named in the UK Regulations, or the failure to investigate properly and institute criminal proceedings against the persons responsible for those disappearances; the commission of a serious human rights violation or abuse in Belarus; the repression of civil society or democratic opposition in Belarus; or other actions, policies or activities which undermine democracy or the rule of law in Belarus. Designated persons may be made subject to travel bans or financial sanctions, including having their funds and/or economic resources frozen.
The UK Regulations also impose trade restrictions on certain goods and technology, namely military goods and military technology and other goods and technology which may be used to repress the civilian population of Belarus.
The UK Regulations replace the EU sanctions regime in relation to the Republic of Belarus that was previously implemented in the UK via an EU Council Decision and Regulation.
BAILIWICK LEGISLATION
The Bailiwick has had domestic legislation in place to implement the EU sanctions regime relating to the Republic of Belarus since its inception. As a result of Brexit, this legislation has been repealed and replaced by the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020 ("the 2020 regulations"), which implement the UK Regulations.
All persons designated under the UK Regulations are included in the regime -specific list and the consolidated list of individuals and entities targeted by sanctions on the OFSI website (see link below).
Any addition to the list of designated persons is automatically effective under the UK Regulations as soon as it is made, and is therefore immediately effective in the Bailiwick.
Financial institutions and other bodies and persons in Guernsey should be aware of the prohibitions under the legislation and should check whether they have any business relationships, maintain any accounts or otherwise hold any funds or economic resources that relate to prohibited activities. They must put all necessary policies and procedures in place to ensure that they comply with the prohibitions under the legislation and should be particularly careful to ensure that they treat all accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body as frozen and that they refrain from making any funds or economic resources available directly or indirectly to any designated person without the consent of the licensing authority.
Failure to comply with any obligations under the UK Regulations, as implemented by the 2020 regulations, or under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") is a criminal offence under the Sanctions Law punishable with imprisonment and/or a fine.
REPORTING OBLIGATIONS
There are relevant reporting obligations under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") which apply to businesses that are subject to the Bailiwick's regime for countering money laundering and terrorist financing. These are obligations to report to the Policy and Resources Committee knowledge or suspicion that a person is a sanctioned person, is linked to a sanctioned person or has committed a sanctions breach, together with the information on which the knowledge or suspicion is based. Further information on these obligations is available here:
The same businesses are subject to reporting obligations under the UK Regulations. These obligations are similar to those under the Sanctions Law, but in addition require a business to specify the nature and amount or quantity of any funds or economic resources held by it for that customer at the time when it first had the necessary knowledge or suspicion, and to report certain types of exempt transaction
Failure to comply with the reporting obligations under the Sanctions Law or under the UK Regulations is a criminal offence punishable with imprisonment and/or a fine.
It is important to be aware that these reporting obligations are in addition to the obligation to report suspicion of money laundering and/or terrorism financing to the Financial Intelligence Unit under the Disclosure (Bailiwick of Guernsey) Law 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Law 2002. If dealings involving a designated person give rise to knowledge or suspicion that another person is engaged in money laundering or terrorist financing, or reasonable grounds for such knowledge or suspicion, a disclosure should be made in the form and manner prescribed by the Disclosure (Bailiwick of Guernsey) Regulations 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Regulations 2007, in addition to any report to the Policy & Resources Committee.
COMPETENT AUTHORITY
Under the 2020 regulations, the Policy & Resources Committee is the competent authority for issuing financial licences and the Committee for Home Affairs is the competent authority for issuing trade licences. Any queries should be sent to policyandresources@gov.gg with the subject line 'Belarus Sanctions'.
Relevant links:
UK Sanctions List
https://www.gov.uk/government/publications/the-uk-sanctions-list
OFSI Consolidated Lists of Financial Sanctions Targets
https://www.gov.uk/government/publications/financial-sanctions-consolidated-list-of-targetsBosnia & Herzegovina
- BACKGROUND
Following the UK's withdrawal from the European Union, the UK enacted the Bosnia and Herzegovina (Sanctions) (EU Exit) Regulations 2020 (" the UK Regulations") to replace the EU sanctions regime relating to Bosnia and Herzegovina that was previously implemented in the UK by an EU Council Decision.
The UK Regulations enable the Secretary of State to designate persons who are, or have been, involved in undermining or threatening the sovereignty, territorial integrity, international personality or constitutional order of Bosnia and Herzegovina; undermining or threatening the peace, stability or security of Bosnia and Herzegovina; obstructing the implementation of or otherwise undermining the commitments contained in the Dayton/Paris General Framework Agreement for Peace.
Designated persons may be made subject to travel bans and financial sanctions, including having their funds and/or economic resources frozen. The restrictions under the UK Regulations are subject to exemptions applicable to certain transactions or activities, and also do not apply to anything that is permitted under a licence granted by the authorities.
BAILIWICK LEGISLATION
The UK Regulations are implemented in the Bailiwick by the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020 ("the 2020 regulations"). All persons designated under the UK Regulations are included in the regime -specific list and the consolidated list of individuals and entities targeted by sanctions on the OFSI website (see link below).
Any addition to the list of designated persons is automatically effective under the UK Regulations as soon as it is made, and is therefore immediately effective in the Bailiwick.
Financial institutions and other bodies and persons in Guernsey should be aware of the prohibitions under the legislation and should check whether they have any business relationships, maintain any accounts or otherwise hold any funds or economic resources that relate to prohibited activities. They must put all necessary policies and procedures in place to ensure that they comply with the prohibitions under the legislation and should be particularly careful to ensure that they treat all accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body as frozen and that they refrain from making any funds or economic resources available directly or indirectly to any designated person without the consent of the licensing authority.
Failure to comply with any obligations under the UK Regulations, as implemented by the 2020 regulations, or under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") is a criminal offence under the Sanctions Law punishable with imprisonment and/or a fine.
REPORTING OBLIGATIONS
There are relevant reporting obligations under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") which apply to businesses that are subject to the Bailiwick's regime for countering money laundering and terrorist financing. These are obligations to report to the Policy and Resources Committee knowledge or suspicion that a person is a sanctioned person, is linked to a sanctioned person or has committed a sanctions breach, together with the information on which the knowledge or suspicion is based. Further information on these obligations is available here:
The same businesses are subject to reporting obligations under the UK Regulations. These obligations are similar to those under the Sanctions Law, but in addition require a business to specify the nature and amount or quantity of any funds or economic resources held by it for that customer at the time when it first had the necessary knowledge or suspicion, and to report certain types of exempt transaction
Failure to comply with the reporting obligations under the Sanctions Law or under the UK Regulations is a criminal offence punishable with imprisonment and/or a fine.
It is important to be aware that these reporting obligations are in addition to the obligation to report suspicion of money laundering and/or terrorism financing to the Financial Intelligence Unit under the Disclosure (Bailiwick of Guernsey) Law 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Law 2002. If dealings involving a designated person give rise to knowledge or suspicion that another person is engaged in money laundering or terrorist financing, or reasonable grounds for such knowledge or suspicion, a disclosure should be made in the form and manner prescribed by the Disclosure (Bailiwick of Guernsey) Regulations 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Regulations 2007, in addition to any report to the Policy & Resources Committee.
COMPETENT AUTHORITY
Under the 2020 regulations, the Policy & Resources Committee is the licensing authority in relation to these sanctions. Any queries should be sent to policyandresources@gov.gg with the subject line 'Bosnia & Herzegovina Sanctions'.
Relevant links:
UK Sanctions List
https://www.gov.uk/government/publications/the-uk-sanctions-list
OFSI Consolidated Lists of Financial Sanctions Targets
https://www.gov.uk/government/publications/financial-sanctions-consolidated-list-of-targetsBurundi
- BACKGROUND
Following the UK's withdrawal from the European Union, the UK enacted the Burundi (Sanctions) (EU Exit) Regulations 2019 (" the 2019 UK Regulations") for the purpose of encouraging the Government of Burundi to: respect democratic principles and institutions and the rule of law; refrain from the repression of civil society; search for a peaceful solution to the political situation in Burundi and comply with international human rights law and to respect human rights. The 2019 UK Regulations replaced the EU sanctions regime in relation to Burundi previously in force in the UK under an EU Council Decision and Regulation.
In December 2021, the UK repealed the 2019 UK Regulations and replaced them with the Burundi (Sanctions) Regulations 2021 ("the UK Regulations"). In the new regulations, the provisions setting out the purposes of the sanctions measures no longer include the purpose of encouraging the Government of Burundi to participate in negotiations with its political opponents in good faith to bring about a peaceful solution to the political situation there, and a designation criteria related to that purpose has also been removed. This has been done following the change of President in Burundi as a result of the elections in May 2020.
The UK Regulations enable the Secretary of State to designate persons who are subject to travel bans and financial sanctions, including having their funds and/or economic resources frozen. The restrictions under the UK Regulations are subject to exemptions applicable to certain transactions or activities, and also do not apply to anything that is permitted under a licence granted by the authorities.
BAILIWICK LEGISLATION
The Bailiwick has had domestic legislation in place to implement the EU sanctions regime in relation to Burundi since its inception. As a result of Brexit, this legislation was repealed and replaced by the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020 ("the 2020 regulations"), which implement the UK Regulations.
In December 2021, the Bailiwick introduced the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) (Amendment - Burundi) Regulations, 2021. These regulations amend the 2020 regulations in order to give effect within the Bailiwick to changes to the sanctions regime in the United Kingdom. The changes comprise the introduction by the United Kingdom of the Burundi (Sanctions) Regulations 2021 and the repeal of the Burundi (Sanctions) (EU Exit) Regulations 2019.
All persons designated under the UK Regulations are included in the regime -specific list and the consolidated list of individuals and entities targeted by sanctions on the OFSI website (see link below)
Any addition to the list of designated persons is automatically effective under the UK Regulations as soon as it is made, and is therefore immediately effective in the Bailiwick.
Financial institutions and other bodies and persons in Guernsey should be aware of the prohibitions under the legislation and should check whether they have any business relationships, maintain any accounts or otherwise hold any funds or economic resources that relate to prohibited activities. They must put all necessary policies and procedures in place to ensure that they comply with the prohibitions under the legislation and should be particularly careful to ensure that they treat all accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body as frozen and that they refrain from making any funds or economic resources available directly or indirectly to any designated person without the consent of the licensing authority.
Failure to comply with any obligations under the UK Regulations, as implemented by the 2020 regulations, or under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") is a criminal offence under the Sanctions Law punishable with imprisonment and/or a fine.
REPORTING OBLIGATIONS
There are relevant reporting obligations under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") which apply to businesses that are subject to the Bailiwick's regime for countering money laundering and terrorist financing. These are obligations to report to the Policy and Resources Committee knowledge or suspicion that a person is a sanctioned person, is linked to a sanctioned person or has committed a sanctions breach, together with the information on which the knowledge or suspicion is based. Further information on these obligations is available here:
The same businesses are subject to reporting obligations under the UK Regulations. These obligations are similar to those under the Sanctions Law, but in addition require a business to specify the nature and amount or quantity of any funds or economic resources held by it for that customer at the time when it first had the necessary knowledge or suspicion, and to report certain types of exempt transaction.
Failure to comply with the reporting obligations under the Sanctions Law or under the UK Regulations is a criminal offence punishable with imprisonment and/or a fine.
It is important to be aware that these reporting obligations are in addition to the obligation to report suspicion of money laundering and/or terrorism financing to the Financial Intelligence Unit under the Disclosure (Bailiwick of Guernsey) Law 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Law 2002. If dealings involving a designated person give rise to knowledge or suspicion that another person is engaged in money laundering or terrorist financing, or reasonable grounds for such knowledge or suspicion, a disclosure should be made in the form and manner prescribed by the Disclosure (Bailiwick of Guernsey) Regulations 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Regulations 2007, in addition to any report to the Policy & Resources Committee.
COMPETENT AUTHORITY
Under the 2020 regulations, the Policy & Resources Committee is the licensing authority in relation to these sanctions. Any queries should be sent to policyandresources@gov.gg with the subject line 'Burundi Sanctions'.
Relevant links:
UK Sanctions List
https://www.gov.uk/government/publications/the-uk-sanctions-list
OFSI Consolidated Lists of Financial Sanctions Targets
https://www.gov.uk/government/publications/financial-sanctions-consolidated-list-of-targetsCentral African Republic
- BACKGROUND
Following the UK's withdrawal from the European Union, the UK enacted the Central African Republic (Sanctions) (EU Exit) Regulations 2020 (" the UK Regulations") to give effect to various United Nations Security Council Resolutions imposing a sanctions regime in view of the situation in the Central African Republic. The UK Regulations replace the EU sanctions regime relating to the Central African Republic which was previously implemented in the UK by an EU Council Decision and Regulation.
The UK Regulations enable the Secretary of State to designate persons who are involved in activity which threatens the peace, stability and security of the Central African Republic, or who are involved in the commission of serious human rights violations or abuses in the Central African Republic may be designated under the UK Regulations. Designated persons may be made subject to travel bans and financial sanctions, including having their funds and/or economic resources frozen. The UK Regulations also impose trade restrictions on military goods and technology. The restrictions under the UK Regulations are subject to exemptions applicable to certain transactions or activities, and also do not apply to anything that is permitted under a licence granted by the authorities.
BAILIWICK LEGISLATION
The Bailiwick has had domestic legislation in place to implement the EU sanctions regime relating to the Central African Republic since its inception. As a result of Brexit, this legislation has been repealed and replaced by the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020 ("the 2020 regulations"), which implement the UK Regulations.
All persons designated under the UK Regulations are included in the regime -specific list and the consolidated list of individuals and entities targeted by sanctions on the OFSI website (see link below).
Any addition to the list of designated persons is automatically effective under the UK Regulations as soon as it is made, and is therefore immediately effective in the Bailiwick.
Financial institutions and other bodies and persons in Guernsey should be aware of the prohibitions under the legislation and should check whether they have any business relationships, maintain any accounts or otherwise hold any funds or economic resources that relate to prohibited activities. They must put all necessary policies and procedures in place to ensure that they comply with the prohibitions under the legislation and should be particularly careful to ensure that they treat all accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body as frozen and that they refrain from making any funds or economic resources available directly or indirectly to any designated person without the consent of the licensing authority.
Failure to comply with any obligations under the UK Regulations, as implemented by the 2020 regulations, or under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") is a criminal offence under the Sanctions Law punishable with imprisonment and/or a fine.
REPORTING OBLIGATIONS
There are relevant reporting obligations under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") which apply to businesses that are subject to the Bailiwick's regime for countering money laundering and terrorist financing. These are obligations to report to the Policy and Resources Committee knowledge or suspicion that a person is a sanctioned person, is linked to a sanctioned person or has committed a sanctions breach, together with the information on which the knowledge or suspicion is based. Further information on these obligations is available here:
The same businesses are subject to reporting obligations under the UK Regulations. These obligations are similar to those under the Sanctions Law, but in addition require a business to specify the nature and amount or quantity of any funds or economic resources held by it for that customer at the time when it first had the necessary knowledge or suspicion, and to report certain types of exempt transaction.
Failure to comply with the reporting obligations under the Sanctions Law or under the UK Regulations is a criminal offence punishable with imprisonment and/or a fine.
It is important to be aware that these reporting obligations are in addition to the obligation to report suspicion of money laundering and/or terrorism financing to the Financial Intelligence Unit under the Disclosure (Bailiwick of Guernsey) Law 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Law 2002. If dealings involving a designated person give rise to knowledge or suspicion that another person is engaged in money laundering or terrorist financing, or reasonable grounds for such knowledge or suspicion, a disclosure should be made in the form and manner prescribed by the Disclosure (Bailiwick of Guernsey) Regulations 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Regulations 2007, in addition to any report to the Policy & Resources Committee.
COMPETENT AUTHORITY
Under the 2020 regulations, the Policy & Resources Committee is the competent authority for issuing licences and the Committee for Home Affairs is the competent authority for issuing trade licences. Any queries should be sent to policyandresources@gov.gg with the subject line 'Central African Republic Sanctions'.
Relevant links:
UK Sanctions List
https://www.gov.uk/government/publications/the-uk-sanctions-list
OFSI Consolidated Lists of Financial Sanctions Targets
https://www.gov.uk/government/publications/financial-sanctions-consolidated-list-of-targetsChemical Weapons
- BACKGROUND
Following the UK's withdrawal from the European Union, the UK enacted the Chemical Weapons (Sanctions) (EU Exit) Regulations 2019 (" the UK Regulations") for the purpose of discouraging the proliferation and use of chemical weapons. The UK Regulations replace the EU sanctions regime in relation to chemical weapons previously in force in the UK under an EU Council Decision and Regulation.
The UK Regulations enable the Secretary of State to designate persons who may be made subject to travel bans and financial sanctions, including having their funds and/or economic resources frozen. The restrictions under the UK Regulations are subject to exemptions applicable to certain transactions or activities, and also do not apply to anything that is permitted under a licence granted by the authorities.
BAILIWICK LEGISLATION
The Bailiwick has had domestic legislation in place to implement the EU sanctions regime relating to chemical weapons since its inception. As a result of Brexit, this legislation has been repealed and replaced by the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020 ("the 2020 regulations"), which implement the UK Regulations.
All persons designated under the UK Regulations are included in the regime -specific list and the consolidated list of individuals and entities targeted by sanctions on the OFSI website (see link below).
Any addition to the list of designated persons is automatically effective under the UK Regulations as soon as it is made, and is therefore immediately effective in the Bailiwick.
Financial institutions and other bodies and persons in Guernsey should be aware of the prohibitions under the legislation and should check whether they have any business relationships, maintain any accounts or otherwise hold any funds or economic resources that relate to prohibited activities. They must put all necessary policies and procedures in place to ensure that they comply with the prohibitions under the legislation and should be particularly careful to ensure that they treat all accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body as frozen and that they refrain from making any funds or economic resources available directly or indirectly to any designated person without the consent of the licensing authority.
Failure to comply with any obligations under the UK Regulations, as implemented by the 2020 regulations, or under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") is a criminal offence under the Sanctions Law punishable with imprisonment and/or a fine.
REPORTING OBLIGATIONS
There are relevant reporting obligations under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") which apply to businesses that are subject to the Bailiwick's regime for countering money laundering and terrorist financing. These are obligations to report to the Policy and Resources Committee knowledge or suspicion that a person is a sanctioned person, is linked to a sanctioned person or has committed a sanctions breach, together with the information on which the knowledge or suspicion is based. Further information on these obligations is available here:
The same businesses are subject to reporting obligations under the UK Regulations. These obligations are similar to those under the Sanctions Law, but in addition require a business to specify the nature and amount or quantity of any funds or economic resources held by it for that customer at the time when it first had the necessary knowledge or suspicion, and to report certain types of exempt transaction.
