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1240/5(7913)
WRITTEN QUESTION TO THE MINISTER FOR EXTERNAL RELATIONS BY SENATOR S.C. FERGUSON
ANSWER TO BE TABLED ON TUESDAY 22nd OCTOBER 2013
Question
What are the services which the Department must supply as required and specified by
statute (with references)? Answer
The Minister for External Relations is responsible for providing or ensuring the provision of services in accordance with statutory requirements which include those set out in the States of Jersey (Minister for External Relations) (Jersey) Regulations 2013, as listed below.
This is a non-exhaustive list of statutory services supplied for the public of Jersey by the Ministry which includes: the general conduct of external relations; implementation of international financial sanctions; implementation of restrictive measures for the prevention of terrorism; applying measures with regard to preventing the development, production or use of weapons of mass destruction; implementation of agreements between Jersey and other countries relating to taxation, double tax agreements and tax information exchange; conferring diplomatic privileges and immunities within Jersey; and ensuring the regulatory oversight and implementation of civil aviation safety and security requirements.
In addition, the Ministry provides services in connection with international law, and with regard to the constitutional relationship with the United Kingdom, for ensuring compliance with and monitoring and reporting on Jersey's implementation of a wide range of international treaties, conventions and agreements which impact on the environment, safety and security, social wellbeing and the civil and human rights of the people of Jersey. A comprehensive list of these obligations and references to the relevant conventions are provided in periodic reports to the States on International Conventions and Agreements.
| Services provided | References to statutory requirement |
a) | Concurrently with the Chief Minister, conduct external relations in accordance with the common policy agreed by the Council of Ministers. | Article 18(3)(b) of the States of Jersey Law 2005 |
b) | Give effect, by Order, either wholly or partly, to any European Union provision with exceptions, adaptations and modifications as necessary, if in the opinion of the Minister immediate or early enactment of a provision of European Union legislation is necessary or expedient in the public interest, and if that provision is contained in or arises under Article 12 of the Treaty on European Union signed at Maastricht on 7th February 1992 | Article 2(4) of the European Communities Legislation (Implementation) (Jersey) Law 1996 |
| (which relates to the common foreign and security policy). |
|
c) | Perform the functions of the competent authority for the implementation of international financial sanctions or restrictive measures which have been given effect in Jersey, with particular regard to Jersey's reputation as an international finance centre. | Al-Qa'ida and Taliban (United Nations Measures) (Channel Islands) Order 2002 Community Provisions (Restrictive Measures – Belarus) (Jersey) Order 2011 Community Provisions (Restrictive Measures – Burma/Myanmar) (Jersey) Order 2008 Democratic Republic of the Congo (United Nations Sanctions) (Channel Islands) Order 2003 Democratic Republic of the Congo (United Nations Sanctions) (Channel Islands) Order 2005 Community Provisions (Restrictive Measures – Democratic Republic of the Congo) (Jersey) Order 2011 Community Provisions (Restrictive Measures – Egypt) (Jersey) Order 2011 Community Provisions (Restrictive Measures – Eritrea) (Jersey) Order 2012 The Haiti (United Nations Sanctions) (Channel Islands) Order 1994 The United Nations (Sanctions) (Amendment) Order 2000 Community Provisions (Restrictive Measures - Iran) (Jersey) Order 2012 Iraq (United Nations Sanctions) (Channel Islands) Order 2000 Iraq (United Nations Sanctions) (Channel Islands) Order 2003 Iraq (United Nations Sanctions) (Channel Islands) (Amendment) Order 2004 Community Provisions (Restrictive Measures – Côte d'Ivoire) (Jersey) Order 2011 The Lebanon and Syria (United Nations Measures) (Channel Islands) Order 2006 Community Provisions (Restrictive Measures – Lebanon) (Jersey) Order 2007 The United Nations Arms Embargoes |
