Chief Minister's Department: Delegation of Function

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 5 December 2011:

Decision Reference: MD-C-2011-0146
Decision Summary Title :	Delegation of Function – Authorisation of transactions in connection with Iran Sanctions		Date of Decision Summary:	1st December 2011
Decision Summary Author:	International Relations		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Delegation of Function – Authorisation of transactions in connection with Iran Sanctions		Date of Written Report:	1st December 2011
Written Report Author:	International Relations		Written Report : Public or Exempt?	Public
Subject: Delegation of function – Authorisation of transactions in connection with Iran Sanctions
Decision(s): The Chief Minister decided: to delegate, in accordance with Article 28 of the States of Jersey Law 2005 and Article 4 of the Community Provisions (Restrictive Measures – Iran) (Jersey) Order 2010, his functions in respect of the authorisation of certain actions in pursuance of Council Regulation (EU) No 961/2010, as amended, on restrictive measures against Iran, as set out in the attached report; to validate all such authorisations that had been given since 18 November 2011 under the previous Chief Minister’s delegation.
Reason(s) for Decision: The government of Jersey has implemented sanctions measures in respect of Iran which are consistent with those of the European Union. In accordance with those measures the Chief Minister is required or permitted to authorise certain actions, subject to the provisions of Regulation 961/2010 as amended and under appropriate terms and conditions. It is expedient in the interests of efficient government to delegate those functions to authorised officials.
Resource Implications: There are no resource implications arising for the States. Where there may be costs involved in any assessment of requests for authorisation, the Chief Minister or delegate may charge a fee for the assessment.
Action required: The Greffier of the States is requested to present the attached report to the States Assembly.
Signature:		Position: Senator I J Gorst, Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):

Chief Minister's Department: Delegation of Function

Ministerial Decision Report

Delegation of function – authorisation of actions in connection with Iran sanctions

Article 28 of the States of Jersey Law 2005 enables a Minister to delegate functions as follows:

(1) A Minister may delegate, wholly or partly, functions conferred upon or vested in the Minister by or under this Law or any other enactment or any enactment of the United Kingdom having effect in Jersey, to –

(a) one of his or her Assistant Ministers;

(b) an officer.

(2) A Minister shall not delegate –

(a) any power to make an enactment;

(b) any power to decide an appeal under an enactment;

(3) The delegation of functions by a Minister under this Article shall not prevent the Minister exercising those functions personally.

Definition –

“officer” means a person employed under the Civil Service Administration (Jersey) Law 1948 whose duties are wholly or mainly administrative, professional, technical or clerical and includes a member of the States of Jersey Police Force and an officer appointed under paragraph 1(1) of Part 1 of Schedule 2 to the Immigration Act 1971 as extended to Jersey by the Immigration (Jersey) Order 1993.

Article 4 of the Community Provisions (Restrictive Measures – Iran) (Jersey) Order 2010 provides that:

The Minister may, to such extent and subject to such restrictions and conditions as he or she may think proper, delegate or authorize the delegation of any of his or her functions under this Order to any person, or class or description of person, approved by the Minister.

Council Regulation EU No 961/2010, as applied in Jersey, permit or require authorisation of certain actions by the competent authorities of the territory concerned, subject to the specified requirements, exceptions and conditions.

For the purposes of implementing the above Regulation in Jersey, the Chief Minister is treated as the competent authority.

It is recommended that the Chief Minister should delegate his functions in accordance with the following Articles of Council Regulation EU No 961/2010, as given effect in Jersey, subject to the relevant restrictions and conditions:

Legislation:	Community Provisions (Restrictive Measures – Iran) (Jersey) Order 2010
Delegate:	Function delegated:
Agent of the Impôts	Council Regulation (EU) No 961/2010 (‘the Regulation’) as given effect in Jersey: EXPORT AND IMPORT RESTRICTIONS Article 3 prior authorisation for the sale, supply, transfer or export, directly or indirectly, of the goods and technology listed in Annex IV, whether or not originating in the Union, to any Iranian person, entity or body or for use in Iran. Article 5 authorisation of: (a) technical assistance or brokering services related to goods and technology listed in Annex IV and to the provision, manufacture, maintenance and use of those items, directly or indirectly to any Iranian person, entity or body or for use in Iran; (b) financing or financial assistance related to goods and technologies referred to in Annex IV, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of those items, or for any provision of related technical assistance, directly or indirectly, to any Iranian person, entity or body or for use in Iran. Article 7 authorisation for a transaction in relation to goods and technology referred to in Article 2(1) or assistance or brokering services referred to in Article 5(1).
	Scope of delegation: Subject to the requirements of the Regulation. The delegate may not refuse, annul, suspend, substantially limit or revoke any authorisation, which should be considered by the Chief Minister. The delegate may not grant an authorisation to himself.
Director of International Affairs or deputy	RESTRICTIONS ON FINANCING OF CERTAIN ENTREPRISES Article 12 and Article 13 authorisation of the making of an investment through transactions referred to in Article 11(1) in an Iranian person, entity or body engaged in the manufacture of goods or technology listed in Annex IV. FREEZING OF FUNDS AND ECONOMIC RESOURCES Articles 17, 18 and 19 to authorise the release of certain frozen funds or economic resources. RESTRICTIONS ON TRANSFERS OF FUNDS AND ON FINANCIAL SERVICES Article 21 prior authorisation of a transfer of or above EUR 40 000 or equivalent, to or from an Iranian person, entity or body. The delegate may determine and charge a fee for the assessment of requests for authorisation commensurate with the costs incurred.
	Scope of delegation: Subject to the requirements of the Regulation. The delegate may not refuse any authorisation which would otherwise be permissible under the Regulation, unless agreed by the Chief Minister. The delegate may not grant an authorisation to himself.