Amendment to the Customs and Excise (Import and Export Control) (Jersey) Order 2006.

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A decision made (01/04/2009) regarding: Amendment to the Customs and Excise (Import and Export Control) (Jersey) Order 2006.

Decision Reference: MD-HA-2009-0035
Decision Summary Title :	Amendment to the Customs and Excise (Import and Export Control) (Jersey) Order 2006		Date of Decision Summary:	20th March 2009
Decision Summary Author:	C &I Director, Legal Status and Revenue		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Amendment to the Customs and Excise (Import and Export Control) (Jersey) Order 2006		Date of Written Report:	20th March 2009
Written Report Author:	C &I Director, Legal Status and Revenue		Written Report : Public or Exempt?	Public
Subject: To amend the Customs and Excise (Import and Export Control) (Jersey) Order 2006
Decision(s): The Minister decided to amend by Order the Customs and Excise (Import and Export Control) (Jersey) Order 2006 to take account of changes to the secondary legislation on UK export controls following the introduction of the UK Export Control Order 2008 (S.I. 2008 No 3231) and the revocation of the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 of the United Kingdom (S.I.2764 of 2003)
Reason(s) for Decision: An amendment to the Customs and Excise (Import and Export Control) (Jersey) Order 2006, will keep the Island in line with the UK regime for controlling the export of Military, Security and Para-military goods, Explosives, Arms, Ammunition and Related Material
Resource Implications: There are no financial or manpower implications associated with this decision.
Action required: To direct the Customs and Immigration Service to instruct the Law Draftsman to draft an Order to amend the Customs and Excise (Import and Export Control) (Jersey) Order 2006
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):

Amendment to the Customs and Excise (Import and Export Control) (Jersey) Order 2006.

CUSTOMS AND IMMIGRATION SERVICE

Amendment to the Customs and Excise (Import and Export Control) (Jersey) Order 2006

Minister,

Introduction

This paper recommends an amendment to the Customs and Excise (Import and Export Control) (Jersey) Order 2006 (R&O.100/2006). The amendment will keep the Island in line with the UK regime for controlling the export of Military, Security and Para-military goods, Explosives, Arms, Ammunition and Related Material

Background

The new Export Control (Jersey) Law 200-, adopted by the States of Jersey on 1 April 2008 has been submitted for confirmation by Her Majesty in Council, however as of the date of this report the Law has not yet been considered at Privy Council.

Once Royal Assent is granted this new Law will make provision for controls on the export of tangible goods in place of the controls under the Customs and Excise (Jersey) Law 1999 and will introduce new powers in Jersey to control trade in intangibles, such as technology and technical assistance.

Currently exports of all goods from the Island are controlled under Article 19(1) of the Customs and Excise (Jersey) Law 1999.

This Article allows that the Minister (for Home Affairs) may by Order make such provisions as the Minister thinks expedient for prohibiting or regulating the importation into, or exportation from, the Bailiwick of all goods or goods of any specified description.

On 7th December 2006 the Customs and Excise (Import and Export Control) (Jersey) Order 2006 (R&O.100/2006) commenced.

Part 5 of Schedule 3 to R&O.100/2006 requires that:

"Any goods to which –

(a) Part I or Part II of Schedule 1; or

(b) Schedule 1A,

to the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 of the United Kingdom (S.I.2764 of 2003) applies."

…..shall not be exported except under the authority and in compliance with the terms and conditions of a licence .

However the UK Government is making changes to the secondary legislation on UK export controls with the new Export Control Order 2008 ( S.I. 2008 No 3231 ) to be introduced on 6th April 2009

This new Order will consolidate existing UK export control and trade control legislation and revokes many existing UK Orders and Regulations, including S.I.2764 of 2003.

Schedules 1 and 2 of S.I. 2008 No 3231 include details of Military, Security and Para-military goods, Explosives, Arms, Ammunition and Related Material that were originally included in Part I and Part II of Schedule 1 and Schedule 1A of S.I.2764 of 2003.

Schedule 1 of S.I. 2008 No 3231 also now includes certain security and para-military police equipment, the export of which are currently controlled in Jersey as goods specified in the Open General Export Licence as goods requiring an export licence.

In addition Schedule 1 of S.I. 2008 No 3231 now includes specific references to cluster munitions, explosive submunitions, explosive bomblets man-portable air defence systems, missiles for them, associated equipment and their specially designed components and Long-range missiles.

Interim Control Measures

The Customs and Excise (Import and Export Control) (Jersey) Order, 2006, requires that all goods exported from Jersey are covered by an Export Licence. The Order allows the Minister for Home Affairs to issue an Open General Licence which covers most exportations. All functions relating to licences under Article 4 of the Order have been delegated to the Agent of the Impôts under Article 28(1) (b) of the States of Jersey Law 2005.

From time to time the Agent of the Impôts makes an Open General Export Licence allowing the exportation of all goods apart from those specified within the Licence. Exporters of goods so specified will need to apply to the States of Jersey Customs and Immigration Service for an individual export licence

As an interim measure, to ensure that local export controls on Military, Security and Para-military goods, Explosives, Arms, Ammunition and Related Material continue, the Agent of the Impôts has included any such goods listed in Schedule 1 and Schedule 2 of the UK Export Control Order 2008 (S.I.3231 of 2008) as goods specified within the Open General Export Licence.

Recommendation

The Minister is recommended to direct the Customs and Immigration Service to instruct the Law Draftsman to draft an Order amending the Customs and Excise (Import and Export Control) (Jersey) Order 2006 to remove Part 5 of Schedule 3 but include in that Schedule any goods to which –

Schedule 1; or
Schedule 2,

to the UK Export Control Order 2008 (S.I.3231 of 2008) applies as goods that shall not be exported except under the authority and in compliance with the terms and conditions of a licence

David A J Nurse

Director, Legal Status and Revenue

States of Jersey Customs and Immigration Service

20th March 2009