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Paragraph 1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In article 2, which shall become paragraph (1) of that article—

(a)

before the definition of “Attorney General”, insert—

  • ““the 2003 resolution” means resolution 1483 (2003) adopted by the Security Council of the United Nations on 22nd May 2003;”;

(b)

after the definition of “Attorney General” insert—

  • ““designated funds” means funds to which a direction under article 4(1) applies;

  • “designated person” means a person whose funds (including those held for him or on his behalf) are subject to a direction given by the relevant enforcement authority under article 4(1);

  • “Development Fund for Iraq” means the Development Fund for Iraq referred to in paragraph 12 of the 2003 resolution”;

(c)

after the definition of “funds”, insert—

  • ““immediate family member” means a parent, son, daughter, spouse or sibling of the whole or half blood”;

(d)

in the definition of “relevant enforcement authority”, after the reference to “article 4” insert “or 5A”, and for the words “Finance and Economics Committee” (at both places) substitute “Policy and Resources Committee”;

(e)

in the definition of “relevant institution”, for the words “Article 1(1) of the Banking Business (Jersey) Law 1991, as amended” substitute “Article 36(1) and the Second Schedule to the Proceeds of Crime (Jersey) Law 1999”;

(f)

after the definition of “relevant institution”, insert—

  • ““Sanctions Committee” means the committee referred to in paragraph 19 of the 2003 resolution;

  • “senior official” means any individual who, immediately before 20th March 2003—

    1. (a)

      was a member of the Iraqi Ba'ath Party of a rank equivalent to any person identified as mentioned in article 4(1)(a) by the Sanctions Committee; or

    2. (b)

      was entitled to exercise powers or functions equivalent to those of a person mentioned in paragraph (a); or

    3. (c)

      exercised such powers or functions for the purposes of the government of the Republic of Iraq.”.

(2)

After article 2(2), add—

“(3)

For the purposes of this Order, a body (“B”) is controlled by a person or government (“P”) if—

(a)

P, by virtue of his or its voting power in B or otherwise, is entitled to exercise determining influence over the management of B; or

(b)

B carries on activities predominantly for the purposes of P, or subject to P’s direction or approval.”.