United Nations Financial Sanctions (Jersey) Law 2017

United Nations Financial Sanctions (Jersey) Law 2017 Arrangement Article Part 1 3 Interpretation 3 1 Interpretation . 3 2 Meaning of “UN financial sanctions resolution” and “UN-listed person” . 4 3 Meaning of “designated person” . 5 Part 2 6 Asset-freezing Orders 6 4 Interim asset-freezing Order to implement UN financial sanctions resolution . 6 5 Interim asset-freezing Order: sunset provision . 7 6 Final asset-freezing Order 7 Part 3 8 Asset-freezing and reporting 8 7 Freezing of funds and economic resources . 8 8 Making funds or financial services available to designated person . 9 9 Making funds or financial services available for benefit of designated person . 9 10 Making economic resources available to designated person . 9 11 Making economic resources available for benefit of designated person . 9 12 Exceptions . 10 13 Licences . 10 14 Circumventing prohibitions etc. 11 15 Reporting obligations of relevant institutions . 11 Part 4 12 Miscellaneous and final 12 16 Information . 12 17 Appeal and review .. 13 18 Offences . 14 19 Delegation . 15 20 Power to make amendments by Regulations . 15 21 Orders and Regulations . 15 22 Amendment of European Union Legislation (Implementation) (Jersey) Law 2014 16 23 Amendment of Terrorist Asset-Freezing (Jersey) Law 2011 . 17 24 Amendment of Money Laundering and Weapons Development (Directions) (Jersey) Law 2012 17 25 Citation and commencement 18 United Nations Financial Sanctions (Jersey) Law 2017 A LAW to enable financial sanctions, required by United Nations Security Council resolutions, to be implemented in Jersey, and for related purposes. Adopted by the States 29th November 2016 Sanctioned by Order of Her Majesty in Council 15th February 2017 Registered by the Royal Court 24th February 2017 THE STATES , subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law – Part 1 Interpretation 1 Interpretation (1) In this Law, unless the context otherwise requires – “ designated person ” has the meaning given by Article 3; “ EU ” has the meanings given by the EU Implementation Law; “ EU Implementation Law ” means the European Union Legislation (Implementation) (Jersey) Law 2014 [1] ; “ EU provision ” has the meanings given by the EU Implementation Law; “ interim asset-freezing Order ” means an Order made under Article 4; “ final asset-freezing Order ” means an Order made under Article 6; “ Minister ” means the Minister for External Relations; “ person ” includes an organization, an unincorporated body, and any other association or combination of persons; “ Terrorist Asset-Freezing Law ” means the Terrorist Asset-Freezing (Jersey) Law 2011 [2] ; “ UN financial sanctions resolution ” has the meaning given by Article 2(1); “ UN-listed person ” has the meaning given by Article 2(2); “ UN sanctions resolution ” means a resolution adopted by the UN Security Council under Article 41 of the Charter of the United Nations; “ UN Security Council ” means the Security Council of the United Nations. (2) In this Law each of the following expressions has the same meaning as in the Terrorist Asset-Freezing Law – “directly or indirectly”; “economic resources”; “financial services”; “funds”; “owned, held or controlled”; “relevant institution”. 2 Meaning of “UN financial sanctions resolution” and “UN-listed person” (1) In this Law “UN financial sanctions resolution” means a UN sanctions resolution that requires states to impose a prohibition for one or more of the following purposes – (a) freezing funds or economic resources owned, held or controlled directly or indirectly by a person specified in – (i) the UN sanctions resolution itself, (ii) another UN sanctions resolution, or (iii) an instrument made by an organ of the United Nations for the purpose of the UN sanctions resolution; (b) preventing funds or economic resources being made available to, or for the benefit of a person so specified; (c) prohibiting access to financial markets or financial services by, or for the benefit of a person so specified. (2) In this Law “UN-listed person” means a person who, in relation to a UN financial sanctions resolution, is specified in a manner described in a sub-paragraph of paragraph (1) for a purpose falling within that sub-paragraph. (3) For the purposes of this Article it is irrelevant whether the UN sanctions resolution requires states to take other measures in addition to imposing a prohibition for a purpose mentioned in paragraph (1). 