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Iran Financial Restrictions Direction

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.

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  • 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 5 December 2011:

Decision Reference:  MD-TR-2011-0150

Decision Summary Title:

Iran Financial Restrictions - Direction

Date of Decision Summary:

5 December 2011

Decision Summary Author:

International Relations

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 N/A

Written Report

Title:

Iran Financial Restrictions - Direction

Date of Written Report:

5 December 2011

Written Report Author:

International Relations

Written Report :

Public or Exempt?

Public

Subject:  Iran Financial Restrictions - Direction

Decision(s):  The Minister, in pursuance of Article 23C of the Money Laundering (Jersey) Order 2008 decided to make the Iran Financial Restrictions Direction.

Reason(s) for Decision:  This action arises from the recent calls from the Financial Action Task Force (FATF) for countries to apply effective counter-measures to protect their financial sectors from money laundering and financing of terrorism risks emanating from Iran. The FATF (the global standard setting body for anti-money laundering and combating the financing of terrorism) renewed these calls with urgency on 28th October 2011 and noted its particular and exceptional concern about Iran’s failure to address the risk of terrorist financing and the serious threat this poses to the integrity of the international financial system.

 

In light of these risks to Jersey’s interests, it is considered a proportionate response to require the financial services sector to cease all business relationships and transactions with Iranian banks and their branches and subsidiaries, including the Central Bank of Iran.  Experience under existing UN and EU financial sanctions against Iran demonstrates that targeting individual Iranian banks is not sufficient. Once one bank is targeted, a new one can step into its place.

 

The measures will protect the financial services sector in Jersey from the risk of unwittingly being used to facilitate money laundering activities and financing of terrorism, and signals to Iran and the international community that we consider this risk to be significant.

 

These actions are being taken in coordination with other countries, including a direct request from HM Treasury which strongly encourages Jersey to take action. 

 

In accordance with Article 23C(1) of the Money Laundering (Jersey) Order 2008, the Jersey Financial Services Commission has been consulted and is content with the direction.

Resource Implications:  There are no resource implications arising from this decision.

Action required:  The Minister is requested to approve and sign the Iran Financial Restrictions Direction as attached.

The Treasury and Resources Department should –

(a)   forward the Direction to the Jersey Financial Services Commission and request that they publish the Direction for the information of the finance industry;

(b)   forward a copy of this decision to the States Greffe and request that notice of the Direction is published.

Signature:

 

 

 

 

Position: Senator  P F C Ozouf, Minister for Treasury and Resources

 

                 

 

Date Signed:

 

Date of Decision:

 

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