Obligations of Persons and Entities (including financial institutions, 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:
- 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.
The list of persons and entities designated by the UNSC for targeted financial sanctions is referred to as the
UNSC Consolidated List and can be accessed here:
United Nations Security Council Consolidated List | Security Council
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.
A financial institution must also report to the Fiji Police Force, through the Financial Intelligence Unit, any property or assets in their possession or control that they have reason to believe is owned or controlled by or on behalf of a sanctioned person or entity.