World Trade Organisation membership (FOI)

Request

Please can you provide a copy of the terms of Jersey's membership of the World Trade Organisation?

I understand that some of the content may be sensitive, and would therefore welcome a redacted copy of the requested document.

Response

The External Relations Minister, Senator Ian Gorst, issued a statement on extension of the UK’s independent World Trade Organisation membership on the 18 October 2019. A link to the statement can be found is below:

Statement on World Trade Organisation membership

Other information on our files relating to the World Trade Organisation is qualified exempt under Article 41 (1)(a) and (3)(a) of the Freedom of Information (Jersey) Law 2011 and is, therefore, withheld.

Article applied

Article 41 International relations

(1) Information is qualified exempt information if its disclosure would, or would be likely to, prejudice relations between Jersey and –

(a) the United Kingdom;

(b) a State other than Jersey;

(c) an international organization; or

(d) an international court.

(2) Information is qualified exempt information if its disclosure would, or would be likely to, prejudice –

(a) any Jersey interests abroad; or

(b) the promotion or protection by Jersey of any such interest.

(3) Information is also qualified exempt information if it is confidential information obtained from –

(a) a State other than Jersey;

(b) an international organization; or

(c) an international court.

(4) In this Article, information obtained from a State, organization or court is confidential while –

(a) the terms on which it was obtained require it to be held in confidence; or

(b) the circumstances in which it was obtained make it reasonable for the State, organization or court to expect that it will be so held.

(5) In this Article –

“international court” means an international court that is not an international organization and that was established –

(a) by a resolution of an international organization of which the United Kingdom is a member; or

(b) by an international agreement to which the United Kingdom was a party;

“international organization” means an international organization whose members include any two or more States, or any organ of such an organization;

“State” includes the government of a State and any organ of its government, and references to a State other than Jersey include references to a territory for whose external relations the United Kingdom is formally responsible.

Public Interest Test

It is recognised that there is a public interest in providing transparency about Jersey’s extension of the UK’s World Trade Organisation membership. However, we do not believe the disclosure of any further World Trade Organisation information we hold would increase the public’s understanding of Jersey’s relationship with the UK and the World Trade Organisation.

We also believe that the effective conduct of international relations is based upon maintaining the trust and confidence of foreign states and disclosure of the information would be likely to prejudice these international relations.

Having considered the public interest, we conclude that the public interest in disclosing this information is outweighed by the public interest considerations in withholding the information.