Libya (Restrictive Measures) (Guernsey) Ordinance 2016

Summary

This Ordinance gives full legal force in Guernsey to EU Council Regulation 2016/44, which imposes restrictive measures (sanctions) in relation to the situation in Libya. It adapts the EU Regulation's references (to Member States, competent authorities, the Commission, vessels, aircraft, territory, etc.) to fit Guernsey's institutional framework, designating the Policy Council and Chief Revenue Officer as the relevant local authorities, and creates offences for breaching the sanctions regime or related information obligations.

• Core prohibition: Any person who contravenes, causes or permits a contravention of the prohibitions or requirements in the EU Regulation (as modified for Guernsey) commits an offence.
• Modifications: References to Member States, the Union, competent authorities, vessels, aircraft and territory in the EU Regulation are read as including Guernsey, its authorities, ships, aircraft, airspace and territorial waters; Articles 22 and 23 of the EU Regulation are disapplied.
• Information powers: The Policy Council (or its authorised agents) may require any person to furnish information or documents needed to ensure compliance with the EU Regulation; failure to cooperate or provision of false information is an offence, subject to legal professional privilege protections.
• Appeals: A person aggrieved by a Policy Council decision under the EU Regulation may appeal to the Ordinary Court on specified grounds (ultra vires, unreasonableness, bad faith, disproportionality, material factual/procedural error).
• Penalties: Offences carry, on indictment, up to two years' imprisonment and/or a fine, or on summary conviction up to three months' imprisonment and/or a fine not exceeding level 5 on the uniform scale (lower-tier Schedule offences also summary only).
• Corporate liability: Directors, managers, officers or members responsible through consent, connivance or neglect can be personally liable alongside a legal person or unincorporated body found guilty of an offence.
• Repeal: The Libya (Restrictive Measures) (Guernsey) Ordinance, 2011 is repealed and replaced by this Ordinance.

The Ordinance is a sanctions-implementation measure rather than a licensing or prudential regime: it does not create ongoing regulatory filings but does impose criminal liability for breaching Libya-related restrictive measures or obstructing information requests made under them.

Key obligations

• Comply with all prohibitions and requirements of EU Regulation 2016/44 as applied and modified for Guernsey, to avoid committing an offence.
• Furnish information or documents to the Policy Council (or its authorised agent) within the time and manner specified when validly requested for compliance purposes.
• Do not intentionally or recklessly furnish false information, documents or explanations in purported compliance with the EU Regulation or a Schedule request.
• Do not disclose information or documents obtained under the Schedule except in the limited circumstances permitted (consent, authorised recipients, Policy Council authorisation, or law enforcement purposes).
• Any appeal against a Policy Council decision under the EU Regulation must be instituted within 28 days of the decision (or such other period as the Ordinary Court directs), by summons served on the Chief Minister.

Applies to

persons, entities and bodies subject to the EU Regulation as applied in Guernsey, natural or legal persons dealing with designated vessels, aircraft or listed persons under the Libya sanctions regime, legal persons and unincorporated bodies (including their directors, managers, officers and partners)

Deadlines

• 2nd February, 2016: Commencement date of the Ordinance.
• 28 days immediately following the date of the decision of the Policy Council (or such other period as the Ordinary Court may direct): Time limit to institute an appeal against a Policy Council decision made under the EU Regulation.