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Aircraft Registration (Amendment) (Jersey) Law 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 29 January 2016:

Decision Reference: MD-E-2016-0004

Decision Summary Title :

Aircraft Registration (Amendment) (Jersey) Law 201-

Date of Decision Summary:

21 January 2016

Decision Summary Author:

Strategic Policy Manager

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title :

Report for the Aircraft Registration (Amendment) (Jersey) Law 201-

Date of Written Report:

21 January 2016

Written Report Author:

Strategic Policy Manager

Written Report :

Public or Exempt?

Public

Subject:

Approval of the Aircraft Registration (Amendment) (Jersey) Law 201-.

Decision(s):

The Minister approved the Draft Aircraft Registration (Amendment) (Jersey) Law 201- (“Aircraft Registration Law”) for lodging and directed that the document should be lodged au Greffe.

Reason(s) for Decision:

The Jersey Aircraft Registry (the “JAR”) was launched in 2015 in order to provide economic opportunities for Jersey in the registration of aircraft, aircraft mortgages and commercial aircraft engine mortgages which will complement the offering of the Jersey Financial Services Industry in private wealth management. In order to maintain Jersey’s commitment to relevant international standards in the area of financial crime, the Jersey Financial Crime Steering Group (JFCSG), which is composed of: regulators, law enforcement, the Attorney General and relevant Government Departments consistently review activities in Jersey to ensure they are commensurate with our commitment to international standards.  The JFCSG examined the Jersey Aircraft Registry (JAR) legislation package before the Law was brought into force, with particular emphasis on the working of the Aircraft Registration (Jersey) Law 2014 in terms of AML/CFT standards. Of particular interest was whether “Qualified Persons”, as set out under the Aircraft Registration (Jersey) Law 2014, could only be considered to be a Jersey incorporated entity to ensure that adequate protection was provided to the island to mitigate the risk of the JAR being used for the furtherance of financial crime. The advantages of this criterion was that there would be certainty in terms of due diligence conducted and that there would be the ability to “strike off” the Jersey company should there be an issue that required de-registration of an aircraft.

 

The amendment to the Aircraft Registration (Jersey) Law 2014 allows for a Qualified Person to be removed from registration where circumstances require. The intention of this amendment is to allow for the JAR to, in due course, accept registrations from Qualified Persons who are not simply Jersey incorporated entities, where suitable criteria exists as to incorporation, in order to widen the commercial offering of the JAR.

Resource Implications:

There are no financial and manpower implications as a result of the States adopting the Draft Law.

Action required:

Forward the Draft Aircraft Registration Law and Report to the Greffe and request the Greffier of the States to arrange for the projet to be lodged au Greffe.

Signature: Senator L J Farnham

 

 

Position:

Minister for Economic Development, Tourism, Sport and Culture

Date Signed:

 

Date of Decision (If different from Date Signed):

 

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