External Relations-Common Policy - Minister for External Reltions - Research - 23 November 2012

STATES OF JERSEY

EXTERNAL RELATIONS:

COMMON POLICY

Presented to the States on 23rd November 2012 by the Council of Ministers

STATES GREFFE

2012   Price code: A  R.140

REPORT

The Council of Ministers,

Noting  that the  functions of  the  Chief  Minister shall include  conducting  external relations in accordance with the common policy agreed by the Council of Ministers;

Recalling the distinct history of Jersey, which was part of the Duchy of Normandy from 933 AD through the conquest of England in 1066, and elected to remain loyal to the English Crown when King John lost Normandy in 1204, and was granted its Royal Seal in 1279;

Noting further that Jersey is not a sovereign state and cannot in general bind itself internationally  without  the  consent  of  the  sovereign  state,  but  has  had  domestic autonomy  since  1204,  and  acquired  fiscal  autonomy  through  a  series  of  Royal Charters,  and  is  a  self-governing,  democratic  country  with  the  power  of  self- determination;

Bearing in mind the framework for developing the international identity of Jersey signed by the United Kingdom and Jersey on 1st May 2007, in particular that Jersey has an international identity which is different from that of the United Kingdom and that  the  United  Kingdom  supports  the  principle  of  Jersey  further  developing  its international identity;

Observing the recommendations of the Second Interim Report of the Constitution Review Group presented to the States Assembly on 27th June 2008 by the Council of Ministers, noting that it is not Government policy to seek independence from the United Kingdom, but rather to ensure that Jersey is prepared if it were in the best interests of Islanders to do so;

Acknowledging that Jersey has the right, under terms of the entrustment from the United Kingdom of Great Britain and Northern Ireland dated 23rd November 2009, to negotiate and conclude Tax Information Exchange Agreements, and other agreements relating to taxation that provide for exchange of information on tax matters to the OECD standard; and that Jersey was also entrusted on 20th August 2012 to conclude an agreement with the Government of the United States of America regarding the sharing of legally confiscated or forfeited assets;

Recognising  that  international  identity  is  developed  effectively  through  meeting international standards and obligations;

Noting the Government of the United Kingdom's response to the House of Commons Justice Select Committee's report on the Crown Dependencies (November 2010), in particular Jersey's status as a Dependency of the British Crown, that is neither part of the United Kingdom, nor, except to a limited extent, the European Union;

Noting also from the same document that the Government of the United Kingdom agrees with the increased use of entrustment, whereby the Crown Dependencies are granted powers to negotiate treaties on their own behalf:

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1. Decides  on the following  principles for the conduct  of external  relations, namely to:

1. Protect  Jersey's  unique  constitution,  and  its  domestic  and  fiscal autonomy;
2. Promote  Jersey's  international  identity  and  good  reputation  as  a responsible  country  committed  to the  rule  of  law,  international standards,  and  respect  for  internationally  recognised  human  and labour rights;
3. Serve  Jersey's  best  economic  interests  by  promoting  a  strong, diversified  economy,  safeguarding  its  competitive  position  and promoting growth through trade and inward investment;
4. Promote Jersey's national and cultural identity abroad;
5. Join with others in supporting sustainable development and poverty reduction in developing countries;
6. Abide  by  internationally  agreed  standards  of  environmental stewardship.

2. Also decides, in accordance with these principles, to:

1. Engage positively with the UK Government, Whitehall departments and Parliament;
2. Be  a  good  neighbour,  on  the  basis  of  reciprocity,  to the  United Kingdom,  France  and  other  European  States,  promoting  and protecting Jersey's interests in Europe through the Channel Islands Brussels Office;
3. Maintain positive relations with the Bailiwick of Guernsey and the Isle of Man, co-ordinating on matters of mutual interest in external relations,  and  working  with  the  Bailiwick  of  Guernsey  to deliver common services to the benefit of the people of the Channel Islands;
4. Promote international cultural relations by building on Jersey's shared history and longstanding links around the world;
5. Sustain  a  strong  international  profile,  supported  by  relevant international agreements and by relationships with the international diplomatic  community,  to enhance  recognition  of  Jersey's commitment to international standards;
6. Engage with multilateral institutions, including the European Union, Council of Europe, International Monetary Fund (IMF), World Trade Organisation (WTO), Organisation for Economic Co-operation and Development (OECD) and the Global Forum on Transparency and Exchange  of  Information  for  Tax  Purposes,  to contribute  to the development of international policy;

R.140/2012

7. Participate actively in the British Irish Council;

(viii)  Promote  Jersey's  relationship  with  existing  and  emerging  major

economies,  and  develop  the  Island's  international  reputation  as  a centre of excellence and an outstanding place to do business;

9. Implement UN sanctions and EU restrictive measures in support of international objectives to address activities or policies that threaten the international rule of law, human rights, respect for democratic principles  or  international  peace  and  security,  or  to  prevent  and suppress the financing of terrorists and terrorist acts;
10. Assist  in the  identification,  monitoring  and  reduction  of  external systemic risk to the Jersey economy;
11. Ensure that Jersey is prepared for external change that may affect the Island's  formal  relationship  with  the  United  Kingdom  and/or European Union;
12. Share  Jersey's  experience  as  a  well-run  small  island  state  and international financial centre with other countries and seek to learn from the success of others;

(xiii)  Engage  in  poverty  reduction  and  capacity  building  activities  in

developing countries by supporting the work of the Jersey Overseas Aid Commission, and through technical assistance;

14. Support the Law Officers' Department in the provision of Mutual Legal Assistance to other countries and in the lawful recovery and return  and/or  sharing  of  forfeited  or  confiscated  assets,  where reciprocal agreements exist;
15. Build  on  the  current,  active  participation  in  the  Commonwealth, through the Secretariat, Law Association, Parliamentary Association and other Commonwealth bodies;
16. Support  the  work  of  Members  of  the  States  Assembly  with  the Assemblée  Parlementaire  de  la Francophonie  and  the  British-Irish Parliamentary Assembly.

Council of Ministers October 2012