3 Meaning of “designated person” (1) In this Law “designated person” means a person falling within any one or more of the following descriptions – (a) a temporary UK-designated person, within the meaning of paragraph (2); (b) a temporary EU-designated person, within the meaning of paragraph (3); (c) a person who is a designated person by virtue of an interim asset-freezing Order, under Article 4(3); (d) a person who is a designated person by virtue of a final asset-freezing Order, under Article 6(6). (2) For the purpose of this Article a person is a “temporary UK-designated person” if – (a) the person is a UN-listed person; (b) an enactment of the United Kingdom implements, in the United Kingdom and in respect of that person, the UN financial sanctions resolution by virtue of which that person is a UN-listed person; (c) that enactment is made under a power that is conferred by a provision that is specified by the Minister by Order for the purpose of this paragraph; and (d) no more than 30 days have elapsed since the day on which the UN financial sanctions resolution was adopted by the UN Security Council. (3) For the purpose of this Article a person is a “temporary EU-designated person” if – (a) the person is a UN-listed person; (b) an EU provision (“the relevant EU provision”) implements, in the EU and in respect of that person, the UN financial sanctions resolution by virtue of which the person is a UN-listed person; (c) the relevant EU provision was adopted by the EU as described in Article 2(1)(b) of the EU Implementation Law; (d) no more than 30 days have elapsed since the day on which the UN financial sanctions resolution was adopted by the UN Security Council; and (e) no Order, made under Article 2(1)(b) of the EU Implementation Law, has come into force to implement, in Jersey, the relevant EU provision. (4) Despite paragraph (1), a person is not a designated person under this Law at any time at which that person is a designated person within the meaning of the Terrorist Asset-Freezing Law. (5) The Minister may by Order – (a) provide that a particular UN-listed person is not, despite any or all of paragraphs (1) to (3), a designated person for the purpose of this Law; or (b) provide that a corrected identity, description or history of a particular UN-listed person is to apply for the purpose of this Law, if satisfied that there is an inaccurate reference to Jersey, or to a matter relating to Jersey, in the identity, description or history of that person in – (i) the resolution or instrument by virtue of which that person is a UN-listed person, (ii) the enactment of the United Kingdom by virtue of which that person is a temporary UK-designated person, or (iii) the EU provision by virtue of which that person is a temporary EU-designated person. (6) An Order under paragraph (2)(c) may specify a provision by reference to that provision as amended from time to time. Part 2 Asset-freezing Orders 4 Interim asset-freezing Order to implement UN financial sanctions resolution (1) The Minister may by Order (an “interim asset-freezing Order”) specify a resolution, adopted by the UN Security Council, for the purpose of this Article if the Minister considers that all of the conditions in paragraph (2) are met. (2) The conditions are – (a) that the resolution appears to be a UN financial sanctions resolution, and accordingly that it appears that it does or will relate to one or more UN-listed persons; (b) that there is an urgent need to implement the resolution in respect of UN-listed persons to whom the resolution does or will relate; and (c) that it is proportionate to make the Order, for the purpose of temporarily imposing the requirements of Part 3 in relation to UN-listed persons to whom the resolution does or will relate, in order to avoid a risk that the resolution might not otherwise be implemented effectively in Jersey. (3) A person is a designated person by virtue of an interim asset-freezing Order at any time at which that person is a UN-listed person in relation to the resolution specified by the interim asset-freezing Order. (4) For the purpose of paragraph (3) it is irrelevant whether that person is a UN-listed person at the time of the making of the Order or becomes a UN-listed person after that time. 5 Interim asset-freezing Order: sunset provision (1) An interim asset-freezing Order must provide that (unless earlier revoked) it ceases to have effect on whichever is the soonest of – (a) the end of a period of 30 days after the day of the adoption by the UN Security Council of the UN sanctions resolution that is implemented by that Order (the “relevant UN resolution”); (b) the commencement of any Order under Article 2(1)(b) of the EU Implementation Law that gives effect to an EU provision that implements (in the EU) the relevant UN resolution; and (c) the date (if any) on which the relevant UN resolution ceases to have effect. (2) The Minister must not amend the sunset provision of an interim asset-freezing Order, being the provision that is made under paragraph (1), except – (a) on only one occasion, and only if that occasion falls before the day on which the Order otherwise ceases to have effect; (b) so as to substitute, for the period of 30 days mentioned in paragraph (1)(a), a period of a number of days, specified in the amending Order, being no more than 60 days; and (c) without limiting the operation of the provision made under paragraph (1)(b). 