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EU Legislation (Sanctions - Democratic Republic of the Congo) (Amendment) (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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 27 April 2015:

MINISTERIAL DECISION REFERENCE:    MD-ER-2015-0029

DECISION SUMMARY TITLE:  EU Legislation (Sanctions – Democratic Republic of the Congo) (Amendment) (Jersey) Order 2015

DECISION SUMMARY AUTHOR:

External Relations

IS THE DECISION SUMMARY PUBLIC OR EXEMPT?  

Public

REPORT TITLE:  EU Legislation (Sanctions – Democratic Republic of the Congo) (Amendment) (Jersey) Order 2015

REPORT AUTHOR OR NAME OF PERSON GIVING REPORT:  (if different from Decision  Summary Author)

Law Draftsman

IS THE REPORT PUBLIC OR EXEMPT 

Public

DECISION AND REASON FOR THE DECISION:

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 (EC) No 1183/2005 as amended, made the EU Legislation (Sanctions – Democratic Republic of the Congo) (Amendment) (Jersey) Order 2015.

Council Regulation (EC) No 1183/2005 provides for certain measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (‘DRC’), including the freezing of their assets.

United Nations Security Council Resolution (UNSCR) 2198 (2015) amended the criteria for the designation of persons and entities subject to the restrictive measures set out in UNSCR 1807 (2008).  The European Council has also revoked Council Regulation (EC) No 889/2005 which imposes certain restrictive measures regarding the prohibition on providing technical and financial assistance related to military activities in the DRC.

The proposed Order would amend the EU Legislation (Sanctions – Democratic Republic of the Congo) (Jersey) Order 2014 to implement the UNSCR and give effect in Jersey to the changes to the EU restrictive measures. 

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: 27 April 2015

EFFECTIVE DATE OF THE DECISION: 27 April 2015

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