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L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Proceeds of Crime (Amendment of No. 6 of Law - Commencement) (Jersey) Order 2022 & Proceeds of Crime (Supervisory Bodies) (Transitional Provisions) (Jersey) Order 2022

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 31 January 2023:

Decision Reference:  MD-ER-2023-11

Public

Subject: Draft Proceeds of Crime (Amendment No. 6 of Law - Commencement) (Jersey) Order 202 - Draft Proceeds of Crime (Supervisory Bodies) (Transitional Provisions) (Jersey) Order 202

 

Report Title: Draft Proceeds of Crime (Amendment No. 6 of Law - Commencement) (Jersey) Order 202- and the Draft Proceeds of Crime (Supervisory Bodies) (Transitional Provisions) (Jersey) Order 202-

Public

Decision(s):

The Minister decided to make the Draft Proceeds of Crime (Amendment No. 6 of Law - Commencement) (Jersey) Order 202- and the Draft Proceeds of Crime (Supervisory Bodies) (Transitional Provisions) (Jersey) Order 202-  The Amendment, the Regulations and the respective Orders are required as part of Jersey’s preparation for the upcoming MONEYVAL assessment, addressing a finding from the previous MONEYVAL assessment with regards to Anti Money Laundering (AML) and Combating the Financing of Terrorism (CFT) Scope Exemptions.

Reason for Decision(s):

The Proceeds of Crime (Consequential and Miscellaneous) (Jersey) Regulations 2023 (the Regulations) were adopted by the States Assembly on 18 January 2023. The Assembly made the Regulations under the Proceeds of Crime (Amendment No. 6) (Jersey) Law 2022 (the Amendment) which was adopted by the States Assembly in March 2022, but which is not yet in force. Therefore, the Minister makes the Draft Proceeds of Crime (Amendment No. 6 of Law - Commencement) (Jersey) Order 202- to bring the Amendment into force.  The Regulations require the implementation of a transitional period, therefore, the Minister makes the Draft Proceeds of Crime (Supervisory Bodies) (Transitional Provisions) (Jersey) Order 202-.

Resource Implications: There are no new financial and/or manpower implications.

 

Action Required: Department to take necessary action

Signature:

 

 

Signed By: Minister for External Relations and Financial Services

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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