6 Final asset-freezing Order (1) The Minister may by Order (a “final asset-freezing Order”) specify a UN sanctions resolution for the purpose of this Article if the Minister considers that one of the conditions in paragraph (2) is met. (2) The conditions are that, in respect of the UN sanctions resolution, the Minister considers – (a) that the resolution requires all of the provisions of Part 3 to be applied in relation to the persons who are or will become UN-listed persons in relation to that resolution, or does so when regard is had to the power to grant licences under Article 13; or (b) that, although the condition in sub-paragraph (a) is not met, it is proportionate, in order to implement the resolution effectively in Jersey, to apply all of those provisions in relation to those persons until the date specified under paragraph (4). (3) In determining whether to make a final asset-freezing Order, the Minister must take account of whether the EU has implemented the resolution, and – (a) if the EU has implemented the resolution, of whether it would be more effective or more proportionate to implement the resolution by an Order under Article 2(1)(b) of the EU Implementation Law; or (b) if the EU has not implemented the resolution, of whether there is some reason to implement the resolution in Jersey despite any apparent reason for the EU not doing so. (4) A final asset-freezing Order must provide that, unless earlier revoked, it ceases to have effect on a date specified in the Order, being no later than 12 months after the Order was made or last amended. (5) A final asset-freezing Order must describe each person who is a UN-listed person in relation to the resolution specified under paragraph (1), but the Order – (a) may do so in any manner, including by referring to the resolution or other instrument in which the person is specified as a UN-listed person; and (b) may provide that a reference in the Order to such a resolution or instrument is to have effect as a reference to the resolution or instrument as amended from time to time, including in relation to persons who may become UN-listed persons after the commencement of the Order. (6) A person is a designated person by virtue of a final asset-freezing Order at any time at which that person is a UN-listed person described, under paragraph (5), in a final asset-freezing Order. Part 3 Asset-freezing and reporting 7 Freezing of funds and economic resources (1) A person (“P”) must not deal with funds or economic resources owned, held or controlled by a designated person if P knows, or has reasonable cause to suspect, that P is dealing with such funds or economic resources. (2) In paragraph (1) “deal with” means – (a) in relation to funds – (i) use, alter, move, allow access to, or transfer, the funds, (ii) deal with the funds in any other way that would result in any change in their volume, amount, location, ownership, possession, character or destination, or (iii) make any other change that would enable use of the funds, including by way of, or in the course of, portfolio management; or (b) in relation to economic resources, exchange, or use in exchange, for funds, goods or services. (3) A person who contravenes paragraph (1) commits an offence and is liable to imprisonment for a term of 7 years and to a fine. 8 Making funds or financial services available to designated person (1) A person (“P”) must not make funds or financial services available (directly or indirectly) to a designated person if P knows, or has reasonable cause to suspect, that P is making the funds or financial services so available. (2) A person who contravenes paragraph (1) commits an offence and is liable to imprisonment for a term of 7 years and to a fine. 9 Making funds or financial services available for benefit of designated person (1) A person (“P”) must not make funds or financial services available to any person for the benefit of a designated person if P knows, or has reasonable cause to suspect, that P is making the funds or financial services so available. (2) For the purposes of paragraph (1) – (a) funds are made available for the benefit of a designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit; and (b) “financial benefit” includes the discharge of a financial obligation for which the designated person is wholly or partly responsible. (3) A person who contravenes paragraph (1) commits an offence and is liable to imprisonment for a term of 7 years and to a fine. 10 Making economic resources available to designated person (1) A person (“P”) must not make economic resources available (directly or indirectly) to a designated person if P knows, or has reasonable cause to suspect – (a) that P is making the economic resources so available; and (b) that the designated person would be likely to exchange the economic resources, or use them in exchange, for