Overview
Jersey is a self-governing Crown dependency of the United Kingdom (UK), which implements sanctions imposed by both the UK and the United Nationals Security Council (UNSC). UK sanctions and UNSC sanctions are brought into Jersey domestic law by the relevant Regulations made under the Sanctions and Money Laundering Act 2018 (SAMLA) through the Sanctions and Asset-Freezing (Jersey) Law 2019 (Jersey SAFL), and the Sanctions and Asset-Freezing (Implementation of External Sanctions) (Jersey) Order 2021 (the Jersey Sanctions Order).
The Jersey SAFL is the principal sanctions legislation in Jersey. Alongside the Jersey Sanctions Order, it enables the swift implementation of UNSC and UK sanctions, adhering to international standards.
The Jersey Sanctions Order, established under SAFL, enacts both UNSC sanctions resolutions and UK sanctions regimes by implementing the relevant regulations made under SAMLA. Schedule 1 of the Jersey Sanctions Order lists the UK sanctions legislation that are in force in Jersey.
New asset-freeze designations from the UNSC and the UK take effect immediately in Jersey. When there is a modification to the asset-freeze designations applicable in Jersey, the Ministry for External Relations of Jersey will issue a Financial Sanctions Notice and publish the same on the Jersey Gazette.
National Competent Authorities
The Minister for External Relations – is the Competent Authority for Jersey, responsible for overall sanctions policy. The Minister is assisted by the Jersey Financial Sanctions Unit to carry out his duties.
The Financial Sanctions Implementation Unit (FSIU) – coordinates the introduction of sanctions measures, processes sanctions compliance reports and sanctions licence applications and publishes financial sanctions notices and guidance.
The Jersey Financial Services Commission – has an overall regulatory role with regard to the finance industry generally, which includes checking that institutions have effective systems and procedures to implement compliance with sanctions, and publishes its own guidance.
The Joint Financial Crimes Unit – responsible for receiving Suspicious Activity Reports, collecting intelligence on financial crime, including sanctions, and investigating potential breaches of sanctions legislation.
The Economic Crime and Confiscation Unit – responsible for leading criminal investigations into potential breaches of sanctions legislation.
The States of Jersey Customs and Immigration Service – responsible for the enforcement of any sanctions that concern the movement of goods or persons.
Legislation
Sanctions and Asset-Freezing (Jersey) Law 2019
Sanctions and Asset-Freezing (Implementation of External Sanctions) (Jersey) Order 2021
Sanctions Lists
Jersey does not operate an independent sanctions list from the UK. The UK sanctions list is on the UK page of this site and an explanation of how UK designations take effect in Jersey is available here.
Guidance
Jersey Gazette – asset freeze designations notices
Guidance how to request review if designated under SAFL
Sanctions review request form – designated person
Sanctions and asset-freezing law
Jersey Financial Services Commission – Sanctions Guidance
Jersey Financial Services Commission – About sanctions
Jersey Financial Services Commission – Practical Guidance
Jersey Financial Services Commission – sanctions by country and category
Sanctions obligations and sanctions evasion techniques — Jersey Financial Services Commission
Targeted financial sanctions related to terrorism and terrorist financing (TFS-TF)
Appendix D2 – Countries and territories identified as presenting higher risks
Professional and business-related services: Exemption Guidance
Finance industry and Russian sanctions
Russian sanctions: can you sanction Crypto?
Recording of Russian sanctions regime webinar
Sanctions regime against Belarus
Reporting obligations are set out in Article 32 of Sanctions and Asset-Freezing (Jersey) Law 2019 and must be submitted using the sanctions compliance reporting form to sanctions@gov.je.
Licensing
The Minister for External Relations is responsible for handling sanctions licence applications.
A licence is defined as “a written permission from the Minister for External Relations (the “Minister”) allowing an act that would otherwise breach prohibitions imposed by financial sanctions” under the Jersey Financial Sanctions and Implementation Unit Guide.
A licence will only normally be granted by the Minister for External Relations if there is scope in the relevant UK Sanctions Regulations (e.g. Russia (Sanctions) (EU Exit) Regulations 2019) implemented in Jersey under the Jersey Sanctions Order.
