Decision Summary Report
Community and Constitutional Affairs
Customs and Immigration Service
To: Assistant Minister for Home Affairs
Submitted by: Steven Le Marquand, Director, Law Enforcement. Customs & Immigration Service
Date: 14 February 2017
Subject: Minor law amendment to Articles 24 and 34 of the Customs and Excise (Jersey) Law 1999.
Background
Articles 24 and 34 and of the Customs and Excise (Jersey) Law 1999 provide for statutory directions to be made by the Agent of the Impôts in respect of the inward and outward entry and reporting of ships and aircraft, including goods, crew, passenger and voyage details.
Information is currently provided by carriers under Articles 24 and 34 so that Customs Officers can, inter alia, monitor the movements of known and suspected criminals or persons of interest in and out of the Island, leading to the identification of those who may be involved in the smuggling of prohibited, restricted or dutiable goods.
A project is now seeking to standardise and automate the way the Customs and Immigration Service (‘JCIS’) conducts this work, with an aim to require carriers to submit passenger and journey information electronically in advance of arrival and departure. Detailed requirements will be contained within new Directions to be made by the Agent of the Impôts in due course.
The relevant sections of Article 24 and 34 of the 1999 Law currently read as follows:
Article 24 (1)
Report shall be made to the Agent of the Impôts in such form and manner and containing such particulars as the Agent may direct of every ship and aircraft which arrives in Jersey from a port or place outside Jersey.
Article 34 (1)
Report shall be made to the Agent of the Impôts in such form and manner and containing such particulars as the Agent may direct of every ship and aircraft which departs from Jersey to a port or place outside Jersey.
Similar legislative provisions are in place in the United Kingdom but advice received by JCIS has identified the need to make a minor amendment to Articles 24 and 34, so as to be able to require inward and outward reporting ‘in advance’ of a ship or aircraft’s arrival or departure, and not just ‘on arrival’.
Recommendation
The Assistant Minister is asked to authorise JCIS to liaise with the Law Draftsman and arrange for the relevant amendments to be made.