Government of Jersey

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 regarding: 5 August 2010 regarding: Community Provisions (Restrictive Measures - Iran) (Amendment No. 3) (Jersey) Order 2010.

Decision Reference: MD-C-2010-0076
Decision Summary Title :	Sanctions - Iran (Amendment No.3) 2010.08.03		Date of Decision Summary:	03.08.2010 Int. 25/32
Decision Summary Author:	International Relations		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Draft Order		Person Giving Oral Report:	International Relations
Written Report Title :	Community Provisions (Restrictive Measures – Iran) (Amendment No.3) (Jersey) Order 201-		Date of Written Report:	03.08.2010
Written Report Author:	Law Draftsman		Written Report : Public or Exempt?	Public
Subject: Community Provisions (Restrictive Measures – Iran) (Amendment No.3) (Jersey) Order 2010
Decision(s): The Chief Minister, in pursuance of Article 2 of the European Communities Legislation (Implementation) (Jersey) Law 1996 and having regard to Council Regulation (EC) No. 423/2007 concerning restrictive measures against Iran, as amended to 27 July 2010, has decided to make the Community Provisions (Restrictive Measures – Iran) (Amendment No.3) (Jersey) Order 2010
Reason(s) for Decision: The Community Provisions (Restrictive Measures – Iran) (Jersey) Order 2007 was introduced in accordance with a policy to implement sanctions measures in Jersey equivalent to those of the international community, in particular Council Regulation (EC) No.423/2007 of 7 April 2007. On 26 July 2010, the Council of the European Union determined that certain additional persons, entities and bodies should be listed as sanctions targets for the individual and specific reasons given in the Schedule to this Order. These targets comprise: · persons, entities and bodies involved in nuclear or ballistic missiles activities, · persons, entities and bodies connected with the Islamic Revolutionary Guard Corps (IRGC), · the Islamic Republic of Iran Shipping Lines (IRISL) including all branches and subsidiaries.
Resource Implications: There are no manpower or revenue implications arising.
Action required: The Chief Minister should sign and seal the attached Community Provisions (Restrictive Measures – Iran) (Amendment No.3) (Jersey) Order 201-. The Chief Minister’s Department shall – (1) inform the Assistant Greffier of the States and the States Greffe Publications Editor immediately the Order is made. (2) deliver the signed and sealed order to the Publications Editor.
Signature:		Position: Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):

Community Provisions (Restrictive Measures - Iran) (Amendment No. 3) (Jersey) Order 2010

Community Provisions (Restrictive Measures – Iran) (Amendment No. 3) (Jersey) Order 201-

Explanatory Note

This Order further amends the Community Provisions (Restrictive Measures – Iran) (Jersey) Order 2009 to reflect Council Implementing Regulation (EU) No 668/2010 of 26 July 2010, by adding further entries to the list of persons, entities and bodies in or connected with Iran whose funds and economic resources are frozen.

Article 1 defines the Community Provisions (Restrictive Measures – Iran) (Jersey) Order 2009 as the principal Order.

Article 2 amends the principal Order’s definition of the Council Regulation to include the amendment by Regulation (EU) No 668/2010.

Article 3 adds paragraphs to Article 8 of the principal Order (freezing assets of persons and bodies listed in Schedule 6), to clarify its application to 3 of the newly listed bodies. The new paragraph (5) clarifies the extent of the freezing in relation to the Islamic Republic of Iran Shipping Lines, as provided for in paragraph (3) of the preamble to Regulation (EU) No 668/2010. The new paragraph (6) clarifies that the listing of “Assa Corporation Ltd”, with an address in Jersey, does not imply that that body is entitled to use that name or address under Jersey law or that the body complies with Jersey company law in any other way. The new paragraph (7) clarifies that the duty of Bank Saderat, under Article 14, to notify the Minister of its transfers, does not limit the effect of the amendment freezing that bank’s funds and economic resources.

Article 4 amends Schedule 6 to the principal Order to add in the persons and bodies listed in the Schedule to this Order (freezing their funds and economic resources).

Article 5 gives the title of the Order and provides for it to come into force forthwith.

The Schedule contains details of the persons and bodies to be added to the end of Schedule 6 to the principal Order.

Community Provisions (Restrictive Measures – Iran) (Amendment No. 3) (Jersey) Order 201-

Arrangement

Article

Community Provisions (Restrictive Measures – Iran) (Amendment No. 3) (Jersey) Order 201-

Made [date to be inserted]

Coming into force [date to be inserted]

THE CHIEF MINISTER, in pursuance of Article 2 of the European Communities Legislation (Implementation) (Jersey) Law 1996 and having regard to Council Regulation (EC) No. 423/2007 of 19 April 2007 concerning restrictive measures against Iran, as amended to 27 July 2010, orders as follows –

1 Interpretation

In this Order “principal Order” means the Community Provisions (Restrictive Measures – Iran) (Jersey) Order 2009.

2 Article 1 amended

In Article 1 of the principal Order, after paragraph (k) of the definition “Council Regulation”, there shall be inserted the following paragraph –

“(l) Council implementing Regulation (EU) No 668/2010 of 26 July 2010 (OJ L195, 27.7.2010, p.25);”.

3 Article 8 amended

At the end of Article 8 of the principal Order there shall be added the following paragraphs –

“(5) The obligation to freeze economic resources of designated entities of the Islamic Republic of Iran Shipping Lines (IRISL) does not require the impounding or detention of vessels owned by such entities or the cargoes carried by them insofar as such cargoes belong to third parties, nor does it require the detention of the crew contracted by them.

(6) The listing in Schedule 6 of the entry related to “Assa Corporation Ltd” with an address in Jersey is not to be construed as implying that that body –

(a) is validly incorporated in Jersey, whether as a company or otherwise, and whether under that name or otherwise;

(b) has any right to make any use of that address for any purpose; or

(7) Nothing in Article 13(2)(a) or 14 is to be construed as limiting the effect of this Article in relation to the listing in Schedule 6 of the entries related to Bank Saderat, its branches and subsidiaries.”.

4 Schedule 6 amended

At the end of Schedule 6 to the principal Order there shall be added the headings and entries contained in the Schedule to this Order.

5 Citation and commencement

This Order may be cited as the Community Provisions (Restrictive Measures – Iran) (Amendment No. 3) (Jersey) Order 201- and shall come into force forthwith.

SCHEDULE

(Article 4)

Entries to be added to list of legal persons, entities and bodies in Schedule 6 to principal Order

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Draft 4 – 4 August 2010

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