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United Nations Sanctions (Revocations) Order 2020

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 20 January 2021

MINISTERIAL DECISION REFERENCE:    MD-ER-2021-0001

DECISION SUMMARY TITLE:  Royal Court registration of the United Nations Sanctions (Revocations) Order 2020

DECISION SUMMARY AUTHOR:

Head of International Compliance

IS THE DECISION SUMMARY PUBLIC OR EXEMPT?  

Public

REPORT TITLE: 

REPORT AUTHOR OR NAME OF PERSON GIVING REPORT:  (if different from Decision  Summary Author)

N/A

IS THE REPORT PUBLIC OR EXEMPT 

N/A

DECISION AND REASON FOR THE DECISION:

The Minister for External Relations has requested that a UK Statutory Instrument - the United Nations Sanctions (Revocations) Order 2020 (the “Statutory Instrument”) - be registered in the Royal Court.

In the past, a number of United Nations Security Council (UNSC) sanctions regimes were implemented in Jersey through Orders in Council (“OiCs”). Some of these OiCs are defunct (i.e. they implement UNSC sanctions regimes that are no longer in force) and others have long since been superseded by Jersey’s own sanctions legislation.

All sanctions in Jersey are now implemented through the Sanctions and Asset-Freezing (Jersey) Law 2019 and the Sanctions and Asset-Freezing (Implementation of EU Regulations) (Jersey) Order 2020.

The UK, in consultation with External Relations, has made the Statutory Instrument, which repeals a large number of OiCs that apply to Jersey, Guernsey, the Isle of Man, the UK, and the British Overseas Territories. For the Statutory Instrument to take effect in Jersey it must be registered in the Royal Court. 

The Statutory Instrument repeals the following Orders in Council relevant to Jersey:

-            The Serbia and Montenegro (United Nations Sanctions) (Channel Islands) Order 1992

-            The Serbia and Montenegro (United Nations Sanctions) (Channel Islands) Order 1993

-            The Libya (United Nations Sanctions) (Channel Islands) Order 1993

-            The Haiti (United Nations Sanctions) (Channel Islands) Order 1994

-            The Former Yugoslavia (United Nations Sanctions) (Channel Islands) Order 1994

-            The Former Yugoslavia (United Nations Sanctions) (Channel Islands) (Amendment) Order 1994

-            The United Nations Arms Embargoes (Somalia, Liberia and Rwanda) (Channel Islands) Order 1996

-            The United Nations Arms Embargoes (Somalia, Liberia and Rwanda) (Channel Islands) (Amendment) Order 1997

-            The Federal Republic of Yugoslavia (United Nations Sanctions) (Channel Islands) Order 1998

-            The United Nations Arms Embargoes (Channel Islands) (Amendment) (Sierra Leone) Order 1998

-            The Federal Republic of Yugoslavia (United Nations Sanctions) (Channel Islands) (Amendment) Order 1999

-            The Eritrea and Ethiopia (United Nations Sanctions) (Channel Islands) Order 2000

-            The Eritrea and Ethiopia (United Nations Sanctions) (Channel Islands) (Amendment) Order 2000

-            The Sierra Leone (United Nations Sanctions) (Channel Islands) Order 2000

-            The Iraq (United Nations Sanctions) (Channel Islands) Order 2000

-            The Liberia (United Nations Sanctions) (Channel Islands) Order 2001

-            The Terrorism (United Nations Measures) (Channel Islands) Order 2001

-            The Al-Qa’ida and Taliban (United Nations Measures) (Channel Islands) Order 2002

-            The Somalia (United Nations Sanctions) (Channel Islands) Order 2002

-            The Iraq (United Nations Sanctions) (Channel Islands) Order 2003

-            The Democratic Republic of the Congo (United Nations Sanctions) (Channel Islands) Order 2003

-            The Liberia (United Nations Sanctions) (Channel Islands) Order 2004

-            The Liberia (United Nations Sanctions) (Channel Islands) (Amendment) Order 2004

-            The Iraq (United Nations Sanctions) (Channel Islands) (Amendment) Order 2004

-            The Sudan (United Nations Measures) (Channel Islands) Order 2005

-            The Democratic Republic of the Congo (United Nations Sanctions) (Channel Islands) Order 2005

-            The Lebanon and Syria (United Nations Measures) (Channel Islands) Order 2006

RESOURCE IMPLICATIONS:

There are no resource implications arising from this decision.

ACTION REQUIRED:

External Relations to liaise with the Bailiff's Chambers to arrange for the United Nations Sanctions (Revocations) Order 2020 to be registered in the Royal Court.

 

 

 

POSITION:

Minister for External Relations

 

 

DATE SIGNED:

EFFECTIVE DATE OF THE DECISION

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