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Export Control (Jersey) Law 200-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (31.01.08) to approve the draft Export Control (Jersey) law 200-

Decision Reference:                 MD-HA-2008-0009

Decision Summary Title :

 

Date of Decision Summary:

10 January 2008

Decision Summary Author:

 

David Nurse, Director Customs and Excise

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 :

Draft Export Control (Jersey) Law 200-

Date of Written Report:

10 January 2008

Written Report Author:

David Nurse, Director Customs and Excise

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

Draft Export Control (Jersey) Law 200-

Decision(s):

The Minister approved the draft Export Control (Jersey) Law 200- for debate by the States Assembly and instructed that the draft be lodged au Greffe.  The Minister also signed the Statement of Compatibility confirming that the provisions of the draft Law were compatible with the European Convention on Human Rights

Reason(s) for Decision:

To control trade in, and acquisition of, military and duel use goods and the technology to produce and develop them. In particular to prohibit “exports” of military and duel use goods, give new power to control export of military or duel use technology, so called “intangibles”, and to establish certain ancillary measures, particularly as to controls of trafficking and brokering in controlled goods and technology and to allow export controls on articles of cultural interest.

Resource Implications:

None

Action required:

The draft Export Control (Jersey) Law 200- to be lodged au Greffe: the Executive Officer, Home Affairs Department to liaise with the Greffier of the States on the basis that the draft Law was to be requested to be taken into consideration by the States on 1st April 2008

Signature:

 

 

Position:

Minister for Home Affairs

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

 

 

 

 

 

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