International Sanctions Measures: Memorandum of Understanding with Foreign and Commonwealth Office

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.

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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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 11 March 2015:

MINISTERIAL DECISION REFERENCE: MD-ER-2015-0018
DECISION SUMMARY TITLE: MOU concerning proposals for listing and requests for de-listing from international sanctions measures
DECISION SUMMARY AUTHOR:	External Relations	IS THE DECISION SUMMARY PUBLIC OR EXEMPT?		Public
REPORT TITLE: Memorandum of Understanding between the Foreign and Commonwealth Office (“FCO”) and the Minister for External Relations of Jersey (“the competent authority”) concerning proposals for listing and requests for de-listing from international sanctions measures in relation to Jersey.
REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: (if different from Decision Summary Author)	External Relations	IS THE REPORT PUBLIC OR EXEMPT		Public
DECISION AND REASON FOR THE DECISION: The Minister for External Relations authorised the Head of International Compliance Strategy to sign, on behalf of the Government of Jersey, a Memorandum of Understanding between the Foreign and Commonwealth Office and the Minister for External Relations of Jersey concerning proposals for listing and requests for de-listing from international sanctions measures in relation to Jersey. International sanctions given effect in Jersey may provide, in specified circumstances, for the listing (‘designation’) of certain individuals or entities in respect of which restrictions are enforceable. In the event that the Government of Jersey wishes to propose the listing of a person in connection with sanctions, that proposal must be made to the relevant organisation - i.e. the United Nations (‘UN’) or the European Union (‘EU’). In the event that a person believes that a listing is inappropriate or incorrect, an application may be made to the relevant organisation for the person to be de-listed. Ordinarily, an application for de-listing may be made by the person concerned directly to the UN or EU. However, having regard to the implementation of the restrictive measures in Jersey law, it is also necessary that a person listed by the UN who is resident in Jersey or which is established under Jersey law should have a mechanism in Jersey to apply for de-listing. As Jersey does not have a direct relationship with the UN or EU, it is necessary for any proposal for listing or application for de-listing to be conveyed by the United Kingdom (as the UN member or EU member state responsible for Jersey’s international representation) to the respective organisation. The United Kingdom Foreign and Commonwealth Office, acting as the state party, has proposed a memorandum of understanding concerning proposals for listing and requests for de-listing from international sanctions measures in relation to Jersey.
RESOURCE IMPLICATIONS: There are no resource implications arising from this decision.
ACTION REQUIRED: The Head of International Compliance Strategy shall, on behalf of the Government of Jersey, sign the Memorandum of Understanding with the UK Foreign and Commonwealth Office.
SIGNATURE:			POSITION: Minister for External Relations

DATE SIGNED			EFFECTIVE DATE OF THE DECISION

International Sanctions Measures: Memorandum of Understanding with Foreign and Commonwealth Office

MEMORANDUM OF UNDERSTANDING

BETWEEN

The Foreign and Commonwealth Office (“FCO”)

and

The Minister for External Relations of Jersey (“the competent authority”)

CONCERNING PROPOSALS FOR LISTING AND REQUESTS FOR DE-LISTING FROM INTERNATIONAL SANCTIONS MEASURES IN RELATION TO JERSEY

Whereas international sanctions measures are implemented by Jersey and Jersey remains committed to implementing international sanctions in line with international best practice;

Whereas international sanctions measures include the listing of particular persons or entities subject to asset freezes or other restrictions by United Nations Security Council resolutions, European Union Decisions and Regulations and HM Treasury designations under the Terrorist Asset Freezing etc. Act 2010;

Whereas there is a need for these listings to be based on reliable and up to date information if international sanctions measures are to be implemented effectively;

Whereas it is recognised that Jersey does not have a direct relationship with the United Nations and the European Union;

Whereas it is recognised that the FCO does not play a formal role representing residents of the UK or Crown Dependencies before those bodies in matters related to sanctions de-listings requests;

Now, therefore, the FCO and the competent authority have decided the following procedure for dealing with any proposals for listing or de-listing requests in respect of listings by United Nations Security Council resolutions, European Union Decisions and Regulations and HM Treasury designations under the Terrorist Asset Freezing etc. Act 2010 that may be made or received as the case may be by the competent authority;

Nominated Point of Contact

The FCO will nominate one or more contact points for the purposes of dealing with proposals for listing or de-listing requests from Jersey. The competent authority will nominate one or more contact points for the purposes of dealing with proposals for listing or de-listing requests. In the event of a change of nominated contact point, this will be communicated to the other Participant as soon as possible.