Failure to comply with the reporting obligations under the Sanctions Law or under the UK Regulations is a criminal offence punishable with imprisonment and/or a fine.
It is important to be aware that these reporting obligations are in addition to the obligation to report suspicion of money laundering and/or terrorism financing to the Financial Intelligence Unit under the Disclosure (Bailiwick of Guernsey) Law 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Law 2002. If dealings involving a designated person give rise to knowledge or suspicion that another person is engaged in money laundering or terrorist financing, or reasonable grounds for such knowledge or suspicion, a disclosure should be made in the form and manner prescribed by the Disclosure (Bailiwick of Guernsey) Regulations 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Regulations 2007, in addition to any report to the Policy & Resources Committee.
COMPETENT AUTHORITY
Under the 2020 regulations, the Policy & Resources Committee is the licensing authority in relation to these sanctions. Any queries should be sent to policyandresources@gov.gg with the subject line 'Chemical Weapons Sanctions'.
Relevant links:
UK Sanctions List
https://www.gov.uk/government/publications/the-uk-sanctions-list
OFSI Consolidated Lists of Financial Sanctions Targets
https://www.gov.uk/government/publications/financial-sanctions-consolidated-list-of-targetsCybercrime
- BACKGROUND
Following the UK's withdrawal from the European Union, the UK enacted the Cyber (Sanctions) (EU Exit) Regulations 2020 (" the UK Regulations") for the purpose of furthering the prevention of certain cyber activity.
The UK Regulations replace a corresponding EU sanctions regime relating to cyber activity that was previously implemented in the UK by an EU Council Decision and Regulation.
The UK Regulations enable the Secretary of State to designate persons involved in certain cyber activity who may be made subject to travel bans or financial sanctions, including having their funds or economic resources frozen.
The restrictions under the UK Regulations are subject to exemptions applicable to certain transactions or activities, and also do not apply to anything that is permitted under a licence granted by the authorities.
BAILIWICK LEGISLATION
The Bailiwick has had domestic legislation in place to implement the EU sanctions regime relating cyber crime since its inception. As a result of Brexit, this legislation has been repealed and replaced by the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020 ("the 2020 regulations"), which implement the UK Regulations.
All persons designated under the UK Regulations are included in the regime -specific list and the consolidated list of individuals and entities targeted by sanctions on the OFSI website (see link below).
Any addition to the list of designated persons is automatically effective under the UK Regulations as soon as it is made, and is therefore immediately effective in the Bailiwick.
Financial institutions and other bodies and persons in Guernsey should be aware of the prohibitions under the legislation and should check whether they have any business relationships, maintain any accounts or otherwise hold any funds or economic resources that relate to prohibited activities. They must put all necessary policies and procedures in place to ensure that they comply with the prohibitions under the legislation and should be particularly careful to ensure that they treat all accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body as frozen and that they refrain from making any funds or economic resources available directly or indirectly to any designated person without the consent of the licensing authority.
Failure to comply with any obligations under the UK Regulations, as implemented by the 2020 regulations, or under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") is a criminal offence under the Sanctions Law punishable with imprisonment and/or a fine.
REPORTING OBLIGATIONS
There are relevant reporting obligations under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") which apply to businesses that are subject to the Bailiwick's regime for countering money laundering and terrorist financing. These are obligations to report to the Policy and Resources Committee knowledge or suspicion that a person is a sanctioned person, is linked to a sanctioned person or has committed a sanctions breach, together with the information on which the knowledge or suspicion is based. Further information on these obligations is available here:
The same businesses are subject to reporting obligations under the UK Regulations. These obligations are similar to those under the Sanctions Law, but in addition require a business to specify the nature and amount or quantity of any funds or economic resources held by it for that customer at the time when it first had the necessary knowledge or suspicion, and to report certain types of exempt transaction.
Failure to comply with the reporting obligations under the Sanctions Law or under the UK Regulations is a criminal offence punishable with imprisonment and/or a fine.
It is important to be aware that these reporting obligations are in addition to the obligation to report suspicion of money laundering and/or terrorism financing to the Financial Intelligence Unit under the Disclosure (Bailiwick of Guernsey) Law 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Law 2002. If dealings involving a designated person give rise to knowledge or suspicion that another person is engaged in money laundering or terrorist financing, or reasonable grounds for such knowledge or suspicion, a disclosure should be made in the form and manner prescribed by the Disclosure (Bailiwick of Guernsey) Regulations 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Regulations 2007, in addition to any report to the Policy & Resources Committee.
COMPETENT AUTHORITY
Under the 2020 regulations, the Policy & Resources Committee is the licensing authority in relation to these sanctions. Any queries should be sent to policyandresources@gov.gg with the subject line 'Cyber Sanctions'.
Relevant links:
UK Sanctions List
https://www.gov.uk/government/publications/the-uk-sanctions-list
OFSI Consolidated Lists of Financial Sanctions Targets
https://www.gov.uk/government/publications/financial-sanctions-consolidated-list-of-targetsDemocratic Republic of Congo
- BACKGROUND
Following the UK's withdrawal from the European Union, the UK enacted the Democratic Republic of Congo (Sanctions) (EU Exit) Regulations 2020 (" the UK Regulations") for the purpose of promoting resolution of the conflict, respect for human rights, compliance with international humanitarian law, and respect for democracy, the rule of law and good governance in the Democratic Republic of Congo ("DRC") . The UK Regulations also implement the UN sanctions regime in respect of the DRC and replace the EU sanctions regime that imposed certain restrictive measures directly against persons acting in violation of the arms embargo with regard to the DRC via an EU Council Decision and Regulation.
The UK Regulations enable the Secretary of State to designate persons involved in the commission of serious human rights violations or abuses, violations of international humanitarian law and persons who have obstructed or undermined respect for democracy, the rule of law and good governance in the DRC. Designated persons may be made subject to travel bans and financial sanctions, including having their funds and/or economic resources frozen. The UK Regulations also impose trade restrictions on military goods and technology for non-governmental entities and individuals operating in the DRC. The restrictions under the UK Regulations are subject to exemptions applicable to certain transactions or activities, and also do not apply to anything that is permitted under a licence granted by the authorities.
BAILIWICK LEGISLATION
The Bailiwick has had domestic legislation in place to implement the UN sanctions regime relating to the DRC since its inception, either directly or by implementing the corresponding EU regime. As a result of Brexit, this legislation has been repealed and replaced by the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020 ("the 2020 regulations"), which implement the UK Regulations.
All persons designated under the UK Regulations are included in the regime -specific list and the consolidated list of individuals and entities targeted by sanctions on the OFSI website (see link below).
Any addition to the list of designated persons is automatically effective under the UK Regulations as soon as it is made, and is therefore immediately effective in the Bailiwick.
Financial institutions and other bodies and persons in Guernsey should be aware of the prohibitions under the legislation and should check whether they have any business relationships, maintain any accounts or otherwise hold any funds or economic resources that relate to prohibited activities. They must put all necessary policies and procedures in place to ensure that they comply with the prohibitions under the legislation and should be particularly careful to ensure that they treat all accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body as frozen and that they refrain from making any funds or economic resources available directly or indirectly to any designated person without the consent of the licensing authority.
Failure to comply with any obligations under the UK Regulations, as implemented by the 2020 regulations, or under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") is a criminal offence under the Sanctions Law punishable with imprisonment and/or a fine.
REPORTING OBLIGATIONS
There are relevant reporting obligations under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") which apply to businesses that are subject to the Bailiwick's regime for countering money laundering and terrorist financing. These are obligations to report to the Policy and Resources Committee knowledge or suspicion that a person is a sanctioned person, is linked to a sanctioned person or has committed a sanctions breach, together with the information on which the knowledge or suspicion is based. Further information on these obligations is available here:
The same businesses are subject to reporting obligations under the UK Regulations. These obligations are similar to those under the Sanctions Law, but in addition require a business to specify the nature and amount or quantity of any funds or economic resources held by it for that customer at the time when it first had the necessary knowledge or suspicion, and to report certain types of exempt transaction.
Failure to comply with the reporting obligations under the Sanctions Law or under the UK Regulations is a criminal offence punishable with imprisonment and/or a fine.
It is important to be aware that these reporting obligations are in addition to the obligation to report suspicion of money laundering and/or terrorism financing to the Financial Intelligence Unit under the Disclosure (Bailiwick of Guernsey) Law 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Law 2002. If dealings involving a designated person give rise to knowledge or suspicion that another person is engaged in money laundering or terrorist financing, or reasonable grounds for such knowledge or suspicion, a disclosure should be made in the form and manner prescribed by the Disclosure (Bailiwick of Guernsey) Regulations 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Regulations 2007, in addition to any report to the Policy & Resources Committee.
COMPETENT AUTHORITY
Under the 2020 regulations, the Policy & Resources Committee is the competent authority for issuing financial licences and the Committee for Home Affairs is the competent authority for issuing trade licences. Any queries should be sent to policyandresources@gov.gg with the subject line 'DRC Sanctions'.
Relevant links:
UK Sanctions List
https://www.gov.uk/government/publications/the-uk-sanctions-list
OFSI Consolidated Lists of Financial Sanctions Targets
https://www.gov.uk/government/publications/financial-sanctions-consolidated-list-of-targetsGlobal Anti-Corruption
- BACKGROUND
The UK has enacted the Global Anti-Corruption Sanctions Regulations 2021 ("the UK Regulations") for the purposes of preventing and combatting serious corruption.
The UK Regulations replace the Misappropriation (Sanctions) (EU Exit) Regulations 2020 ("the Misappropriation Regulations") concerning misappropriation of State funds from any country outside the UK. The Misappropriation Regulations were introduced following Brexit, and replaced a number of geographically specific EU sanctions regimes relating to Egypt, Tunisia and Ukraine that were previously implemented in the UK by EU Council Decisions and Regulations.
The UK Regulations enable the Secretary of State to designate persons involved in serious corruption. Designated persons may be made subject to travel bans or financial sanctions, including having their funds or economic resources frozen.
The restrictions under the UK Regulations are subject to exemptions applicable to certain transactions or activities, and also do not apply to anything that is permitted under a licence granted by the authorities.
BAILIWICK LEGISLATION
The Bailiwick has had domestic legislation in place to implement the EU sanctions regimes relating to misappropriation in respect of Egypt, Tunisia and Ukraine, and to implement the Misappropriation Regulations since their inception. The Misappropriation Regulations were implemented in the Bailiwick by the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020 ("the 2020 regulations").
The 2020 regulations have been amended by the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) (Amendment - Global Anti-Corruption) Regulations, 2021, which replace all reference to the Misappropriation Regulations with reference to the UK Regulations. The 2020 regulations implement the UK Regulations in the Bailiwick.
All persons designated under the UK Regulations are included in the regime -specific list and the consolidated list of individuals and entities targeted by sanctions on the OFSI website (see link below).
Any addition to the list of designated persons is automatically effective under the UK Regulations as soon as it is made, and is therefore immediately effective in the Bailiwick.
Financial institutions and other bodies and persons in Guernsey should be aware of the prohibitions under the legislation and should check whether they have any business relationships, maintain any accounts or otherwise hold any funds or economic resources that relate to prohibited activities. They must put all necessary policies and procedures in place to ensure that they comply with the prohibitions under the legislation and should be particularly careful to ensure that they treat all accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body as frozen and that they refrain from making any funds or economic resources available directly or indirectly to any designated person without the consent of the licensing authority.
Failure to comply with any obligations under the UK Regulations, as implemented by the 2020 regulations, or under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") is a criminal offence under the Sanctions Law punishable with imprisonment and/or a fine.
REPORTING OBLIGATIONS
There are relevant reporting obligations under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") which apply to businesses that are subject to the Bailiwick's regime for countering money laundering and terrorist financing. These are obligations to report to the Policy and Resources Committee knowledge or suspicion that a person is a sanctioned person, is linked to a sanctioned person or has committed a sanctions breach, together with the information on which the knowledge or suspicion is based. Further information on these obligations is available here:
The same businesses are subject to reporting obligations under the UK Regulations. These obligations are similar to those under the Sanctions Law, but in addition require a business to specify the nature and amount or quantity of any funds or economic resources held by it for that customer at the time when it first had the necessary knowledge or suspicion, and to report certain types of exempt transaction.
Failure to comply with the reporting obligations under the Sanctions Law or under the UK Regulations is a criminal offence punishable with imprisonment and/or a fine.
It is important to be aware that these reporting obligations are in addition to the obligation to report suspicion of money laundering and/or terrorism financing to the Financial Intelligence Unit under the Disclosure (Bailiwick of Guernsey) Law 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Law 2002. If dealings involving a designated person give rise to knowledge or suspicion that another person is engaged in money laundering or terrorist financing, or reasonable grounds for such knowledge or suspicion, a disclosure should be made in the form and manner prescribed by the Disclosure (Bailiwick of Guernsey) Regulations 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Regulations 2007, in addition to any report to the Policy & Resources Committee.
COMPETENT AUTHORITY
Under the 2020 regulations, the Policy & Resources Committee is the licensing authority in relation to these sanctions. Any queries should be sent to policyandresources@gov.gg with the subject line 'Anti-Corruption Sanctions'.
Relevant links:
UK Sanctions List
https://www.gov.uk/government/publications/the-uk-sanctions-list
OFSI Consolidated Lists of Financial Sanctions Targets
https://www.gov.uk/government/publications/financial-sanctions-consolidated-list-of-targets
The 2020 regulations
The Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020
Amendment to the 2020 regulations
The Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) (Amendment - Global Anti-Corruption) Regulations, 2021
Global Human Rights
- BACKGROUND
The UK has enacted the Global Human Rights Sanctions Regulations 2020 (" the UK Regulations") for the purposes of for the purpose of deterring, and providing accountability for, activities which, if carried out by or on behalf of a State, would amount to serious violations of certain human rights by that State. The activities could be carried out by a State or non-State actor.
The UK Regulations enable the Secretary of State to designate persons who may be made subject to travel bans or financial sanctions, including having their funds or economic resources frozen.
The restrictions under the UK Regulations are subject to exemptions applicable to certain transactions or activities, and also do not apply to anything that is permitted under a licence granted by the authorities.
BAILIWICK LEGISLATION
The Bailiwick has had domestic legislation in place to implement the UK sanctions regime relating to global human rights since its inception. In order to align the implementation of this regime with the implementation of other UK regimes as a result of Brexit, this legislation has been repealed and replaced by the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020 ("the 2020 regulations"), which implement the UK Regulations.
All persons designated under the UK Regulations are included in the regime -specific list and the consolidated list of individuals and entities targeted by sanctions on the OFSI website (see link below).
Any addition to the list of designated persons is automatically effective under the UK Regulations as soon as it is made, and is therefore immediately effective in the Bailiwick.
Financial institutions and other bodies and persons in Guernsey should be aware of the prohibitions under the legislation and should check whether they have any business relationships, maintain any accounts or otherwise hold any funds or economic resources that relate to prohibited activities. They must put all necessary policies and procedures in place to ensure that they comply with the prohibitions under the legislation and should be particularly careful to ensure that they treat all accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body as frozen and that they refrain from making any funds or economic resources available directly or indirectly to any designated person without the consent of the licensing authority.
Failure to comply with any obligations under the UK Regulations, as implemented by the 2020 regulations, or under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") is a criminal offence under the Sanctions Law punishable with imprisonment and/or a fine.
REPORTING OBLIGATIONS
There are relevant reporting obligations under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") which apply to businesses that are subject to the Bailiwick's regime for countering money laundering and terrorist financing. These are obligations to report to the Policy and Resources Committee knowledge or suspicion that a person is a sanctioned person, is linked to a sanctioned person or has committed a sanctions breach, together with the information on which the knowledge or suspicion is based. Further information on these obligations is available here:
The same businesses are subject to reporting obligations under the UK Regulations. These obligations are similar to those under the Sanctions Law, but in addition require a business to specify the nature and amount or quantity of any funds or economic resources held by it for that customer at the time when it first had the necessary knowledge or suspicion, and to report certain types of exempt transaction.
Failure to comply with the reporting obligations under the Sanctions Law or under the UK Regulations is a criminal offence punishable with imprisonment and/or a fine.
It is important to be aware that these reporting obligations are in addition to the obligation to report suspicion of money laundering and/or terrorism financing to the Financial Intelligence Unit under the Disclosure (Bailiwick of Guernsey) Law 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Law 2002. If dealings involving a designated person give rise to knowledge or suspicion that another person is engaged in money laundering or terrorist financing, or reasonable grounds for such knowledge or suspicion, a disclosure should be made in the form and manner prescribed by the Disclosure (Bailiwick of Guernsey) Regulations 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Regulations 2007, in addition to any report to the Policy & Resources Committee.
COMPETENT AUTHORITY
Under the 2020 regulations, the Policy & Resources Committee is the licensing authority in relation to these sanctions. Any queries should be sent to policyandresources@gov.gg with the subject line 'Global Human Rights Sanctions'.
Relevant links:
UK Sanctions List
https://www.gov.uk/government/publications/the-uk-sanctions-list
OFSI Consolidated Lists of Financial Sanctions Targets
https://www.gov.uk/government/publications/financial-sanctions-consolidated-list-of-targetsGuinea
- BACKGROUND
Following the UK's withdrawal from the European Union, the UK enacted the Guinea (Sanctions) (EU Exit) Regulations 2019 (" the UK Regulations") for the purpose of encouraging the Government of Guinea to investigate properly the violent repression in Guinea on 28th September 2009 and the aftermath of that violent repression, and hold to account and bring criminal proceedings against the persons responsible for the violent repression and its aftermath.The UK Regulations replace the EU sanctions regime in relation to Guinea previously in force in the UK under an EU Council Decision and Regulation.
The UK Regulations enable the Secretary of State to designate persons who may be made subject to travel bans and financial sanctions, including having their funds and/or economic resources frozen. The restrictions under the UK Regulations are subject to exemptions applicable to certain transactions or activities, and also do not apply to anything that is permitted under a licence granted by the authorities.
BAILIWICK LEGISLATION
The Bailiwick has had domestic legislation in place to implement the EU sanctions regime relating to Guinea since its inception. As a result of Brexit, this legislation has been repealed and replaced by the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020 ("the 2020 regulations"), which implement the UK Regulations.