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| (Somalia, Liberia and Rwanda) (Channel Islands) Order 1996 The United Nations Arms Embargoes (Somalia, Liberia and Rwanda) (Channel Islands) (Amendment) Order 1997 Liberia (United Nations Sanctions) (Channel Islands) Order 2004 Liberia (United Nations Sanctions) (Channel Islands) (Amendment) Order 2004 Libya (United Nations Sanctions) (Channel Islands) Order 1993 Community Provisions (Restrictive Measures – Libya) (Jersey) Order 2011 Community Provisions (Restrictive Measures - North Korea) (Jersey) Order 2007 Community Provisions (Restrictive Measures – North Korea) (Jersey) Order 2013 Community Provisions (Restrictive Measures – Guinea) (Jersey) Order 2010 Community Provisions (Restrictive Measures – Guinea-Bissau) (Jersey) Order 2012 The United Nations Arms Embargoes (Somalia, Liberia and Rwanda) (Channel Islands) Order 1996 The United Nations Arms Embargoes (Somalia, Liberia and Rwanda) (Channel Islands) (Amendment) Order 1997 The United Nations (International Tribunals) (Former Yugoslavia and Rwanda) (Jersey) Order 1997 The United Nations Arms Embargoes (Rwanda) (Amendment) Order 2008 The Somalia (United Nations Sanctions) (Channel Islands) Order 2002 Community Provisions (Restrictive Measures – Somalia) (Jersey) Order 2011 Sudan (United Nations Measures) (Channel Islands) Order 2005 Community Provisions (Restrictive |
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| Measures – Sudan and South Sudan) (Jersey) Order 2011 The Lebanon and Syria (United Nations Measures) (Channel Islands) Order 2006 Community Provisions (Restrictive Measures – Syria) (Jersey) Order 2012 Terrorism (United Nations Measures) (Channel Islands) Order 2001 Community Provisions (Restrictive Measures – Tunisia) (Jersey) Order 2011 The United Nations (International Tribunals) (Former Yugoslavia and Rwanda) (Jersey) Order 1997 Community Provisions (Restrictive Measures - Zimbabwe) (No. 6) (Jersey) Order 2007 |
d) | Make an interim or final designation of a person whose funds and economic resources must be frozen, subject to certain conditions being fulfilled and if the Minister considers that it is necessary, for purposes connected with protecting members of the public from terrorism, that financial restrictions should be applied in relation to that person. | Terrorist Asset-Freezing (Jersey) Law 2011 |
e) | Give a direction to a person or group of persons to impose requirements in relation to financial transactions or business relationships in certain circumstances, including that there is a risk that money laundering or the development of nuclear, radiological, chemical or biological weapons poses a significant risk to the interests of Jersey. | Money Laundering and Weapons Development (Directions) (Iran) (Jersey) Law 2012 |
f) | Require the provision of certain information and impose a requirement for any person in Jersey to notify the Minister of certain nuclear-related activities as listed in the Schedules to the Orders. | Nuclear Safeguards (Jersey) Order 2004 Nuclear Safeguards (Jersey) Order 2005 |
g) | Freeze the financial assets and economic resources of a person outside Jersey engaged in acts in connection with the use of weapons of mass destruction (nuclear, chemical or biological) which are detrimental to the economy or which threaten life or property of Jersey. | Crime and Security (Jersey) Law 2003 |
h) | Make Orders to amend the Taxation (Agreements with European Union Member States) (Jersey) Regulations 2005 or provide for their suspension or resumption in order to reflect the termination, suspension or resumption of a Taxation of Savings Income Agreement with a contracting party. | Taxation (Agreements with European Union Member States) (Jersey) Regulations 2005 |
i) | Make Orders amending the list in Schedule 1 of the Double Taxation Regulations of the countries with which DTAs have been made and to note the date each DTA came into force. | Taxation (Double Taxation) (Jersey) Regulations 2010 |
j) | Amend by Order the Schedule to the Exchange of Information with Third Countries Regulations so as to add, for a third country and any description of tax, the date the tax information exchange agreement relating to that third country and description of tax came into force. | Taxation (Exchange of Information with Third Countries) (Jersey) Regulations 2008 |
k) | Confer privileges and immunities in relation to an economic and trade office established in the United Kingdom or in Jersey by the government of the Hong Kong Special Administrative Region. | Hong Kong Economic and Trade Office (Privileges and Immunities) (Jersey) Law 1998 |
l) | Prescribe a range of matters inter alia relating to dangerous goods, rules of the air, flying restrictions, noise regulation, the provision of information, designation of zones for security purposes, and restrictions and security measures in relation aircraft, persons and aerodromes and cargo handling. | Air Navigation Order 2005 of the United Kingdom, as extended to Jersey by the Air Navigation (Jersey) Order 2008; Aviation Security Act 1982 of the United Kingdom, as extended to Jersey by the Aviation Security (Jersey) Order 1993; |
m) | Appoint a Director of Civil Aviation for Jersey; determine the annual fee for the aerodrome licence; give directions in the interests of national security or in the interests of relations with another country; and make Air Navigation Orders for the purposes of implementing the Chicago Convention or generally to regulate air navigation. | Civil Aviation (Jersey) Law 2008 |