Advisory Warning No. 10 of 2012 - The Al-Qaida and Taliban (United Nations Measures) (Overseas Territories) (Amendment) Notice 2011 (2012-07-05)

Summary

This is an advisory notice from the BVI Financial Services Commission alerting the public and regulated persons to a UK statutory amendment affecting the sanctions regime against Al-Qaida and the Taliban. It informs readers that the underlying Order, which criminalises making funds available to listed persons and entities, has been amended to reflect an updated UN Security Council consolidated list.

• Legal basis: The Al-Qaida and Taliban (United Nations Measures) (Overseas Territories) Order 2002 gives effect to UNSCR 1267, 1333, 1363 and 1390, making it an offence to make funds available to the Taliban, Al-Qaida, Usama Bin Laden, or listed persons/entities without a Governor's licence.
• Amendment: The Al-Qaida and Taliban (United Nations Measures) (Overseas Territories) (Amendment) Notice 2011 updates the Order to reflect further measures under UNSCR 1989 (2011), revising the list of persons and entities subject to asset freezes, travel bans and arms embargoes.
• Delisting: One individual (Shafiq Ben Mohamed Ben Mohamed Al-Ayadi) has been removed from the Al-Qaida sanctions list, meaning the asset freeze, travel ban and arms embargo under UNSCR 1822 (2008) no longer apply to that entry.
• Ongoing list updates: The UN Security Council Committee's Consolidated List is updated regularly, and readers are directed to the Committee's website and UN resolution pages for current information.

The notice is informational in nature, directing regulated and other persons to comply with the existing sanctions framework as amended, rather than imposing new standalone reporting or filing requirements beyond the pre-existing prohibition on dealing with listed persons and entities.

Key obligations

• Persons must not make funds available to or for the benefit of the Taliban, the Al-Qaida Organization, Usama Bin Laden, or any entity or individual listed in the UN Consolidated List, or anyone acting on their behalf, except under a licence granted by the Governor.
• Regulated and other persons must comply with the requirements of the Al-Qaida and Taliban (United Nations Measures) (Overseas Territories) (Amendment) Notice 2011, including checking against the revised Consolidated List of sanctioned persons and entities.

Applies to

regulated persons, general public