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BERMUDA

INTERNATIONAL SANCTIONS (DELEGATION OF GOVERNOR’S FUNCTIONS) NOTICE 2018

BR 104 / 2018

His Excellency the Governor, in exercise of the powers conferred by article 4 of the Terrorist Asset-Freezing etc. Act 2010 (Overseas Territories) Order 2011, the relevant provisions of the Orders in Council listed in Schedule 1 to the International Sanctions Regulations 2013 and section 62(2) of the Constitution of Bermuda, and having by directions in writing, with the prior approval of the Secretary of State, delegated certain of his functions under those Orders to the Attorney-General and Minister of Legal Affairs, issues the following Notice:

Citation

1 This Notice may be cited as the International Sanctions (Delegation of Governor’s Functions) Notice 2018.

2. Delegation of functions to Minister

(1) Subject to the conditions set out subparagraph (2), the following functions of the Governor under the Terrorist Asset-Freezing etc. Act 2010 (Overseas Territories) Order

2011 and the Orders in Council listed in Schedule 1 to the International Sanctions Regulations 2013 are delegated to the Attorney-General and Minister of Legal Affairs—

(a) taking appropriate steps to cooperate with any international investigation relating to the funds, economic resources or financial transactions of a designated person, a person controlled by a designated person, or a person acting on behalf of, or at the direction of, a designated person;

(b) with the consent of the Secretary of State, granting, varying and revoking a licence authorising an activity that would otherwise be prohibited;

(c) receiving information which a relevant institution is required to provide if it knows or suspects that a customer is a designated person, or has

INTERNATIONAL SANCTIONS (DELEGATION OF GOVERNOR’S FUNCTIONS) NOTICE 2018

committed an offence under the relevant provisions of the Terrorist Asset- Freezing etc. Act 2010 (Overseas Territories) Order 2011 or the Orders listed in Schedule 1 to the International Sanctions Regulations 2013, or if it credits a frozen account;

(d) authorising the exercise of powers in respect of customs powers and investigations or in respect of evidence and information as specified in the Orders listed in Schedule 1 to the International Sanctions Regulations 2013; and

(e) specifying by regulations in the currency of the Territory the amounts which are to be taken as equivalent to sums expressed in sterling in the relevant Order listed in Schedule 1 to the International Sanctions Regulations 2013.

(2) In exercising the delegated functions set out in subparagraph (1), the Attorney General and Minister for Legal Affairs shall—

(a) comply with any restrictions or conditions on the exercise of the functions as set out in the Terrorist Asset-Freezing, etc. Act 2010 (Overseas Territories) Order 2011 or the Orders listed in Schedule 1 to the International Sanctions Regulations 2013; and

(b) act in accordance with the Governor’s directions.

Made this 21st day of September 2018

Governor

[Operative Date: 25 September 2018]