Shipping (Registration) (Jersey) Regulations 2004: Amendment: 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 17 February 2016:

Decision Reference: MD-E-2016-0008
Decision Summary Title :	Ship Registration Entitlement		Date of Decision Summary:	11 February 2016
Decision Summary Author:	Head of Maritime Administration		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/a
Written Report Title :	Law Drafting Instructions - Amendments To The Shipping (Registration) (Jersey) Regulations 2004		Date of Written Report:	11 February 2016
Written Report Author:	Head of Maritime Administration		Written Report : Public or Exempt?	Exempt article 36(1)
Subject: Law Drafting Instructions - Amendments To The Shipping (Registration) Jersey) Regulations 2004 - Entitlement To Register A Jersey Ship.
Decision(s): The Minister approved the law drafting instructions aimed at widening the criteria for ownership of a Jersey ship where the risks regarding potential money-laundering abuse are low and improving the provisions to reduce the risk where the evidence may require this.
Reason(s) for Decision: Entitlement to own a Jersey ship could be improved. Nationals and companies of EEA countries are excluded, although authorised by other registers such as the UK one. Many countries with sophisticated protection against money-laundering in place, such as the USA, are also excluded. The regulations therefore unnecessarily restrict the growth of the Jersey register. Regarding the fight against money laundering and the financing of terrorism, establishing the beneficial ownership of ships owned by a body corporate can be an important risk-reducing measure and safeguard the Island’s good reputation. However, provision in the regulations is too limited in this area and needs strengthening.
Resource Implications: There are no new financial, property, ICT or human resources issues arising.
Action required: The Law Draftsman to be requested to develop the appropriate draft amendment.
Signature:		Position: Senator L J Farnham Minister for Economic Development, Tourism, Sport and Culture
Date Signed:		Date of Decision (If different from Date Signed):