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ISIL (DA'ESH) AND AL-QAIDA NETWORK

Please be advised that the United Nations Security Council has amended four of the entries on the list of individuals and entities associated with ISIL (Da'esh) and Al-Qaida maintained under United Nations Security Council Resolution 1267. All entities on the list are subject to restrictive measures which include targeted financial sanctions.

Further details are available here: https://www.un.org/press/en/2018/sc13330.doc.htm

These amendments are expected to be added made to the list maintained by the European Union under (Council Regulation (EC) No 881/2002 or 753/2011 as the case may be). Once the amendments to the EU list are made, they will be 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.

In the meantime, businesses are advised to refrain from making assets of any kind directly or indirectly available to the listed persons and entities, as this would be likely to constitute a terrorist financing offence under sections 8 to 11 of the Terrorism and Crime (Bailiwick of Guernsey) Law, 2002. Requests to do so may also give rise to knowledge, suspicion or reasonable grounds for knowledge or suspicion that another person is engaged in terrorist financing, in which case a disclosure should be made to the Financial Intelligence Service in the form and manner prescribed by the Terrorism and Crime (Bailiwick of Guernsey) Regulations, 2007, as amended.

 

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 referred to above and must treat any funds, other assets or economic resources

  • directly or indirectly belonging to, owned, held or controlled by them, whether wholly or jointly, or

  • derived from any funds or economic resources directly or indirectly belonging to, owned, held or controlled by them, whether wholly or jointly, or

  • belonging to individuals or entities acting on their behalf or at their direction, whether wholly or jointly

as frozen with immediate effect if this is not already the case. Businesses must report any findings to the Policy and Resources Committee immediately.

 

Businesses must also refrain from making any funds or economic resources available directly or indirectly, wholly or jointly, to or for the benefit of

  • any designated person, entity or body

  • any entity directly or indirectly owned or controlled by a designated person, entity or body, whether wholly or jointly

  • any individuals or entities acting on behalf or at the direction of a designated person, entity or body, whether wholly or jointly

other than in respect of transactions that come within a permitted derogation as determined by the Policy and Resources Committee.

 

The information referred to above is required by the Policy and Resources Committee 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 https://synergy.gov.gg/sanctions