However, the governments of Guernsey, Jersey and the Isle of Man have indicated that they will attempt to negotiate a similar arrangement with the EU to replace Protocol 3. The draft Ordinance is due to be debated on 16 December 2020. Coronavirus (COVID-19) Employment Law Resources, Environmental, Social and Governance (ESG), Cayman Islands Economic Substance Requirements, Guernsey Border Agency Customs and Excise, EU Free Trade Agreements with third countries, Guernsey and Jersey secure UK market access post Brexit. However, this is changing. Final thoughts. The European Union has, since its formation in 1993, afforded its current 28 member states reciprocal benefits in healthcare, […] Guernsey and Jersey are Crown Dependencies, whose relationship with Britain stems from the sovereignty of the British Crown, rather than the UK Parliament or HM Government.   non-EU members) for the purpose of financial services. - The direct impact of Brexit on the Channel Islands own relations with the EU will be relatively small: Guernsey and Jersey are already third countries to the EU for everything except the limited areas covered by Protocol 3, and this will remain the case after Brexit. … The UK is pursuing an adequacy assessment from the EU and has committed to continuing to free flow data to the EU and all adequate jurisdictions. From Great Britain to the EU and the Channel Islands. Best possible evidence will be secured in the form of a notarised confirmatory letter from the marina, or where notarisation is not possible, owners should obtain and retain ordinary confirmatory letters, mooring invoices and receipts, time stamped photographs, and AIS track records. The Channel Islands will benefit from all those agreements, as well as the most-favoured-nation status tariffs which apply by virtue of the extension to the Channel Islands of the UK’s membership of the WTO. stream This relationship will not change when the UK leaves the EU and so Brexit will have no direct effect on the financial services industry in the Channel Islands. However, such times also present great opportunities. 1 0 obj It is not intended as legal advice and should not be relied on as such. Isle of Man – No Deal Brexit – Executive Summary There may also be some indirect effects, which could include – • Fluctuations or reduction in the value of sterling, which could affect the price of consumer goods and food • Increased tariffs and altered trade patterns which could affect the price of consumer goods and food <>/ExtGState<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 11 0 R 12 0 R] /MediaBox[ 0 0 595.32 841.92] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Protocol 3 brings the Channel Islands within the EU Single Market for the purposes of trade in goods (but not services). The Convention on Economic Co-operation and Development (otherwise known as the “OECD Convention”) was extended to Guernsey and Jersey in 1990 and the Channel Islands is deemed to be part of the UK for the purposes of its membership of the Organisation for Economic Co-Operation and Development (the “OECD”). The Channel Islands’ status as a Crown Dependency means that its constitutional relationship with Britain is with the legal institution of the British Crown as currently embodied by Her Majesty Queen Elizabeth II (the “Crown”), rather than the UK Parliament or HM Government. If you wish to unsubscribe from our database, click here. In effect, a passport issued on 30 June 2011 could show an expiry date of 30 March 2022. They did not get a chance to vote in the EU referendum, but the Channel Islands are not immune from the effects of Brexit, although some say it may actually turn … %PDF-1.7 endobj There will be no immediate change to the status of EU, EEA, and Swiss citizens and their family members living in the Channel Islands before Brexit and throughout the implementation period following Brexit, which has been extended to run until 30 June 2021. How Brexit will affect your travel to Europe ... the Channel Islands or Gibraltar – all of which are regarded as outside the European Union for customs’ purposes. Brexit will not directly affect the Islands’ relationship with the EU 27 in key areas like tax, anti- money laundering, financial services, and data protection where the Islands are already third countries and as such remain committed to close cooperation with the EU. The Channel Islands have long demonstrated that they can handle change and have a … The deadline for applying to the EU/EEA/Swiss Settlement Scheme is 30 June 2021 in Guernsey and Jersey as well as the UK, and applicants will need to register with the scheme before the end of December 2020. Please note that this briefing is intended to provide a very general overview of the matters to which it relates. EU citizens who are currently working for you, or who you recruit by 31 December 2020, need to take action to gain permission to remain in the UK. @��nwO�z�v���3h�xfd���7�u[��U�}��m��My������_o.