Draft Taxation (Implementation) (Disclosure Facility) (Jersey) Regulations 201-: Lodging

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 26 April 2013:

Decision Reference: MD-C-2013-0034
Decision Summary Title :	Taxation disclosure facility between the UK and Jersey - Memorandum of Understanding & Lodging of the Taxation (Implementation) (Disclosure Facility) (Jersey) Regulations 2013.		Date of Decision Summary:	26th April 2013
Decision Summary Author:	Project & Research Officer		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Lodging of the Taxation (Implementation) (Disclosure Facility) (Jersey) Regulations 2013.		Date of Written Report:	26th April 2013
Written Report Author:	Adviser – International Affairs		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Taxation disclosure facility between the UK and Jersey - Memorandum of Understanding; Taxation (Implementation) (Disclosure Facility) (Jersey) Regulations 201- Lodging.
Decision(s): The Chief Minister agreed to lodge the following for approval by the States – A report and proposition, the purpose of which was to approve a Memorandum of Understanding between Jersey and Her Majesty’s Revenue and Customs of the United Kingdom. The obligation to which Jersey has assented concerns a disclosure facility available to persons resident in the UK for UK tax purposes and who are clients of Jersey financial institutions (“relevant persons”). Draft Taxation (Implementation) (Disclosure Facility) (Jersey) Regulations 201- for debate by the States at the earliest opportunity.
Reason(s) for Decision: In March 2013 Jersey agreed a package of tax measures with the UK Government. Included in the package is a Disclosure Facility which gives relevant UK residents an opportunity to come forward voluntarily to regularise their tax affairs prior to information on their accounts in Jersey being subject to automatic exchange under the provisions of an intergovernmental agreement which is also to be part of the package. A Memorandum of Understanding has been signed by tax officials in Jersey and the UK. It includes the agreement of the Jersey authorities that they will require financial intermediaries in Jersey to contact their current clients who are relevant persons to advise them of the Facility, and to remind them of the Facility in the six months prior to its withdrawal in September 2016. How the financial intermediaries contact their current clients will be for each intermediary to decide and each of the clients contacted will decide for themselves whether to take advantage of the Facility. Under the Taxation (Implementation) (Jersey) Law 2004 Regulations to implement a tax agreement or obligation can only be made if the States have approved the agreement or obligation concerned. The Memorandum of Understanding needs to be approved by the States prior to the Regulations being adopted, but can be debated on the same day.
Resource Implications: There are no financial or manpower implications.
Action required: The Greffier of the States to be requested to lodge ‘au Greffe’ a) The attached report and proposition and accompanying Memorandum of Understanding between Jersey and Her Majesty’s Revenue and Customs of the United Kingdom. The obligation to which Jersey has assented concerns a disclosure facility available to persons resident in the UK for UK tax purposes and who are clients of Jersey financial institutions (“relevant persons”). b) the draft Taxation (Implementation) (Disclosure Facility) (Jersey) Regulations 201- for debate by the States at the earliest opportunity.
Signature:		Position: Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):