Taxation (Implementation) (International Tax Compliance) (Country-by-Country Reporting: BEPS) (Jersey) Regulations 201-: Lodging

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 18 October 2016:

MINISTERIAL DECISION REFERENCE: MD-ER-2016-0037
DECISION SUMMARY TITLE: Draft Taxation (Implementation) (International Tax Compliance) (Country-by-Country Reporting: BEPS) (Jersey) Regulations 201-
DECISION SUMMARY AUTHOR:	External Relations	IS THE DECISION SUMMARY PUBLIC OR EXEMPT?		Public
REPORT TITLE: Draft Taxation (Implementation) (International Tax Compliance) (Country-by-Country Reporting: BEPS) (Jersey) Regulations 201-
REPORT AUTHOR OR NAME OF PERSON GIVING REPORT:	Adviser – International	IS THE REPORT PUBLIC OR EXEMPT?		Public
DECISION AND REASON FOR THE DECISION: The Minister for External Relations approved for lodging au Greffe the draft Taxation (Implementation) (International Tax Compliance) (Country-by-Country Reporting: BEPS) (Jersey) Regulations 201-. The draft Regulations give effect to Jersey’s obligations under the Multilateral Competent Authority Agreement on the Exchange of Country-by-Country Reports, which Jersey is expected to sign on 21 October 2016 (“the Agreement”). The purpose of the Agreement is to set out requirements for filing and exchange of information for tax purposes to enable implementation of the “Transfer Pricing Documentation and Country-be-Country Reporting – Action 13: 2015 Final Report” published by the Organisation for Economic Co-operation and Development (OECD) as part of the OECD/G20 Base Erosion and Profit Shifting (BEPS) project. Implementation of Country-by-Country reporting is one of the four minimum standards expected of jurisdictions as a result of the BEPS work.
RESOURCE IMPLICATIONS: If approved by the States, implementation of the Regulations would cost approximately £100,000. A funding mechanism is currently being identified.
ACTION REQUIRED: The Greffier of the States to be requested to arrange for the draft Regulations to be lodged “au Greffe” and scheduled for debate as early as possibly, if possible during the sitting of the States scheduled to commence on 29 November 2016.
SIGNATURE: SENATOR SIR PHILIP BAILHACHE			POSITION: MINISTER FOR EXTERNAL RELATIONS

DATE SIGNED			EFFECTIVE DATE OF THE DECISION