funds, goods or services. (2) A person who contravenes paragraph (1) commits an offence and is liable to imprisonment for a term of 7 years and to a fine. 11 Making economic resources available for benefit of designated person (1) A person (“P”) must not make economic resources available to any person for the benefit of a designated person if P knows, or has reasonable cause to suspect, that P is making the economic resources so available. (2) For the purposes of paragraph (1) – (a) economic resources are made available for the benefit of a designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit; and (b) “financial benefit” includes the discharge of a financial obligation for which the designated person is wholly or partly responsible. (3) A person who contravenes paragraph (1) commits an offence and is liable to imprisonment for a term of 7 years and to a fine. 12 Exceptions (1) Articles 7(1), 8(1) and 9(1) are not contravened by a relevant institution crediting a frozen account with – (a) interest or other earnings due on the account; or (b) payments due under contracts, agreements or obligations that were concluded or arose before the account became a frozen account. (2) Articles 7(1) and 8(1) do not prevent a relevant institution from crediting a frozen account where it receives funds transferred to the account. (3) Article 9(1) is not contravened by the making of a payment that – (a) is a benefit under or by virtue of an enactment relating to social security (irrespective of the name or nature of the benefit); and (b) is made to a person who is not a designated person, whether or not the payment is made in respect of a designated person. (4) A relevant institution must, as soon as practicable but in any case within 14 days, inform the Minister if it credits a frozen account with a payment referred to in paragraph (1)(b) or in the circumstances referred to in paragraph (2). (5) A failure to comply with paragraph (4) does not constitute an offence but the Royal Court may, on the application of the Attorney General or the Minister, grant an injunction or other order in respect of compliance with paragraph (4). (6) In this Article “frozen account” means an account with a relevant institution, being an account held or controlled (directly or indirectly) by a designated person. 13 Licences (1) Articles 7(1), 8(1), 9(1), 10(1) and 11(1) do not apply to anything done under the authority of a licence granted by the Minister under this Article. (2) The Minister may grant a licence in respect of a designated person. (3) A licence granted under this Article – (a) must specify the acts authorized by it; (b) may be general or granted to a category of persons or to a particular person; (c) may be unconditional or subject to conditions; and (d) may be unlimited or limited in duration. (4) The Minister may at any time vary or revoke a licence granted under this Article. (5) On the grant, variation or revocation of a licence under this Article, the Minister must – (a) in the case of a licence granted to a particular person, give written notice of the grant, variation or revocation to that person; or (b) in the case of a general licence or a licence granted to a category of persons, take such steps as the Minister considers appropriate to publicize the grant, variation or revocation of the licence. (6) A person who, for the purpose of obtaining a licence under this Article, knowingly or recklessly – (a) provides information that is false in a material respect; or (b) provides or produces a document that is not what it purports to be, commits an offence and is liable to imprisonment for a term of 5 years and to a fine. (7) A person who purports to act under the authority of a licence granted under this Article but fails to comply with any condition to which the licence is subject commits an offence and is liable to imprisonment for a term of 5 years and to a fine. 14 Circumventing prohibitions etc. (1) A person must not intentionally participate in activities knowing that the object or effect of them is (whether directly or indirectly) – (a) to circumvent Article 7(1), 8(1), 9(1), 10(1) or 11(1); or (b) to enable or facilitate the contravention of any of those provisions. (2) A person who contravenes paragraph (1) commits an offence and is liable to imprisonment for a term of 7 years and to a fine. 15 Reporting obligations of relevant institutions (1) A relevant institution must inform the Minister as soon as practicable if – (a) it holds an account of a person, has entered into dealings or an agreement with a person or has been approached by or on behalf of a person; (b) it knows, or has reasonable cause to suspect, that the person – (i) is a designated person, or (ii) has committed an offence under this Part; and (c) the information or other matter on which the knowledge or reasonable cause for suspicion is based came to it in the course of carrying on