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

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there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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