All persons designated under the UK Regulations are included in the regime -specific list and the consolidated list of individuals and entities targeted by sanctions on the OFSI website (see link below).
Any addition to the list of designated persons is automatically effective under the UK Regulations as soon as it is made, and is therefore immediately effective in the Bailiwick.
Financial institutions and other bodies and persons in Guernsey should be aware of the prohibitions under the legislation and should check whether they have any business relationships, maintain any accounts or otherwise hold any funds or economic resources that relate to prohibited activities. They must put all necessary policies and procedures in place to ensure that they comply with the prohibitions under the legislation and should be particularly careful to ensure that they treat all accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body as frozen and that they refrain from making any funds or economic resources available directly or indirectly to any designated person without the consent of the licensing authority.
Failure to comply with any obligations under the UK Regulations, as implemented by the 2020 regulations, or under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") is a criminal offence under the Sanctions Law punishable with imprisonment and/or a fine.
REPORTING OBLIGATIONS
There are relevant reporting obligations under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") which apply to businesses that are subject to the Bailiwick's regime for countering money laundering and terrorist financing. These are obligations to report to the Policy and Resources Committee knowledge or suspicion that a person is a sanctioned person, is linked to a sanctioned person or has committed a sanctions breach, together with the information on which the knowledge or suspicion is based. Further information on these obligations is available here:
The same businesses are subject to reporting obligations under the UK Regulations. These obligations are similar to those under the Sanctions Law, but in addition require a business to specify the nature and amount or quantity of any funds or economic resources held by it for that customer at the time when it first had the necessary knowledge or suspicion, and to report certain types of exempt transaction.
Failure to comply with the reporting obligations under the Sanctions Law or under the UK Regulations is a criminal offence punishable with imprisonment and/or a fine.
It is important to be aware that these reporting obligations are in addition to the obligation to report suspicion of money laundering and/or terrorism financing to the Financial Intelligence Unit under the Disclosure (Bailiwick of Guernsey) Law 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Law 2002. If dealings involving a designated person give rise to knowledge or suspicion that another person is engaged in money laundering or terrorist financing, or reasonable grounds for such knowledge or suspicion, a disclosure should be made in the form and manner prescribed by the Disclosure (Bailiwick of Guernsey) Regulations 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Regulations 2007, in addition to any report to the Policy & Resources Committee.
COMPETENT AUTHORITY
Under the 2020 regulations, the Policy & Resources Committee is the licensing authority in relation to these sanctions. Any queries should be sent to policyandresources@gov.gg with the subject line 'Guinea Sanctions'.
Relevant links:
UK Sanctions List
https://www.gov.uk/government/publications/the-uk-sanctions-list
OFSI Consolidated Lists of Financial Sanctions Targets
https://www.gov.uk/government/publications/financial-sanctions-consolidated-list-of-targets(Republic of) Guinea-Bissau
- BACKGROUND
Following the UK's withdrawal from the European Union, the UK enacted the Republic of Guinea-Bissau (Sanctions) (EU Exit) Regulations 2019 ("the UK Regulations") for the purpose of encouraging the abandonment of actions that undermine the peace, security or stability of the Republic of Guinea-Bissau.
The UK Regulations replace the EU sanctions regime in relation to the Republic of Guinea-Bissau that was previously implemented in the UK via an EU Council Decision and Regulation.
The UK Regulations enable the Secretary of State to designate persons who may be made subject to travel bans and financial sanctions, including having their funds and/or economic resources frozen.
The restrictions under the UK Regulations are subject to exemptions applicable to certain transactions or activities, and also do not apply to anything that is permitted under a licence granted by the authorities.
BAILIWICK LEGISLATION
The Bailiwick has had domestic legislation in place to implement the EU sanctions regime relating to the Republic of Guinea-Bissau since its inception. As a result of Brexit, this legislation has been repealed and replaced by the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020 ("the 2020 regulations"), which implement the UK Regulations.
All persons designated under the UK Regulations are included in the regime -specific list and the consolidated list of individuals and entities targeted by sanctions on the OFSI website (see link below).
Any addition to the list of designated persons is automatically effective under the UK Regulations as soon as it is made, and is therefore immediately effective in the Bailiwick.
Financial institutions and other bodies and persons in Guernsey should be aware of the prohibitions under the legislation and should check whether they have any business relationships, maintain any accounts or otherwise hold any funds or economic resources that relate to prohibited activities. They must put all necessary policies and procedures in place to ensure that they comply with the prohibitions under the legislation and should be particularly careful to ensure that they treat all accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body as frozen and that they refrain from making any funds or economic resources available directly or indirectly to any designated person without the consent of the licensing authority.
Failure to comply with any obligations under the UK Regulations, as implemented by the 2020 regulations, or under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") is a criminal offence under the Sanctions Law punishable with imprisonment and/or a fine.
REPORTING OBLIGATIONS
There are relevant reporting obligations under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") which apply to businesses that are subject to the Bailiwick's regime for countering money laundering and terrorist financing. These are obligations to report to the Policy and Resources Committee knowledge or suspicion that a person is a sanctioned person, is linked to a sanctioned person or has committed a sanctions breach, together with the information on which the knowledge or suspicion is based. Further information on these obligations is available here:
The same businesses are subject to reporting obligations under the UK Regulations. These obligations are similar to those under the Sanctions Law, but in addition require a business to specify the nature and amount or quantity of any funds or economic resources held by it for that customer at the time when it first had the necessary knowledge or suspicion, and to report certain types of exempt transaction.
Failure to comply with the reporting obligations under the Sanctions Law or under the UK Regulations is a criminal offence punishable with imprisonment and/or a fine.
It is important to be aware that these reporting obligations are in addition to the obligation to report suspicion of money laundering and/or terrorism financing to the Financial Intelligence Unit under the Disclosure (Bailiwick of Guernsey) Law 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Law 2002. If dealings involving a designated person give rise to knowledge or suspicion that another person is engaged in money laundering or terrorist financing, or reasonable grounds for such knowledge or suspicion, a disclosure should be made in the form and manner prescribed by the Disclosure (Bailiwick of Guernsey) Regulations 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Regulations 2007, in addition to any report to the Policy & Resources Committee.
COMPETENT AUTHORITY
Under the 2020 regulations, the Policy & Resources Committee is the licensing authority in relation to these sanctions. Any queries should be sent to policyandresources@gov.gg with the subject line 'Guinea-Bissau Sanctions'.
Relevant links:
UK Sanctions List
https://www.gov.uk/government/publications/the-uk-sanctions-list
OFSI Consolidated Lists of Financial Sanctions Targets
https://www.gov.uk/government/publications/financial-sanctions-consolidated-list-of-targetsHaiti
- BACKGROUND
The UK has enacted the Haiti (Sanctions) Regulations, 2022 ("the UK Regulations") to give effect to the United Kingdom's international obligations resulting from United Nations Security Council Resolution 2653 (2022) imposing a sanctions regime in view of the situation in Haiti.
The effect of the UK Regulations is that persons designated by the UN as responsible for or complicit in, or having engaged in, directly or indirectly, actions that threaten the peace, security or stability of Haiti are designated for the purposes of financial restrictions and trade restrictions under the UK Regulations. The UK Regulations also impose trade restrictions on military goods and military technology and associated services. The restrictions under the UK Regulations are subject to exemptions applicable to certain transactions or activities, and also do not apply to anything that is permitted under a licence granted by the authorities.
BAILIWICK LEGISLATION
The UK Regulations are implemented in the Bailiwick by the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020 ("the 2020 regulations"). All persons designated under the UK Regulations are included in the regime -specific list and the consolidated list of individuals and entities targeted by sanctions on the OFSI website (see link below).
Any addition to the list of designated persons is automatically effective under the UK Regulations as soon as it is made, and is therefore immediately effective in the Bailiwick.
Financial institutions and other bodies and persons in Guernsey should be aware of the prohibitions under the legislation and should check whether they have any business relationships, maintain any accounts or otherwise hold any funds or economic resources that relate to prohibited activities. They must put all necessary policies and procedures in place to ensure that they comply with the prohibitions under the legislation and should be particularly careful to ensure that they treat all accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body as frozen and that they refrain from making any funds or economic resources available directly or indirectly to any designated person without the consent of the licensing authority.
Failure to comply with any obligations under the UK Regulations, as implemented by the 2020 regulations, or under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") is a criminal offence under the Sanctions Law punishable with imprisonment and/or a fine.
REPORTING OBLIGATIONS
There are relevant reporting obligations under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") which apply to businesses that are subject to the Bailiwick's regime for countering money laundering and terrorist financing. These are obligations to report to the Policy and Resources Committee knowledge or suspicion that a person is a sanctioned person, is linked to a sanctioned person or has committed a sanctions breach, together with the information on which the knowledge or suspicion is based. Further information on these obligations is available here:
The same businesses are subject to reporting obligations under the UK Regulations. These obligations are similar to those under the Sanctions Law, but in addition require a business to specify the nature and amount or quantity of any funds or economic resources held by it for that customer at the time when it first had the necessary knowledge or suspicion, and to report certain types of exempt transaction
Failure to comply with the reporting obligations under the Sanctions Law or under the UK Regulations is a criminal offence punishable with imprisonment and/or a fine.
It is important to be aware that these reporting obligations are in addition to the obligation to report suspicion of money laundering and/or terrorism financing to the Financial Intelligence Unit under the Disclosure (Bailiwick of Guernsey) Law 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Law 2002. If dealings involving a designated person give rise to knowledge or suspicion that another person is engaged in money laundering or terrorist financing, or reasonable grounds for such knowledge or suspicion, a disclosure should be made in the form and manner prescribed by the Disclosure (Bailiwick of Guernsey) Regulations 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Regulations 2007, in addition to any report to the Policy & Resources Committee.
COMPETENT AUTHORITY
Under the 2020 regulations, the Policy & Resources Committee is the licensing authority in relation to these sanctions. Any queries should be sent to policyandresources@gov.gg with the subject line 'Haiti Sanctions'.
Relevant links:
UK Sanctions List
https://www.gov.uk/government/publications/the-uk-sanctions-list
OFSI Consolidated Lists of Financial Sanctions Targets
https://www.gov.uk/government/publications/financial-sanctions-consolidated-list-of-targets
The Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Amendment - Haiti) Regulations, 2022Iran
- BACKGROUND
The UK has enacted the Iran (Sanctions) Regulations 2023 (" the UK Regulations") for the purpose of encouraging the Government of Iran to comply with international human rights law and to respect human rights and to deter the Government of Iran or an armed group backed by the Government of Iran from conducting hostile activity against the United Kingdom and other countries.
The UK Regulations replace the sanctions regime that was previously in place with regard to persons responsible for committing serious human rights violations in Iran. They enable the Secretary of State to designate persons involved in the commission of serious human rights violations or abuses in Iran, or from conducting hostile activity against the United Kingdom and other countries. Designated persons may be made subject to travel bans and financial sanctions, including having their funds and/or economic resources frozen. The UK Regulations also impose trade restrictions on specified goods and technology which may be used to repress the civilian population of Iran and on specified goods and technology. The restrictions under the UK Regulations are subject to exemptions applicable to certain transactions or activities, and also do not apply to anything that is permitted under a licence granted by the authorities.
BAILIWICK LEGISLATION
The Bailiwick has had domestic legislation in place to implement the EU sanctions regime relating to Iran since its inception. As a result of Brexit, this legislation has been repealed and replaced by the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020 ("the 2020 regulations"), which implement the UK Regulations.
All persons designated under the UK Regulations are included in the regime -specific list and the consolidated list of individuals and entities targeted by sanctions on the OFSI website (see link below).
Any addition to the list of designated persons is automatically effective under the UK Regulations as soon as it is made, and is therefore immediately effective in the Bailiwick.
Financial institutions and other bodies and persons in Guernsey should be aware of the prohibitions under the legislation and should check whether they have any business relationships, maintain any accounts or otherwise hold any funds or economic resources that relate to prohibited activities. They must put all necessary policies and procedures in place to ensure that they comply with the prohibitions under the legislation and should be particularly careful to ensure that they treat all accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body as frozen and that they refrain from making any funds or economic resources available directly or indirectly to any designated person without the consent of the licensing authority.
Failure to comply with any obligations under the UK Regulations, as implemented by the 2020 regulations, or under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") is a criminal offence under the Sanctions Law punishable with imprisonment and/or a fine.
REPORTING OBLIGATIONS
There are relevant reporting obligations under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") which apply to businesses that are subject to the Bailiwick's regime for countering money laundering and terrorist financing. These are obligations to report to the Policy and Resources Committee knowledge or suspicion that a person is a sanctioned person, is linked to a sanctioned person or has committed a sanctions breach, together with the information on which the knowledge or suspicion is based. Further information on these obligations is available here:
The same businesses are subject to reporting obligations under the UK Regulations. These obligations are similar to those under the Sanctions Law, but in addition require a business to specify the nature and amount or quantity of any funds or economic resources held by it for that customer at the time when it first had the necessary knowledge or suspicion, and to report certain types of exempt transaction.
Failure to comply with the reporting obligations under the Sanctions Law or under the UK Regulations is a criminal offence punishable with imprisonment and/or a fine.
It is important to be aware that these reporting obligations are in addition to the obligation to report suspicion of money laundering and/or terrorism financing to the Financial Intelligence Unit under the Disclosure (Bailiwick of Guernsey) Law 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Law 2002. If dealings involving a designated person give rise to knowledge or suspicion that another person is engaged in money laundering or terrorist financing, or reasonable grounds for such knowledge or suspicion, a disclosure should be made in the form and manner prescribed by the Disclosure (Bailiwick of Guernsey) Regulations 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Regulations 2007, in addition to any report to the Policy & Resources Committee.
COMPETENT AUTHORITY
Under the 2020 regulations, the Policy & Resources Committee is the competent authority for issuing financial licences and the Committee for Home Affairs is the competent authority for issuing trade licences. Any queries should be sent to policyandresources@gov.gg with the subject line 'Iran Sanctions'.
Relevant links:
UK Sanctions List
https://www.gov.uk/government/publications/the-uk-sanctions-list
OFSI Consolidated Lists of Financial Sanctions Targets
https://www.gov.uk/government/publications/financial-sanctions-consolidated-list-of-targetsIran - nuclear proliferation
- BACKGROUND
Following the UK's withdrawal from the European Union, the UK enacted the Iran (Nuclear Proliferation) (Sanctions) (EU Exit) Regulations 2019 (" the UK Regulations") for the purpose of complying with United Nations obligations and for the purposes of: encouraging Iran to abandon nuclear weapons programmes; restricting the ability of Iran to develop nuclear weapons and nuclear weapons delivery systems; and promoting implementation of the Joint Comprehensive Plan of Action agreed by Iran and others in 2015. The UK Regulations replace the EU sanctions regime in relation to nuclear proliferation by Iran that was previously implemented in the UK via an EU Council Decision and Regulation.
The effect of the UK Regulations is that persons who are listed by the UN are designated persons for the purposes of the UK Regulations. The UK Regulations also enable the Secretary of State to designate further persons involved in activities related to the proliferation or development of nuclear weapons or nuclear weapons delivery systems in relation to Iran. Designated persons may be made subject to travel bans and financial sanctions, including having their funds and economic resources frozen.
The UK Regulations also impose trade restrictions in relation to specified goods and technology which are relevant to nuclear activities. They include military items and items on lists published by the UN and the International Atomic Energy Agency. The restrictions under the UK Regulations are subject to exemptions applicable to certain transactions or activities, and also do not apply to anything that is permitted under a licence granted by the authorities.
BAILIWICK LEGISLATION
The Bailiwick has had domestic legislation in place to implement the UN measures relating to Iran since their inception, either directly or by implementing the corresponding EU regime. As a result of Brexit, this legislation has been repealed and replaced by the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020 ("the 2020 regulations"), which implement the UK Regulations.
All persons designated under the UK Regulations are included in the regime -specific list and the consolidated list of individuals and entities targeted by sanctions on the OFSI website (see link below).
Any addition to the list of designated persons is automatically effective under the UK Regulations as soon as it is made, and is therefore immediately effective in the Bailiwick.
Financial institutions and other bodies and persons in Guernsey should be aware of the prohibitions under the legislation and should check whether they have any business relationships, maintain any accounts or otherwise hold any funds or economic resources that relate to prohibited activities. They must put all necessary policies and procedures in place to ensure that they comply with the prohibitions under the legislation and should be particularly careful to ensure that they treat all accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body as frozen and that they refrain from making any funds or economic resources available directly or indirectly to any designated person without the consent of the licensing authority.
Failure to comply with any obligations under the UK Regulations, as implemented by the 2020 regulations, or under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") is a criminal offence under the Sanctions Law punishable with imprisonment and/or a fine.
GUIDANCE AND OUTREACH
Members of the Sanctions Committee, including the Policy & Resources Committee, Guernsey Law Enforcement, the GFSC and the Law Officers Chambers, regularly provide outreach in relation to sanctions. The slides here [18kb] articulate messages which have routinely been issued by member authorities of the Sanctions Committee to the private sector. Changes to designations are uploaded here as soon as they are made.
In light of particular international concern about proliferation financing in relation to Iran and to ensure understanding of the context and scope of the framework applicable to Guernsey, detailed guidance on combatting proliferation and proliferation financing has been issued by the Policy & Resources Committee and the Committee for Home Affairs, available
The FATF defines proliferation financing as funds or financial services used for the manufacture, acquisition, possession, development, export, trans-shipment, brokering, transport, transfer, stockpiling or use of nuclear, chemical or biological weapons and means of delivery and related materials (technologies and dual use goods used for non-legitimate purposes) in contravention of national laws or international obligations. (FATF working definition 2010).
Information provided at briefings for the private sector sponsored by the Policy & Resources Committee, in liaison with the Sanctions Committee, held in Guernsey in the fourth quarter of 2016 is available here [1Mb]. Information provided at briefings for the private sector held by the Policy & Resources Committee, in liaison with the Sanctions Committee, in Guernsey in the fourth quarter of 2018 is available here [5Mb]. Information provided at briefings for the private sector sponsored by the Policy & Resources Committee, in liaison with the Sanctions Committee, held in Guernsey in March 2023 is available
Additional typologies-based information produced by Kings College London in 2017 is available here [3Mb].Amongst other matters, this information includes material on attempted sanctions evasion.
Reference documents providing further information about the context and threat of proliferation financing, together with attempted sanctions evasion and the countering of proliferation financing can be accessed here.
