Skip to main content Skip to accessibility
This website is not compatible with your web browser. You should install a newer browser. If you live in Jersey and need help upgrading call the States of Jersey web team on 440099.
Government of Jerseygov.je

Information and public services for the Island of Jersey

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

  • Choose the service you want to log in to:

  • gov.je

    Update your notification preferences

  • one.gov.je

    Access government services

  • CAESAR

    Clear goods through customs or claim relief

  • Talentlink

    View or update your States of Jersey job application

Sanctions and Asset-Freezing (Implementation of EU Regulations) (Jersey) Order 2020

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 8 October 2020

MINISTERIAL DECISION REFERENCE:    MD-ER-2020-0049

DECISION SUMMARY TITLE:  Sanctions and Asset-Freezing (Implementation of EU Regulations) (Jersey) Order 2020

DECISION SUMMARY AUTHOR:

Head of International Compliance

IS THE DECISION SUMMARY PUBLIC OR EXEMPT?  

Public

REPORT TITLE:  Sanctions and Asset-Freezing (Implementation of EU Regulations) (Jersey) Order 2020

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

Senior Legislative Drafter

IS THE REPORT PUBLIC OR EXEMPT 

Public

DECISION AND REASON FOR THE DECISION:

The Minister for External Relations, under Article 3 of the Sanctions and Asset-Freezing (Jersey) Law 2019 (the “SAFL”) made the Sanctions and Asset-Freezing (Implementation of EU Regulations) (Jersey) Order 2020 (the “Order”).

SAFL came into force on 19 July 2019 and consolidated existing primary sanctions legislation in Jersey into one law, which enables the implementation of both EU and UK sanctions regulations.

The Order continues that process of consolidating the Island’s sanctions legislation by repealing 30 sanctions Orders that implement over 30 EU sanctions regulations, and the Sanctions and Asset-Freezing (General Provisions) (Jersey) Order 2019 (the “GPO”), replacing them all with a single Order.

The primary purpose of the Order is to rationalise how sanctions regimes are implemented (e.g. so that they all share the same asset-freezing provisions) and to make it easier to see which sanctions are in force.  

It does not introduce significant changes to the sanctions prohibitions that are already in force in Jersey and no new asset-freeze designations are made by the Order.

Other changes made by the Order

Under the Order, all sanctions regimes will be covered, inter alia, by the same asset-freezing, licensing, circumvention and information provisions as set out in SAFL.

The Order implements EU sanctions regulations in respect of Haiti, and Serbia and Montenegro; sanctions regimes that that were previously only implemented by Orders in Council.  

Some EU sanctions regulations contain a prohibition against satisfying claims with regard to contracts and transactions whose performance is affected by the implemented regulation. The Order will ensure that all such prohibitions are covered by an offence.

Further information about the Order

Schedule 1 to the Order lists the sanctions regimes that will be implemented. It also lists, inter alia, the relevant EU regulations, the Annexes to those regulations that contain persons and entities that are subject to an asset-freeze, and the articles of the regulations covered by an offence.

Schedule 2 contains updated and amended General Provisions that apply to all sanctions regimes covered by the Order, which were previously set out in the GPO.

Schedule 3 lists all the existing sanctions Orders that would be repealed by the draft Order.

RESOURCE IMPLICATIONS: There are no resource implications for the States arising from this legislation

ACTION REQUIRED: External Relations shall –

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

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

SIGNATURE:

 

 

SENATOR IAN GORST

POSITION:

Minister for External Relations

 

 

DATE SIGNED:

EFFECTIVE DATE OF THE DECISION

Our sites
Back to top
rating button