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Sanctions and Asset-Freezing (Amendment of Law - Reporting Obligations) (Jersey) Regulations 201-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 18 July 2019

MINISTERIAL DECISION REFERENCE:    MD-ER-2019-0045

DECISION SUMMARY TITLE:     Draft Sanctions and Asset-Freezing (Amendment of Law – Reporting Obligations) (Jersey) Regulations 201-

DECISION SUMMARY AUTHOR:

Head of International Compliance

IS THE DECISION SUMMARY PUBLIC OR EXEMPT?  

Public

REPORT TITLE:     Draft Sanctions and Asset-Freezing (Amendment of Law – Reporting Obligations) (Jersey) Regulations 201-

REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: 

Head of International Compliance

IS THE REPORT PUBLIC OR EXEMPT? 

Public

DECISION AND REASON FOR THE DECISION:

Under Jersey’s existing sanctions legislation, the reporting obligations in respect of Jersey sanctions Orders flow directly from the EU sanctions regulations that the Orders are giving effect to and implementing. EU sanctions regulations contain a general reporting obligation to share with the sanctions Competent Authority (in Jersey this is the Minister for External Relations (“MER”)) any information that may facilitate compliance with a regulation. This obligation is not limited to relevant financial institutions and applies to natural and legal persons, entities and bodies in Jersey or under Jersey jurisdiction. This includes the Jersey Financial Services Commission (“JFSC”) and is one of the legal gateways on which the JFSC rely in order to share certain information relevant to the enforcement of financial sanctions with the MER.

The Sanctions and Asset-Freezing (Jersey) Law 2019 (“SAFL”) provides for a number of improvements to Jersey’s sanctions legislation, which include the introduction of specific and detailed reporting obligations for relevant financial institutions in respect of Jersey sanctions Orders. This will enable MER to bring reporting obligations for asset-freeze designations effective under Jersey sanctions Orders into line with those currently applicable for terrorist asset-freeze designations and interim UN non-terrorist asset-freeze designations. These changes will be brought into effect following the coming into force of the Sanctions and Asset-Freezing (Amendment) (Jersey) Law 201- later in the year.

As the changes would limit reporting obligations to relevant financial institutions, it is necessary to make an amendment to Part 6 (Information) of SAFL to ensure that the above mentioned legal gateway for the JFSC to share relevant sanctions information with the MER is retained. The new Sanctions and Asset-Freezing (Amendment of Law – Reporting Obligations) (Jersey) Regulations 201- (“the draft Regulations”) will make these amendments. The draft Regulations also introduce an Order-making power for the Minister to extend the reporting obligations to other relevant statutory bodies, following consultation with those bodies.

The Minister for External Relations approved the draft Regulations, and requested that it be lodged “au Greffe” for consideration by the States Assembly at the next available opportunity.

RESOURCE IMPLICATIONS:    There are no resource implications arising from this legislation.

ACTION REQUIRED:   The Ministry of External Relations to request the Greffier of the States to arrange for the lodging “au Greffe” of the draft Sanctions and Asset-Freezing (Amendment of Law – Reporting Obligations) (Jersey) Regulations 201- for consideration by the States Assembly at the next available opportunity.

SIGNATURE:

 

 

SENATOR IAN GORST

POSITION:

 

 

MINISTER FOR EXTERNAL RELATIONS

 

 

DATE SIGNED

EFFECTIVE DATE OF THE DECISION

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