REPORTING OBLIGATIONS
There are relevant reporting obligations under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") which apply to businesses that are subject to the Bailiwick's regime for countering money laundering and terrorist financing. These are obligations to report to the Policy and Resources Committee knowledge or suspicion that a person is a sanctioned person, is linked to a sanctioned person or has committed a sanctions breach, together with the information on which the knowledge or suspicion is based. Further information on these obligations is available here:
The same businesses are subject to reporting obligations under the UK Regulations. These obligations are similar to those under the Sanctions Law, but in addition require a business to specify the nature and amount or quantity of any funds or economic resources held by it for that customer at the time when it first had the necessary knowledge or suspicion, and to report certain types of exempt transaction.
Failure to comply with the reporting obligations under the Sanctions Law or under the UK Regulations is a criminal offence punishable with imprisonment and/or a fine.
It is important to be aware that these reporting obligations are in addition to the obligation to report suspicion of money laundering, terrorism financing and proliferation or proliferation financing to the Financial Intelligence Unit under the Disclosure (Bailiwick of Guernsey) Law 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Law 2002. If dealings involving a designated person give rise to knowledge or suspicion that another person is engaged in money laundering, terrorist financing or proliferation financing, or reasonable grounds for such knowledge or suspicion, a disclosure should be made in the form and manner prescribed by the Disclosure (Bailiwick of Guernsey) Regulations 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Regulations 2007, in addition to any report to the Policy & Resources Committee.
COMPETENT AUTHORITY
Under the 2020 regulations, the Policy & Resources Committee is the competent authority for issuing financial licences and the Committee for Home Affairs is the competent authority for issuing trade licences. Any queries should be sent to policyandresources@gov.gg with the subject line 'Iran Nuclear Proliferation Sanctions'.
Relevant links:
UK Sanctions List
https://www.gov.uk/government/publications/the-uk-sanctions-list
OFSI Consolidated Lists of Financial Sanctions Targets
https://www.gov.uk/government/publications/financial-sanctions-consolidated-list-of-targetsIraq
- BACKGROUND
Following the UK's withdrawal from the European Union, the UK enacted the Iraq (Sanctions) (EU Exit) Regulations 2019 ("the UK Regulations") for the purpose of compliance with United Nations obligations. Those obligations include sanctions measures in UN Security Council resolution 1483 adopted by the Security Council on 22 May 2003 as those measures have been revised and updated by subsequent resolutions. The UK Regulations replace the EU sanctions regime in relation to Iraq that was previously implemented in the UK via an EU Council Decision and Regulation.
The effect of the UK Regulations is that persons who are listed by the UN are designated persons for the purposes of the UK Regulations. There are two categories of designated persons: those who are designated under paragraph 23(a) of UN Security Council resolution 1483 (2003) as being part of the former Government of Iraqi and its state bodies, corporations or agencies, and those who are designated under paragraph 23(b) of the same resolution as being senior officials of the former Iraqi regime and their immediate family members. The second category of designated persons (designated under paragraph 23(b)) are subject to financial sanctions, which include having their funds and economic resources frozen. The first category of persons (designated under paragraph 23(a)) are subject to a partial asset-freeze which prohibits certain dealings with funds owned, held or controlled by those persons provided the funds were located outside of Iraq on 22 May 2003.
The UK Regulations also impose trade restrictions on military goods and technology as well as restrictions on the trade in Iraqi cultural property which was illegally removed from Iraq on or after 6 August 1990. The restrictions under the UK Regulations are subject to exemptions applicable to certain transactions or activities, and also do not apply to anything that is permitted under a licence granted by the authorities.
BAILIWICK LEGISLATION
The Bailiwick has had domestic legislation in place to implement the UN sanctions regime relating to Iraq since its inception, either directly or by implementing the corresponding EU regime. As a result of Brexit, this legislation has been repealed and replaced by the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020 ("the 2020 regulations"), which implement the UK Regulations.
All persons designated under the UK Regulations are included in the regime -specific list and the consolidated list of individuals and entities targeted by sanctions on the OFSI website (see link below).
Any addition to the list of designated persons is automatically effective under the UK Regulations as soon as it is made, and is therefore immediately effective in the Bailiwick.
Financial institutions and other bodies and persons in Guernsey should be aware of the prohibitions under the legislation and should check whether they have any business relationships, maintain any accounts or otherwise hold any funds or economic resources that relate to prohibited activities. They must put all necessary policies and procedures in place to ensure that they comply with the prohibitions under the legislation and should be particularly careful to ensure that they treat all accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body as frozen and that they refrain from making any funds or economic resources available directly or indirectly to any designated person without the consent of the licensing authority.
Failure to comply with any obligations under the UK Regulations, as implemented by the 2020 regulations, or under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") is a criminal offence under the Sanctions Law punishable with imprisonment and/or a fine.
REPORTING OBLIGATIONS
There are relevant reporting obligations under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") which apply to businesses that are subject to the Bailiwick's regime for countering money laundering and terrorist financing. These are obligations to report to the Policy and Resources Committee knowledge or suspicion that a person is a sanctioned person, is linked to a sanctioned person or has committed a sanctions breach, together with the information on which the knowledge or suspicion is based. Further information on these obligations is available here:
The same businesses are subject to reporting obligations under the UK Regulations. These obligations are similar to those under the Sanctions Law, but in addition require a business to specify the nature and amount or quantity of any funds or economic resources held by it for that customer at the time when it first had the necessary knowledge or suspicion, and to report certain types of exempt transaction.
Failure to comply with the reporting obligations under the Sanctions Law or under the UK Regulations is a criminal offence punishable with imprisonment and/or a fine.
It is important to be aware that these reporting obligations are in addition to the obligation to report suspicion of money laundering and/or terrorism financing to the Financial Intelligence Unit under the Disclosure (Bailiwick of Guernsey) Law 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Law 2002. If dealings involving a designated person give rise to knowledge or suspicion that another person is engaged in money laundering or terrorist financing, or reasonable grounds for such knowledge or suspicion, a disclosure should be made in the form and manner prescribed by the Disclosure (Bailiwick of Guernsey) Regulations 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Regulations 2007, in addition to any report to the Policy & Resources Committee.
COMPETENT AUTHORITY
Under the 2020 regulations, the Policy & Resources Committee is the competent authority for issuing financial licences and the Committee for Home Affairs is the competent authority for issuing trade licences. Any queries should be sent to policyandresources@gov.gg with the subject line 'Iraq Sanctions'.
Relevant links:
UK Sanctions List
https://www.gov.uk/government/publications/the-uk-sanctions-list
OFSI Consolidated Lists of Financial Sanctions Targets
https://www.gov.uk/government/publications/financial-sanctions-consolidated-list-of-targetsISIL and Al-Qaida
- BACKGROUND
Following the UK's withdrawal from the European Union, the UK enacted the ISIL (Da'esh) and Al-Qaida (United Nations) (Sanctions) (EU Exit) Regulations 2019 (" the UK Regulations") to give effect to various United Nations Security Council Resolutions imposing a sanctions regime in respect of ISIL (Da'esh) and Al-Qaida, and associated individuals, groups, undertakings and entities ("the UN sanctions regime"). The UK Regulations replacing the EU sanctions regime relating to ISIL (Da'esh) and Al-Qaida that was previously implemented in the UK by an EU Council Decision and Regulation.
The effect of the UK Regulations is that persons designated by the UN as associated with ISIL (Da'esh) & Al-Qaida are designated for the purposes of the UK Regulations. Designated persons are subject to a travel ban and to financial sanctions, which include having their funds and/or economic resources frozen. Designated persons are also subject to trade restrictions on military goods and military technology and associated services. The UK Regulations also provide for an asset freeze in relation to Usama bin Laden. The restrictions under the UK Regulations are subject to exemptions applicable to certain transactions or activities, and also do not apply to anything that is permitted under a licence granted by the authorities.
BAILIWICK LEGISLATION
The Bailiwick has had domestic legislation in place to implement the UN measures since their inception, either directly or by implementing the corresponding EU regime. As a result of Brexit, this legislation has been replaced by the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020 ( "the 2020 regulations"), which implement the UK Regulations.
Any addition to the UN list of designated persons is automatically effective under the UK Regulations as soon as it is made, and is therefore immediately effective in the Bailiwick.
All persons designated under the UK Regulations are included in the regime -specific list and the consolidated list of individuals and entities targeted by sanctions on the OFSI website (see link below).
Financial institutions and other bodies and persons in Guernsey should be aware of the prohibitions under the legislation and should check whether they have any business relationships, maintain any accounts or otherwise hold any funds or economic resources that relate to prohibited activities. They must put all necessary policies and procedures in place to ensure that they comply with the prohibitions under the legislation and should be particularly careful to ensure that they treat all accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body as frozen and that they refrain from making any funds or economic resources available directly or indirectly to any designated person without the consent of the licensing authority.
Failure to comply with any obligations under the UK Regulations, as implemented by the 2020 regulations, or under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") is a criminal offence under the Sanctions Law punishable with imprisonment and/or a fine.
REPORTING OBLIGATIONS
There are relevant reporting obligations under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") which apply to businesses that are subject to the Bailiwick's regime for countering money laundering and terrorist financing. These are obligations to report to the Policy and Resources Committee knowledge or suspicion that a person is a sanctioned person, is linked to a sanctioned person or has committed a sanctions breach, together with the information on which the knowledge or suspicion is based. Further information on these obligations is available here:
The same businesses are subject to reporting obligations under the UK Regulations. These obligations are similar to those under the Sanctions Law, but in addition require a business to specify the nature and amount or quantity of any funds or economic resources held by it for that customer at the time when it first had the necessary knowledge or suspicion, and to report certain types of exempt transaction.
Failure to comply with the reporting obligations under the Sanctions Law or under the UK Regulations is a criminal offence punishable with imprisonment and/or a fine.
It is important to be aware that these reporting obligations are in addition to the obligation to report suspicion of money laundering and/or terrorism financing to the Financial Intelligence Unit under the Disclosure (Bailiwick of Guernsey) Law 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Law 2002. If dealings involving a designated person give rise to knowledge or suspicion that another person is engaged in money laundering or terrorist financing, or reasonable grounds for such knowledge or suspicion, a disclosure should be made in the form and manner prescribed by the Disclosure (Bailiwick of Guernsey) Regulations 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Regulations 2007, in addition to any report to the Policy & Resources Committee.
OUTREACH
Members of the Sanctions Committee, including the Policy & Resources Committee, Guernsey Law Enforcement, the GFSC and the Law Officers Chambers, regularly provide outreach in relation to sanctions. In the first quarter of 2017 the Policy and Resources Committee, in liaison with the Sanctions Committee, held a conference with international speakers on International Terrorist Financing: Risk Awareness and Mitigation for businesses in Guernsey. The slides here [18kb] articulate messages which have routinely been issued by member authorities of the Sanctions Committee to the private sector. Information provided at briefings for the private sector by the Policy & Resources Committee, in liaison with the Sanctions Committee, in Guernsey in May 2023 is available
COMPETENT AUTHORITY
Under the 2020 regulations the Policy & Resources Committee is the licensing authority in relation to these sanctions. Any queries should be sent to policyandresources@gov.gg with the subject line 'ISIL and Al-Qaida Sanctions'.
Relevant links:
UK Sanctions List
https://www.gov.uk/government/publications/the-uk-sanctions-list
OFSI Consolidated Lists of Financial Sanctions Targets
https://www.gov.uk/government/publications/financial-sanctions-consolidated-list-of-targetsLebanon
- BACKGROUND
Following the UK's withdrawal from the European Union, the UK enacted the Lebanon (Sanctions) (EU Exit) Regulations 2020 ("the UK Regulations") for the purpose of compliance with United Nations obligations under resolution 1701 (2006). The UK Regulations replace the EU sanctions regime in respect of Lebanon that was previously implemented in the UK via an EU Council Decision and Regulation.
The UK Regulations impose trade restrictions on military goods and technology in relation to Lebanon. Related controls are also imposed on the provision of technical assistance, financial services and funds, and brokering services. The restrictions under the UK Regulations are subject to exemptions applicable to certain transactions or activities, and also do not apply to anything that is permitted under a licence granted by the authorities.
BAILIWICK LEGISLATION
The Bailiwick has had domestic legislation in place to implement the UN sanctions regime relating to Iraq since its inception, either directly or by implementing the corresponding EU regime. As a result of Brexit, this legislation has been repealed and replaced by the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020 ("the 2020 regulations"), which implement the UK Regulations.
Financial institutions and other bodies and persons in Guernsey should be aware of the prohibitions under the legislation and should check whether they have any business relationships, maintain any accounts or otherwise hold any funds or economic resources that relate to prohibited activities. They must put all necessary policies and procedures in place to ensure that they comply with the prohibitions under the legislation and should be careful to ensure that they do not take any action prohibited by the UK Regulations without the consent of the licensing authority.
Failure to comply with any obligations under the UK Regulations, as implemented by the 2020 regulations, or under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") is a criminal offence under the Sanctions Law punishable with imprisonment and/or a fine.
REPORTING OBLIGATIONS
There are relevant reporting obligations under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") which apply to businesses that are subject to the Bailiwick's regime for countering money laundering and terrorist financing. These are obligations to report to the Policy and Resources Committee knowledge or suspicion that a person is a sanctioned person, is linked to a sanctioned person or has committed a sanctions breach, together with the information on which the knowledge or suspicion is based. Further information on these obligations is available here:
Failure to comply with the reporting obligations under the Sanctions Law or under the UK Regulations is a criminal offence punishable with imprisonment and/or a fine.
It is important to be aware that these reporting obligations are in addition to the obligation to report suspicion of money laundering and/or terrorism financing to the Financial Intelligence Unit under the Disclosure (Bailiwick of Guernsey) Law 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Law 2002. If dealings involving a designated person give rise to knowledge or suspicion that another person is engaged in money laundering or terrorist financing, or reasonable grounds for such knowledge or suspicion, a disclosure should be made in the form and manner prescribed by the Disclosure (Bailiwick of Guernsey) Regulations 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Regulations 2007, in addition to any report to the Policy & Resources Committee.
COMPETENT AUTHORITY
Under the 2020 regulations, the Committee for Home Affairs is the licensing authority in relation to these sanctions. Any queries should be sent to policyandresources@gov.gg with the subject line 'Lebanon Sanctions'.
Relevant links:
UK Sanctions List
https://www.gov.uk/government/publications/the-uk-sanctions-list
Lebanon - assassination of Rafiq Hariri and others
- BACKGROUND
Following the UK's withdrawal from the European Union, the UK enacted the Lebanon (Assassination of Rafiq Hariri and others) (Sanctions) (EU Exit) Regulations 2020 (" the UK Regulations") for the purpose of implementing obligations under UN Security Council Resolution 1636 (2005), adopted in response to the terrorist bombing in Beirut, Lebanon on 14 February 2005 that killed former Lebanese Prime Minister Rafiq Hariri and others (the "2005 bombing"). The UK Regulations replace the EU sanctions regime in relation to the assassination of Rafiq Hariri and others that was previously implemented in the UK via an EU Council Decision and Regulation.
The effect of the UK Regulations is that persons who are listed by the UN as suspected of involvement in the planning, sponsoring, organising or perpetrating of the 2005 bombing are designated persons for the purposes of the UK Regulations. Designated persons may be made subject to travel bans and financial sanctions, including having their funds and economic resources frozen.
The restrictions under the UK Regulations are subject to exemptions applicable to certain transactions or activities, and also do not apply to anything that is permitted under a licence granted by the authorities.
BAILIWICK LEGISLATION
The Bailiwick has had domestic legislation in place to implement the UN sanctions regime relating to the assassination of Rafiq Hariri and others since its inception, either directly or by implementing the corresponding EU regime. As a result of Brexit, this legislation has been repealed and replaced by the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020 ("the 2020 regulations"), which implement the UK Regulations.
All persons designated under the UK Regulations are included in the regime -specific list and the consolidated list of individuals and entities targeted by sanctions on the OFSI website (see link below).
Any addition to the list of designated persons is automatically effective under the UK Regulations as soon as it is made, and is therefore immediately effective in the Bailiwick.
Financial institutions and other bodies and persons in Guernsey should be aware of the prohibitions under the legislation and should check whether they have any business relationships, maintain any accounts or otherwise hold any funds or economic resources that relate to prohibited activities. They must put all necessary policies and procedures in place to ensure that they comply with the prohibitions under the legislation and should be particularly careful to ensure that they treat all accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body as frozen and that they refrain from making any funds or economic resources available directly or indirectly to any designated person without the consent of the licensing authority.
Failure to comply with any obligations under the UK Regulations, as implemented by the 2020 regulations, or under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") is a criminal offence under the Sanctions Law punishable with imprisonment and/or a fine.
REPORTING OBLIGATIONS
There are relevant reporting obligations under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") which apply to businesses that are subject to the Bailiwick's regime for countering money laundering and terrorist financing. These are obligations to report to the Policy and Resources Committee knowledge or suspicion that a person is a sanctioned person, is linked to a sanctioned person or has committed a sanctions breach, together with the information on which the knowledge or suspicion is based. Further information on these obligations is available here:
The same businesses are subject to reporting obligations under the UK Regulations. These obligations are similar to those under the Sanctions Law, but in addition require a business to specify the nature and amount or quantity of any funds or economic resources held by it for that customer at the time when it first had the necessary knowledge or suspicion, and to report certain types of exempt transaction.
Failure to comply with the reporting obligations under the Sanctions Law or under the UK Regulations is a criminal offence punishable with imprisonment and/or a fine.
COMPETENT AUTHORITY
Under the 2020 regulations, the Policy & Resources Committee is the licensing authority in relation to these sanctions. Any queries should be sent to policyandresources@gov.gg with the subject line 'Lebanon Rafiq Hariri Sanctions'.
Relevant links:
UK Sanctions List
https://www.gov.uk/government/publications/the-uk-sanctions-list
OFSI Consolidated Lists of Financial Sanctions Targets
https://www.gov.uk/government/publications/financial-sanctions-consolidated-list-of-targetsLibya
- BACKGROUND
Following the UK's withdrawal from the European Union, the UK enacted the Libya (Sanctions) (EU Exit) Regulations 2020 (" the UK Regulations") to comply with United Nations obligations relating to Libya, and for the purposes of promoting respect for human rights in Libya, promoting the peace, stability and security of Libya, promoting the successful completion of Libya's political transition, and preventing migrant smuggling and human trafficking in relation to Libya.
The UK Regulations replace a corresponding EU sanctions regime relating to Libya, which was previously implemented in the UK by an EU Council Decision and Regulation.
