Obligations of Persons and Entities
(including financial institutions, and designated non-financial businesses and professions such as legal practitioners, real estate agents and accountants)
The United Nations Security Council (UNSC) has imposed financial sanctions on persons and entities who have been identified by the UNSC (or relevant UN Committees) as contributing to a particular threat to, or breach of, international peace and security. These measures are referred to as “targeted financial sanctions” as they are financial sanctions aimed at designated persons or entities as opposed to a country.
As a member of the United Nations, Fiji is committed to implementing the UNSC Resolutions on targeted financial sanctions related to terrorism and proliferation financing.
The Financial Action Task Force (FATF) recommends that countries implement targeted financial sanctions without delay to comply with United Nations Security Council resolutions.
Fiji has given effect to the UNSC Resolutions on targeted financial sanctions related to terrorism and proliferation financing through Part 3B of the Public Order Act.
These provisions apply to all persons and entities including financial institutions in Fiji. Under the Public Order Act, financial institutions in Fiji (including legal practitioners, accountants and real estate agents) are required to, without delay:
- immediately freeze and restrict access to any property, funds and accounts owned or controlled, directly or indirectly, by a sanctioned person or entity;
- prohibit the provision of any transaction related to property or funds owned or controlled, directly or indirectly, by a sanctioned person or entity;
- prohibit the provision of any property or any financial service, directly or indirectly, for the benefit of a sanctioned person or entity.
Financial institutions and DNFBPs must screen customers, beneficial owners, transactions and relevant parties against applicable UN and local designations, and must freeze without delay where there is a confirmed match.
Financial institutions and DNFBPs must report confirmed matches, frozen property, and attempted transactions involving a sanctioned person or entity to the Fiji Police Force through the FIU.
UNSC List
The UNSC Consolidated Sanctions List contains persons and entities designated by the UNSC under a range of sanctions regimes. For the purposes of Fiji’s targeted financial sanctions obligations under Part 3B of the Public Order Act 1969, the relevant UN specified entities are those listed pursuant to UNSCRs 1267, 1988, 1540, 1718, 1737, 1989, 2253 and successor resolutions. These include the ISIL (Da’esh) and Al-Qaida, Taliban, DPRK and Iran sanctions lists. The relevant lists can be accessed through the
Fiji Financial Intelligence Unit - UNSC - List of Designated Individuals and Entities webpage.
Local List
Under the Public Order Act, Fiji may also through the Courts, designate persons or entities who are linked to terrorism and proliferation financing for targeted financial sanctions. This is referred to as the
Local List. There are currently no local designation of persons or entities for targeted financial sanctions. More information can be accessed here:
Fiji Financial Intelligence Unit - Fiji Sanctions - Local List
De-listing/Unfreezing
Persons or entities seeking de-listing from a UN sanctions list should use the relevant UN de-listing mechanism.
- For ISIL/Da’esh and Al-Qaida listings, this is the UN Office of the Ombudsperson.
- For Taliban, DPRK and Iran listings, de-listing requests are made through the UN Focal Point for De-listing or the relevant UN Sanctions Committee process.
Where a person or entity is specified in Fiji because of a UN listing, the Fiji specification ceases once the person or entity is de-listed by the UNSC or relevant UN Sanctions Committee, consistent with the Public Order Act.
If a person or entity is declared a specified entity in Fiji through a local designation under section 12P of the Public Order Act, the person or entity may apply to the court for revocation under section 12R. If the court revokes the declaration, the Minister must, where practicable, inform the entity in writing and publish a notice of revocation in the Gazette. Any consequential unfreezing would follow the revocation of the local designation.