Universal Postal Union International Bureau Circular 109 (FOI)

Request

A

Please would you set out - or point to where the information is already in the public domain - the exact legal status in Jersey of Universal Postal Union International Bureau Circular 109 of 12 August 2020.

B

Please indicate by what legislative or ministerial power and authority, or by what other process, a company wholly owned by taxpayers has been allowed or enabled to assert that the circular in question is 'law' or 'regulations', or not prevented from doing the same, and as a result to impose burdens on citizens and local businesses that did not previously obtain and do not be in other member countries of the UPU.

C

Please would you also provide full details of the analysis undertaken by or on behalf of the Council of Ministers in order to satisfy itself that the implementation of said circular109 was, formally, an international obligation to which Jersey was obliged to adhere.

This request refers in essence to the position(s) adopted by Jersey Post Limited.  

On the second point, the heart of the matter is to be able to cognise whether Jersey Post is, on behalf of the ministry which has the oversight of the country's international relations and affairs, requiring things of Jersey taxpayers who are its customers (and owners) that are not, or may not be, required ditto by other UPU member countries. That relates directly to the main question I asked as to the ministry's view of the legal status in Jersey of UPU Circular 109.

The matter is of very direct concern to many citizens and taxpayers who wish to utilise the services of Jersey Post.

Response

A

The Universal Postal Union (“UPU”) is a United Nations specialised agency and the postal sector’s primary forum for international co-operation. Please see below link to their website. A link to the Constitution of the UPU can be found on the Government of Jersey’s website and can also be accessed via the second link below. The UPU sets the standards by which all international postal unions operate with each other. 

Universal Postal Union (upu.int)

Constitution of the Universal Postal Union (gov.je)

B

The conditions attached to, and the provision of licences for a universal postal service are set out in the Postal Services (Jersey) Law 2004, which can be accessed via the link below. Jersey Post (as with other Crown Dependency postal operators) is a member of the UPU through the United Kingdom’s membership and is recognised as a designated operator. 

Postal Services (Jersey) Law 2004 (jerseylaw.je)

C

Because of the above, Jersey Post must comply with the UPU Regulations and Convention. IB Circular 109 is contained within the UPU Convention to the Regulations, and therefore Jersey Post is obligated to comply with these requirements.

A further international consideration is that the Electronic Advance Data requirements stem from the US Stop Act 2018, a link to which can be found below, which contains a legal requirement for EAD to be sent prior to any items being sent to the USA, as well as the European Commission requirements for Import Controls (ICS). If Jersey did not meet these requirements, then any mail sent containing goods would be returned.

United States Stop Act 2018 (congress.gov)