P.191/2010 Draft Terrorist Asset-Freezing (Jersey) Law 201-

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A decision made 18 January 2011 regarding: P.191/2010 Draft Terrorist Asset-Freezing (Jersey) Law 201- - Amendment.

Decision Reference: MD-C-2011-0005
Decision Summary Title :	Terrorist Asset-Freezing Law - amendment		Date of Decision Summary:	17.1.2011
Decision Summary Author:	International Relations		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Draft Terrorist Asset-Freezing (Jersey) Law 201- amendment		Date of Written Report:	17.1.2011
Written Report Author:	International Relations		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Draft Terrorist Asset-Freezing (Jersey) Law 201- (P.191/2010) amendment
Decision(s): The Chief Minister approved the amendment to the Draft Terrorist Asset-Freezing (Jersey) Law 201- (P.191/2010) and requested that it be lodged ‘au Greffe’ at the earliest opportunity.
Reason(s) for Decision: After the draft Terrorist Asset-Freezing (Jersey) Law 201- was lodged, consultation took place with HM Treasury on the draft legislation in order to ensure consistent implementation with the equivalent UK Act and to facilitate early progress when it is referred for Royal Assent. It was not possible to consult with HM Treasury prior to this, since the UK Act did not complete its Parliamentary stages until 23 December 2010. Following consultation, HM Treasury offered a number of constructive comments. It is proposed to incorporate some of the points in an amendment to the original Projet as lodged. The draft amendments are attached.
Resource Implications: There are no manpower or resource implications arising from this decision.
Action required: Chief Minister’s Department to request the Greffier of the States to arrange for the amendment to be lodged ‘au Greffe’ at the earliest opportunity to enable this to be debated together with the original Projet.
Signature:		Position: Senator T.A. Le Sueur, Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):

P.191/2010 Draft Terrorist Asset-Freezing (Jersey) Law 201- - Amendment

DRAFT REPORT TO THE STATES

STATES OF JERSEY

DRAFT TERRORIST ASSET-FREEZING (JERSEY) LAW 201- (p.191/2010): AMENDMENT

Lodged au Greffe on 2011
by the Chief Minister

STATES GREFFE

DRAFT TERRORIST ASSET-FREEZING (JERSEY) LAW 201- (P.191/2010): AMENDMENT

1 PAGE 24, ARTICLE 19 –

For Article 19 substitute the following Article –

“19 Licences

(1) Article 13(1), 14(1), 15(1), 16(1) or 17(1) does not apply to anything done under the authority of a licence granted by the Chief Minister under this Article.

(2) The Chief Minister may grant a licence in respect of a designated person.

(3) A licence granted under this Article –

(a) must specify the acts authorized by it;

(b) may be general or granted to a category of persons or to a particular person;

(d) may be unlimited or limited in duration.

(4) The Chief Minister may at any time vary or revoke a licence granted under this Article.

(5) On the grant, variation or revocation of a licence under this Article, the Chief Minister must –

(a) in the case of a licence granted to a particular person, give written notice of the grant, variation or revocation to that person; or

(b) in the case of a general licence or a licence granted to a category of persons, take such steps as the Chief Minister considers appropriate to publicize the grant, variation or revocation of the licence.

(6) A person who, for the purpose of obtaining a licence under this Article, knowingly or recklessly –

(a) provides information that is false in a material respect; or

(b) provides or produces a document that is not what it purports to be,

commits an offence and is liable to imprisonment for a term of 2 years and to a fine.

(7) A person who purports to act under the authority of a licence granted under this Article but fails to comply with any condition to which the licence is subject commits an offence and is liable to imprisonment for a term of 2 years and to a fine.”.

2 PAGE 29, ARTICLE 25 –

For Article 25(1)(d) substitute the following sub-paragraph –

“(d) to any law officer of the Crown for Guernsey or of the Crown for the Isle of Man;”.

CHIEF MINISTER

Report

After the draft Terrorist Asset-Freezing (Jersey) Law 201- (P.191/2010) was lodged, consultation took place with HM Treasury on the draft legislation in order to ensure consistent implementation with the equivalent UK Act and to facilitate early progress when it is referred for Royal Assent. It was not possible to consult with HM Treasury prior to this time, since the UK Terrorist Asset-Freezing Act did not complete its Parliamentary stages until 23 December 2010.

Following consultation, HM Treasury offered a number of constructive comments. It is proposed to incorporate some of the points in an amendment to the original Projet as lodged.

The purpose of the amendment to Article 19 is to remove provisions which were intended to enable a licence issued by HM Treasury to have direct effect in Jersey, with appropriate adaptation. The purpose of a licence is to enable a person whose assets have been frozen to make payments for ordinary livings expenses, legal costs and other approved purposes.

However, it appears that it is not possible for UK licences to have direct effect in the way proposed since they usually make specific provisions which are not relevant elsewhere. Consequently, it is proposed that the Chief Minister may issue equivalent licences which are effective in Jersey. In doing so, the Chief Minister would take into consideration information regarding the purpose of the payments concerned and risk assessment.

The amendment to Article 25 is a minor correction.

Financial and manpower implications

There are no financial and manpower implications arising from this amendment.