The effect of the UK Regulations is that persons who are listed by the UN are designated persons for the purposes of the UK Regulations. The UK Regulations also enable the Secretary of State to designate further persons involved in certain specified activities in Libya. Designated persons may be made subject to travel bans and financial sanctions, including having their funds or economic resources frozen. There are also specific financial sanctions giving effect to a partial asset-freeze imposed by the United Nations in respect of two entities named in Annex II of resolution 1973 adopted by the UN Security Council on 17 March 2011. The UK Regulations also impose trade restrictions in relation to military goods, items which could be used to repress the civilian population of Libya and on certain goods which could be used for human trafficking or the smuggling of migrants. The UK Regulations also impose restrictions in relation to certain aircraft and ships, and certain activities which enable or facilitate the conduct of armed hostilities in Libya.
The restrictions under the UK Regulations are subject to exemptions applicable to certain transactions or activities, and also do not apply to anything that is permitted under a licence granted by the authorities.
BAILIWICK LEGISLATION
The Bailiwick has had domestic legislation in place to implement the EU sanctions regime relating to Libya since its inception. As a result of Brexit, this legislation has been repealed and replaced by the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020 ("the 2020 regulations"), which implement the UK Regulations.
All persons designated under the UK Regulations are included in the regime -specific list and the consolidated list of individuals and entities targeted by sanctions on the OFSI website (see link below).
Any addition to the list of designated persons is automatically effective under the UK Regulations as soon as it is made, and is therefore immediately effective in the Bailiwick.
Financial institutions and other bodies and persons in Guernsey should be aware of the prohibitions under the legislation and should check whether they have any business relationships, maintain any accounts or otherwise hold any funds or economic resources that relate to prohibited activities. They must put all necessary policies and procedures in place to ensure that they comply with the prohibitions under the legislation and should be particularly careful to ensure that they treat all accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body as frozen and that they refrain from making any funds or economic resources available directly or indirectly to any designated person without the consent of the licensing authority.
Failure to comply with any obligations under the UK Regulations, as implemented by the 2020 regulations, or under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") is a criminal offence under the Sanctions Law punishable with imprisonment and/or a fine.
REPORTING OBLIGATIONS
There are relevant reporting obligations under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") which apply to businesses that are subject to the Bailiwick's regime for countering money laundering and terrorist financing. These are obligations to report to the Policy and Resources Committee knowledge or suspicion that a person is a sanctioned person, is linked to a sanctioned person or has committed a sanctions breach, together with the information on which the knowledge or suspicion is based. Further information on these obligations is available here:
The same businesses are subject to reporting obligations under the UK Regulations. These obligations are similar to those under the Sanctions Law, but in addition require a business to specify the nature and amount or quantity of any funds or economic resources held by it for that customer at the time when it first had the necessary knowledge or suspicion, and to report certain types of exempt transaction.
Failure to comply with the reporting obligations under the Sanctions Law or under the UK Regulations is a criminal offence punishable with imprisonment and/or a fine.
It is important to be aware that these reporting obligations are in addition to the obligation to report suspicion of money laundering and/or terrorism financing to the Financial Intelligence Unit under the Disclosure (Bailiwick of Guernsey) Law 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Law 2002. If dealings involving a designated person give rise to knowledge or suspicion that another person is engaged in money laundering or terrorist financing, or reasonable grounds for such knowledge or suspicion, a disclosure should be made in the form and manner prescribed by the Disclosure (Bailiwick of Guernsey) Regulations 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Regulations 2007, in addition to any report to the Policy & Resources Committee.
COMPETENT AUTHORITY
Under the 2020 regulations, the Policy & Resources Committee is the competent authority for issuing financial licences and the Committee for Home Affairs is the competent authority for issuing trade licences and port licences. Any queries should be sent to policyandresources@gov.gg with the subject line 'Libya Sanctions'.
Relevant links:
UK Sanctions List
https://www.gov.uk/government/publications/the-uk-sanctions-list
OFSI Consolidated Lists of Financial Sanctions Targets
https://www.gov.uk/government/publications/financial-sanctions-consolidated-list-of-targetsMali
- BACKGROUND
Following the UK's withdrawal from the European Union, the UK enacted the Mali (Sanctions) (EU Exit) Regulations 2020 (" the UK Regulations") for the purpose of complying with United Nations obligations and promoting the peace, stability and security of Mali and related purposes.
The UK Regulations replace the EU sanctions regime in relation to Mali that was previously implemented in the UK via an EU Council Decision and Regulation.
The UK Regulations enable the Secretary of State to designate persons involved in activities that threaten the peace, stability and security of Mali or undermine efforts to implement the Agreement on Peace and Reconciliation in Mali. Designated persons may be made subject to travel bans and financial sanctions, including having their funds and/or economic resources frozen.
The restrictions under the UK Regulations are subject to exemptions applicable to certain transactions or activities, and also do not apply to anything that is permitted under a licence granted by the authorities.
BAILIWICK LEGISLATION
The Bailiwick has had domestic legislation in place to implement the EU sanctions regime relating to Mali since its inception. As a result of Brexit, this legislation has been repealed and replaced by the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020 ("the 2020 regulations"), which implement the UK Regulations.
All persons designated under the UK Regulations are included in the regime -specific list and the consolidated list of individuals and entities targeted by sanctions on the OFSI website (see link below).
Any addition to the list of designated persons is automatically effective under the UK Regulations as soon as it is made, and is therefore immediately effective in the Bailiwick.
Financial institutions and other bodies and persons in Guernsey should be aware of the prohibitions under the legislation and should check whether they have any business relationships, maintain any accounts or otherwise hold any funds or economic resources that relate to prohibited activities. They must put all necessary policies and procedures in place to ensure that they comply with the prohibitions under the legislation and should be particularly careful to ensure that they treat all accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body as frozen and that they refrain from making any funds or economic resources available directly or indirectly to any designated person without the consent of the licensing authority.
Failure to comply with any obligations under the UK Regulations, as implemented by the 2020 regulations, or under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") is a criminal offence under the Sanctions Law punishable with imprisonment and/or a fine.
REPORTING OBLIGATIONS
There are relevant reporting obligations under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") which apply to businesses that are subject to the Bailiwick's regime for countering money laundering and terrorist financing. These are obligations to report to the Policy and Resources Committee knowledge or suspicion that a person is a sanctioned person, is linked to a sanctioned person or has committed a sanctions breach, together with the information on which the knowledge or suspicion is based. Further information on these obligations is available here:
The same businesses are subject to reporting obligations under the UK Regulations. These obligations are similar to those under the Sanctions Law, but in addition require a business to specify the nature and amount or quantity of any funds or economic resources held by it for that customer at the time when it first had the necessary knowledge or suspicion, and to report certain types of exempt transaction.
Failure to comply with the reporting obligations under the Sanctions Law or under the UK Regulations is a criminal offence punishable with imprisonment and/or a fine.
It is important to be aware that these reporting obligations are in addition to the obligation to report suspicion of money laundering and/or terrorism financing to the Financial Intelligence Unit under the Disclosure (Bailiwick of Guernsey) Law 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Law 2002. If dealings involving a designated person give rise to knowledge or suspicion that another person is engaged in money laundering or terrorist financing, or reasonable grounds for such knowledge or suspicion, a disclosure should be made in the form and manner prescribed by the Disclosure (Bailiwick of Guernsey) Regulations 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Regulations 2007, in addition to any report to the Policy & Resources Committee.
COMPETENT AUTHORITY
Under the 2020 regulations, the Policy & Resources Committee is the licensing authority in relation to these sanctions. Any queries should be sent to policyandresources@gov.gg with the subject line 'Mali Sanctions'.
Relevant links:
UK Sanctions List
https://www.gov.uk/government/publications/the-uk-sanctions-list
OFSI Consolidated Lists of Financial Sanctions Targets
https://www.gov.uk/government/publications/financial-sanctions-consolidated-list-of-targetsMyanmar (Burma)
- BACKGROUND
The UK has enacted the Myanmar (Sanctions) Regulations 2021 ("the UK Regulations") for the purposes of: promoting the peace, stability and security of Myanmar; promoting respect for democracy, the rule of law and good governance in Myanmar; discouraging actions, policies or activities which repress the civilian population in Myanmar; and promoting compliance with international human rights law and respect for human rights in Myanmar.
The UK Regulations replace the Burma (Sanctions) (EU Exit) Regulations 2019 ("the Burma Regulations"). The Burma Regulations were introduced following Brexit, and replaced the EU sanctions regime relating to Burma that was previously implemented in the UK by an EU Council Decision and Regulation.
The UK Regulations enable the Secretary of State to designate individuals and entities responsible for undermining peace and stability in Myanmar.
Designated persons may be made subject to travel bans and financial sanctions, including having their funds and/or economic resources frozen. The UK Regulations also impose trade restrictions on military goods and technology, on dual-use goods and technology, and on specified goods and technology which may be used to repress the civilian population of Myanmar or for intercepting or monitoring their communications. They also impose further trade restrictions in respect of the provision of interception and monitoring services to, or for the benefit of, the Government of Myanmar, or the provision of certain services, funds or armed personnel to, or for the benefit of, the Tatmadaw (i.e. the Myanmar Armed Forces). The restrictions under the UK Regulations are subject to exemptions applicable to certain transactions or activities, and also do not apply to anything that is permitted under a licence granted by the authorities.
BAILIWICK LEGISLATION
The Bailiwick has had domestic legislation in place to implement the EU sanctions regime relating to Myanmar, and to implement the Burma Regulations since their inception. The Burma Regulations were implemented in the Bailiwick by the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020 ("the 2020 regulations").
The 2020 regulations have been amended by the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) (Amendment - Myanmar) Regulations, 2021, which replace all reference to the Burma Regulations with reference to the UK Regulations. The 2020 regulations implement the UK Regulations in the Bailiwick.
All persons designated under the UK Regulations are included in the regime -specific list and the consolidated list of individuals and entities targeted by sanctions on the OFSI website (see link below).
Any addition to the list of designated persons is automatically effective under the UK Regulations as soon as it is made, and is therefore immediately effective in the Bailiwick.
Financial institutions and other bodies and persons in Guernsey should be aware of the prohibitions under the legislation and should check whether they have any business relationships, maintain any accounts or otherwise hold any funds or economic resources that relate to prohibited activities. They must put all necessary policies and procedures in place to ensure that they comply with the prohibitions under the legislation and should be particularly careful to ensure that they treat all accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body as frozen and that they refrain from making any funds or economic resources available directly or indirectly to any designated person without the consent of the licensing authority.
Failure to comply with any obligations under the UK Regulations, as implemented by the 2020 regulations, or under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") is a criminal offence under the Sanctions Law punishable with imprisonment and/or a fine.
REPORTING OBLIGATIONS
There are relevant reporting obligations under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") which apply to businesses that are subject to the Bailiwick's regime for countering money laundering and terrorist financing. These are obligations to report to the Policy and Resources Committee knowledge or suspicion that a person is a sanctioned person, is linked to a sanctioned person or has committed a sanctions breach, together with the information on which the knowledge or suspicion is based. Further information on these obligations is available here: guidance on reporting obligations [262kb]
The same businesses are subject to reporting obligations under the UK Regulations. These obligations are similar to those under the Sanctions Law, but in addition require a business to specify the nature and amount or quantity of any funds or economic resources held by it for that customer at the time when it first had the necessary knowledge or suspicion, and to report certain types of exempt transaction.
Failure to comply with the reporting obligations under the Sanctions Law or under the UK Regulations is a criminal offence punishable with imprisonment and/or a fine.
It is important to be aware that these reporting obligations are in addition to the obligation to report suspicion of money laundering and/or terrorism financing to the Financial Intelligence Unit under the Disclosure (Bailiwick of Guernsey) Law 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Law 2002. If dealings involving a designated person give rise to knowledge or suspicion that another person is engaged in money laundering or terrorist financing, or reasonable grounds for such knowledge or suspicion, a disclosure should be made in the form and manner prescribed by the Disclosure (Bailiwick of Guernsey) Regulations 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Regulations 2007, in addition to any report to the Policy & Resources Committee.
COMPETENT AUTHORITY
Under the 2020 regulations, the Policy & Resources Committee is the licensing authority in relation to these sanctions. Any queries should be sent to policyandresources@gov.gg with the subject line 'Myanmar Sanctions'.
Relevant links:
UK Sanctions List
https://www.gov.uk/government/publications/the-uk-sanctions-list
OFSI Consolidated Lists of Financial Sanctions Targets
https://www.gov.uk/government/publications/financial-sanctions-consolidated-list-of-targets
The 2020 regulations
The Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020
Amendment to the 2020 regulations
The Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) (Amendment - Myanmar) Regulations, 2021Nicaragua
- BACKGROUND
Following the UK's withdrawal from the European Union, the UK enacted the Nicaragua (Sanctions) (EU Exit) Regulations 2020 (" the UK Regulations") for the purpose of encouraging the Government of Nicaragua to: respect democratic principles and institutions, the separation of powers and the rule of law, refrain from the repression of civil society, and comply with international human rights law and respect human rights.
The UK Regulations replace the EU sanctions regime in relation to Nicaragua that was previously implemented in the UK via an EU Council Decision and Regulation.
The UK Regulations enable the Secretary of State to designate persons who may be made subject to travel bans and financial sanctions, including having their funds and/or economic resources frozen.
The restrictions under the UK Regulations are subject to exemptions applicable to certain transactions or activities, and also do not apply to anything that is permitted under a licence granted by the authorities.
BAILIWICK LEGISLATION
The Bailiwick has had domestic legislation in place to implement the EU sanctions regime relating to Nicaragua since its inception. As a result of Brexit, this legislation has been repealed and replaced by the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020 ("the 2020 regulations"), which implement the UK Regulations.
All persons designated under the UK Regulations are included in the regime -specific list and the consolidated list of individuals and entities targeted by sanctions on the OFSI website (see link below).
Any addition to the list of designated persons is automatically effective under the UK Regulations as soon as it is made, and is therefore immediately effective in the Bailiwick.
Financial institutions and other bodies and persons in Guernsey should be aware of the prohibitions under the legislation and should check whether they have any business relationships, maintain any accounts or otherwise hold any funds or economic resources that relate to prohibited activities. They must put all necessary policies and procedures in place to ensure that they comply with the prohibitions under the legislation and should be particularly careful to ensure that they treat all accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body as frozen and that they refrain from making any funds or economic resources available directly or indirectly to any designated person without the consent of the licensing authority.
Failure to comply with any obligations under the UK Regulations, as implemented by the 2020 regulations, or under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") is a criminal offence under the Sanctions Law punishable with imprisonment and/or a fine.
REPORTING OBLIGATIONS
There are relevant reporting obligations under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") which apply to businesses that are subject to the Bailiwick's regime for countering money laundering and terrorist financing. These are obligations to report to the Policy and Resources Committee knowledge or suspicion that a person is a sanctioned person, is linked to a sanctioned person or has committed a sanctions breach, together with the information on which the knowledge or suspicion is based. Further information on these obligations is available here:
The same businesses are subject to reporting obligations under the UK Regulations. These obligations are similar to those under the Sanctions Law, but in addition require a business to specify the nature and amount or quantity of any funds or economic resources held by it for that customer at the time when it first had the necessary knowledge or suspicion, and to report certain types of exempt transaction.
Failure to comply with the reporting obligations under the Sanctions Law or under the UK Regulations is a criminal offence punishable with imprisonment and/or a fine.
It is important to be aware that these reporting obligations are in addition to the obligation to report suspicion of money laundering and/or terrorism financing to the Financial Intelligence Unit under the Disclosure (Bailiwick of Guernsey) Law 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Law 2002. If dealings involving a designated person give rise to knowledge or suspicion that another person is engaged in money laundering or terrorist financing, or reasonable grounds for such knowledge or suspicion, a disclosure should be made in the form and manner prescribed by the Disclosure (Bailiwick of Guernsey) Regulations 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Regulations 2007, in addition to any report to the Policy & Resources Committee.
COMPETENT AUTHORITY
Under the 2020 regulations, the Policy & Resources Committee is the licensing authority in relation to these sanctions. Any queries should be sent to policyandresources@gov.gg with the subject line 'Nicaragua Sanctions'.
Relevant links:
UK Sanctions List
https://www.gov.uk/government/publications/the-uk-sanctions-list
OFSI Consolidated Lists of Financial Sanctions Targets
https://www.gov.uk/government/publications/financial-sanctions-consolidated-list-of-targetsNorth Korea (Democratic People's Republic of Korea)
- BACKGROUND
Following the UK's withdrawal from the European Union, the UK enacted the Democratic People's Republic of Korea (Sanctions) (EU Exit) Regulations 2020 (" the UK Regulations") to give effect to various United Nations Security Council Resolutions imposing a sanctions regime in view of the situation in the Democratic People's Republic of Korea ( "DPRK"). These include UN Security Council Resolution 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371(2017), 2375(2017), and 2397 (2017). The UK Regulations also have the purposes of restricting the ability of the DPRK to carry on its nuclear, biological or chemical weapons programmes, other weapons of mass destruction programmes and ballistic missile programmes, to promote the abandonment of those programmes and the decommissioning of the weapons, and to promote peace, security and stability on the Korean peninsula. The UK Regulations replace a corresponding EU sanctions regime relating to DPRK, which was previously implemented in the UK by an EU Council Decision and Regulation.
The UK Regulations enable the Secretary of State to designate persons who may be made subject to travel bans and financial sanctions, including having their funds and/or economic resources frozen. The UK Regulations also impose other financial restrictions ( including restrictions on investment) trade restrictions on specified goods and technology ( and related controls on the provision of financial services and funds, technical assistance and brokering services), restrictions on aviation and shipping, and restrictions on certain services related to ships and aircraft. The restrictions under the UK Regulations are subject to exemptions applicable to certain transactions or activities, and also do not apply to anything that is permitted under a licence granted by the authorities.
BAILIWICK LEGISLATION
The Bailiwick has had domestic legislation in place to implement the EU sanctions regime relating to the DPRK since its inception. As a result of Brexit, these measures have been repealed and replaced by the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020 ("the 2020 regulations"), which implement the UK Regulations.
All persons designated under the UK Regulations are included in the regime -specific list and the consolidated list of individuals and entities targeted by sanctions on the OFSI website (see link below).
Any addition to the list of designated persons is automatically effective under the UK Regulations as soon as it is made, and is therefore immediately effective in the Bailiwick.
