The Terrorist Asset-Freezing etc. Act 2010 (Guernsey) Order 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This Order extends Part 1 of the Terrorist Asset-Freezing etc. Act 2010 (c.38) (“Part 1”) to the Bailiwick of Guernsey (“Guernsey”), in order to give effect there to resolution 1373 (2001) adopted by the Security Council of the United Nations on 28th September 2001 (“resolution 1373”) relating to terrorism and resolution 1452 (2002) adopted on 20th December 2002 (“resolution 1452”) relating to humanitarian exemptions. The extension of the Act also provides for implementation within Guernsey of Regulation (EC) 2580/2001 of specific measures directed at certain persons and entities with a view to combating terrorism (“the EC Regulation”).

The Order will enable the financial restrictions contained in Part 1 in respect of persons designated by HM Treasury or listed under the EC Regulation to be directly effective in Guernsey. It also imposes reporting obligations on financial services businesses in Guernsey. Under the Order the Guernsey authorities will exercise the powers in Part 1 that concern requests for information including the production of documents, and the licensing of access to frozen funds for humanitarian purposes. Although not required under the Order, the Guernsey authorities will also be responsible for publicising within Guernsey designations made by HM Treasury under Part 1.

The Order will cease to have effect once Guernsey has enacted its own legislation to implement resolution 1373, resolution 1452 and the EC Regulation.