Proposals for Listing from the Competent Authority

Where the competent authority wishes to propose a person or entity for listing, it will transmit its proposal along with the necessary underlying evidence to the contact point in the FCO who will acknowledge receipt and keep the competent authority informed of decisions made in respect of the proposal.

Transmission of Requests from Listed Persons or Entities

Requests for de-listing from an EU autonomous sanctions regime should be directed in the first instance to relex-sanctions@ec.europa.eu. The FCO does not play a role in transmitting these requests to the relevant EU Council authorities.

Requests for de-listing from a UN sanctions regime can be submitted through the UN focal point at delisting@un.org, or through the state of residence or citizenship. Any request for de-listing from a UN sanctions regime received by the competent authority and any further information supplied will be transmitted promptly by a nominated contact point to the nominated person in the FCO.

Receipt of proposals or requests

The FCO will acknowledge receipt of a proposal for listing or a de-listing request from Jersey promptly and subject to the provisions of this Memorandum of Understanding, it will deal with a proposal for listing or a request for de-listing from Jersey under the same procedures that it uses for making its own proposals for listing or dealing with requests for de-listing from persons within the United Kingdom, as the case may be.

Additional Information

If the competent authority receives a de-listing request which it considers to be insufficiently clear or detailed to justify transmission to the FCO, it will require the person making the request to supply any necessary information before taking any further steps.

If at any time the FCO requires additional information in order to deal with a proposal for listing or a de-listing request from Jersey, it will ask the competent authority for the necessary information. If the competent authority has such information it will ordinarily provide it within 7 days of receiving the request. Otherwise, in the case of de-listing requests the competent authority will require the person who made the request to provide the information and ordinarily will pass the information on to the FCO within 7 days of receiving it.

The competent authority is responsible for ensuring that there are no legal impediments to the transmission of all necessary information to the FCO.

Updates

The FCO will inform the competent authority of the progress of proposals for listing or de-listing requests at regular intervals or upon request by the competent authorities.

The competent authority will inform an applicant for de-listing of the progress of the request when it considers appropriate and will notify such an applicant of the outcome of such a request at the earliest opportunity.

Confidentiality

All information provided and received by the competent authority or the FCO pursuant to this Memorandum of Understanding will be kept confidential.

Such information will not be disclosed other than to persons or authorities concerned with the purposes specified in this Memorandum of Understanding, and will be used by such persons or authorities only for such purposes.

Such information may not be used for any purpose other than for the purposes specified in this Memorandum of Understanding without the express written consent of the competent authority.

Information provided to the competent authority or to the FCO pursuant to this Memorandum of Understanding may not be disclosed to any other jurisdiction without the consent of the party that provided it.

Information

The competent authority will publish information identifying itself as the contact point within Jersey to deal with de-listing requests. The competent authority will also publish contact details in respect of the United Nations, the European Union and HM Treasury for the information of any person who wishes to contact any of those parties directly.

Status

The foregoing represents the understanding reached between the Participants on the matters referred to in this MOU.

This MOU is a statement of intent, but is not intended as a legally binding document and does not create legal obligations between the Participants.

Coming into effect

This MOU will come into effect on the date of the later signature and will remain valid for a period of 5 (five) years. It may be terminated earlier by one Participant giving the other Participant written notice at least 90 days before the suggested date of termination.

Signed in duplicate, one copy for each Participant:

FOR THE FOREIGN AND COMMONWEALTH OFFICE

Signed________________________

Position______________________

Date_________________________

FOR THE MINISTER FOR EXTERNAL RELATIONS OF JERSEY

Signed________________________

Position______________________

Date__________________________