Financial institutions and other bodies and persons in Guernsey should be aware of the prohibitions under the legislation and should check whether they have any business relationships, maintain any accounts or otherwise hold any funds or economic resources that relate to prohibited activities. They must put all necessary policies and procedures in place to ensure that they comply with the prohibitions under the legislation and should be particularly careful to ensure that they treat all accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body as frozen and that they refrain from making any funds or economic resources available directly or indirectly to any designated person without the consent of the licensing authority.
Failure to comply with any obligations under the UK Regulations, as implemented by the 2020 regulations, or under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") is a criminal offence under the Sanctions Law punishable with imprisonment and/or a fine.
GUIDANCE AND OUTREACH
Members of the Sanctions Committee, including the Policy & Resources Committee, Guernsey Law Enforcement, the GFSC and the Law Officers Chambers, regularly provide outreach in relation to sanctions. The slides here [18kb] articulate messages which have routinely been issued by member authorities of the Sanctions Committee to the private sector. Changes to designations are uploaded here as soon as they are made.
In light of particular international concern about proliferation financing in relation to North Korea and to ensure understanding of the context and scope of the framework applicable to Guernsey, detailed guidance on combatting proliferation and proliferation financing has been issued by the Policy & Resources Committee and the Committee for Home Affairs, available
The FATF defines proliferation financing as funds or financial services used for the manufacture, acquisition, possession, development, export, trans-shipment, brokering, transport, transfer, stockpiling or use of nuclear, chemical or biological weapons and means of delivery and related materials (technologies and dual use goods used for non-legitimate purposes) in contravention of national laws or international obligations. (FATF working definition 2010)
Information provided at briefings for the private sector sponsored by the Policy & Resources Committee, in liaison with the Sanctions Committee, held in Guernsey in the fourth quarter of 2016 is available here [1Mb]. Information provided at briefings for the private sector held by the Policy & Resources Committee, in liaison with the Sanctions Committee, in Guernsey in the fourth quarter of 2018 is available here [5Mb]. Information provided at briefings for the private sector sponsored by the Policy & Resources Committee, in liaison with the Sanctions Committee, held in Guernsey in March 2023 is available
Additional typologies-based information produced by Kings College London in 2017 is available here [3Mb]. Amongst other matters, this information includes material on attempted sanctions evasion.
Reference documents providing further information about the context and threat of proliferation financing, together with attempted sanctions evasion and the countering of proliferation financing can be accessed here.
REPORTING OBLIGATIONS
There are relevant reporting obligations under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") which apply to businesses that are subject to the Bailiwick's regime for countering money laundering and terrorist financing. These are obligations to report to the Policy and Resources Committee knowledge or suspicion that a person is a sanctioned person, is linked to a sanctioned person or has committed a sanctions breach, together with the information on which the knowledge or suspicion is based. Further information on these obligations is available here:
The same businesses are subject to reporting obligations under the UK Regulations. These obligations are similar to those under the Sanctions Law, but in addition require a business to specify the nature and amount or quantity of any funds or economic resources held by it for that customer at the time when it first had the necessary knowledge or suspicion, and to report certain types of exempt transaction.
In addition, the UK Regulations specify that if a financial services business or certain other types of business must, if they suspect or have reasonable grounds to suspect that funds are related to proliferation financing, promptly report their suspicions to the Financial Intelligence Unit.
Failure to comply with the reporting obligations under the Sanctions Law or under the UK Regulations is a criminal offence punishable with imprisonment and/or a fine.
It is important to be aware that these reporting obligations are in addition to the obligation to report suspicion of money laundering, terrorism financing and proliferation or proliferation financing to the Financial Intelligence Service under the Disclosure (Bailiwick of Guernsey) Law 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Law 2002. If dealings involving a designated person give rise to knowledge or suspicion that another person is engaged in money laundering, terrorist financing or proliferation financing, or reasonable grounds for such knowledge or suspicion, a disclosure should be made in the form and manner prescribed by the Disclosure (Bailiwick of Guernsey) Regulations 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Regulations 2007, in addition to any report to the Policy & Resources Committee.
COMPETENT AUTHORITY
Under the 2020 regulations, the Policy & Resources Committee is the competent authority for issuing financial licences and the Committee for Home Affairs is the competent authority for issuing trade licences. Any queries should be sent to policyandresources@gov.gg with the subject line 'DPRK Sanctions'.
Relevant links:
UK Sanctions List
https://www.gov.uk/government/publications/the-uk-sanctions-list
OFSI Consolidated Lists of Financial Sanctions Targets
https://www.gov.uk/government/publications/financial-sanctions-consolidated-list-of-targetsRussia
- BACKGROUND
Following the UK's withdrawal from the European Union, the UK enacted the Russia (Sanctions) (EU Exit) Regulations 2019 (" the UK Regulations") for the purpose of encouraging Russia to cease actions destabilising Ukraine or undermining or threatening the territorial integrity, sovereignty or independence of Ukraine. The UK Regulations replace the EU sanctions regimes in relation to Russia, the territorial integrity of Ukraine and Crimea that were previously implemented in the UK via EU Council Decisions and Regulations.
The UK Regulations enable the Secretary of State to designate persons involved in destabilising Ukraine or undermining or threatening the territorial integrity, sovereignty or independence of Ukraine. Designated persons may be made subject to travel bans and financial sanctions, including having their funds and economic resources frozen.
The UK Regulations also impose restrictions on trade in military goods and technology, on certain dual-use and energy-related items, and impose restrictions on supplying infrastructure-related goods and technology to Crimea and on importing goods from Crimea. The UK Regulations also restrict the provision of services related to the trade in those items. The UK Regulations also restrict persons from dealing with certain financial instruments, restrict the provision of finance and funds, and restrict investment in relation to Crimea.
The restrictions under the UK Regulations are subject to exemptions applicable to certain transactions or activities, and also do not apply to anything that is permitted under a licence granted by the authorities.
Following Russia's invasion of Ukraine in February 2022, the UK has implemented additional sanctions. The updates to the UK's sanctions regime widen the scope of the financial sanctions in place already, including further restricting the ability for the trade of Russian securities and other money market instruments. The UK has also introduced prohibitions on the trade of military goods, certain dual use goods and critical industrial goods, as well of the provision of technical assistance, financial services, funding and brokering services in relation to these goods.
In addition, the UK has banned access to its ports for vessels registered in Russia, flying the Russian flag as well as vessels owned, controlled chartered or operated any person connected with Russia or a designated person. It has also banned aircraft owned, chartered or operated by a person connected with Russia, or which registered in Russia, from flying in UK airspace or touching down in UK airports.
BAILIWICK LEGISLATION
The Bailiwick has had domestic legislation in place to implement the EU sanctions regimes relating to Russia, the territorial integrity of Ukraine and Crimea since their inception. As a result of Brexit, this legislation has been repealed and replaced by the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020 ("the 2020 regulations"), which implement the UK Regulations.
All persons designated under the UK Regulations are included in the regime -specific list and the consolidated list of individuals and entities targeted by sanctions on the OFSI website (see link below).
Any addition to the list of designated persons is automatically effective under the UK Regulations as soon as it is made, and is therefore immediately effective in the Bailiwick.
Financial institutions and other bodies and persons in Guernsey should be aware of the prohibitions under the legislation and should check whether they have any business relationships, maintain any accounts or otherwise hold any funds or economic resources that relate to prohibited activities. They must put all necessary policies and procedures in place to ensure that they comply with the prohibitions under the legislation and should be particularly careful to ensure that they treat all accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body as frozen and that they refrain from making any funds or economic resources available directly or indirectly to any designated person without the consent of the licensing authority.
Failure to comply with any obligations under the UK Regulations, as implemented by the 2020 regulations, or under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") is a criminal offence under the Sanctions Law punishable with imprisonment and/or a fine.
The UK's recent sanctions made against Russia in response to the war in Ukraine have automatic effect in the Bailiwick. The Policy & Resources Committee has made new sanctions Regulations to ensure these sanctions are adapted, with very minor changes, for the Bailiwick's domestic context. These Regulations are made in a coordinated way with the UK to ensure the latest sanctions announced are adapted to meet the domestic context.
REPORTING OBLIGATIONS
There are relevant reporting obligations under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") which apply to businesses that are subject to the Bailiwick's regime for countering money laundering and terrorist financing. These are obligations to report to the Policy and Resources Committee knowledge or suspicion that a person is a sanctioned person, is linked to a sanctioned person or has committed a sanctions breach, together with the information on which the knowledge or suspicion is based. Further information on these obligations is available here:
The same businesses are subject to reporting obligations under the UK Regulations. These obligations are similar to those under the Sanctions Law, but in addition require a business to specify the nature and amount or quantity of any funds or economic resources held by it for that customer at the time when it first had the necessary knowledge or suspicion, and to report certain types of exempt transaction.
Failure to comply with the reporting obligations under the Sanctions Law or under the UK Regulations is a criminal offence punishable with imprisonment and/or a fine.
It is important to be aware that these reporting obligations are in addition to the obligation to report suspicion of money laundering and/or terrorism financing to the Financial Intelligence Unit under the Disclosure (Bailiwick of Guernsey) Law 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Law 2002. If dealings involving a designated person give rise to knowledge or suspicion that another person is engaged in money laundering or terrorist financing, or reasonable grounds for such knowledge or suspicion, a disclosure should be made in the form and manner prescribed by the Disclosure (Bailiwick of Guernsey) Regulations 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Regulations 2007, in addition to any report to the Policy & Resources Committee.
The Policy & Resources Committee is carrying out a review of frozen assets linked to persons designated under the Russia (Sanctions) (EU Exit) Regulations 2019 (the Russia regime). The purpose of the review is to enable the Policy & Resources Committee to update its records in respect of assets frozen under the Russia regime. Businesses that hold or control frozen assets, or which have an ongoing connection to frozen assets outside the Bailiwick, are therefore requested to complete thistemplate [18kb] and submit it to the Policy & Resources Committee by 24 November 2023.
COMPETENT AUTHORITY
Under the 2020 regulations, the Policy & Resources Committee is the competent authority for issuing financial licences and the Committee for Home Affairs is the competent authority for issuing trade licences. Any queries should be sent to policyandresources@gov.gg with the subject line 'Russia Sanctions'.
LICENCES
A licence is a written authorisation from a named competent authority to allow an activity which would otherwise be prohibited by sanctions measures.
Please be advised that a template has been developed for making requests to the Policy & Resources Committee for a licence under the sanctions framework. A copy of that template is available
In addition, the Policy & Resources Committee has issued general licences under regulation 64 of the UK regulations as applied in the Bailiwick. The general licences are available to download:
The general licences are subject to the same terms, conditions and expiry dates as the UK general licences, as well as to some modifications to reflect the Bailiwick context. Any business that intends to rely on the general licences should inform the Policy & Resources Committee in advance. This information referred to above is required by the Policy & Resources Committee in the exercise of its powers under section 15 of the Sanctions Law.
Further information on licences is set out on this page.
Relevant links:
UK Sanctions List
https://www.gov.uk/government/publications/the-uk-sanctions-list
UK Sanctions relating to Russia
https://www.gov.uk/government/publications/financial-sanctions-ukraine-sovereignty-and-territorial-integrity
UK guidance relating to Russia
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1058961/Russia_guidance_04.03.22_.pdf
OFSI Consolidated Lists of Financial Sanctions Targets
https://www.gov.uk/government/publications/financial-sanctions-consolidated-list-of-targets
Further information on the Bailiwick's response to the war in Ukraine is available here.Somalia
- BACKGROUND
Following the UK's withdrawal from the European Union, the UK enacted the Somalia (Sanctions) (EU Exit) Regulations 2020 (" the UK Regulations") to comply with United Nations obligations relating to Somalia, and for the purposes of promoting the peace, stability and security of Somalia and related purposes.
The UK Regulations replace a corresponding EU sanctions regime relating to Somalia, which was previously implemented in the UK by an EU Council Decision and Regulations.
The effect of the UK Regulations is that persons who are listed by the UN are designated persons for the purposes of the UK Regulations. The UK Regulations also enable the Secretary of State to designate persons involved in the commission of activities connected to terrorism, breaches of international humanitarian law or the commission of serious human rights violations or abuses in Somalia, and other acts that threaten the peace, security or stability of Somalia, or that obstruct or undermine the Federal Government of Somalia. Designated persons may be made subject to travel bans or financial sanctions, including having their funds or economic resources frozen. The UK Regulations also impose trade restrictions in relation to Somalia in respect of military goods and military technology, charcoal, and improvised explosive devices components. They also impose trade restrictions in relation to designated persons in respect of military goods and technology. The UK Regulations also impose restrictions on certain activities which enable or facilitate the conduct of armed hostilities in Somalia.
The restrictions under the UK Regulations are subject to exemptions applicable to certain transactions or activities, and also do not apply to anything that is permitted under a licence granted by the authorities.
BAILIWICK LEGISLATION
The Bailiwick has had domestic legislation in place to implement the UN sanctions regime relating to Somalia since its inception, either directly or by implementing the corresponding EU regimes. As a result of Brexit, this legislation has been repealed and replaced by the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020 ("the 2020 regulations"), which implement the UK Regulations.
All persons designated under the UK Regulations are included in the regime -specific list and the consolidated list of individuals and entities targeted by sanctions on the OFSI website (see link below).
Any addition to the list of designated persons is automatically effective under the UK Regulations as soon as it is made, and is therefore immediately effective in the Bailiwick.
Financial institutions and other bodies and persons in Guernsey should be aware of the prohibitions under the legislation and should check whether they have any business relationships, maintain any accounts or otherwise hold any funds or economic resources that relate to prohibited activities. They must put all necessary policies and procedures in place to ensure that they comply with the prohibitions under the legislation and should be particularly careful to ensure that they treat all accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body as frozen and that they refrain from making any funds or economic resources available directly or indirectly to any designated person without the consent of the licensing authority.
Failure to comply with any obligations under the UK Regulations, as implemented by the 2020 regulations, or under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") is a criminal offence under the Sanctions Law punishable with imprisonment and/or a fine.
REPORTING OBLIGATIONS
There are relevant reporting obligations under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") which apply to businesses that are subject to the Bailiwick's regime for countering money laundering and terrorist financing. These are obligations to report to the Policy and Resources Committee knowledge or suspicion that a person is a sanctioned person, is linked to a sanctioned person or has committed a sanctions breach, together with the information on which the knowledge or suspicion is based. Further information on these obligations is available here:
The same businesses are subject to reporting obligations under the UK Regulations. These obligations are similar to those under the Sanctions Law, but in addition require a business to specify the nature and amount or quantity of any funds or economic resources held by it for that customer at the time when it first had the necessary knowledge or suspicion, and to report certain types of exempt transaction.
Failure to comply with the reporting obligations under the Sanctions Law or under the UK Regulations is a criminal offence punishable with imprisonment and/or a fine.
It is important to be aware that these reporting obligations are in addition to the obligation to report suspicion of money laundering and/or terrorism financing to the Financial Intelligence Unit under the Disclosure (Bailiwick of Guernsey) Law 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Law 2002. If dealings involving a designated person give rise to knowledge or suspicion that another person is engaged in money laundering or terrorist financing, or reasonable grounds for such knowledge or suspicion, a disclosure should be made in the form and manner prescribed by the Disclosure (Bailiwick of Guernsey) Regulations 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Regulations 2007, in addition to any report to the Policy & Resources Committee.
COMPETENT AUTHORITY
Under the 2020 regulations, the Policy & Resources Committee is the competent authority for issuing financial licences and the Committee for Home Affairs is the competent authority for issuing trade licences. Any queries should be sent to policyandresources@gov.gg with the subject line 'Somalia Sanctions'.
Relevant links:
UK Sanctions List
https://www.gov.uk/government/publications/the-uk-sanctions-list
OFSI Consolidated Lists of Financial Sanctions Targets
https://www.gov.uk/government/publications/financial-sanctions-consolidated-list-of-targetsSouth Sudan
- BACKGROUND
Following the UK's withdrawal from the European Union, the UK enacted the South Sudan (Sanctions) (EU Exit) Regulations 2019 (" the UK Regulations") to comply with United Nations obligations relating to South Sudan, and for the purposes of promoting the peace, stability and security of South Sudan and related purposes.
The UK Regulations replace a corresponding EU sanctions regime relating to South Sudan, which was previously implemented in the UK by an EU Council Decision and Regulation.
The UK Regulations enable the Secretary of State to designate persons involved in the obstruction of the political process in South Sudan or the commission of serious human rights violations or abuses in South Sudan.Designated persons may be made subject to travel bans or financial sanctions, including having their funds or economic resources frozen.
The UK Regulations also impose trade restrictions in relation to military goods and technology.
The restrictions under the UK Regulations are subject to exemptions applicable to certain transactions or activities, and also do not apply to anything that is permitted under a licence granted by the authorities.
BAILIWICK LEGISLATION
The Bailiwick has had domestic legislation in place to implement the EU sanctions regime relating to South Sudan since its inception. As a result of Brexit, this legislation has been repealed and replaced by the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020 ("the 2020 regulations"), which implement the UK Regulations.
All persons designated under the UK Regulations are included in the regime -specific list and the consolidated list of individuals and entities targeted by sanctions on the OFSI website (see link below).
Any addition to the list of designated persons is automatically effective under the UK Regulations as soon as it is made, and is therefore immediately effective in the Bailiwick.
Financial institutions and other bodies and persons in Guernsey should be aware of the prohibitions under the legislation and should check whether they have any business relationships, maintain any accounts or otherwise hold any funds or economic resources that relate to prohibited activities. They must put all necessary policies and procedures in place to ensure that they comply with the prohibitions under the legislation and should be particularly careful to ensure that they treat all accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body as frozen and that they refrain from making any funds or economic resources available directly or indirectly to any designated person without the consent of the licensing authority.
Failure to comply with any obligations under the UK Regulations, as implemented by the 2020 regulations, or under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") is a criminal offence under the Sanctions Law punishable with imprisonment and/or a fine.
REPORTING OBLIGATIONS
There are relevant reporting obligations under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") which apply to businesses that are subject to the Bailiwick's regime for countering money laundering and terrorist financing. These are obligations to report to the Policy and Resources Committee knowledge or suspicion that a person is a sanctioned person, is linked to a sanctioned person or has committed a sanctions breach, together with the information on which the knowledge or suspicion is based. Further information on these obligations is available here:
The same businesses are subject to reporting obligations under the UK Regulations. These obligations are similar to those under the Sanctions Law, but in addition require a business to specify the nature and amount or quantity of any funds or economic resources held by it for that customer at the time when it first had the necessary knowledge or suspicion, and to report certain types of exempt transaction.
