Sanctions Operational Working Group Terms of Reference (FOI)

​Request

The Sanctions Operational Working Group (SOWG) first met in 2022 and was formalised through a Terms of Reference in 2023 to bring together Jersey’s authorities and agencies responsible for the effective implementation of sanctions.

Please provide a copy of the Terms of Reference for the SOWG.

Response

The information is exempt under Articles 27(1) and 42(a), (b) and (g) of the Freedom of Information (Jersey) Law 2011. 

All the circumstances of the case have been assessed and it has been concluded that it is reasonably necessary, and proportionate (more than simply useful or desirable) to refuse to release any part of the terms of reference on national security and law enforcement grounds. When pieced together with other related information it is considered such document may assist those looking to circumvent sanctions.

Articles applied

Article 27 – National Security

(1) Information which does not fall within Article 26A(1) is absolutely exempt information if exemption from the obligation to disclose it under this Law is required to safeguard national security. 

(2) Except as provided by paragraph (3), a certificate signed by the Chief Minister certifying that the exemption is required to safeguard national security is conclusive evidence of that fact.

(3) A person aggrieved by the decision of the Chief Minister to issue a certificate under paragraph (2) may appeal to the Royal Court on the grounds that the Chief Minister did not have reasonable grounds for issuing the certificate.

(4) The decision of the Royal Court on the appeal shall be final.  

Article 42 - Law enforcement

Information is qualified exempt information if its disclosure would, or would be likely to, prejudice –

(a) the prevention, detection or investigation of crime, whether in Jersey or elsewhere;

(b) the apprehension or prosecution of offenders, whether in respect of offences committed in Jersey or elsewhere;

(c) the administration of justice, whether in Jersey or elsewhere;

(d) the assessment or collection of a tax or duty or of an imposition of a similar nature;

(e) the operation of immigration controls, whether in Jersey or elsewhere;

(f) the maintenance of security and good order in prisons or in other institutions where persons are lawfully detained;

(g) the proper supervision or regulation of financial services; or

(h) the exercise, by the Jersey Financial Services Commission, of any function imposed on it by any enactment.

Public Interest Test 

Article 42 is a qualified exemption and as such a prejudice test has been conducted as required by law. 

It has been assessed whether, in all the circumstances of the case, the public interest in supplying the information is outweighed by the prejudice that would likely result by doing so. It is recognised that there is a public interest in transparency and accountability to the general public by providing confirmation that necessary actions are taking place. 

However, this must be balanced against potential prejudice to the effective implementation of sanctions and law enforcement in Jersey. It has been concluded that the public interest supports the information being withheld rather than disclosed, on the basis that the Terms of Reference of the SOWG sets out the terms on which relevant financial crime agencies in Jersey meet, inter alia, to cooperate and share information about ongoing sanctions cases. Disclosing this information may assist those who seek to circumvent and evade sanctions prohibitions.