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EU Legislation (Sanctions - Ukraine) (Jersey) Order 2014

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 2 December 2014:

Decision Reference:  MD-ER-2014-0039

Decision Summary Title :

Ukraine sanctions

Date of Decision Summary:

24 November 2014

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 – Ukraine) (Jersey) Order 2014

 

Date of Written Report:

24 November 2014

Written Report Author:

Law Draftsman

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:   EU Legislation (Sanctions – Ukraine) (Jersey) Order 2014

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 (EU) No 208/2014 concerning restrictive measures directed against certain natural or legal persons, entities or bodies in view of the situation in Ukraine;
  • Council Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine; and
  • Council Regulation (EU) No 692/2014 concerning restrictive measures in response to the illegal annexation of Crimea and Sevastopol;

made the EU Legislation (Sanctions – Ukraine) (Jersey) Order 2014.

Reason(s) for Decision:

Following enactment of the European Union Legislation (Implementation) (Jersey) Law 2014, which amongst other matters clarifies the validity of ambulatory references in Jersey law, it is expedient to re-enact and amend the provisions, as they have effect in Jersey, of Council Regulations (EU) No 208/2012, (EU) No 269/2010 and (EU) 692/2014 in view of the situation in Ukraine and in Crimea and Sevastopol.

The Council of the European Union has introduced successive restrictive measures, on 5 March and 17 March 2014, in view of the situation in Ukraine, comprising freezing and recovery of assets of individuals identified as responsible for the misappropriation of Ukrainian State Funds and persons responsible for human rights violations in Ukraine; and providing for travel restrictions and for the freezing of funds and economic resources of certain persons responsible for actions which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine.

Further measures were introduced on 23 June 2014, concerning restrictions on goods originating in Crimea or Sevastopol and on the provision, directly or indirectly, of financing or financial assistance, as well as insurance and reinsurance, related to the import of such goods, in response to the illegal annexation of Crimea and Sevastopol.

Up until 30 July 2014, Regulation (EU) 208/2014 has been amended once; (EU) No 269/2010 has been amended 6 times, and (EU) 692/2014 has been amended once.  The proposed Order will introduce all three Regulations in Jersey in their latest iteration.  Subsequent 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 limited use of ambulatory reference to those Annexes, without the need for any amendment to the Jersey Order.

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 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.

The EU Legislation (Sanctions – Ukraine) (Jersey) Order 2014 will give effect in Jersey to the EU restrictive measures, in accordance with the common external relations policy of the Council of Ministers. 

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 Signed:

 

Date of Decision (If different from Date Signed):

 

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