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L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Customs and Excise (Safety and Security) (Export) (Jersey) Order 2019

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 24 October 2019

Decision Reference: MD-HA-2019-0103

Decision Summary Title :

Changes to Jersey’s Customs and Excise Safety and Security procedures

Date of Decision Summary:

24th October 2019

Decision Summary Author:

 

Assistant Director, Revenue and Goods Control, Customs & Immigration

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Changes to Jersey’s Customs and Excise Safety and Security procedures

Date of Written Report:

25th March 2019

Written Report Author:

Assistant Director, Revenue and Goods Control, Customs & Immigration

Written Report:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Customs and Excise (Safety and Security) (Export) (Jersey) Order 2019

Decision(s): The Minister decided to make the Customs and Excise (Safety and Security) (Export) (Jersey) Order 2019. The Order will take effect immediately upon the departure of the United Kingdom from the European Union.

 

Reason(s) for Decision: On the 26th November 2018 the Minister for External Relations signed a customs arrangement (the Jersey Arrangement) concerning the establishment and operation of the United Kingdom - Crown Dependencies Union (the Customs Union), the members of which are the UK, Jersey, Guernsey and the Isle of Man. The arrangement covers all trade in goods between member states and the adoption of a common Safety and Security procedure.

 

Paragraph 2(c)(iii) of the Jersey Arrangement requires the Government of Jersey to keep Jersey’s Customs Law correspondent with that of the United Kingdom and to legislate to maintain that correspondence whenever necessary.

 

Paragraph 9 of the Jersey Arrangement requires the Government of Jersey to comply with all relevant international obligations and customs matters including import controls relating to Safety and Security.

 

Paragraph 3 of the arrangement requires the members of the Customs Union to introduce legislation to implement it in advance of it coming into effect. By virtue of Article 2(1) of the EU Legislation (Customs Union, Import and Export Control) (Jersey) Regulations 2018 (“the new Regulations”), which came into force, on the 13th December 2018; the appropriate Minister may by Order make provision, subject to and in accordance with the Regulation, for the purposes of implementation of the Jersey Arrangement in particular maintaining correspondence with Customs Law of the UK.

Resource Implications: None as a result of this decision.

 

Action required: The Minister to sign and seal the Order and the Private Secretary to return the document to the States Greffe immediately. The Greffier of the States to be requested to arrange for the States Assembly to be notified once the commencement Order has been made.

 

Signature:

 

 

Position:

 

Connétable Len Norman

Minister for Home Affairs

 

Date Signed:

 

 

 

Date of Decision (If different from Date Signed):

 

 

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