Taxation (Exchange of Information with Third Countries) (Amendment No. 7) (Jersey) Regulations 201-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 8 November 2013:

Decision Reference: MD-C-2013-0124
Decision Summary Title :	Lodging of the Taxation (Exchange of Information with Third Countries) (Amendment No. 7) (Jersey) Regulations 201-		Date of Decision Summary:	25th October 2013
Decision Summary Author:	Project & Research Officer		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Taxation (Exchange of Information with Third Countries) (Amendment No. 7) (Jersey) Regulations 201-		Date of Written Report:	25th October 2013
Written Report Author:	Adviser – External Relations		Written Report : Public or Exempt?	Public
Subject: Lodging of the Taxation (Exchange of Information with Third Countries) (Amendment No. 7) (Jersey) Regulations 201-
Decision(s): The Chief Minister agreed to lodge ‘au Greffe’ the Taxation (Exchange of Information with Third Countries) (Amendment No. 7) (Jersey) Regulations 201- for debate by the States.
Reason(s) for Decision: The proposed amendment to the Regulations seeks to address a number of shortcomings that have become increasingly evident from the experience of other jurisdictions in their compliance with the international standards for exchange of tax information. Furthermore, it has become clear that these shortcomings have been a particular and material factor in delaying the response to requests for information received from the French tax authorities, delays that have been the cause of Jersey being included in the French list of non-cooperative jurisdictions. By limiting the statutory scope for appeal and by speeding up the process of responding to requests, the amendments when adopted will give our Treaty Partners, and in particular the French, a clear indication of Jersey’s commitment to the effective implementation of the international standard in line with the practice of other jurisdictions
Resource Implications: There are no additional financial or manpower implications for the States arising from the adoption of these draft Regulations.
Action required: The Greffier of the States to be requested to lodge ‘au Greffe’ the Taxation (Exchange of Information with Third Countries) (Amendment No. 7) (Jersey) Regulations 201- for debate by the States at the earliest opportunity.
Signature:		Position: Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):

Taxation (Exchange of Information with Third Countries) (Amendment No. 7) (Jersey) Regulations 201-

Report

The amendment to the Taxation (Exchange of Information with Third Countries) (Jersey) Regulations is required to serve two main objectives. Firstly, it has become increasingly evident from the experience of other jurisdictions in their compliance with the international standards for exchange of tax information, and from assessments of compliance carried out by the Global Forum on Transparency and Exchange of Information for Tax Purposes, that the current Regulations have a number of shortcomings that need to be addressed. Secondly, and this is why there is a need for an urgent response, it has become clear that these shortcomings have been a particular and material factor in delaying the response to requests for information received from the French tax authorities, delays that have been the cause of Jersey being included in the French list of non-cooperative jurisdictions.

The primary purpose of the amendment is to limit the statutory scope for appeal. When the amendment is adopted appeals will be limited to an application for judicial review. Furthermore, if the Court finds against an appellant, an appeal against that judgment will be limited to an appeal to the Privy Council if leave to make that appeal can be obtained. This, together with favourable court judgments in respect of existing appeals, is expected to significantly reduce the number of appeals and generally enhance the process of exchanging tax information in accordance with the international standard and practice.

The amendment will also speed up the process of responding to requests by reducing the period within which information must be produced from 30 to 15 days.

The amendment when adopted will give our Treaty Partners, and in particular the French, a clear indication of Jersey’s commitment to the effective implementation of the international standard in line with the practice of other jurisdictions. The amendment will greatly improve the position when requests for information are received in the future. However provision is made in the amendment for existing cases to be subject to the amended Regulations where no date has yet been set to hear an appeal, or a date has been set which is more than 28 days after the coming into force of the amended Regulations. In these circumstances the Court in determining such an appeal must apply the principles applicable on an application for judicial review. This provision will be of particular importance for the resolution of some of the existing outstanding requests from the French tax authorities which is a key to rescindment of Jersey’s listing as a non-cooperative jurisdiction.