its business. (2) The information given to the Minister under paragraph (1) must include – (a) the information or other matter on which the institution’s knowledge or reasonable cause for suspicion is based; (b) any information that the institution holds about the person by which the person can be identified; and (c) if the person is a customer or client of the institution, the nature and amount or quantity of any funds or economic resources held by the institution for the person at the time when – (i) the institution first had the knowledge or reasonable cause for suspicion, or (ii) this Article came into force, whichever time is the later. (3) A relevant institution that fails to comply with paragraph (1) commits an offence and is liable to imprisonment for a term of 12 months and to a fine of level 3 on the standard scale. Part 4 Miscellaneous and final 16 Information (1) Articles 22 and 23 of the Terrorist Asset-Freezing Law apply in relation to a designated person under this Law as they apply in relation to a designated person under that Law, and as if – (a) the references in those Articles to that Law were references to this Law; and (b) the references in those Articles to a licence granted under Article 19 of that Law were references to a licence granted under Article 13 of this Law. (2) A person commits an offence, and is liable to imprisonment for a term of 12 months and to a fine of level 3 on the standard scale, if the person, without reasonable excuse, refuses or fails within the time and in the manner specified (or, if no time has been specified, within a reasonable time) to comply with a requirement made under Article 22 or 23 of the Terrorist Asset-Freezing Law as applied by paragraph (1). (3) A person commits an offence, and is liable to imprisonment for a term of 2 years and to a fine, if the person – (a) knowingly or recklessly gives any information, or produces any document, that is false in a material particular in response to a requirement made under Article 22 or 23 of the Terrorist Asset-Freezing Law as applied by paragraph (1); (b) with intent to evade the provisions of Article 22 or 23 of the Terrorist Asset-Freezing Law as applied by paragraph (1), destroys, mutilates, defaces, conceals or removes a document; or (c) otherwise intentionally obstructs the Minister in the exercise of the Minister’s powers under Article 22 or 23 of the Terrorist Asset-Freezing Law as applied by paragraph (1). (4) A court that convicts a person of an offence under paragraph (2) or (3)(a) may make an order requiring the person, within such period as may be specified in the order, to comply with the relevant requirement in accordance with the order, or to do such other thing relating to the requirement as the court orders. (5) Articles 25, 26 and 27 of the Terrorist Asset-Freezing Law apply in relation to a designated person under this Law as they apply in relation to a designated person under that Law, and as if – (a) the references in those Articles to Part 4 of that Law were references to Article 15 of this Law and to this Article; (b) the reference in Article 25(1)(g) of that Law to relevant Security Council Resolutions was a reference to any UN financial sanctions resolution; (c) the reference in Article 25(1)(h)(i) of that Law to an offence included an offence under an enactment of the United Kingdom, being an enactment by virtue of which a person is a designated person under Article 3(1)(b); (d) the reference in Article 25(1)(h)(ii) of that Law to an offence under that Law included a reference to an offence under this Law; and (e) the reference in Article 27(5) of that Law to the Minister’s functions under Article 19 of that Law was a reference to the Minister’s functions under Article 13 of this Law. 17 Appeal and review (1) Article 28(2) to (4) of the Terrorist Asset-Freezing Law applies, in relation to a person designated by virtue of an interim or final asset-freezing Order, to a decision of the Minister – (a) to make or amend the interim or final asset-freezing Order; (b) to renew the final asset-freezing Order; or (c) to refuse to make an Order under Article 3(5)(a) to provide that the person is not a designated person for the purpose of this Law, as it applies, in relation to a person subject to a designation under the Terrorist Asset-Freezing Law, to a decision falling within Article 28(1) of that Law. (2) Article 29(2) to (4) of the Terrorist Asset-Freezing Law applies in relation to a decision of the Minister taken in the performance of, or in connection with, his or her functions under this Law, other than a decision falling within paragraph (1), as it applies in relation to a decision falling within Article 29(1) of that Law. (3) Paragraphs 2 to 5 of the Schedule to the Terrorist Asset-Freezing Law apply, with the substitution of references to the Minister for External Relations for references to the Chief Minister – (a) in relation to proceedings under paragraph (1) or (2) of this Article; and (b) to proceedings on an appeal relating to proceedings under paragraph (1) or (2) of this Article, as they apply in relation to proceedings falling within paragraph 1 of that Schedule. (4) Rules of court made under paragraph 2 of the Schedule to the Terrorist Asset-Freezing Law apply to proceedings falling within paragraph (3) – (a) with the substitution of references to the Minister for External Relations for references to the Chief Minister; and (b) to the extent that provision is not made otherwise by those rules of court. 