�ޕo>�նh��훏��[�4�����QG���WItMG�=����_��_��O�_���A��c*��>�|�H���*�sxϵ��?�����>z�8cz�����B{��fS����I�9��m��q#��8s��\?D�(�U;' ����ۥ\l�bq�En��,YTKE�����P-Vp� ��_ Unlike the Channel Islands, the British Overseas Territory of Gibraltar is leaving the EU alongside the UK. How will Brexit affect ecommerce sales? 2 0 obj Brexit is an unknown quantity that would directly impact Britain’s Overseas Territories in the Caribbean. The Crown Dependencies of Jersey, Guernsey and the Isle of Man are not part of the UK but are self-governing possessions of the Crown (defined uniquely in … 4 0 obj The withdrawal of the UK from the EU should allow the UK to determine for itself what access to grant to its markets. The main sector expected to be affected by the termination of Protocol 3 is fisheries, of which most exports presently go to France. However, the export of goods to the EU represents a relatively modest part of the economies of the Channel Islands. ... the impact of the UK government failing to secure a deal could affect the Channel Islands in a profound way. If approved, those citizens and their family members will be allowed to continue to live and work in Guernsey or Jersey as applicable, and their rights to healthcare, work arrangements and public services will continue unaffected. Britain could cede control over fishing waters around the Channel Islands in an attempt to resolve a key dispute in Brexit negotiations with the European Union, it has been claimed. Tariff-free reciprocal trade in goods between the UK and the Channel Islands arises out of long standing customary practices and under rights and arrangements set in Royal Charters. Upon Brexit, the protocol regarding Isle of Man’s and Channel Islands’ membership © Carey Olsen 2021, Sign-up here to receive our news and briefings. For example, Guernsey and Jersey have each entered into Tax Information Exchange Agreements with all 28 of the EU member states, Jersey has full bi-lateral double taxation agreements with 10 other countries and partial double taxation agreements with a further 12 nations and Guernsey has bilateral taxation agreements with other jurisdictions including the US, Hong Kong, Malta and Singapore. However, the UK has granted to Gibraltar “passporting rights” to enable Gibraltar insurers to write insurance business in the UK without being licensed by the FCA. Right now, it’s worth an estimated $101 billion—but Brexit may change that, with three main factors at play. As Crown Dependencies the Channel Islands are self-governing and have their own laws (including on taxation) and courts. It is possible that the Channel Islands could secure similar access to the UK market post-Brexit. Brexit will impact how trade in goods between the Channel Islands and the EU functions, because Protocol 3 will cease. This rule applies unless they have already been granted … 3 0 obj Any vessel on which VAT had been paid before it was brought to the Channel Islands may lose that VAT-paid status, depending on where it is located at 23.00 UTC on 31 December 2020. In addition, Guernsey and Jersey are able to market financial services into the EU because those services currently meet the stipulations imposed by the EU. ), �搱E�<4�k�ry(�n3+�!�Git��\�~]L���R���I���y����HSoN�$�1{&�|��%kX�X�H�(��O�r���?��|���i��K�y�,�u�. Although the General Data Protection Regulation (EU) 2016/679 (“GDPR”) does not have direct effect in the Channel Islands, Guernsey and Jersey have both adopted legislation based on the GDPR, and certain controllers and processors will be subject to its extra territorial reach. As two British gunboats face off with French fishing boats determined to blockade Jersey's biggest port, we look at the Channel Islands, the eye of the latest Brexit … Whilst Brexit undoubtedly has implications for many aspects of the relationship that Guernsey and Jersey have with the EU, its effect differs from that in the UK. The Channel Islands and the European Union – Channel Islands Brussels Office (CIBO) BREXIT - States of Guernsey The BBC is not responsible for the content of external sites. Guernsey and Jersey already have in place the necessary cooperation agreements to enable local fund managers to do so. In 2011, the Channel Islands Brussels Office (CIBO) was established to promote the interests of the Channel Islands in Europe, to represent the Channel Islands to the EU institutions, and to advise the governments of Jersey and Guernsey on EU policy issues. Where relevant, vessel owners are advised to retain documentation proving where their vessel is located at the end of the transition period. Politicians in the Channel islands are reacting positively to the post-Brexit trade deal agreed between the UK and the EU. This updated Brexit briefing looks at the direct implications of Brexit on the Channel Islands in the following key areas: The Bailiwick of Guernsey (comprising the islands of Guernsey, Alderney, Sark and