Allocation from Criminal Offences Confiscation Fund to Law Officers Department

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A decision made 11 May 2018:

Decision Reference: MD-TR-2018-0073
Decision Summary Title:	Application of COCF Funding to enable Jersey to become a donor nation to the International Centre for Asset Recovery (ICAR).		Date of Decision Summary:	5th May 2018
Decision Summary Author:	Head of Decision Support		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Application of COCF Funding to enable Jersey to become a donor nation to the International Centre for Asset Recovery (ICAR).		Date of Written Report:	5th May 2018
Written Report Author:	Head of Decision Support		Written Report : Public or Exempt?	Public
Subject: The allocation of £250,000 in 2018 from the Criminal Offences Confiscation Fund (COCF) to the Law Officers Department (LOD) revenue head of expenditure to enable Jersey to become a donor nation for the three years, 2018-2020 inclusive, to the International Centre for Asset Recovery (ICAR).
Decision(s): The Minister approved the allocation of £250,000 in 2018 from the Criminal Offences Confiscation Fund (COCF) to the LOD revenue head of expenditure to enable Jersey to become a donor nation for the three years, 2018-2020 inclusive, to the International Centre for Asset Recovery (ICAR).
Reason(s) for Decision: Article 19(1)(a) of the Public Finances (Jersey) Law 2005 states that if, during a financial year, the Minister is satisfied that the income of a States funded body is likely to exceed its estimated income, the Minister may authorise the body to withdraw from the consolidated fund during that year an amount not exceeding the likely excess of income. A request for funding from the COCF was made by the Law Officers Department in a letter dated 24th November 2017.
Resource Implications: The COCF to decrease by £250,000 and the LOD revenue head of expenditure to increase by an identical amount. This decision does not change the total amount of expenditure approved by the States for 2017-2019 in the Medium Term Financial Plan.
Action required: Head of Decision Support to advise the Director – LOD and the Head of Financial Performance Reporting – Treasury and Resources once this decision has been approved.
Signature:		Position: Senator A J H Maclean, Minister for Treasury and Resources
Date Signed:		Date of Decision:

Allocation from Criminal Offences Confiscation Fund to Law Officers Department

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Treasury and Resources

Ministerial Decision Report

Application of COCF Funding to enable Jersey to become a donor nation to the International Centre for Asset Recovery (ICAR).

Purpose of Report

To enable the Minister to approve the allocation of £250,000 in 2018 from the Criminal Offences Confiscation Fund (COCF) to the Law Officers Department (LOD) revenue head of expenditure to enable Jersey to become a donor nation for the three years, 2018-2020 inclusive, to the International Centre for Asset Recovery (ICAR).

Background

The International Centre for Asset Recovery is part of the Basel Institute on Governance and supports global efforts to prevent and fight international financial crime and recover stolen assets.

ICAR has offices in various jurisdictions around the world and has previously assisted Jersey in providing advice in relation to a Kenya extradition case which which led to a money laundering conviction and the confiscation of £3.6 million.

The Managing Director of the Basel Institute met the Chief Minister and the Minister for External Relations in London at the Government of Jersey summer event during 2017.

Following discussions it was agreed that Jersey could become a donor country for the three years 2018-2020 inclusive for a single payment of £250,000. This is a significant reduction on the original proposal and would mean that Jersey would be a full donor country alongside the three other contributing nations, Liechtenstein, Switzerland and the United Kingdom.

The Chief Minister and the External Relations Minister are content for Jersey to become a donor country with initial funding being made from the COCF however it is noted that that the COCF should not be used for recurring annual funding.

As a result of becoming a donor nation, Jersey will be invited to contribute to strategic planning in the context of bi-annual donor meetings (which Jersey will have the opportunity to host) and receive sufficient documentation in relation to its operational and finance activities to hold ICAR to account, including oral and written progress reports during donor meetings, annual reports and annual audited financial accounts. The first of such meetings will take place in 2018.

3. Recommendation

The Minister is recommended to approve the allocation of £250,000 in 2018 from the Criminal Offences Confiscation Fund (COCF) to the LOD revenue head of expenditure to enable Jersey to become a donor nation for the three years, 2018-2020 inclusive, to the International Centre for Asset Recovery (ICAR).

4. Reason for Decision

Article 19(1)(a) of the Public Finances (Jersey) Law 2005 states that if, during a financial year, the Minister is satisfied that the income of a States funded body is likely to exceed its estimated income, the Minister may authorise the body to withdraw from the consolidated fund during that year an amount not exceeding the likely excess of income.

A request for funding from the COCF was made by the Law Officers Department in a letter dated 24th November 2017.

5. Resource Implications

The COCF to decrease by £250,000 and the LOD revenue head of expenditure to increase by an identical amount.

This decision does not change the total amount of expenditure approved by the States for 2017-2019 in the Medium Term Financial Plan.

Report author : Head of Decision Support	Document date 29th January 2018
Quality Assurance / Review : Director of Financial Planning and Performance	File name and path: L:\Treasury\Sections\Corporate Finance\Ministerial Decisions\DS, WR and SD\2018-0073 - COCF funding request ICAR £120,000
MD Sponsor: Treasurer of the States