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Community Provisions (Restrictive Measures - North Korea) (Amendment No.2) (Jersey) Order 2013

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 2 August 2013:

Decision Reference: MD-C-2013-0086

Decision Summary Title :

Sanctions - North Korea 2013 Amendment No.2 2013.07.29  Int. 25/34

Date of Decision Summary:

2nd August 2013

 

Decision Summary Author:

International Relations

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Community Provisions (Restrictive Measures – North Korea) (Amendment No.2) (Jersey) Order 2013

Date of Written Report:

2nd August 2013

 

Written Report Author:

Law Draftsman

Written Report :

Public or Exempt?

 Public

Subject:   

Community Provisions (Restrictive Measures – North Korea) (Amendment No.2) (Jersey) Order 2013

Decision(s): 

The Chief Minister, in pursuance of Article 2 of the European Communities Legislation (Implementation) (Jersey) Law 1996 and having regard to Council Regulation (EC) No. 329/2007 concerning restrictive measures against the Democratic People’s Republic of Korea, as amended, made the Community Provisions (Restrictive Measures – North Korea) (Amendment No.2) (Jersey) Order 2013.

Reason(s) for Decision:

The Community Provisions (Restrictive Measures – North Korea) (Jersey) Order 2007 was introduced to implement restrictive measures in Jersey equivalent to those of the international community, in particular Council Regulation (EC) No.329/2007 of 27 March 2007 concerning restrictive measures against the People’s Democratic Republic of Korea.  

This Order amends the Community Provisions (Restrictive Measures – North Korea) (Jersey) Order 2013, to give effect to Council Regulation (EU) No 696/2013 of 22 July 2013 amending Regulation (EC) No 329/2007 concerning restrictive measures  against the Democratic People’s Republic of Korea.

Specific financial services restrictions include:

  • Prohibition on credit and financial institutions opening new bank accounts with institutions domiciled in North Korea
  • Prohibition on the establishment of new correspondent banking relationships with a credit or financial institutions domiciled in North Korea or maintaining an existing correspondent banking relationship if there is reasonable grounds to believe this could contribute to North Korea’s nuclear-related, weapons-of-mass-destruction-related or ballistic-missile-related programmes.

The Regulation includes an additional annex Va which includes persons, entities or bodies not covered by Annex IV or V who are working on behalf of or at the direction of a person, entity or body listed in Annex IV or V or persons assisting in the evasion of sanctions or violating the provisions of the 2007 Regulation.

It also gives effect to Council Regulation (EU) No 517/2013, which added a website for Croatia to the list of websites of competent authorities in Annex II of Regulation (EC) No 329/2007.

Resource Implications:

There are no manpower or revenue implications arising.

Action required:

The Chief Minister’s Department shall –

(1) inform the Assistant Greffier of the States and the States Greffe Publications Editor immediately the Order is made.

(2) deliver the signed and sealed order to the Publications Editor.

 

Signature:

 

 

Position:

 

 

Chief Minister.

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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