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Sanctions and Asset-Freezing (Miscellaneous Amendments - Information) (Jersey) Order 2019

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 18 July 2019

MINISTERIAL DECISION REFERENCE:    MD-ER-2019-0046

DECISION SUMMARY TITLE:     Sanctions and Asset-Freezing (Miscellaneous Amendments – Information) (Jersey) Order 2019

DECISION SUMMARY AUTHOR:

Head of International Compliance

IS THE DECISION SUMMARY PUBLIC OR EXEMPT?  

Public

REPORT TITLE:     Sanctions and Asset-Freezing (Miscellaneous Amendments – Information) (Jersey) Order 2019

REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: 

Head of International Compliance

IS THE REPORT PUBLIC OR EXEMPT? 

Public

DECISION AND REASON FOR THE DECISION:

Existing Jersey sanctions Orders were made under the European Union Legislation (Implementation) (Jersey) Law 2014, but will be preserved under Article 48 of the Sanctions and Asset-Freezing (Jersey) Law 2019 (“SAFL”), when it comes into force on 19 July 2019.

The Minister for External Relations made the Sanctions and Asset-Freezing (Miscellaneous Amendments – Information) (Jersey) Order 2019 (“the Order”), which introduces a number of technical amendments to the EU Legislation (Sanctions) (General Provisions) (Jersey) Order 2014 (“the General Provisions Order”) to ensure that existing Jersey sanctions Orders continue to work as intended when SAFL comes into force.

The Order makes the following four amendments:

i) it amends the General Provisions Order to ensure that the information provisions in Jersey sanctions Orders are not limited by the applicable provisions of SAFL;

ii) it deletes Article 14A of the General Provisions Order, which ensured that asset-freeze designations made by the United Nations for sanctions regimes already in force in Jersey were effective immediately. That provision is no longer needed because its work is done instead by Article 29(1) of SAFL;

iii) it amends the EU Legislation (Sanctions – Russia) (Jersey) Order 2014 to reflect the fact that the information provisions of SAFL apply without restriction as there are no equivalent information provisions in Council Regulation (EU) 833/2014, which this Order implements;

iv) it amends the EU Legislation (Sanctions – Ukraine) (Jersey) Order 2014 to reflect the fact that the information provisions of SAFL apply without restriction in respect of Council Regulation (EU) 692/2014, which is one of the EU sanctions regulations that this Order implements, as there are no equivalent information provisions in this regulation.

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:

 

 

SENATOR IAN GORST

POSITION:

 

 

MINISTER FOR EXTERNAL RELATIONS

 

 

DATE SIGNED

EFFECTIVE DATE OF THE DECISION

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