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EU Legislation (Sanctions - North Korea) (Jersey) Order 2015

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 13 July 2015:

Decision Reference:  MD-ER-2015-0036

Decision Summary Title :

North Korea sanctions

Date of Decision Summary:

6 July 2015

Decision Summary Author:

 

External Relations

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title :

EU Legislation (Sanctions – North Korea) (Jersey) Order 2015

 

Date of Written Report:

6 July 2015

Written Report Author:

Law Draftsman

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:   EU Legislation (Sanctions – North Korea) (Jersey) Order 2015

Decision(s): The Minister for External Relations, in pursuance of Article 2 of the European Union Legislation (Implementation) (Jersey) Law 2014 and having regard to Council Regulation (EC) No 329/2007 concerning restrictive measures against North Korea, made the EU Legislation (Sanctions – North Korea) (Jersey) Order 2015.

Reason(s) for Decision:

The Council of the European Union introduced Council Regulation (EC) No 329/2007 in pursuance of UN Security Council Resolution 1718 (2006) in respect of North Korea.

In addition, Annex V to Regulation (EC) No 329/2007 lists persons, entities and bodies who, having been designated by the Council of the European Union, are included in the freezing of funds and economic resources under that Regulation.  On 2 July 2015, the European Commission made Implementing Regulation (EU) 2015/1062, to add one entity and six persons to the list of persons, entities and bodies to whom the freezing of funds and economic resources should apply.

The proposed Order would give effect in Jersey to the above measures, in compliance with UN Security Council obligations and in accordance with the common external relations policy of the Council of Ministers, by revoking the existing Community Provisions (Restrictive Measures – North Korea) (Jersey) Order 2013 and re-enacting updated provisions.  

Any future amendments to the Annexes to the EU Regulations, or changes to their effect in the EU as a result of any judgement of the European Court, will be implemented in Jersey by the use of ambulatory reference to those Annexes, without the need for any further enactment.

The proposed Order will also apply to itself the EU Legislation (Sanctions) (General Provisions) (Jersey) Order 2014, which contains standard provisions relating to sanctions.   This Order must therefore be read in conjunction with that General Provisions Order.  In particular, with regard to Article 7 (‘Application: registrable trust company business’) of the General Provisions Order and in pursuance of Article 3 (‘Implementation of EU provisions: financial services’) of the European Union Legislation (Implementation) (Jersey) Law 2014, the Minister for External Relations considers it expedient, in the interests of Jersey and for the better implementation of the EU Regulation in Jersey, to extend the relevant obligations, prohibitions and exceptions to persons carrying on registrable trust company business.

Resource Implications:  There are no resource implications arising from this legislation.

Action required:

External Relations shall –

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

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

 

Signature:

 

Position: 

 

 

Minister for External Relations

Date  13 July 2015

 

Date of Decision (If different from Date Signed):

 

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