Herm) (“Guernsey”) and The Bailiwick of Jersey (“Jersey”) form the Channel Islands, situated in the Bay of St Malo off the northwest coast of France. The CTA allows for largely unrestricted travel between the jurisdictions, and this will continue to operate post-Brexit. The UK officially ceased to be a Member State of the European Union (“EU”) on 31st January 2020, and the UK and EU are now in the final weeks of the agreed transition period which ends on 31st December 2020. How Brexit affects travel between the UK and the EU? For this reason, an out vote requires consideration now. OECD Decisions and Recommendations therefore apply to the Channel Islands to the same extent that they do to the UK, unless the contrary is otherwise specifically stated on a case by case basis. endobj In practice this has meant that EU citizens had unrestricted visitor access to the Channel Islands, as part of the Common Travel Area (the “CTA”). Guernsey and Jersey are therefore treated as “third countries” (i.e. This should not change by virtue of the UK leaving the EU. There will be no change to the availability of remedies from the courts in the UK in patent litigation. It continues in accordance with the existing trading relationship by virtue of Protocol 3 to the UK’s treaty of Accession to the European Union (“Protocol 3”). However, the same passport issued on 30 June 2011 is regarded by the EU as expiring on 30 June 2021 So A and any time beyond that will be deemed invalid. Protocol 3 continues to apply until December 31st 2020 when new, post-Brexit arrangements will fall into place. �#���:��'��?"U�|v�%%�9{. Notably, the agreement does not cover foreign policy and defense. endobj The end of the transition period will spell implications for the ‘VAT-paid’ status for any vessel located in the Channel Islands. Brexit will have profound consequences for the 250,000 people in the UK's overseas territories. VAT implications for Channel Island boat owners. <> Under Protocol 3 the authorities in Guernsey and Jersey were required to treat natural and legal persons of the EU equally and in a non-discriminatory fashion. UK fund managers who currently use the EU passport under the Alternative Investment Fund Managers Directive (“AIFMD”) may no longer be able to do so because the UK is outside the EU. We answer your questions. After the end of the transition period, the UK will become an independent trading country vis-à-vis the EU, and all previously existing trade arrangements will cease to apply. Under The European Union (Withdrawal) Act 2018: with effect from the “exit day” of January 31, 2020 the European Communities Act 1972, which currently establishes the supremacy of EU law in the UK, is repealed but its effects were retained until December 31, 2020; and This exclusion from EU provisions relating to free movement applied to Channel Islanders unless they are directly connected with the United Kingdom – by birth, descent from a parent or grandparent born, adopted or naturalised in the UK, or had at any time been ordinarily resident within the United Kingdom for five or more years. Vessels located in any of the EU Member States countries will keep their EU VAT-paid status but lose any UK VAT-paid status. However, the Channel Islands were entitled to, and did, establish their own separate policies in relation to the right to live and work which were different to the polices that applied in the UK and the EU. As the Channel Islands are not a part of the EU and do not benefit from the UK’s membership (except for the provisions of Protocol 3 concerning trade in goods), Brexit will have no direct impact on the Channel Islands’ financial services industries and a limited impact on trade in goods as discussed below. In order to mitigate any impact on the flow of goods arriving into the Channel Islands by freight from the EU through UK borders, agreements have been reached with UK port authorities that trucks carrying goods destined for the Channel Islands will be prioritised, with specific traffic management in place around the main land routes, in order to manage any delays which may result at UK ports. If there had been a referendum the islands would overwhelmingly have voted "remain" because they already had an ideal relationship with the EU. ... is also non-Schengen but is part of the Common Travel Area with freedom of movement to and from the UK and smaller islands. Brexit will have no direct effect on the financial services industry in the Channel Islands, given that Protocol 3 was silent and did not impact on services. During this transition period the relationship between Guernsey and Jersey on the one hand, and the EU on the other, will not change. The Channel Islands' historic relationship with the EU. Any vessels located in the Channel Islands or the Isle of Man will lose both EU and UK VAT-paid status. Paul Bowen QC. Those rights stem from a bilateral agreement between Gibraltar and the UK. Some Channel Islanders