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Customs Cooperation and Mutual Administrative Assistance: Extension of Agreements

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 21 March 2019:

MINISTERIAL DECISION REFERENCE:    MD-ER-2019-2015

DECISION SUMMARY TITLE: Extension of Customs Cooperation and Mutual Administrative Assistance Agreements 

DECISION SUMMARY AUTHOR:

Director, External Relations – Brexit Unit

IS THE DECISION SUMMARY PUBLIC OR EXEMPT?  

Public

REPORT TITLE:   N/A

REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: 

N/A

IS THE REPORT PUBLIC OR EXEMPT

N/A

DECISION AND REASON FOR THE DECISION: By letter dated 1 March 2019, under the terms of the draft Withdrawal Agreement, the EU customs cooperation in mutual administrative assistance (CCMAA) agreements with Canada, China, India, Japan, New Zealand, South Korea and the U.S. will cease to apply to the UK and the Bailiwick of Jersey after the UK exits the EU. The application would cease at the end of the implementation period specified under the terms of the UK’s proposed Withdrawal Agreement with the EU, or in the event of a no deal scenario, on 29 March. The UK has requested confirmation that the Bailiwick of Jersey is content for the CCMAA agreements be extended to it, and for confirmation that the Bailiwick of Jersey will have the necessary domestic legislation in place by the time of signature.  

Paragraph 9 of the Jersey-UK Customs Arrangement requires Jersey to comply with all relevant international obligations which includes customs co-operation and mutual administrative assistance. Securing extension of the CCMAAs is therefore necessary to endure Jersey’s compliance with the terms of the Arrangement. The Minister therefore supports making the official request for extension of the agreements.

RESOURCE IMPLICATIONS: 

There are no financial or manpower implications for the Government arising from this Ministerial Decision.

ACTION REQUIRED:  External Relations shall take the necessary steps to process the formal request for extension through the official channel.

SIGNATURE:

 

 

SENATOR IAN GORST

POSITION:

 

 

MINISTER FOR EXTERNAL RELATIONS

 

 

DATE SIGNED 

EFFECTIVE DATE OF THE DECISION (if different)

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