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Sanctions and Asset-Freezing (Automatic Implementation of UK Sanctions on Belarus) (Jersey) Order 2023

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 9 June 2023:

Decision Reference:  MD-ER-2023-365

Public

Subject: Sanctions and Asset-Freezing (Automatic Implementation of UK Sanctions on Belarus) (Jersey) Order 2023

 

Report Title: Sanctions and Asset-Freezing (Automatic Implementation of UK Sanctions on Belarus) (Jersey) Order 2023

Public

Decision(s):

The Minister decided to make the Sanctions and Asset-Freezing (Automatic Implementation of UK Sanctions on Belarus) (Jersey) Order 2023.

Reason for Decision(s):

Changes to the Sanctions Order

 

The Amendment Order has the following effect on the Sanctions Order.

 

If the UK amends the UK Belarus Regulations to add a new prohibition or obligation, then the existing Jersey offence of breaching implemented sanctions provisions (carrying imprisonment for up to 7 years and an unlimited fine) would apply automatically to a breach of that new prohibition or obligation in Jersey. There would therefore be no need for the Sanctions Order to be amended again to implement new UK prohibitions and obligations in relation to the Republic of Belarus. However, the Minister retains the power to modify or disapply a particular prohibition or obligation by amending the Sanctions Order.

 

Changes to the UK Belarus Regulations

 

The Belarus SI will align the UK Belarus Regulations to the UK Russia Regulations. The provisions and designation criteria under the UK Russia Regulations are being extended to the Belarus regime, where appropriate, in a way which reflects the organisational and power structures in Belarus.

 

In light of these changes, and in addition to wider amendments, new trade prohibitions have been added to the Belarus regime. These additions can now be found in Part 5 of the UK Belarus Regulations and include provisions relating to exports to Belarus, imports from Belarus, and provision of internet services to Designated Persons, and all related activity.

 

Reasons for the changes

 

The legislative changes detailed above are being implemented to reduce the administrative burden on the Minister, FSIU, the Law Officers Department, and the Legislative Drafting Office. If the Minister makes the Amendment Order, it will not be necessary to make further amendment Orders to implement changes to the UK Belarus Regulations.

 

The Belarus and Russia regimes are related and have both been significantly expanded since February 2022. The automatic implementation of the UK Belarus Regulations is in line with the Government of Jersey’s policy to support the UK’s sanctions against Russia and Belarus

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

 

Action Required: Officers to request the Greffier of the States to arrange for the item(s) to be presented to the States Assembly.

Signature:

 

 

Signed By: Minister for External Relations

Date Signed: 9th June 2023

 

 

Date of Decision (If different from Date Signed):

 

 

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