Failure to comply with the reporting obligations under the Sanctions Law or under the UK Regulations is a criminal offence punishable with imprisonment and/or a fine.
It is important to be aware that these reporting obligations are in addition to the obligation to report suspicion of money laundering and/or terrorism financing to the Financial Intelligence Unit under the Disclosure (Bailiwick of Guernsey) Law 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Law 2002. If dealings involving a designated person give rise to knowledge or suspicion that another person is engaged in money laundering or terrorist financing, or reasonable grounds for such knowledge or suspicion, a disclosure should be made in the form and manner prescribed by the Disclosure (Bailiwick of Guernsey) Regulations 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Regulations 2007, in addition to any report to the Policy & Resources Committee.
COMPETENT AUTHORITY
Under the 2020 regulations, the Policy & Resources Committee is the competent authority for issuing financial licences and the Committee for Home Affairs is the competent authority for issuing trade licences. Any queries should be sent to policyandresources@gov.gg with the subject line 'South Sudan Sanctions'.
Relevant links:
UK Sanctions List
https://www.gov.uk/government/publications/the-uk-sanctions-list
OFSI Consolidated Lists of Financial Sanctions Targets
https://www.gov.uk/government/publications/financial-sanctions-consolidated-list-of-targetsSudan
- BACKGROUND
Following the UK's withdrawal from the European Union, the UK enacted the Sudan (Sanctions) (EU Exit) Regulations 2020 (" the UK Regulations") to comply with United Nations obligations relating to Sudan, and for the purposes of promoting the peace, stability and security of Sudan, encouraging the resolution of the armed conflicts in Sudan and the stabilisation of Sudan, promoting respect for democracy, the rule of law and good governance in Sudan and other related purposes.
The UK Regulations replace a corresponding EU sanctions regime relating to Sudan, which was previously implemented in the UK by an EU Council Decision and Regulation.
The UK Regulations enable the Secretary of State to designate persons involved in activity which threatens the peace, stability or security of Sudan or in the commission of serious human rights violations or abuses in Sudan.
Designated persons may be made subject to travel bans or financial sanctions, including having their funds or economic resources frozen.
The UK Regulations also impose trade restrictions in relation to military goods and technology.
The restrictions under the UK Regulations are subject to exemptions applicable to certain transactions or activities, and also do not apply to anything that is permitted under a licence granted by the authorities.
BAILIWICK LEGISLATION
The Bailiwick has had domestic legislation in place to implement the EU sanctions regime relating to Sudan since its inception. As a result of Brexit, this legislation has been repealed and replaced by the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020 ("the 2020 regulations"), which implement the UK Regulations.
All persons designated under the UK Regulations are included in the regime -specific list and the consolidated list of individuals and entities targeted by sanctions on the OFSI website (see link below).
Any addition to the list of designated persons is automatically effective under the UK Regulations as soon as it is made, and is therefore immediately effective in the Bailiwick.
Financial institutions and other bodies and persons in Guernsey should be aware of the prohibitions under the legislation and should check whether they have any business relationships, maintain any accounts or otherwise hold any funds or economic resources that relate to prohibited activities. They must put all necessary policies and procedures in place to ensure that they comply with the prohibitions under the legislation and should be particularly careful to ensure that they treat all accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body as frozen and that they refrain from making any funds or economic resources available directly or indirectly to any designated person without the consent of the licensing authority.
Failure to comply with any obligations under the UK Regulations, as implemented by the 2020 regulations, or under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") is a criminal offence under the Sanctions Law punishable with imprisonment and/or a fine.
REPORTING OBLIGATIONS
There are relevant reporting obligations under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") which apply to businesses that are subject to the Bailiwick's regime for countering money laundering and terrorist financing. These are obligations to report to the Policy and Resources Committee knowledge or suspicion that a person is a sanctioned person, is linked to a sanctioned person or has committed a sanctions breach, together with the information on which the knowledge or suspicion is based. Further information on these obligations is available here:
The same businesses are subject to reporting obligations under the UK Regulations. These obligations are similar to those under the Sanctions Law, but in addition require a business to specify the nature and amount or quantity of any funds or economic resources held by it for that customer at the time when it first had the necessary knowledge or suspicion, and to report certain types of exempt transaction.
Failure to comply with the reporting obligations under the Sanctions Law or under the UK Regulations is a criminal offence punishable with imprisonment and/or a fine.
It is important to be aware that these reporting obligations are in addition to the obligation to report suspicion of money laundering and/or terrorism financing to the Financial Intelligence Unit under the Disclosure (Bailiwick of Guernsey) Law 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Law 2002. If dealings involving a designated person give rise to knowledge or suspicion that another person is engaged in money laundering or terrorist financing, or reasonable grounds for such knowledge or suspicion, a disclosure should be made in the form and manner prescribed by the Disclosure (Bailiwick of Guernsey) Regulations 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Regulations 2007, in addition to any report to the Policy & Resources Committee.
COMPETENT AUTHORITY
Under the 2020 regulations, the Policy & Resources Committee is the competent authority for issuing financial licences and the Committee for Home Affairs is the competent authority for issuing trade licences. Any queries should be sent to policyandresources@gov.gg with the subject line 'Sudan Sanctions'.
Relevant links:
UK Sanctions List
https://www.gov.uk/government/publications/the-uk-sanctions-list
OFSI Consolidated Lists of Financial Sanctions Targets
https://www.gov.uk/government/publications/financial-sanctions-consolidated-list-of-targetsSyria
- BACKGROUND
Following the UK's withdrawal from the European Union, the UK enacted the Syria (Sanctions) (EU Exit) Regulations 2019 ("the UK Regulations") for the purposes of encouraging the Syrian regime to refrain from actions, policies or activities which repress the civilian population in Syria and to participate in negotiations in good faith to reach a negotiated political settlement to bring about a peaceful solution to the conflict in Syria.
The UK Regulations replace a corresponding EU sanctions regime relating to Syria, which was previously implemented in the UK by an EU Council Decision and Regulation.
The UK Regulations enable the Secretary of State to designate persons involved in repressing the civilian population in Syria or those persons who support or have benefitted from the Syrian regime. This will include persons who are, or have been, Ministers or high-ranking officials in the Syrian armed forces, prominent businesspersons in Syria and other persons involved in chemical weapons-related activities.
Designated persons may be made subject to travel bans or financial sanctions, including having their funds or economic resources frozen.
The UK Regulations also impose trade restrictions on specified goods and technology (as specified in Schedule 2 to these Regulations), including goods and technology relating to chemical and biological weapons, which may be used for interception and monitoring services in Syria and those which may be used to repress the civilian population of Syria. A further trade sanction that is imposed by the UK Regulations is to prohibit the provision of interception and monitoring services to, or for the benefit of, the Government of Syria. The UK Regulations also contain prohibitions relating to the landing of aircraft.
The restrictions under the UK Regulations are subject to exemptions applicable to certain transactions or activities, and also do not apply to anything that is permitted under a licence granted by the authorities.
BAILIWICK LEGISLATION
The Bailiwick has had domestic legislation in place to implement the EU sanctions regime relating to Syria since its inception. As a result of Brexit, this legislation has been repealed and replaced by the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020 ("the 2020 regulations"), which implement the UK Regulations.
All persons designated under the UK Regulations are included in the regime -specific list and the consolidated list of individuals and entities targeted by sanctions on the OFSI website (see link below).
Any addition to the list of designated persons is automatically effective under the UK Regulations as soon as it is made, and is therefore immediately effective in the Bailiwick.
Financial institutions and other bodies and persons in Guernsey should be aware of the prohibitions under the legislation and should check whether they have any business relationships, maintain any accounts or otherwise hold any funds or economic resources that relate to prohibited activities. They must put all necessary policies and procedures in place to ensure that they comply with the prohibitions under the legislation and should be particularly careful to ensure that they treat all accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body as frozen and that they refrain from making any funds or economic resources available directly or indirectly to any designated person without the consent of the licensing authority.
Failure to comply with any obligations under the UK Regulations, as implemented by the 2020 regulations, or under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") is a criminal offence under the Sanctions Law punishable with imprisonment and/or a fine.
REPORTING OBLIGATIONS
There are relevant reporting obligations under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") which apply to businesses that are subject to the Bailiwick's regime for countering money laundering and terrorist financing. These are obligations to report to the Policy and Resources Committee knowledge or suspicion that a person is a sanctioned person, is linked to a sanctioned person or has committed a sanctions breach, together with the information on which the knowledge or suspicion is based. Further information on these obligations is available here:
The same businesses are subject to reporting obligations under the UK Regulations. These obligations are similar to those under the Sanctions Law, but in addition require a business to specify the nature and amount or quantity of any funds or economic resources held by it for that customer at the time when it first had the necessary knowledge or suspicion, and to report certain types of exempt transaction.
Failure to comply with the reporting obligations under the Sanctions Law or under the UK Regulations is a criminal offence punishable with imprisonment and/or a fine.
It is important to be aware that these reporting obligations are in addition to the obligation to report suspicion of money laundering and/or terrorism financing to the Financial Intelligence Unit under the Disclosure (Bailiwick of Guernsey) Law 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Law 2002. If dealings involving a designated person give rise to knowledge or suspicion that another person is engaged in money laundering or terrorist financing, or reasonable grounds for such knowledge or suspicion, a disclosure should be made in the form and manner prescribed by the Disclosure (Bailiwick of Guernsey) Regulations 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Regulations 2007, in addition to any report to the Policy & Resources Committee.
COMPETENT AUTHORITY
Under the 2020 regulations, the Policy & Resources Committee is the competent authority for issuing financial licences and the Committee for Home Affairs is the competent authority for issuing trade licences and aircraft licences. Any queries should be sent to policyandresources@gov.gg with the subject line 'Syria Sanctions'.
Relevant links:
UK Sanctions List
https://www.gov.uk/government/publications/the-uk-sanctions-list
OFSI Consolidated Lists of Financial Sanctions Targets
https://www.gov.uk/government/publications/financial-sanctions-consolidated-list-of-targetsSyria - cultural property
- BACKGROUND
Following the UK's withdrawal from the European Union, the UK enacted the Syria (United Nations Sanctions) (Cultural Property) (EU Exit) Regulations 2020 (" the UK Regulations") in relation to the trade in Syrian cultural property for the purposes of compliance with United Nations obligations in Security Council resolution 2199 adopted by the Security Council on 12 February 2015.
The UK Regulations replace a corresponding EU sanctions regime relating to Syrian cultural property which was previously implemented in the UK by an EU Council Decision and Regulation.
The UK Regulations impose trade restrictions on the trade in Syrian cultural property or any other item of archaeological, historical, cultural, rare scientific or religious importance, illegally removed from Syria on or after 15 March 2011.
The restrictions under the UK Regulations are subject to exemptions applicable to certain transactions or activities.
BAILIWICK LEGISLATION
The Bailiwick has had domestic legislation in place to implement the UN sanctions regime relating to Syrian cultural property since its inception, either directly or by implementing the corresponding EU regime. As a result of Brexit, this legislation has been repealed and replaced by the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020 ("the 2020 regulations"), which implement the UK Regulations.
Financial institutions and other bodies and persons in Guernsey should be aware of the prohibitions under the legislation and should check whether they have any business relationships, maintain any accounts or otherwise hold any funds or economic resources that relate to prohibited activities. They must put all necessary policies and procedures in place to ensure that they comply with the prohibitions under the legislation and should be particularly careful to ensure that they treat all accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body as frozen and that they refrain from making any funds or economic resources available directly or indirectly to any designated person without the consent of the licensing authority.
Failure to comply with any obligations under the UK Regulations, as implemented by the 2020 regulations, or under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") is a criminal offence under the Sanctions Law punishable with imprisonment and/or a fine.
REPORTING OBLIGATIONS
There are relevant reporting obligations under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") which apply to businesses that are subject to the Bailiwick's regime for countering money laundering and terrorist financing. These are obligations to report to the Policy and Resources Committee knowledge or suspicion that a person is a sanctioned person, is linked to a sanctioned person or has committed a sanctions breach, together with the information on which the knowledge or suspicion is based. Further information on these obligations is available here:
Failure to comply with the reporting obligations under the Sanctions Law or under the UK Regulations is a criminal offence punishable with imprisonment and/or a fine.
It is important to be aware that these reporting obligations are in addition to the obligation to report suspicion of money laundering and/or terrorism financing to the Financial Intelligence Unit under the Disclosure (Bailiwick of Guernsey) Law 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Law 2002. If dealings involving a designated person give rise to knowledge or suspicion that another person is engaged in money laundering or terrorist financing, or reasonable grounds for such knowledge or suspicion, a disclosure should be made in the form and manner prescribed by the Disclosure (Bailiwick of Guernsey) Regulations 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Regulations 2007, in addition to any report to the Policy & Resources Committee.
COMPETENT AUTHORITY
There is no licensing regime under the UK Regulations. Any queries should be sent to policyandresources@gov.gg with the subject line 'Syria Cultural Property Sanctions'.
Relevant links:
UK Sanctions List
https://www.gov.uk/government/publications/the-uk-sanctions-listTerrorism Financing
- BACKGROUND
Following the UK's withdrawal from the European Union, the UK enacted the Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019 (" the UK Regulations") and the Counter-Terrorism (International Sanctions) (EU Exit) Regulations 2019("the UK International Regulations").The purpose of both the UK Regulations and the UK International Regulations is to further the prevention of terrorism in the United Kingdom and elsewhere, to protect the interests of national security in the UK, and to implement obligations under United Nations Security Council Resolution 1373 (2001).
The UK Regulations and the UK International Regulations between them replace certain provisions of Terrorist Asset-Freezing etc. Act 2010 which previously implemented Resolution 1373 (2001) in the UK, and the UK International Regulations also replace an autonomous EU regime in respect of ISIL (Da'esh) and Al-Qaida which was previously implemented in the UK by an EU Council Decision and Regulation.
The UK Regulations enable HM Treasury to designate persons involved in terrorism, who are subject to financial sanctions, including having their funds and economic resources frozen.
The UK International Regulations enable the Secretary of State to designate persons involved in terrorism, wherever the involvement took place, who may be made subject to travel bans or financial sanctions, including having their funds and/or economic resources frozen. Persons designated under the UK International Regulations may also be subject to trade restrictions on military goods and military technology and associated services.
The restrictions under the UK Regulations and the UK International Regulations are subject to exemptions applicable to certain transactions or activities, and also do not apply to anything that is permitted under a licence granted by the authorities.
Further information about Counter-Terrorism measures is available here Counter-Terrorism Measures - States of Guernsey (gov.gg). This page provides access to an Advisory Memorandum issued by the Policy & Resources Committee about UN measures in relation to terrorism and terrorism financing. The
BAILIWICK LEGISLATION
The Bailiwick implements Resolution 1373 (2001) in two ways. The first is under the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020 ( "the 2020 regulations"). The 2020 regulations implement both the UK Regulations and the UK International Regulations in the Bailiwick. All persons designated under the UK Regulations the UK International Regulations are included in the regime -specific list and the consolidated list of individuals and entities targeted by sanctions on the OFSI website (see link below).
Any addition to the list of designated persons is automatically effective under the UK Regulations or the UK International Regulations Regulations as soon as it is made, and is therefore immediately effective in the Bailiwick.
The second way in which the Bailiwick implements Resolution 1373 (2001) is under the Terrorist Asset-Freezing (Bailiwick of Guernsey) Law, 2011 ("2011 Law'), which imposes financial sanctions on persons designated by the Policy & Resources Committee. These sanctions effectively mirror the financial sanctions under the UK Regulations. They are subject to exemptions applicable to certain transactions or activities, and also do not apply to anything that is permitted under a licence granted by the Policy & Resources Committee.
In order to exercise its powers of designation, the Policy & Resources Committee must first reasonably suspect that the potential designation target is:
- involved in terrorist activity, or
- owned or controlled directly or indirectly by a person involved in terrorist activity, or
- acting on behalf of or at the direction of a person involved in terrorist activity.
In addition, the Policy & Resources Committee must consider it is necessary that financial restrictions should be applied in relation to the relevant person for purposes connected with protecting members of the public from terrorism.
The Policy & Resources Committee will consider making designations on the basis of information provided by third parties including the authorities of other jurisdictions. Guidance to assist other jurisdictions in making a designation request under the Terrorist Asset Freezing Law is available
Any person who wishes to request a designation or to provide any information in respect of a possible designation or the location of relevant assets should contact the Financial Crime Policy Office of the Policy & Resources Committee at the address below.
There are currently no designations by the Policy & Resources Committee under section 1 of the 2011 Law. Any persons that may be designated will be added to the list which is available to download here [204kb].
Financial institutions and other bodies and persons in Guernsey should be aware of the prohibitions under the legislation and should check whether they have any business relationships, maintain any accounts or otherwise hold any funds or economic resources that relate to prohibited activities. They must put all necessary policies and procedures in place to ensure that they comply with the prohibitions under the legislation and should be particularly careful to ensure that they treat all accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body as frozen and that they refrain from making any funds or economic resources available directly or indirectly to any designated person without the consent of the licensing authority.
Failure to comply with any obligations under the UK Regulations, as implemented by the 2020 regulations, or under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") is a criminal offence under the Sanctions Law punishable with imprisonment and/or a fine.
OUTREACH
Members of the Sanctions Committee regularly provide outreach in relation to terrorism - related sanctions. In the first quarter of 2017 the Policy and Resources Committee, in liaison with the Sanctions Committee, held a conference with international speakers on International Terrorist Financing: Risk Awareness and Mitigation for businesses in Guernsey. The slides here [18kb] articulate messages which have routinely been issued by member authorities of the Sanctions Committee to the private sector. Information provided at briefings for the private sector by the Policy & Resources Committee, in liaison with the Sanctions Committee, in Guernsey in May 2023 is available
In addition, Guernsey's anti-money laundering and counter terrorist financing authorities have put together a guidance document on terrorist financing, which was issued by the P&R Committee to the private sector in November 2019, and which is now made public. This document, available here [2Mb], will assist businesses and third sector organisations in ensuring their counter terrorist financing measures are up-to-date and comprehensive. It should be read in conjunction with the report on Guernsey's anti-money laundering and counter terrorist financing national risk assessment, which can be found here.
