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EU Legislation (Sanctions - Ukraine) (Amendment) (Jersey) Order 2014

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 31 January 2014:

Decision Reference:  MD-ER-2014-0048

Decision Summary Title :

Ukraine sanctions - amendment

Date of Decision Summary:

30 December 2014

Decision Summary Author:

 

External Relations

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title :

EU Legislation (Sanctions – Ukraine) (Amendment) (Jersey) Order 2014

 

Date of Written Report:

30 December 2014

Written Report Author:

Law Draftsman

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:   EU Legislation (Sanctions – Ukraine) (Amendment) (Jersey) Order 2014

Decision(s): The Minister for External Relations, in pursuance of Article 2 of the European Union Legislation (Implementation) (Jersey) Law 2014 and having regard to Council Regulation (EU) No 692/2014 concerning restrictive measures in response to the illegal annexation of Crimea and Sevastopol, made the EU Legislation (Sanctions – Ukraine) (Amendment) (Jersey) Order 2014.

Reason(s) for Decision:

The EU Legislation (Sanctions – Ukraine) (Jersey) Order 2014 came into force on 3 December 2014.  Amongst other measures, the Order gives effect in Jersey to Council Regulation (EU) No 692/2014 concerning restrictive measures in response to the illegal annexation of Crimea and Sevastopol.

Sanctions restricting trade with Crimea and Sevastopol were initially limited to trade and investment in certain economic sectors and infrastructure projects.  Specifically, they imposed restrictions on goods originating in Crimea or Sevastopol and on the provision of financing or financial assistance related to the import of such goods, as well as restrictions in trade and investment concerning infrastructure projects in the transport, telecommunications and energy sectors and concerning the exploitation of oil, gas and minerals.

The EU has subsequently amended the Regulation to modify the prohibitions.  Subject to certain exceptions, in particular with regard to certain essential or legitimate business, the new sanctions impose a ban on all European investments in Crimea or Sevastopol and services directly related to the investment ban, as well as services related to tourism activities, including those in the maritime sector (such as EU-flagged ships’ calling in seven ports in the Crimean peninsula), and in the sectors of transport, telecommunications, energy and exploitation of oil, gas and minerals in Crimea or Sevastopol. The former export prohibition on goods and technology in the sectors of transport, telecommunications, energy and exploitation of oil, gas and minerals, is broadened.

The Order gives effect to the latest amendments and also applies ambulatory references to the Annexes of the EU Regulation, so that future changes to those Annexes will be implemented in Jersey without the need for any amendment to the Jersey Order.

The EU Legislation (Sanctions – Ukraine) (Amendment) (Jersey) Order 2014 will give effect in Jersey to the EU restrictive measures, in accordance with the common external relations policy of the Council of Ministers. 

Resource Implications:  There are no resource implications arising from this legislation.

Action required:

External Relations shall –

(1) inform the Assistant Greffier of the States and the States Greffe Publications Editor immediately the Order has been made, and request the Greffier of the States to arrange for the making of the Order to be notified to the States;

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

 

Signature:

 

Position: 

 

 

Minister for External Relations

Date Signed:

 

Date of Decision (If different from Date Signed):

 

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