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Sanctions and Asset-Freezing (Designation of Lugovoy and Kovtun) (Jersey) Order 2020

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.

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  • 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 14 October 2020

MINISTERIAL DECISION REFERENCE:    MD-ER-2020-0052

DECISION SUMMARY TITLE:  Sanctions and Asset-Freezing (Designation of Lugovoy and Kovtun) (Jersey) Order 2020

DECISION SUMMARY AUTHOR:

Head of International Compliance

IS THE DECISION SUMMARY PUBLIC OR EXEMPT? 

Public

REPORT TITLE:  Sanctions and Asset-Freezing (Designation of Lugovoy and Kovtun) (Jersey) Order 2020

REPORT AUTHOR OR NAME OF PERSON GIVING REPORT:  (if different from Decision  Summary Author)

Senior Legislative Drafter

IS THE REPORT PUBLIC OR EXEMPT 

Public

DECISION AND REASON FOR THE DECISION:

The Minister for External Relations (“MER”), in pursuance of Article 3 of the Sanctions and Asset-Freezing (Jersey) Law 2019 (the “SAFL”) made the Sanctions and Asset-Freezing (Designation of Lugovoy and Kovtun) (Jersey) Order 2020 (the “Order”).

The Order designates Andrey Lugovoy and Dmitri Kovtun, who are alleged to have been responsible for the death of Alexander Litvinenko, for the purpose of an asset-freeze. The Order is made under SAFL, using the power introduced by that Law in to designate by Ministerial Order persons against whom the UK has imposed an asset under the Anti-terrorism, Crime and Security Act 2001 (the “2001 Act”). Lugovy and Kovtun are designated by the UK for an asset-freeze as set out in the UK’s Andrey Lugovoy and Dmitri Kovtun Freezing Order 2018 made under the 2001 Act.

RESOURCE IMPLICATIONS: There are no resource implications for the States arising from this legislation

ACTION REQUIRED: External Relations shall –

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

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

SIGNATURE:

 

SENATOR IAN GORST

POSITION:

Minister for External Relations

DATE SIGNED:

EFFECTIVE DATE OF THE DECISION

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