therefore do not now (and will not post-Brexit) have freedom of movement within the EU. Guernsey and Jersey voluntarily implement all EU sanctions, including asset freezes, and have an excellent regulatory relationship with their EU counterparts. However many fund managers continue to market Guernsey and Jersey funds in continental Europe using national private placement regimes. <> It is not anticipated that the adequacy status will change following Brexit. Simon Mackenzie and Marie McNeela, managing directors of Intertrust in Jersey and Guernsey respectively, explain what Brexit will mean for the Channel Islands and how collaboration remains a key pillar of the firm’s future strategy in the jurisdictions. Guidance has been published for affected businesses in a no deal scenario by both the Guernsey Border Agency Customs and Excise and the Government of Jersey. Although closely connected to the United Kingdom, the Channel Islands are not subject to the laws of the UK, and are not a part of the EU. Accordingly, the Channel Islands may be a suitable alternative home for UK fund managers facing such challenges. Senior Channel Island politicians are in Cardiff to discuss how Brexit could affect the Crown Dependencies. Most Channel Islands agricultural products are exported to the UK rather than to other Member States of the EU. Approval of the draft Ordinance will ensure that the current regime regarding the free-flow of personal data between Guernsey and the UK is maintained until the end of 2021, in the event that the UK does not receive a data protection adequacy decision by the end of the transition period on 31 December 2020. How Brexit may affect us. Politicians from both islands regularly travel to Brussels to meet with representatives of the EU institutions and both islands have committed to ensuring that they continue to have strong relationships … Although the intent in drafting regulations under the Sanctions Act was to maintain substantially the same effect as the ... Brexit… How does Brexit affect businesses? This position should therefore be unaffected by the UK leaving the EU. Whilst neither Guernsey nor Jersey is a member of the EU, some aspects of EU legislation are adopted by the Channel Islands in compliance with the bilateral agreements in place between Guernsey and Jersey and member states of the EU, including for example a number of tax information exchange agreements with Member States. An insurance policy issued after 31 December 2020 in respect of EEA risks will not be FSCS-protected, regardless of the location of the firm’s branch through which the policy is issued. Whilst the States of Guernsey's stated objectives in its Brexit preparations include mitigating any adverse impacts of Brexit (notably on trade in goods and services and on immigration) and pursuing any opportunities that are created as a result of Brexit, it is important that businesses in Guernsey continue to understand the changes and measures being adopted and how they may be … Welcome to the States of Guernsey's Brexit page, where you'll find important information about the UK's exit from the EU and any related impacts for our community. What Brexit Means for the Channel Islands. According to a 2019 report from global ecommerce insights firm Edge by Ascential, the U.K. is the world’s third-largest online retail market and the top market in Europe. Jersey and Guernsey make their own domestic legislation, although local laws passed by the States require ratification or sanction by Order in Council of Her Majesty by her Privy Council. Understanding how it might relate to the UK Caribbean Overseas Territories’ longer term objectives could well be thought provoking for the region as a whole. In addition, Guernsey and Jersey have voluntarily implemented legislation equivalent to that applicable in the EU in a number of fields, including financial services and data protection. <>/Metadata 127 0 R/ViewerPreferences 128 0 R>> The free movement of people between the Channel Islands and the UK is a long standing constitutional position, the current manifestation of which is in the CTA between the UK, Jersey, Guernsey, Isle of Man, Northern Ireland, and the Republic of Ireland. x��]Yo�H�~7�����f%�ɼȅ! %���� Protocol 3 provided that the pre-existing rights of Channel Islanders in the UK were not affected when the UK entered the EU. The Trade and Cooperation Agreement has three main pillars: trade, cooperation, and governance that took effect on Jan. 1, 2021. So what does post-Brexit holidaying across the Channel look like for Brits? In this regard in Guernsey, on 9 November 2020 a policy letter was published by the States of Guernsey requesting the approval of a draft Ordinance - The Data Protection (Authorised Jurisdiction) (Bailiwick of Guernsey) (Amendment) Ordinance, 2020. If the UK does not strike a deal with the EU in relation to financial services post-Brexit this could create challenges for UK-based