Licensing grounds, which are set out in the sanctions licence application form, include the following:
- basic expenses of the designated person or his or her dependent family members
- reasonable professional fees and expenses associated with the provision of legal services
- fees or service charges for the maintenance of frozen funds or economic resources
- extraordinary expenses
- obligations due under a contract or agreement entered into, or an obligation which arose prior to the designation of the person or entity in question (N.B. only available for the release of frozen funds, this ground is not available to make funds or economic resources available to a designated person)
- obligations arising in connection with certain judicial, administrative or arbitral liens, decisions or judgments (N.B. only available for the release of frozen funds, this ground is not available to make funds or economic resources available to a designated person)
Other grounds may be available if the applicant specifies the ground with reference to relevant legislation. All licence applications must be submitted using the sanctions licence application form to:
Financial Sanctions Implementation Unit
Ministry of External Relations
19-21 Broad Street
St Helier
Jersey
JE2 3RR
Email: sanctions@gov.je
All UK General Licences issued under the Russia and Belarus sanctions regimes only, apply automatically in Jersey and may be relied upon by Jersey-based individuals and entities. All reporting requirements of a UK General Licence are applicable in Jersey and reports must be filed to the Minister for External Relations.
Note, however, that UK General Licences issued under all other regimes do not apply to Jersey-based individuals and entities, though they may be considered as basis for a licence application.
Financial Sanctions Implementation Unit Sanctions Licences and Exemptions Guidance
Sanctions forms for licences and suspected breach notifications
Reporting
Article 32 of the Sanctions and Asset-Freezing (Jersey) Law 2019 (SAFL) sets out reporting obligations that apply across all sanctions regimes in force in Jersey.
Under these obligations, a relevant “financial institution” must notify the Minister if it:
- holds an account for a person, has entered into transactions or agreements with a person, or has been approached by or on behalf of a person;
- knows or has reasonable grounds to suspect that the person:
- is a designated person; or
- has committed, is committing, or intends to commit an offence; and
- acquired the relevant knowledge or suspicion in the course of conducting its business.
Reporting shall be made by completing the Sanctions Compliance Reporting Form and filed to sanctions@gov.je.
These obligations are separate from, and in addition to, the duty to report suspicious activity to the Financial Intelligence Unit (FIU).
The meaning of a relevant financial institution is set out in Article 1 of SAFL. This definition includes:
- a person (whether or not an individual) who carries on financial services business (as defined in Schedule 2 of the Proceeds of Crime (Jersey) Law 1999), including Financial Institutions, designated non-financial businesses and professions and virtual assets service providers, in or from within Jersey; or
- a person (not being an individual) that is incorporated or constituted under the law of Jersey and carries on such financial services business in any part of the world.
Reporting obligations under the Russia and Belarus Sanctions Regimes
Immobilised assets reporting requirements (Russia Regime)
- Relevant Financial Institutions are required to inform the Minister as soon as practicable, if it knows, or has reasonable cause to suspect, that it holds any funds or economic resources for:
- The Central Bank of the Russian Federation,
- The National Wealth Fund of the Russian Federation,
- The Ministry of Finance of the Russian Federation,
- a person owned or controlled directly or indirectly by these entities, or
- a person acting on behalf of or at the direction of these entities, and
- the information or other matter on which the knowledge or cause for suspicion is based came to it in the course of carrying on its business.
- Comply with the reporting obligations by completing the Immobilised Assets Reporting Form and provide any supporting documents to sanctions@gov.je.
Designated person reporting requirements (Russia and Belarus Regimes)
- Persons designated under the UK Russia and Belarus sanctions regimes to proactively provide the Minister for External Relations with details of their Jersey assets, which they own, hold or control (or their worldwide assets if they are Jersey Persons).
- Designated persons must report any funds or economic resource if the value of those funds or economic resources exceeds the value of £10,000. If multiple funds or economic resources of the same type (for example, jewellery, art, bank accounts), taken together exceed £10,000, this must also be reported.
- Reporting shall be conducted by filing the complete forms set out below (as appropriate), together with supporting documents, to sanctions@gov.je, as follows:
Jersey – Sanctions, Reporting obligations
Sanctions forms for licences and suspected breach notifications
De-listing
Article 25 of SAFL enables a person designated under Article 20 or Article 22 (DP) to request that their designation be varied or revoked. To initiate this process, the DP must complete a Sanctions Review Request Form and submit supporting evidence. Provided the submitted documents comply with the relevant guidance, the Minister will issue a decision within 28 days of receiving all necessary information.
If the DP is dissatisfied with the Minister’s decision, they have the right to appeal to the Royal Court of Jersey. Part 7 of SAFL outlines the process for appealing both interim and final designations.
Guidance how to request review if designated under SAFL
Sanctions review request form – designated person
Article 43A requests for assistance with a UN de-listing
MoU between FCDO and FSIU: Listing and De-listing from UN and UK Sanctions Measures
Judgments
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OWH SE i.L. v RT Ltd
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XY and A Limited v Chief Officer of the States of the States of Jersey Police
