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Letter - Economic and International Affairs Panel to Minister for External Relations re P.28-2022 Exchange of Information Amendment - 16 May 2023

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States Greffe

Deputy Philip Ozouf

Minister for External Relations

BY EMAIL

16th May 2023 Dear Minister,

P.28/2023 Draft Taxation (Exchange of Information – Amendment) (Jersey) Regulations 202-

Following the lodging of the Draft Taxation (Exchange of Information – Amendment) (Jersey) Regulations 202- (P.28/2023) (the proposed Regulations) the Economic and International Affairs Panel (the Panel) is seeking further clarification on the impact of the potential legislation and has requested a private briefing on the matter.

We also wish to enable public understanding of the proposed Regulations. Please assist by explaining the following:

  1. Has  the  Organisation  for  Economic  Co-operation  and  Development  specifically commented  upon  the  example  cases  used  within  the  proposition  of  the  proposed Regulations?
  2. What are the implications of being regarded as "non-compliant" to which the Report accompanying the proposition of the proposed Regulations refers?
  3. What protections will be in place to ensure the proposed Regulations are not used by tax authorities to enable speculative requests for information that have no apparent nexus to an open inquiry or investigation?
  4. What will the impact of the proposed Regulations on the finance industry be?
  5. What consultation with  the Island's finance industry and legal profession has been undertaken?

We would be grateful if you could respond to this no later than Tuesday 23rd May 2023 in line with the 5 working days approved for responses between Scrutiny Panels and Ministers.

If you have any questions regarding this or our work in general, please do not hesitate to contact me. Please note that unless otherwise stated, all letters will be uploaded to the Scrutiny website as a matter of course.

Yours sincerely,

Deputy Moz Scott

Chair

Economic and International Affairs Scrutiny Panel

 Scrutiny Office | States Greffe | Morier House | St Helier | Jersey | JE1 1DD Tel: 01534 441080 | Fax: 01534 441077 | email: scrutiny@gov.je