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Terrorist Asset-Freezing (Temporary Provisions) Act 2010

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A decision made on 24 March 2010 to lodge the Terrorist Asset-Freezing (Temporary Provisions) Act 2010

Decision Reference: MD-C-2010-0030

Decision Summary Title :

Terrorist Asset-Freezing (Temporary Provisions) Act 2010

Date of Decision Summary:

19th March 2010

Decision Summary Author:

International Relations

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title :

Terrorist Asset-Freezing (Temporary Provisions) Act 2010

Date of Written Report:

19th March 2010

Written Report Author:

International Relations

Written Report :

Public or Exempt?

Public

Subject:  Terrorist Asset-Freezing (Temporary Provisions) Act 2010

Decision(s): 

·     The Chief Minister agreed to lodge the attached report and proposition entitled, ‘Terrorist Asset-Freezing (Temporary Provisions) Act 2010, in order that the States might signify their views on the proposed extension of the Act to Jersey.

Reason(s) for Decision:

The Terrorist Asset-Freezing (Temporary Provisions) Act 2010, an Act of the United Kingdom Parliament, was passed on 10 February 2010.  

Following consultation with Jersey officials, it was agreed that this Act should be drafted so as to extend to Jersey in as far as it relates to the Terrorism (United Nations Measures) (Channel Islands) Order 2001.

Article 31(1) of the States of Jersey Law 2005 states that:

Duty to refer certain matters to the States

(1) Where it is proposed –

(a) that any provision of a draft Act of the Parliament of the United Kingdom should apply directly to Jersey; or

(b) that an Order in Council should be made extending to Jersey –

(i) any provision of an Act of the Parliament of the United Kingdom, or

(ii) any Measure, pursuant to the Channel Islands (Church Legislation) Measures  

1931 and 1957

the Chief Minister shall lodge the proposal in order that the States may signify their views on it.

Accordingly, it is proposed that the Chief Minister should lodge the attached Proposition so that the States may signify their view on the matter.

Resource Implications:

Inasmuch as the Terrorist Asset-Freezing (Temporary Provisions) Act 2010 will maintain existing legislation in Jersey, there will be no additional manpower, revenue or capital requirements directly arising.

However, in consequence of the limited duration of the Act (the ‘sunset clause’) there is a need to introduce primary domestic legislation in Jersey by the end of 2010.    This will require law drafting and Law Officers Department resources be assigned as a priority, to enable a new Law to be brought to the States for approval by the end of 2010 in relation to an asset-freezing regime in accordance with UN Security Council Resolution 1373 and Resolution 1452.   It is intended that this will be managed as a priority within existing manpower and revenue resources. 

Action required:

International Relations to inform the Greffier of the States of the Proposition to be lodged as soon as possible for debate on 11 May 2010.

Signature: 

Position:  Chief Minister 

Senator Terry Le Sueur

Date Signed: 

Date of Decision (If different from Date Signed): 

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