Taxation (Implementation) (International Tax Compliance) (United Kingdom) (Amendment) (Jersey) Regulations 201-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 18 December 2015:

Decision Reference: MD-ER-2015-0066
Decision Summary Title :	The Taxation (Implementation)(International Tax Compliance)(United Kingdom) (Amendment) (Jersey) Regulations 201-		Date of Decision Summary:	18 December 2015
Decision Summary Author:	External Relations		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	The Taxation (Implementation)(International Tax Compliance)(United Kingdom) (Amendment) (Jersey) Regulations 201-		Date of Written Report:	18 December 2015
Written Report Author:	Adviser – International Affairs		Written Report : Public or Exempt?	Public
Subject: The Taxation (Implementation)(International Tax Compliance)(United Kingdom) (Amendment) (Jersey) Regulations 201-
Decision(s): The Minister for External Relations approved for lodging ‘au Greffe’ the Draft Taxation (Implementation)(International Tax Compliance)(United Kingdom) (Amendment) (Jersey) Regulations 201-
Reason(s) for Decision: The States on the 1 December 2015 made the Taxation (Implementation) (International Tax Compliance)(Common Reporting Standard) (Jersey) Regulations 2015. The Regulations provide for the automatic exchange of information to the Common Reporting Standard for the more than 90 jurisdictions that are committed to the Standard. In October 2013 Jersey signed an intergovernmental agreement with the United Kingdom which provided for the automatic exchange of information between Jersey and the United Kingdom and to implement the agreement the States made the Taxation(Implementation)(International Tax Compliance)(United Kingdom)(Jersey) Regulations 2014. Jersey and the United Kingdom have now agreed that for the future automatic exchange of information between them should be to the Common Reporting Standard. The Amending Regulations provide for the transition from the existing 2014 Regulation to the 2015 Common Reporting Standard Regulations. In making the transition with effect from the 1 January 2016 the United Kingdom was concerned that information in respect of some reportable accounts in 2016 that would have been reportable under the intergovernmental agreement would not be reportable under the Common Reporting Standard, and requested that provision be made for this potential gap to be avoided. The Amended Regulations provide for this. The 2014 Regulations also provide for alternative reporting arrangements for financial accounts held in Jersey by those residents of the United Kingdom who are in the “resident non-domiciled” category. The Common Reporting Standard does not provide for such alternative arrangements and the Amended Regulations provide that for reportable accounts in 2016 any election to apply the alternative reporting regime provided for in the 2014 Regulations is of no effect. For reportable accounts in 2015 which are to be reported to the Comptroller of Taxes by the 30 June 2016 the 2014 Regulations continue to apply and the Amending Regulations provide for this. The penalties for non-compliance in the 2014 Regulations differ from those in the Common Reporting Standard Regulations and it is considered that the penalties provisions in the 2014 Regulations should be brought into line with those in the Common Reporting Standard Regulations. The Amending Regulations provide for this.
Resource Implications: There are no financial or manpower implications arising from the Regulations
Action required: The Greffier of the States is requested to lodge ‘au Greffe’ the Draft Regulations cited above with a view to securing the earliest possible date for debate.
Signature:		Position: Minister for External Relations
Date Signed: 18 December 2015		Date of Decision (If different from Date Signed):