REPORTING OBLIGATIONS
There are relevant reporting obligations under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") which apply to businesses that are subject to the Bailiwick's regime for countering money laundering and terrorist financing. These are obligations to report to the Policy and Resources Committee knowledge or suspicion that a person is a sanctioned person, is linked to a sanctioned person or has committed a sanctions breach, together with the information on which the knowledge or suspicion is based. Further information on these obligations is available here:
The same businesses are subject to reporting obligations under the UK Regulations. These obligations are similar to those under the Sanctions Law, but in addition require a business to specify the nature and amount or quantity of any funds or economic resources held by it for that customer at the time when it first had the necessary knowledge or suspicion, and to report certain types of exempt transaction.
Failure to comply with the reporting obligations under the Sanctions Law or under the UK Regulations is a criminal offence punishable with imprisonment and/or a fine.
It is important to be aware that these reporting obligations are in addition to the obligation to report suspicion of money laundering and/or terrorism financing to the Financial Intelligence Unit under the Disclosure (Bailiwick of Guernsey) Law 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Law 2002. If dealings involving a designated person give rise to knowledge or suspicion that another person is engaged in money laundering or terrorist financing, or reasonable grounds for such knowledge or suspicion, a disclosure should be made in the form and manner prescribed by the Disclosure (Bailiwick of Guernsey) Regulations 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Regulations 2007, in addition to any report to the Policy & Resources Committee.
COMPETENT AUTHORITY
Under the 2020 regulations, the Policy & Resources Committee is the competent authority for issuing financial licences and the Committee for Home Affairs is the competent authority for issuing trade licences. The Policy & Resources Committee is the competent authority for the purposes of the 2011 Law. Any queries should be sent to policyandresources@gov.gg with the subject line 'Terrorism Financing Sanctions'.
Relevant links:
UK Sanctions List
https://www.gov.uk/government/publications/the-uk-sanctions-list
OFSI Consolidated Lists of Financial Sanctions Targets
https://www.gov.uk/government/publications/financial-sanctions-consolidated-list-of-targetsUnauthorised Drilling Activities
- BACKGROUND
Following the UK's withdrawal from the European Union, the UK enacted the Unauthorised Drilling Activities in the Eastern Mediterranean (Sanctions) (EU Exit) Regulations 2020 (" the UK Regulations") for the purposes of discouraging any hydrocarbon exploration, production or extraction activity which has not been authorised by the Republic of Cyprus within its territorial sea or in its exclusive economic zone or on its continental shelf including, in cases where the exclusive economic zone or continental shelf has not been delimited in accordance with international law with a State having an opposite coast, activities which may jeopardise or hamper the reaching of a delimitation agreement.
The UK Regulations replace a EU sanctions regime relating to unauthorized drilling activities carried out by Turkey that was previously implemented in the UK by EU Council Decisions and Regulations.
The UK Regulations enable the Secretary of State to designate persons who may be made subject to travel bans or financial sanctions, including having their funds or economic resources frozen.
The restrictions under the UK Regulations are subject to exemptions applicable to certain transactions or activities, and also do not apply to anything that is permitted under a licence granted by the authorities.
BAILIWICK LEGISLATION
The Bailiwick has had domestic legislation in place to implement the EU sanctions regime relating to unauthorized drilling activities carried out by Turkey since its inception. As a result of Brexit, this legislation has been repealed and replaced by the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020 ("the 2020 regulations"), which implement the UK Regulations.
All persons designated under the UK Regulations are included in the regime -specific list and the consolidated list of individuals and entities targeted by sanctions on the OFSI website (see link below).
Any addition to the list of designated persons is automatically effective under the UK Regulations as soon as it is made, and is therefore immediately effective in the Bailiwick.
Financial institutions and other bodies and persons in Guernsey should be aware of the prohibitions under the legislation and should check whether they have any business relationships, maintain any accounts or otherwise hold any funds or economic resources that relate to prohibited activities. They must put all necessary policies and procedures in place to ensure that they comply with the prohibitions under the legislation and should be particularly careful to ensure that they treat all accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body as frozen and that they refrain from making any funds or economic resources available directly or indirectly to any designated person without the consent of the licensing authority.
Failure to comply with any obligations under the UK Regulations, as implemented by the 2020 regulations, or under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") is a criminal offence under the Sanctions Law punishable with imprisonment and/or a fine.
REPORTING OBLIGATIONS
There are relevant reporting obligations under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") which apply to businesses that are subject to the Bailiwick's regime for countering money laundering and terrorist financing. These are obligations to report to the Policy and Resources Committee knowledge or suspicion that a person is a sanctioned person, is linked to a sanctioned person or has committed a sanctions breach, together with the information on which the knowledge or suspicion is based. Further information on these obligations is available here:
The same businesses are subject to reporting obligations under the UK Regulations. These obligations are similar to those under the Sanctions Law, but in addition require a business to specify the nature and amount or quantity of any funds or economic resources held by it for that customer at the time when it first had the necessary knowledge or suspicion, and to report certain types of exempt transaction.
Failure to comply with the reporting obligations under the Sanctions Law or under the UK Regulations is a criminal offence punishable with imprisonment and/or a fine.
It is important to be aware that these reporting obligations are in addition to the obligation to report suspicion of money laundering and/or terrorism financing to the Financial Intelligence Unit under the Disclosure (Bailiwick of Guernsey) Law 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Law 2002. If dealings involving a designated person give rise to knowledge or suspicion that another person is engaged in money laundering or terrorist financing, or reasonable grounds for such knowledge or suspicion, a disclosure should be made in the form and manner prescribed by the Disclosure (Bailiwick of Guernsey) Regulations 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Regulations 2007, in addition to any report to the Policy & Resources Committee.
COMPETENT AUTHORITY
Under the 2020 regulations, the Policy & Resources Committee is the licensing authority in relation to these sanctions. Any queries should be sent to policyandresources@gov.gg with the subject line 'Unauthorised Drilling Sanctions'.
Relevant links:
UK Sanctions List
https://www.gov.uk/government/publications/the-uk-sanctions-list
OFSI Consolidated Lists of Financial Sanctions Targets
https://www.gov.uk/government/publications/financial-sanctions-consolidated-list-of-targetsVenezuela
- BACKGROUND
Following the UK's withdrawal from the European Union, the UK enacted the Venezuela (Sanctions) (EU Exit) Regulations 2019 ("the UK Regulations") for the purposes of encouraging the Government of Venezuela to: respect democratic principles and institutions, the separation of powers and the rule of law; refrain from the repression of civil society; participate in good faith in negotiations with its political opponents; comply with international human rights law and respect human rights.
The UK Regulations replace a corresponding EU sanctions regime relating to Venezuela, which was previously implemented in the UK by an EU Council Decision and Regulation.
The UK Regulations enable the Secretary of State to designate persons who may be made subject to travel bans or financial sanctions, including having their funds or economic resources frozen.
The UK Regulations also impose trade restrictions on specified goods and technology which may be used to repress the civilian population of Venezuela and on specified goods and technology which may be used for interception and monitoring. A further trade sanction imposed by the UK Regulations is the prohibition on providing interception and monitoring services to, or for the benefit of, the Government of Venezuela.
The restrictions under the UK Regulations are subject to exemptions applicable to certain transactions or activities, and also do not apply to anything that is permitted under a licence granted by the authorities.
BAILIWICK LEGISLATION
The Bailiwick has had domestic legislation in place to implement the EU sanctions regime relating to Venezuela since its inception. As a result of Brexit, this legislation has been repealed and replaced by the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020 ("the 2020 regulations"), which implement the UK Regulations.
All persons designated under the UK Regulations are included in the regime -specific list and the consolidated list of individuals and entities targeted by sanctions on the OFSI website (see link below).
Any addition to the list of designated persons is automatically effective under the UK Regulations as soon as it is made, and is therefore immediately effective in the Bailiwick.
Financial institutions and other bodies and persons in Guernsey should be aware of the prohibitions under the legislation and should check whether they have any business relationships, maintain any accounts or otherwise hold any funds or economic resources that relate to prohibited activities. They must put all necessary policies and procedures in place to ensure that they comply with the prohibitions under the legislation and should be particularly careful to ensure that they treat all accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body as frozen and that they refrain from making any funds or economic resources available directly or indirectly to any designated person without the consent of the licensing authority.
Failure to comply with any obligations under the UK Regulations, as implemented by the 2020 regulations, or under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") is a criminal offence under the Sanctions Law punishable with imprisonment and/or a fine.
REPORTING OBLIGATIONS
There are relevant reporting obligations under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") which apply to businesses that are subject to the Bailiwick's regime for countering money laundering and terrorist financing. These are obligations to report to the Policy and Resources Committee knowledge or suspicion that a person is a sanctioned person, is linked to a sanctioned person or has committed a sanctions breach, together with the information on which the knowledge or suspicion is based. Further information on these obligations is available here:
The same businesses are subject to reporting obligations under the UK Regulations. These obligations are similar to those under the Sanctions Law, but in addition require a business to specify the nature and amount or quantity of any funds or economic resources held by it for that customer at the time when it first had the necessary knowledge or suspicion, and to report certain types of exempt transaction.
Failure to comply with the reporting obligations under the Sanctions Law or under the UK Regulations is a criminal offence punishable with imprisonment and/or a fine.
It is important to be aware that these reporting obligations are in addition to the obligation to report suspicion of money laundering and/or terrorism financing to the Financial Intelligence Unit under the Disclosure (Bailiwick of Guernsey) Law 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Law 2002. If dealings involving a designated person give rise to knowledge or suspicion that another person is engaged in money laundering or terrorist financing, or reasonable grounds for such knowledge or suspicion, a disclosure should be made in the form and manner prescribed by the Disclosure (Bailiwick of Guernsey) Regulations 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Regulations 2007, in addition to any report to the Policy & Resources Committee.
COMPETENT AUTHORITY
Under the 2020 regulations, the Policy & Resources Committee is the competent authority for issuing financial licences and the Committee for Home Affairs is the competent authority for issuing trade licences. Any queries should be sent to policyandresources@gov.gg with the subject line 'Venezuela Sanctions'.
Relevant links:
UK Sanctions List
https://www.gov.uk/government/publications/the-uk-sanctions-list
OFSI Consolidated Lists of Financial Sanctions Targets
https://www.gov.uk/government/publications/financial-sanctions-consolidated-list-of-targetsYemen
- BACKGROUND
Following the UK's withdrawal from the European Union, the UK enacted the Yemen (Sanctions) (EU Exit) Regulations 2020 (" the UK Regulations") to comply with United Nations obligations relating to Yemen, and for the purposes of promoting the peace, stability and security of Yemen.
The UK Regulations replace a corresponding EU sanctions regime relating to Yemen, which was previously implemented in the UK by an EU Council Decision and Regulation.
The effect of the UK Regulations is that persons who are listed by the UN are designated persons for the purposes of the UK Regulations. The UK Regulations also enable the Secretary of State to designate persons involved in the commission of serious human rights violations or abuses in Yemen, obstructing the delivery or distribution of, or access to, humanitarian assistance in Yemen, and other acts which undermine the peace, stability and security of Yemen. Designated persons may be made subject to travel bans and financial sanctions, including having their funds or economic resources frozen. The UK Regulations also impose trade restrictions on military goods and military technology and associated services.
The restrictions under the UK Regulations are subject to exemptions applicable to certain transactions or activities, and also do not apply to anything that is permitted under a licence granted by the authorities.
BAILIWICK LEGISLATION
The Bailiwick has had domestic legislation in place to implement the EU sanctions regime relating to Yemen since its inception. As a result of Brexit, this legislation has been repealed and replaced by the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020 ("the 2020 regulations"), which implement the UK Regulations.
All persons designated under the UK Regulations are included in the regime -specific list and the consolidated list of individuals and entities targeted by sanctions on the OFSI website (see link below).
Any addition to the list of designated persons is automatically effective under the UK Regulations as soon as it is made, and is therefore immediately effective in the Bailiwick.
Financial institutions and other bodies and persons in Guernsey should be aware of the prohibitions under the legislation and should check whether they have any business relationships, maintain any accounts or otherwise hold any funds or economic resources that relate to prohibited activities. They must put all necessary policies and procedures in place to ensure that they comply with the prohibitions under the legislation and should be particularly careful to ensure that they treat all accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body as frozen and that they refrain from making any funds or economic resources available directly or indirectly to any designated person without the consent of the licensing authority.
Failure to comply with any obligations under the UK Regulations, as implemented by the 2020 regulations, or under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") is a criminal offence under the Sanctions Law punishable with imprisonment and/or a fine.
REPORTING OBLIGATIONS
There are relevant reporting obligations under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") which apply to businesses that are subject to the Bailiwick's regime for countering money laundering and terrorist financing. These are obligations to report to the Policy and Resources Committee knowledge or suspicion that a person is a sanctioned person, is linked to a sanctioned person or has committed a sanctions breach, together with the information on which the knowledge or suspicion is based. Further information on these obligations is available here:
The same businesses are subject to reporting obligations under the UK Regulations. These obligations are similar to those under the Sanctions Law, but in addition require a business to specify the nature and amount or quantity of any funds or economic resources held by it for that customer at the time when it first had the necessary knowledge or suspicion, and to report certain types of exempt transaction.
Failure to comply with the reporting obligations under the Sanctions Law or under the UK Regulations is a criminal offence punishable with imprisonment and/or a fine.
It is important to be aware that these reporting obligations are in addition to the obligation to report suspicion of money laundering and/or terrorism financing to the Financial Intelligence Unit under the Disclosure (Bailiwick of Guernsey) Law 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Law 2002. If dealings involving a designated person give rise to knowledge or suspicion that another person is engaged in money laundering or terrorist financing, or reasonable grounds for such knowledge or suspicion, a disclosure should be made in the form and manner prescribed by the Disclosure (Bailiwick of Guernsey) Regulations 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Regulations 2007, in addition to any report to the Policy & Resources Committee.
COMPETENT AUTHORITY
Under the 2020 regulations, the Policy & Resources Committee is the competent authority for issuing financial licences and the Committee for Home Affairs is the competent authority for issuing trade licences. Any queries should be sent to policyandresources@gov.gg with the subject line 'Yemen Sanctions'.
Relevant links:
UK Sanctions List
https://www.gov.uk/government/publications/the-uk-sanctions-list
OFSI Consolidated Lists of Financial Sanctions Targets
https://www.gov.uk/government/publications/financial-sanctions-consolidated-list-of-targetsZimbabwe
- BACKGROUND
Following the UK's withdrawal from the European Union, the UK enacted the Zimbabwe (Sanctions) (EU Exit) Regulations 2019 ("the UK Regulations") for the purposes of encouraging the Government of Zimbabwe to: respect democratic principles and institutions and the rule of law; refrain from the repression of civil society; comply with international human rights law and to respect human rights.
The UK Regulations replace a corresponding EU sanctions regime relating to Zimbabwe, which was previously implemented in the UK by an EU Council Decision and Regulation.
The UK Regulations enable the Secretary of State to designate persons who may be made subject to travel bans and financial sanctions, including having their funds or economic resources frozen. The UK Regulations also impose trade restrictions on specified goods and technology, including those which may be used to repress the civilian population of Zimbabwe.
The restrictions under the UK Regulations are subject to exemptions applicable to certain transactions or activities, and also do not apply to anything that is permitted under a licence granted by the authorities.
BAILIWICK LEGISLATION
The Bailiwick has had domestic legislation in place to implement the EU sanctions regime relating to Zimbabwe since its inception. As a result of Brexit, this legislation has been repealed and replaced by the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020 ("the 2020 regulations"), which implement the UK Regulations.
All persons designated under the UK Regulations are included in the regime -specific list and the consolidated list of individuals and entities targeted by sanctions on the OFSI website (see link below).
Any addition to the list of designated persons is automatically effective under the UK Regulations as soon as it is made, and is therefore immediately effective in the Bailiwick.
Financial institutions and other bodies and persons in Guernsey should be aware of the prohibitions under the legislation and should check whether they have any business relationships, maintain any accounts or otherwise hold any funds or economic resources that relate to prohibited activities. They must put all necessary policies and procedures in place to ensure that they comply with the prohibitions under the legislation and should be particularly careful to ensure that they treat all accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body as frozen and that they refrain from making any funds or economic resources available directly or indirectly to any designated person without the consent of the licensing authority.
Failure to comply with any obligations under the UK Regulations, as implemented by the 2020 regulations, or under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") is a criminal offence under the Sanctions Law punishable with imprisonment and/or a fine.
REPORTING OBLIGATIONS
There are relevant reporting obligations under the Sanctions (Bailiwick of Guernsey) Law, 2018 ("the Sanctions Law") which apply to businesses that are subject to the Bailiwick's regime for countering money laundering and terrorist financing. These are obligations to report to the Policy and Resources Committee knowledge or suspicion that a person is a sanctioned person, is linked to a sanctioned person or has committed a sanctions breach, together with the information on which the knowledge or suspicion is based. Further information on these obligations is available here:
The same businesses are subject to reporting obligations under the UK Regulations. These obligations are similar to those under the Sanctions Law, but in addition require a business to specify the nature and amount or quantity of any funds or economic resources held by it for that customer at the time when it first had the necessary knowledge or suspicion, and to report certain types of exempt transaction.
Failure to comply with the reporting obligations under the Sanctions Law or under the UK Regulations is a criminal offence punishable with imprisonment and/or a fine.
It is important to be aware that these reporting obligations are in addition to the obligation to report suspicion of money laundering and/or terrorism financing to the Financial Intelligence Unit under the Disclosure (Bailiwick of Guernsey) Law 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Law 2002. If dealings involving a designated person give rise to knowledge or suspicion that another person is engaged in money laundering or terrorist financing, or reasonable grounds for such knowledge or suspicion, a disclosure should be made in the form and manner prescribed by the Disclosure (Bailiwick of Guernsey) Regulations 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Regulations 2007, in addition to any report to the Policy & Resources Committee.
COMPETENT AUTHORITY
Under the 2020 regulations, the Policy & Resources Committee is the competent authority for issuing financial licences and the Committee for Home Affairs is the competent authority for issuing trade licences. Any queries should be sent to policyandresources@gov.gg with the subject line 'Zimbabwe Sanctions'.
Relevant links:
UK Sanctions List
https://www.gov.uk/government/publications/the-uk-sanctions-list
OFSI Consolidated Lists of Financial Sanctions Targets
https://www.gov.uk/government/publications/financial-sanctions-consolidated-list-of-targets
The Policy & Resources Committee can be contacted at:
Financial Crime Policy Office
Sir Charles Frossard House
La Charroterie
St Peter Port
Guernsey
GY1 1FH
Channel Islands
Tel: +44 1481 223220
Email: policyandresources@gov.gg
