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EU Legislation (Sanctions - Iran) (Jersey) Order 2015

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 26 February 2015:

Decision Reference:  MD-ER-2015-0016

Decision Summary Title :

Iran sanctions – re-enactment

Date of Decision Summary:

19 February 2015

Decision Summary Author:

 

External Relations

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title :

EU Legislation (Sanctions – Iran) (Jersey) Order 2015

 

Date of Written Report:

19 February 2015

Written Report Author:

Law Draftsman

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:   EU Legislation (Sanctions – Iran) (Jersey) Order 2015

Decision(s): The Minister for External Relations, in pursuance of Article 2 of the European Union Legislation (Implementation) (Jersey) Law 2014 and having regard to Council Regulation (EU) No 267/2012 and Council Regulation (EU) No 359/2011, made the EU Legislation (Sanctions – Iran) (Jersey) Order 2015.

Reason(s) for Decision:

In 2011 the Council of the European Union introduced Regulation (EU) 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran.  These measures target persons complicit in or responsible for directing or implementing grave human rights violations in the repression of peaceful demonstrators, journalists, human rights defenders, students or other persons who speak up in defence of their legitimate rights, including freedom of expression.  In addition, they are aimed at persons complicit in or responsible for directing or implementing grave violations of the right to due process, torture, cruel, inhuman and degrading treatment, or the indiscriminate, excessive and increasing application of the death penalty, including public executions, stoning, hangings or executions of juvenile offenders in contravention of Iran’s international human rights obligations.

The Council of the European Union subsequently introduced Regulation (EU) No 267/2012 concerning restrictive measures against Iran.  These measures include export and import restrictions in connection with Iran’s nuclear proliferation, military or ballistic missile programmes; prohibition of financing and technical assistance and supply of dual-use goods and technology, in particular relating to the petrochemical industry; restrictions on financing certain enterprises including the exploration, production and refining of crude oil; and the freezing of funds of designated persons and entities involved in or associated with proliferation-sensitive nuclear activities.  Further measures include restrictions on the transfer of funds to or from Iranian financial institutions; requirements for notification or authorisation of transactions involving Iranian persons and restrictions on investment in Iran. Restrictions are also applicable in respect of transport by ship or cargo aircraft, ships bunkering and supplies.

The EU Legislation (Sanctions – Iran) (Jersey) Order 2015, which replaces the Community Provisions (Restrictive Measures – Iran) (Jersey) Order 2012, will re-enact and update the effect in Jersey of the EU restrictive measures, both Regulation (EU) 359/2011 and Regulation (EU) 267/2012, in accordance with the common external relations policy of the Council of Ministers.  

Any future amendments to the Annexes to these EU Regulations, or changes to their effect in the EU as a result of any judgement of the European Court, will be implemented in Jersey by the use of ambulatory reference to those Annexes, without the need for any amendment to the Jersey Order.

The proposed Order will also apply to itself the EU Legislation (Sanctions) (General Provisions) (Jersey) Order 2014, which contains standard provisions relating to sanctions.   This Order must therefore be read in conjunction with that General Provisions Order.  In particular, with regard to Article 7 (‘Application: registrable trust company business’) of the General Provisions Order and in pursuance of Article 3 (‘Implementation of EU provisions: financial services’) of the European Union Legislation (Implementation) (Jersey) Law 2014, the Minister considers it expedient, in the interests of Jersey and for the better implementation of the EU Regulation in Jersey, to extend the relevant obligations, prohibitions and exceptions to persons carrying on registrable trust company business.

Resource Implications:  There are no resource implications arising from this legislation.

Action required:

External Relations shall –

(1) inform the Assistant Greffier of the States and the States Greffe Publications Editor immediately the Order is made, and request the Greffier of the States to arrange for the making of the Order to be notified to the States;

(2) deliver the signed and sealed order to the Publications Editor.

 

Signature:

 

Position: 

 

 

Minister for External Relations

Date Signed:

 

Date of Decision (If different from Date Signed):

 

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