Syria (Restrictive Measures) (Guernsey) Ordinance, 2012

Summary

This Ordinance gave domestic legal effect in Guernsey to EU Council Regulation (EU) No. 36/2012, which imposed restrictive measures (sanctions) in relation to Syria. It applied the EU Regulation in Guernsey as if Guernsey were an EU Member State, with specified modifications, and created offences for breaching the sanctions or related information requirements. It has since been repealed and replaced by the Sanctions (Implementation of UK Regimes) (Bailiwick of Guernsey) (Brexit) Regulations, 2020, so it no longer has current legal effect and is included here for historical reference only.

• Application of EU sanctions: Applied Council Regulation (EU) No. 36/2012 concerning Syria restrictive measures directly in Guernsey, with the Policy Council substituted for EU Member State competent authorities.
• Offences: Made it an offence to infringe, cause or permit infringement of any prohibition in the EU Regulation.
• Information powers: Allowed the Policy Council to require any person in or resident in Guernsey to furnish information or documents needed to ensure compliance with the EU Regulation, subject to legal professional privilege protections.
• Failure to cooperate or false information: Criminalised failure without reasonable excuse to provide information or cooperate, and intentional or reckless furnishing of false information, documents or explanations.
• Penalties: Set penalties up to two years imprisonment and/or a fine on indictment, or up to three months imprisonment and/or a level 5 fine on summary conviction, with extended liability for directors and managers of bodies corporate.
• Appeals: Allowed a person aggrieved by a Policy Council decision under the EU Regulation to appeal to the Ordinary Court on specified grounds (ultra vires, unreasonableness, bad faith, disproportionality, or material error).

The Ordinance came into force on 27th January 2012 and was later amended in 2013 to adjust the modifications applied to the EU Regulation. It repealed earlier 2011 Syria restrictive measures ordinances. As the Ordinance is now repealed, none of its obligations remain in force; current Syria sanctions in Guernsey are governed by the later Brexit-era sanctions regulations.

Key obligations

• Persons in or resident in Guernsey were required to comply with any Policy Council request for information or documents within the time and manner specified in the request
• Persons could not furnish false information, documents or explanations in purported compliance with the EU Regulation
• Persons had to refrain from infringing, or causing/permitting infringement of, any prohibition in the EU Regulation (the Syria sanctions regime)

Applies to

any person in or resident in Guernsey, body corporates and their directors, managers, secretaries or similar officers, advocates and other legal advisers (in relation to information requests)

Deadlines

• 27th January, 2012: Date the Ordinance came into force (commencement)
• 25th November, 2013: Effective date of amendments made by the Syria (Restrictive Measures) (Guernsey) (Amendment) Ordinance, 2013 to section 2 modifications