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EU Legislation (Sanctions - Belarus) (Amendment) (Jersey) Order 2015

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 2 December 2015:

MINISTERIAL DECISION REFERENCE:    MD-ER-2015-0061

DECISION SUMMARY TITLE:  EU Legislation (Sanctions – Belarus) (Amendment) (Jersey) Order 2015

DECISION SUMMARY AUTHOR:

External Relations

25 November 2015

IS THE DECISION SUMMARY PUBLIC OR EXEMPT?  

Public

REPORT TITLE:  EU Legislation (Sanctions – Belarus) (Amendment) (Jersey) Order 2015

REPORT AUTHOR OR NAME OF PERSON GIVING REPORT:  (if different from Decision  Summary Author)

Law Draftsman

20 November 2015

IS THE REPORT PUBLIC OR EXEMPT 

Public

DECISION AND REASON FOR THE DECISION:

The Minister for External Relations, in pursuance of Article 2 of the European Union Legislation (Implementation) (Jersey) Law 2014 and having regard to Council Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus, made the EU Legislation (Sanctions – Belarus) (Amendment) (Jersey) Order 2015.

On 29 October 2015, the Council of the European Union adopted Regulation (EU) 2015/1948, amending Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus.  The proposed Order would give effect in Jersey to the above measures, in accordance with the common external relations policy of the Council of Ministers.  

This Order suspends freezing measures against persons listed in a new Annex IV to Regulation (EC) No 765/2006.

The list, in Annex I to Regulation (EC) No 765/2006, of those on whom the freezing measures are imposed (subject to any suspension) has also separately been amended, most recently by Council Implementing Regulation (EU) 2015/1949 of 29 October 2015.  But those listing amendments are separately given effect by the ambulatory reference to the Annexes in the original Order.

RESOURCE IMPLICATIONS:

There are no resource implications arising from this legislation.

ACTION REQUIRED:

External Relations shall –

(1) inform the Assistant Greffier of the States and the States Greffe Publications Editor immediately the Order is made, and request the Greffier of the States to arrange for the making of the Order to be notified to the States;

(2) deliver the signed and sealed order to the Publications Editor.

SIGNATURE:

 

 

 

POSITION:

 

Minister for External Relations

 

 

 

DATE SIGNED  2 December 2015

EFFECTIVE DATE OF THE DECISION

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