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Customs and Immigration (Import and Export Control) (Jersey) Order 2006: Amendment: Law drafting instructions

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.

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A decision made 4 December 2020:

Ministerial decision reference: MD-HA-2020-0081    

Decision summary title Law drafting instruction: Customs and Immigration (Import and Export Control) (Jersey) Order 2006 - amendments

Decision summary author

Customs Brexit Legal & Policy Principal

Is the decision summary public or exempt?  

Public

Report title Customs and Immigration (Import and Export Control) (Jersey) Order 2006 - amendments

Report author or name of

person giving report

Customs Brexit Legal & Policy Principal

Is the report public or exempt?

Exempt

Article 35 of FOI Law

Decision and reason for the decision

By virtue of Article 19 of the Customs and Excise (Jersey) 1999 Law, the Minister may by Order make such provisions as the Minister thinks expedient for prohibiting or regulating the importation into, or exportation from the Bailiwick, of all goods or goods of any specified description.

 

In light of the United Kingdom’s (‘’UK’’) exit from the European Union (‘’EU’’) on 31st January 2020 and any consequential effects for the Bailiwick’s import and export controls, minor amendments to the 2006 Order are required to ensure the import and export control provisions are commensurate to the changed circumstances; and retain workable legal and administrative frameworks to control the import and export of such goods.

 

Additional provision is made to strengthen the Bailiwick’s controls by providing for control on the export of radioactive ‘goods’ as stipulated in the UK ‘’The Export of Radioactive Sources (Control) Order 2006 S.I. 2006/1846’’, not currently provided for by the current 2006 Order.  The UK Order establishes a list of high activity radioactive sources which may not be exported without a licence. The introduction of the UK Order was motivated by a concern that certain criminal or terrorist groups may seek radioactive material ultimately for the purposes of terrorist activities.

 

This additional control ensures that the Bailiwick mirrors the UK’s export control framework for ‘strategic goods’, amended as appropriate for the Island’s circumstances. 

Resource implications:  There are no financial or manpower implications arising from this decision.

Action required The Principal Law Drafter is requested to arrange for the preparation of the necessary legislation to give effect to the Law drafting instruction set out in the Report.

Signature

 

 

 

 

Position

 

 

 

 

 

 

Date signed

 

Effective date of the decision

 

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