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Asset Sharing Agreement between the Governments of the United States and Jersey: Ratification

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 27 February 2015:

Ministerial decision reference    MD-C-2015-0027

Decision summary title  Ratification of the Asset Sharing Agreement between the Governments of the United States and of Jersey

Decision summary author

External Relations

Is the decision summary public or exempt?  

Public

Report title   Agreement between the Government of the United States of America and the Government of Jersey regarding the sharing of confiscated or forfeited assets or their equivalent.

Report author or name of

person giving report

External Relations

Is the report public or exempt?

Public

Decision and reason for the decision

The Chief Minister decided to lodge ‘au Greffe’ the ratification of the Agreement between the Government of the United States of America and the Government of Jersey regarding the sharing of confiscated or forfeited assets or their equivalent.

The Chief Minister recalled that under the 1959 Council of Europe Convention on Mutual Legal Assistance, which was extended to the Island in 2008, there is an obligation to provide assistance in accordance with that convention. 

The Chief Minister noted that a delegation from the United States Justice Department visited the Island in 28th January 2015.  The Agreement was signed by Kenneth Blanco, a Deputy Assistant Attorney General of the United States.  The Attorney General, Timothy Le Cocq signed on behalf of Jersey having been given the necessary authority to do so by the Chief Minister.

The Chief Minister further noted that the Agreement is not effective until both Jersey and the United States have completed their internal procedures in order to bring it inforce.  In Jersey this requires the ratification of the States Assembly.

Resource implications

There are no manpower or financial implications save that the Island may receive funds in recognition of any assistance provided under the terms of the Agreement.

Action required

External Relations shall:-

  • Inform the States Greffe of the decision
  • Forward the Report and Proposition to the Publications Editor and request that the Greffier of the States arrange for the Report and Proposition to be lodged ‘au Greffe’ for debate at the earliest opportunity.

Signature

 

 

 

Position

 

Senator I J Gorst

Chief Minister

 

 

Date signed

 

Effective date of the decision

 

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