fund managers. With around 1.3 million Brits living in Europe, Britain’s decision to leave the European Union on June 23rd is likely to have an affect on the expats living across countries such as Spain, Portugal and France. Guernsey and Jersey are therefore treated as “third countries” (i.e. Vessels located in the UK at the end of the transition period will keep their UK VAT-paid status, but lose any EU VAT-paid status. Brexit will have no direct effect on the financial services industry in the Channel Islands, given that Protocol 3 was silent and did not impact on services. When sending goods abroad, customers will need to complete and attach a customs declaration (CN22 or CN23), available from the Post Office ® or Royal Mail’s Click&Drop.This does not apply to customers sending items from Northern Ireland to the EU. There’s no doubt that preparing a business for a future in a post-Brexit world continues to be difficult due to ongoing uncertainty. Prime Minister Theresa May’s confirmation last week that the Crown Dependencies of Jersey, Guernsey and the Isle of Mann will be involved in Brexit negotiations has been welcomed by senior politicians from the islands.. Traditionally, the UK has been responsible for defence and for the international relations of the Channel Islands, including representing the Channel Islands in external negotiations with other states and bodies including the EU. The UK has agreed to renew a number of existing EU Free Trade Agreements with third countries, so that the same benefits will apply between the UK and those countries as before. However, if it does not obtain adequacy status, controllers and processors in the Channel Islands will need to treat the UK post-Brexit as a non-adequate third country for data protection purposes, which may add a layer of administrative complexity. Sending items abroad. However, Brexit will almost certainly affect most businesses which operate in Jersey, and individuals who live and work here, in one way or another. The approval granted to Guernsey and Jersey as “third party countries with adequacy” (Commission Decision 2008/393/EC) (which means that the EU Commission has recognised that the Channel Islands have an adequate level of protection for transfers of personal data to and from the EU to take place without any further safeguards) is “grandfathered” into the GDPR and is due for review by the EU in or about 2021. Guernsey and Jersey have committed to securing the rights of EU, EEA, and Swiss citizens and their family members resident in the Channel Islands following Brexit. In particular: Some UK fund managers have responded to this challenge by building a presence in the EU. non-EU members) for the purpose of financial services. Brexit Trade and Cooperation Agreement Summary . For example, if issued through a UK branch, an eligible policy in respect of risks in the UK, Channel Islands, Isle of Man and Gibraltar will be FSCS protected, as before. Yes. Does Brexit affect EU citizens I already employ? Anyone travelling on New Year’s Day 2021 will be asked to turn back if their passport does not comply. Brexit and the Channel Islands, a view from Guernsey and Jersey The Channel Islands played no direct part in the recent UK Brexit referendum and have no responsibility for the outcome! This would mean that if VAT had been paid when purchasing the vessel, it will have to be paid again if the vessel is sold into the UK or EU in future. If the UK does not agree a trade deal with the EU before the end of the transition period, all goods directly imported from the EU into Guernsey will require relevant customs declarations, and customs tariffs may apply. However, Channel Islanders (who are British citizens), could not benefit from EU provisions relating to the free movement of persons or services. Guernsey and Jersey do not benefit from the UK’s membership of the EU other than in a limited fashion via Protocol 3. What effect does Brexit have on the regulation to which UK transport companies are subject generally? Times of great change such as Brexit lead to uncertainty and can be challenging, especially in the unprecedented circumstances represented by Covid 19. Any EU, EEA, and Swiss citizens who wish to remain in Guernsey or Jersey beyond that date will need to apply under the appropriate Settlement Scheme. In Jersey, the Data Protection (Jersey) Law 2018 was amended to allow the free flow of data from Jersey to the UK during the transition period and the Information Commissioner is monitoring the position. Protocol 3 will cease to have any effect on 31 December 2020, once the UK’s membership of the EU ceases. The transition period ended on 31 December 2020 at 11pm when the new relationship between the UK and EU came into effect. Until the UK implements cooperation agreements with Member States those managers may not be able to market funds in the EU by private placement.
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