Customs and Excise (Export Declarations and Export Controls) (Jersey) Law 1999: Law Drafting instructions

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.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 25 September 2020

Ministerial decision reference: MD-HA-2020-0059
Decision summary title Law drafting instruction: Exporting Goods (export declarations and export controls) - Customs and Excise (Jersey) Law 1999
Decision summary author	Customs Brexit Legal & Policy Principal	Is the decision summary public or exempt?		Public
Report title Law drafting instruction: Exporting Goods (export declarations and export controls) - Customs and Excise (Jersey) Law 1999
Report author or name of person giving report	Customs Brexit Legal & Policy Principal	Is the report public or exempt?		Exempt Article 35 of FOI Law
Decision and reason for the decision
Prior to the United Kingdom’s (‘’UK’’) exit from the European Union (‘’EU’’) 31st January 2020, (notwithstanding the transition period ending 31st December 2020), Jersey formed part of the UK Member State for the purposes of the EU customs union to the extent provided for by Protocol 3 to the UK Act of Accession 1972. In brief, Protocol 3 set out that EU law concerning “customs matters” was directly applicable in Jersey. On the UK’s exit from the EU the relationship Jersey has to the EU and the UK through the EU Treaties, via Protocol 3, comes to an end. Currently the UK’s main provisions governing the export of goods from the UK are set out in directly applicable EU regulations. Primarily the Union Customs Code, Regulation (EU) No. 952/2013 (UCC) is the overarching legislative framework for customs adhered to by all Member States. Sitting under this regulation are the implementing regulations. Under the UK European Union (Withdrawal) Act 2018, EU customs law is not being retained and the UK has provided for new customs provisions, including the export of goods, predominantly exercised through the UK Taxation (Cross – border Trade) Act 2018 (‘’TCTA). Section 35 of the TCTA provides for the export provisions including regulatory powers and notices made thereunder. In addition, the export of certain goods is also controlled (prohibited and restricted) through a number of instruments in the UK and through EU legislation applicable to the UK. As the UK exits the EU it may retain EU legislation (as amended) or replicate EU legislation (as amended) to control these goods. Customs matters in Jersey are provided for via the Customs and Excise (Jersey) Law 1999, including exporting goods. In addition, the Export Control (Jersey) Law 2009 was adopted by the States 1st April 2008 and came into force in 2018 for the purpose of controlling certain export goods. However, the regime under the Export Control (Jersey) Law 2009 was conceived before Brexit and drafted in the context of Jersey’s Protocol 3 relationship with the EU, which included certain obligations relating to export control owing to Jersey being within the EU’s customs territory. As stated above, from 1 January 2021 Jersey will cease to be treated as part of the EU’s customs territory, and will form part of the UK-Crown Dependencies Customs Union. It follows that the Export Control (Jersey) Law 2009 as constructed is not a suitable vehicle to control certain export goods. With the advent of Jersey exiting its relationship with the EU, provisions are required for certain export matters. The Minister for Home Affairs accordingly decided to request the drafting of regulations which: Provide clarity in Law for exporters to make export declarations for ‘standard goods’. Provide the Minister with Order-making powers to control the export of any goods, essentially replicating those powers to control the import of any goods. Provide the required enforcement powers for the Agent of the Impots or an Officer of the Agent of the Impots, to control the export of any goods.
Resource implications: There are no financial or manpower implications arising from this decision.
Action required The Principle Legislative Drafter is requested to arrange for the preparation of the necessary legislation to give effect to the Law drafting instruction set out in the Report.
Signature			Position Connétable Len Norman Minister for Home Affairs

Date signed			Effective date of the decision