World Trade Organisation: Extension to Jersey

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.

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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

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A decision made on 9 October 2019

MINISTERIAL DECISION REFERENCE: MD-ER-2019-0053
DECISION SUMMARY TITLE: WTO EXTENSION
DECISION SUMMARY AUTHOR:	David Walwyn	IS THE DECISION SUMMARY PUBLIC OR EXEMPT?		PUBLIC
REPORT TITLE: WTO Extension
REPORT AUTHOR OR NAME OF PERSON GIVING REPORT:	N/A	IS THE REPORT PUBLIC OR EXEMPT		N/A
DECISION AND REASON FOR THE DECISION: Decision: To make a formal request through the official channel to the UK Government requesting that the UK extends the territorial extent of its membership of the World Trade Organisation (WTO) to Jersey. Reason: Territorial extension of the UK’s WTO membership to Jersey has been a longstanding objective of the Government of Jersey. In practice, this will involve the extension of the obligations and benefits arising under the Agreement Establishing the World Trade Organization and the following multilateral agreements to Jersey. General Agreement on Tariffs and Trade 1994 General Agreement on Tariffs and Trade 1947 Marrakesh Protocol to the General Agreement on Tariffs and Trade 1994 Agreement on Agriculture Agreement on the Application of Sanitary and Phytosanitary Measures Agreement on Textiles and Clothing Agreement on Technical Barriers to Trade Agreement on Trade-Related Investment Measures Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 Agreement on the Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 Agreement on Preshipment Inspection Agreement on Rules of Origin Agreement on Import Licensing Procedures Agreement on Subsidies and Countervailing Measures Agreement on Safeguards General Agreement on Trade in Services Agreement on Trade-related Aspects of Intellectual Property Rights Understanding on Rules and Procedures governing the settlement of disputes Trade Policy Review Mechanism The Government of Jersey, with the support of the Law Officers’ Department, has engaged in a detailed compliance exercise in relation to these Agreements, in close consultation with the Department for International Trade and colleagues in Guernsey. The outcome of this exercise is that both the Government of Jersey and UK Government Agree that no amendment is required to domestic legislation or practice in order to give effect to the obligations in the Agreements referred to above. Jersey has committed to maintaining compliance with these Agreements going forward. The Government has held detailed discussions with the Department for International Trade to agree the arrangements through which they will work together and ensure that Jersey’s trading interests will be advanced through extension and that its existing constitutional position will be respected and protected by the UK Government. The Brexit Ministerial Group has confirmed its agreement to these arrangements. The Council of Ministers (COM) approved the substantive arrangement that sets out the relationship between the Government of Jersey and the UK Government by which extension will be handled, and with it the extension of the UK’s WTO membership on the 10.07.2019. The Council delegated the agreement to the final version of the text to the Minister for External Relations and/or the Chief Minister, which was duly given on 24 September by MER. Therefore, by the signing of this Ministerial Decision, the Minister for External Relations fulfils the requests of BMG, and COM to send to the UK Government a letter of extension, formally requesting the UK to extend its membership of the World Trade Organisation to Jersey.
RESOURCE IMPLICATIONS: There are no direct resource implications from the signing of the MD. Going forward the servicing of Jersey’s input into the UK and WTO will be an on-going government obligation.
ACTION REQUIRED: On signature of this MD to write through the official channel to the UK Government to request formal extension of WTO membership to Jersey.
SIGNATURE: SENATOR IAN GORST			POSITION: MINISTER FOR EXTERNAL RELATIONS

DATE SIGNED			EFFECTIVE DATE OF THE DECISION (if different)