Al-Qaida (Restrictive Measures) (Guernsey) (Amendment) Ordinance, 2016

Summary

This Ordinance amends the Al-Qaida (Restrictive Measures) (Guernsey) Ordinance, 2013 to extend Guernsey's sanctions regime to cover a second EU Regulation dealing with ISIL (Da'esh) and Al-Qaida, alongside the original EC Regulation 881/2002. It updates cross-references throughout the 2013 Ordinance so that both instruments (now called 'the first Regulation' and 'the second Regulation', together 'the EU Regulations') have full force and effect in Guernsey.

• New Regulation added: Council Regulation (EU) 2016/1686 of 20 September 2016, imposing additional restrictive measures against ISIL (Da'esh) and Al-Qaida and associated persons, entities or bodies, is given full force and effect in Guernsey alongside the original EC Regulation 881/2002.
• Offence provision retained and extended: A person who contravenes, or causes or permits contravention of, any prohibition or requirement in either EU Regulation commits an offence.
• Terminology and cross-reference updates: References to 'the EC Regulation' throughout sections 2, 3, 5, 6, 7 and 10 and the Schedule of the 2013 Ordinance are replaced with 'the EU Regulations', and modification provisions (e.g. Article 10 references) are updated to cover both Regulations.

The amendment is procedural in nature, aligning Guernsey's domestic sanctions framework with the expanded EU sanctions list rather than creating new categories of regulated business. It came into force on 1 November 2016.

Key obligations

• Persons must not contravene, or cause or permit contravention of, any prohibition or requirement in the first Regulation (EC 881/2002) or the second Regulation (EU 2016/1686), on pain of criminal offence.

Applies to

persons subject to Guernsey sanctions law (including financial services firms conducting sanctions screening)

Deadlines

• 1st November, 2016: Coming into force / commencement date of the Ordinance