Delegation of Functions: Minister for External Relations: Iran Sanctions

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A decision made 30 September 2013:

Decision Reference: MD-C-2013-0110
Decision Summary Title :	Delegation of function - Minister for External Relations - Iran sanctions		Date of Decision Summary:	01.10.2013
Decision Summary Author:	External Relations		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Delegation of function – authorisation of transactions in connection with Iran sanctions		Date of Written Report:	01.10.2013
Written Report Author:	External Relations		Written Report : Public or Exempt?	Public
Subject: Delegation of function – Minister for External Relations: authorisation of transactions in connection with Iran sanctions
Decision(s): The Minister decided to delegate, in accordance with Article 28 of the States of Jersey Law 2005, Article 7 of the Community Provisions (Restrictive Measures – Iran) (Jersey) Order 2012, as amended, and Article 9 of the Money Laundering and Weapons Development (Directions) (Jersey) Law 2012, his functions in respect of the authorisation of certain actions in connection with restrictive measures against Iran, as described in the attached report.
Reason(s) for Decision: The government of Jersey has implemented sanctions measures in respect of Iran which are consistent with those of the European Union. In accordance with those measures the Minister is required or permitted to authorise certain actions, subject to the provisions of Regulation 267/2012 as it is given effect in Jersey and under appropriate terms and conditions. In addition, the government of Jersey has imposed restrictions in relation to transactions and business relationships with Iranian financial institutions, etc. as set out in the Money Laundering and Weapons Development (Directions) (Iran) Jersey Order 2013. In certain circumstances, the Minister is permitted to grant, amend or revoke a licence relating to such restrictions. It is expedient in the interests of efficient government to delegate those functions to authorised officials.
Resource Implications: There are no resource implications arising for the States. Where there may be costs involved in any assessment of requests for authorisation, the Minister or delegate may charge a fee for the assessment.
Action required: The Chief Minister’s Department shall inform the States Greffe that the delegation is made and request the Greffier of the States to arrange for the delegation to be presented to the States for their information.
Signature:		Position: Minister for External Relations
Date Signed:		Date of Decision (If different from Date Signed):

Delegation of Functions: Minister for External Relations: Iran Sanctions

REPORT

Delegation of function – Minister for External Affairs: authorisation of actions in connection with Iran sanctions

Article 28 of the States of Jersey Law 2005 enables a Minister to delegate functions as follows:

(1) A Minister may delegate, wholly or partly, functions conferred upon or vested in the Minister by or under this Law or any other enactment or any enactment of the United Kingdom having effect in Jersey, to –

(a) one of his or her Assistant Ministers;

(b) an officer.

(2) A Minister shall not delegate –

(a) any power to make an enactment;

(b) any power to decide an appeal under an enactment;

(3) The delegation of functions by a Minister under this Article shall not prevent the Minister exercising those functions personally.

Definition –

“officer” means a person employed under the Civil Service Administration (Jersey) Law 1948 whose duties are wholly or mainly administrative, professional, technical or clerical and includes a member of the States of Jersey Police Force and an officer appointed under paragraph 1(1) of Part 1 of Schedule 2 to the Immigration Act 1971 as extended to Jersey by the Immigration (Jersey) Order 1993.

Article 7(2) of the Community Provisions (Restrictive Measures – Iran) (Jersey) Order 2012 provides that:

The Minister may, to such extent and subject to such restrictions as he or she may think proper, delegate or authorize the delegation of any of his or her functions under this Order to any person, or class or description of person, approved by the Minister.

Council Regulation EU No 267/2012, as given effect in Jersey, permits or requires authorisation of certain actions by the competent authorities of the territory concerned, subject to the specified requirements, exceptions and conditions.

The Money Laundering and Weapons Development (Directions) (Iran) (Jersey) Law 2012 permits, in certain circumstances, the Minister to grant, amend or revoke a licence relating to a Direction.

For the purposes of implementing the above legislation in Jersey, and in accordance with the transfer of functions by the States of Jersey (Minister for External Relations) (Jersey) Regulations 2013, the Minister for External Relations is treated as the competent authority for sanctions in Jersey. Accordingly, the previous delegation of functions by the Chief Minister in this regard has lapsed.

It is recommended that the Minister should delegate his functions in accordance with the above legislation subject to the relevant restrictions and conditions:

Legislation:	Community Provisions (Restrictive Measures – Iran) (Jersey) Order 2012
Delegate:	Function delegated:
Agent of the Impôts	Council Regulation (EU) No 267/2012 (‘the Regulation’) as given effect in Jersey: EXPORT AND IMPORT RESTRICTIONS Article 3 prior authorisation for the sale, supply, transfer or export, directly or indirectly, of the goods and technology listed in Annex III, whether or not originating in the Union, to any Iranian person, entity or body or for use in Iran. Article 5 authorisation of: (a) technical assistance or brokering services related to goods and technology listed in Annex III and to the provision, manufacture, maintenance and use of those items, directly or indirectly to any Iranian person, entity or body or for use in Iran; (b) financing or financial assistance related to goods and technologies referred to in Annex IV, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of those items, or for any provision of related technical assistance, directly or indirectly, to any Iranian person, entity or body or for use in Iran. Article 7 authorisation for a transaction in relation to goods and technology referred to in Article 2(1) or assistance or brokering services referred to in Article 5(1).
Scope of delegation:	Subject to the requirements of the Regulation. The delegate may not refuse, annul, suspend, substantially limit or revoke any authorisation, which should be considered by the Minister. The delegate may not grant an authorisation to himself.

Legislation:	Community Provisions (Restrictive Measures – Iran) (Jersey) Order 2012
Delegate:	Function delegated:
Director of International Affairs or any External Affairs officer	Council Regulation (EU) No 267/2012 (‘the Regulation’) as given effect in Jersey: RESTRICTIONS ON FINANCING OF CERTAIN ENTREPRISES Article 18 and Article 19 authorisation of the making of an investment through transactions referred to in Article 17(1) in an Iranian person, entity or body engaged in the manufacture of goods or technology listed in Annex III. FREEZING OF FUNDS AND ECONOMIC RESOURCES Articles 24, 25, 26, and 27 to authorise the release of certain frozen funds or economic resources. RESTRICTIONS ON TRANSFERS OF FUNDS AND ON FINANCIAL SERVICES Article 30 to authorise the transfer of funds as described in Article 30 of the Regulation. Article 30a To give prior authorisation of a transfer of or above EUR 40 000 or equivalent, to or from an Iranian person, entity or body.
Scope of delegation:	Subject to the requirements of the Regulation. The delegate may not refuse any authorisation that would otherwise be permissible under the Regulation, which should be considered by the Minister. The delegate may not grant an authorisation to himself. The delegate may determine and charge a fee for the assessment of requests for authorisation commensurate with the costs incurred.

Legislation:	Money Laundering and Weapons Development (Directions) (Jersey) Law 2012 (“the Law”)
Delegate:	Function delegated:
Director of International Affairs or any External Affairs officer	DIRECTIONS LIMITING OR CEASING BUSINESS: EXEMPTION BY LICENCE Article 9 to grant, amend or revoke a licence and to impose such conditions as considered necessary in accordance with Article 9.
Scope of delegation:	Subject to the requirements of the Law. The delegate may not refuse any authorisation that would otherwise be permissible under the Law or any Regulation made under it, which should be considered by the Minister. The delegate may not grant an authorisation to himself.