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ISIL (DA'ESH) AND AL-QAIDA NETWORK

Amendments have been made to the Al-Qaida sanctions regime under Council Regulation (EC) No 881/2002 by Commission Implementing Regulation (EU) No 2016/363. These changes are automatically effective in the Bailiwick under the Al-Qaida (Restrictive Measures) (Guernsey) Ordinance, 2013, the Al-Qaida (Restrictive Measures) (Alderney) Ordinance, 2013 and the Al-Qaida (Restrictive Measures) (Sark) Ordinance, 2013.

The Implementing Regulation is available here: http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0363&from=EN

The amendments formally change the title of the regime to make reference to Isil (Da'esh) and clarify the scope of the prohibitions. It is now explicitly stated that the prohibitions apply to funds and economic resources controlled, either directly or indirectly, by listed persons or third parties acting on their behalf or at their direction. It is also now explicitly stated that the prohibitions apply to any such funds or economic resources used for the provision of Internet hosting and related services used for the support of ISIL (Da'esh), Al-Qaida and related listed persons; the payment of ransoms to them, regardless of how or by whom the ransom is paid; the provision of funds and economic resources in connection with the travel of listed persons, including costs incurred with respect to their transportation and lodging; and funds and economic resources related to the direct or indirect trade in oil and refined oil products, modular refineries and related material including chemicals and lubricants, as well as other natural resources.

 

MEASURES WHICH SHOULD BE TAKEN

All businesses must check whether they maintain any accounts or otherwise have any kind of relationship with any natural or legal person, entity or body designated under the legislation and treat any accounts, funds or economic resources belonging to, owned, held or controlled by a designated person, entity or body ( whether directly or by a third party acting on behalf of or at the direction of a designated person, entity or body)  as frozen with immediate effect if this is not already the case. Businesses must report any findings to the Policy Council immediately. Businesses must also refrain from making any funds or economic resources available directly or indirectly to or for the benefit of any designated person, entity or body, whether in the respects outlined above or otherwise, unless this is in connection with a transaction that comes within a permitted derogation as determined by the Policy Council.

The information referred to above is required by the Policy Council in the exercise of its powers under the Schedule to each of the Ordinances listed above.

Any information or queries should be sent to sanctions@gov.gg with the subject line "ISIL/Al-Qaida".

Further information on the effect of asset freezes and related issues including licences is available on the States of Guernsey website at http://gov.gg/sanctions