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Taxation (Implementation) (International Tax Compliance) (United States of America) (Amendment) (Jersey) Regulations 201-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 18 December 2015:

Decision Reference:   MD-ER-2015-0065

Decision Summary Title :

The Taxation (Implementation) (International Tax Compliance)(United States of America)(Amendment)(Jersey) Regulations 201-

Date of Decision Summary:

18 December 2015

Decision Summary Author:

 External Relations

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

The Taxation (Implementation) (International Tax Compliance)(United States of America)(Amendment)(Jersey) Regulations 201-

Date of Written Report:

18 December 2015

Written Report Author:

Adviser – International Affairs

Written Report :

Public or Exempt?

Public

Subject: 

The Taxation (Implementation) (International Tax Compliance)(United States of America)(Amendment)(Jersey) Regulations 201-

Decision(s):

The Minister for External Relations approved for lodging ‘au Greffe’ the Draft Taxation (Implementation) (International Tax Compliance)(United States of America)(Amendment)(Jersey) Regulations 201

Reason(s) for Decision

The States on the 1 December 2015 made the Taxation (Implementation) (International Tax Compliance)(Common Reporting Standard) (Jersey) Regulations 2015 in which provision was made for penalties for non-compliance with the principal Regulations and penalties for obstructing an authorised person. These penalties relate to the automatic exchange of information with over 70 jurisdictions. One jurisdiction, the United States of America, is separate from the implementation of the Common Reporting Standard and in this case automatic exchange of information is provided for under the Taxation (Implementation)(International Tax Compliance)(United States of America) (Jersey) Regulations 2014. The penalties in these Regulations differ from those in the Common Reporting Standard Regulations and it is considered that the penalties provisions in the Regulations for the United States of America should be brought into line with those in the Common Reporting Standard Regulations. The amending Regulations provide for this.

.

Resource Implications:  

There are no financial or manpower implications arising from the Regulations

Action required:

The Greffier of the States is requested to lodge ‘au Greffe’ the Draft Regulations cited above with a view to securing the earliest possible date for debate.

Signature: 

 

 

 

Position: 

Minister for External Relations

Date Signed:

 

18 December 2015

 

Date of Decision (If different from Date Signed):

 

 

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