Asset Sharing Agreement between Government of Jersey and Republic of Kenya

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A decision made on 7 December 2018

Decision Reference: MD-TR-2018-0143
Decision Summary Title:	Authorisation to sign an Asset Sharing Arrangement on behalf of the Government of Jersey with the Government of the Republic of Kenya		Date of Decision Summary:	6th December 2018
Decision Summary Author:	Head of Decision Support		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	N/A		Person Giving Oral Report:	N/A
Written Report Title:	N/A		Date of Written Report:	N/A
Written Report Author:	N/A		Written Report : Public or Exempt?	N/A
Subject: Authorisation to sign an Asset Sharing Arrangement on behalf of the Government of Jersey with the Government of the Republic of Kenya.
Decision(s): The Minister for Treasury and Resources agreed to the execution of the Asset Sharing Arrangement, noting that the Attorney General has been consulted, and authorised the Minister for External Relations, to the extent necessary, to enter into that Agreement on behalf of the Government of Jersey.
Reason(s) for Decision: On the 20th June 2018, the Council of Ministers approved officers from the Ministry of External Relations to take the necessary action to engage with the Government of Kenya on an Asset Sharing Agreement, as part of a multilateral framework to return confiscated assets derived from crime and corruption, to Kenya. The Minister for External Relations will be making an official visit to Nairobi, 10th – 11th December, where he will seek to sign a number of agreements. One such agreement is an Asset Sharing Arrangement between the Government of Jersey and the Government of the Republic of Kenya. The arrangement follows on from the Preliminary Asset Sharing Agreement that was signed with the Government of Kenya in 2017 and seeks to return £3 million in confiscated funds to the people of Kenya. The previous Minister for Treasury and Resources gave his consent for the entering in to this Asset Sharing Arrangement with the Government of the Republic of Kenya. That was a different Minister and the consent was an oral one. Advice from the Attorney General has indicated that in order for the Minister for External Relations to be able to sign this Agreement, he will require a mandate from the Minister for Treasury and Resources to do so, Pursuant to Article 24 of the Proceeds of Crime (Jersey) Law 1999. It is therefore appropriate for the Minister for Treasury and Resources to provide consent authorising the Minister for External Relations to enter into that Agreement on behalf of the Government of Jersey.
Resource Implications: There are no financial or manpower implications as a direct result of this decision.
Action required: Head of Decision Support to notify the Minister for External Relations that authorisation to sign the proposed Asset Sharing Arrangement on behalf of the Government of Jersey with the Government of the Republic of Kenya has been approved, and to proceed to signing.
Signature:		Position: Deputy Susie Pinel Minister for Treasury and Resources
Date Signed:		Date of Decision: