Jersey Restrictive measures against UK Human Rights Designations
You may be aware that the UK has introduced its Global Human Rights Sanctions Regulations 2020. https://www.theguardian.com/law/2020/jul/06/magnitsky-sanctions-who-are-those-being-targeted-by-uk
Consequently, any designations made by the UK are active immediately in Jersey due to the Sanctions and Asset-Freezing (UK Human Rights Designations) (Jersey) Order 2020.
Therefore the 49 UK sanctioned entries have been designated and are now subject to an asset freeze in Jersey.
The 49 includes:-
- x25 Russian nationals involved in the mistreatment and death of auditor Sergei Magnitsky, who uncovered widespread Russian corruption by a group of Russian tax and police officials
- x20 Saudi nationals involved in the death of journalist Jamal Khashoggi
- x2 high-ranking Myanmar military generals involved in the systematic and brutal violence against the Rohingya people and other ethnic minorities
- x2 organisations involved in the forced labour, torture and murder that takes place in North Korea’s gulags
Read more here -
Jersey Restrictive measures against UK Human Rights Designations Issued:07 July 2020
Overview of current sanctions measures
Jersey adopts the UK Global Human Rights sanctions regime; this regime is aimed at deterring and providing accountability for serious violations of an individual’s human rights:
- right to life
- right not to be subjected to torture or cruel, inhuman or degrading treatment or punishment
- right to be free from slavery, not to be held in servitude or required to perform forced or compulsory labour.
Current financial sanction measures against persons designated by the UK on human rights grounds include:
- freezing of funds and economic resources
The Sanctions and Asset-Freezing (UK Human Rights Designations) (Jersey) Order 2020 comes into force, linking to the Global Human Rights Sanctions Regulations 2020 of the UK.
Consequently, any designations made by the UK under these Regulations are effective immediately in Jersey - 49 entries have been designated and are now subject to an asset freeze.
In Jersey, the Minister for External Relations, in pursuance of Article 3 of the Sanctions and Asset-Freezing (Jersey) Law 2019 (the SAFL) and having regard to the Global Human Rights Sanctions Regulations 2020 of the UK (the UK Regulations), made the Sanctions and Asset-Freezing (UK Human Rights Designations) (Jersey) Order 2020 (the Jersey Human Rights Order), in force from 7 July 2020.
The Jersey Human Rights Order imposes the asset-freeze provisions in Part 3 of the SAFL, by designating any person listed under regulation 5 of the UK Regulations for the purposes of regulations 11 to 15 of those Regulations.
Additionally, the UK Human Rights Order makes reference to the “relevant acts” of the UK Regulations, to be considered when the Minister deciding whether to grant, vary or revoke a licence under Article 16 of the SAFL.
The reference to offences listed under Parts 6 and 8 of the SAFL, equally applies to the Jersey Human Rights Order.
Legal acts - United Kingdom
- Global Human Rights Sanctions Regulations 2020 - https://www.legislation.gov.uk/uksi/2020/680/contents/made
Copies of recent sanctions notices, UK legislation and relevant guidance can be found on Gov.UK website Financial Sanctions, Global Human Rights. https://www.gov.uk/government/publications/financial-sanctions-global-human-rights
Jersey - Legislation on Jersey Legal Information Board website. https://www.jerseylaw.je/laws/revised/Pages/search.aspx?k=chapter:17*
- Sanctions and Asset-Freezing (UK Human Rights Designations) (Jersey) Order 2020
- Sanctions and Asset-Freezing (Jersey) Law 2019