18 Offences (1) Articles 33 and 36 of the Terrorist Asset-Freezing Law apply to an offence under this Law as they apply in relation to an offence under that Law. (2) In paragraphs (3) and (4) – “relevant offence” means an offence under this Law committed by a limited liability partnership, a separate limited partnership, an incorporated limited partnership or another body corporate; “relevant person” means – (a) if the relevant offence is committed by a limited liability partnership, a partner of the partnership; (b) if the relevant offence is committed by a separate limited partnership or an incorporated limited partnership – (i) a general partner, or (ii) a limited partner who is participating in the management of the partnership; (c) if the relevant offence is committed by a body corporate other than an incorporated limited partnership – (i) a director, manager, secretary or other similar officer of the body corporate, and (ii) if the affairs of the body corporate are managed by its members, a member who is acting in connection with the member’s functions of management; and (d) a person purporting to act in any capacity described in sub-paragraphs (a) to (c) in relation to the partnership or body that commits the relevant offence. (3) If a relevant offence is proved to have been committed with the consent or connivance of a relevant person, that relevant person is also guilty of the offence and liable in the same manner as the partnership or body corporate to the penalty provided for that offence. (4) If a relevant offence – (a) is an offence that may be committed by neglect; and (b) is proved to be attributable to any neglect on the part of a relevant person, that relevant person is also guilty of the offence and liable in the same manner as the partnership or body corporate to the penalty provided for that offence. 19 Delegation Article 38 of the Terrorist Asset-Freezing Law applies in relation to the functions of the Minister under this Law as it applies in relation to the functions of the Minister under that Law. 20 Power to make amendments by Regulations (1) The States may, by Regulations, amend any of Articles 1, 2, 3, 4, 6 (except Article 6(4)) and 18. (2) The States may, by Regulations, amend any enactment listed in paragraph (3) to make such provision as they consider necessary or expedient – (a) in consequence of the coming into force of this Law, or of an amendment made under paragraph (1); or (b) in relation to a reference (direct or indirect) in that other enactment to money laundering, to the freezing of assets, to the United Nations Act 1946 of the United Kingdom, to any an Order in Council (whether extending to Jersey or not) made under that Act, or to any of the other enactments listed in paragraph (3). (3) The enactments referred to in paragraph (2) are – (a) the Money Laundering and Weapons Development (Directions) (Jersey) Law 2012 [3] ; (b) the Proceeds of Crime (Jersey) Law 1999 [4] ; (c) the Police Procedures and Criminal Evidence (Jersey) Law 2003 [5] ; (d) the Regulation of Investigatory Powers (Jersey) Law 2005 [6] ; (e) the Community Provisions (Wire Transfers) (Jersey) Regulations 2007 [7] ; (f) the Proceeds of Crime (Supervisory Bodies) (Jersey) Law 2008 [8] ; (g) the Terrorist Asset-Freezing Law; (h) any enactment made under any of the enactments listed in sub-paragraphs (a) to (g); (i) the EU Implementation Law; (j) any Order made under Article 2(1)(b) of the EU Implementation Law; (k) any other enactment (not including this Law) that includes a reference to money laundering, to the freezing of assets, or to any of the enactments listed in sub-paragraphs (a) to (h) or (j). 21 Orders and Regulations An Order or Regulations under this Law may contain such transitional, consequential, incidental or supplementary provision as appears to the Minister or the States to be necessary or expedient for the purposes of the Order or Regulations respectively. 22 Amendment of European Union Legislation (Implementation) (Jersey) Law 2014 (1) For Article 2(6)(a) of the European Union Legislation (Implementation) (Jersey) Law 2014 [9] , there is substituted the following sub-paragraph – “(a) imposing a penalty of imprisonment – (i) for more than 7 years, for an offence of contravening a provision made under paragraph (1)(b), or (ii) for more than 2 years, for any other offence;”. (2) After Article 3 of that Law, there is inserted the following Article – “3A Interim application to UN designated person pending EU designation (1) In this Article – (a) the terms ‘person’, ‘UN financial sanctions resolution’ and ‘UN-listed person’ have the same meaning as in the United Nations Financial Sanctions (Jersey) Law 2017 [10] ; and (b) ‘asset-freezing measure’ means a prohibition imposed for a purpose falling within a sub-paragraph of Article 2(1) of that Law. (2) This Article applies to an Order under Article 2(1)(b) that gives effect to an EU provision that – (a) implements, in the EU, a UN financial sanctions resolution; and (b) lists the persons (‘EU-listed persons’), being UN-listed persons in relation to that resolution, in respect of whom an asset-freezing measure is to be applied in the EU. (3) The Order may include provision that, if, after the making of the Order, a person becomes a UN-listed person in relation to the UN resolution, that person is to be treated, for the purpose of the EU provision as implemented by the Order, as if that person were already listed by the EU provision as an EU-listed person. (4) A provision made under paragraph (3) must be expressed so as to cease to have effect in relation to each UN-listed person on whichever is the soonest of – (a) the end of a period of 30 days starting when that person becomes a UN-listed person; (b) the coming into force of an amendment to the EU provision, by virtue of which that person becomes an EU-listed person (under the EU provision as it has effect in the EU, rather than as it is implemented in Jersey by the Order); and (c) the date (if any) on which that person ceases to be a UN-listed person. (5) Nothing in this Article is to be read as preventing a provision described in paragraph (3) from being read as forming part of the Order by virtue of a general provisions Order under Article 4.”. 23 Amendment of Terrorist Asset-Freezing (Jersey) Law 2011 In the Terrorist Asset-Freezing (Jersey) Law 2011 [11] – (a) in Article 2 – (i) the existing opening text is re-numbered as paragraph (1) of that Article, (ii) at the start of paragraph (1)(d) there are inserted the words “subject to paragraph (2),”, (iii) for paragraph (1)(d)(i) there is substituted the following clause – “(i) listed on the ISIL (Da’esh) and Al-Qaida Sanctions List maintained and amended from time to time by the Committee established under resolutions 1267 (1999), 1989 (2011) and 2253 (2015) concerning ISIL (Da’esh), Al‑Qaida and associated individuals and entities,”, (iv) at the end of the Article there is added the following paragraph – “(2) Despite paragraph (1)(d), a designation by virtue of that sub-paragraph ceases to have effect if the natural or legal person, group or entity remains listed as mentioned in that sub-paragraph – (a) at the end of a period of 30 days after it was first so listed; or (b) at the time, if sooner, at which it becomes designated by virtue of any of paragraphs (1)(a), (b) and (c).”; (b) in Article 19(6) and (7) for the words “imprisonment for a term of 2 years and to a fine” there are substituted the words “imprisonment for a term of 5 years and to a fine”; (c) for Article 24(1) there are substituted the following paragraphs – “(1) A person commits an offence, and is liable to imprisonment for a term of 12 months and to a fine of level 3 on the standard scale, if the person, without reasonable excuse, refuses or fails within the time and in the manner specified (or, if no time has been specified, within a reasonable time) to comply with a requirement made under this Part. (1A) A person commits an offence, and is liable to imprisonment for a term of 2 years and to a fine, if the person – (a) knowingly or recklessly gives any information, or produces any document, that is false in a material particular in response to a requirement made under this Part; (b) with intent to evade the provisions of this Part, destroys, mutilates, defaces, conceals or removes a document; or (c) otherwise intentionally obstructs the Minister in the exercise of the Minister’s powers under this Part.”. 24 Amendment of Money Laundering and Weapons Development (Directions) (Jersey) Law 2012 In Article 14(7) of the Money Laundering and Weapons Development (Directions) (Jersey) Law 2012 [12] for the words “imprisonment for a term of two years and to a fine” there are substituted the words “imprisonment for a term of 7 years and to a fine”. 25 Citation and commencement This Law may be cited as the United Nations Financial Sanctions (Jersey) Law 2017 and comes into force on such day as the Minister may by Order appoint. dr. m. egan Greffier of the States [1] chapter 17.245 [2] chapter 17.861 [3] chapter 08.685 [4] chapter 08.780 [5] chapter 23.750 [6] chapter 08.830 [7] chapter 17.245.57 [8] chapter 08.785 [9] chapter 17.245 [10] L.3/2017 [11] chapter 17.861 [12] chapter 08.685