Trade Each Bailiwick has significant marine energy resources (both wind and tidal current) that, if developed, could be exported into the EU to assist with climate change commitments. It does not derive from EU law but predates it and hence was not linked to Protocol 3. Many of these products are exported to the EU. Guernsey is currently part of the EU Customs Union by virtue of Protocol 3, which also provides (with limited exceptions) for the free movement of persons between Guernsey and the EU. Guernsey and Jersey are attractive tourist destinations with their natural beauty and their unique culture and heritage. Such people do enjoy full free movement rights throughout the EU (including the right to work and reside). The Channel Islands were outside the EU for the purposes of transport, since this was a service provision which was not covered by Protocol 3. Financial services firms are major employers in the islands, with over a quarter of the workforce (19,000 jobs) employed in the sector. It does not derive from EU law but predates it and hence was not linked to Protocol 3. The European Communities (Bailiwick of Guernsey) Law, 1973b ("the 1973 Law") is amended as set out in Schedule 1. The Channel Islands are not within the EU common system of VAT so trade in goods is not subject to the EU Principal VAT Directive. The population growth rate is 0.775% with 9.62 births/1,000 population, 8 deaths/1,000 population, and annual net migration of 6.07/1,000 population. Such people do enjoy full free movement rights throughout the EU (including the right to work and reside). The Channel Islands have implemented domestic legislation which is essentially equivalent to the new EU General Data Protection Regulation (GDPR) and the related EU Directive on data exchange between law enforcement authorities (LED). Like the UK and Ireland, Guernsey and Jersey are outside the visa/check-free Schengen area and so operate border controls for flights or ships arrivals from countries other than the UK or Ireland. However, the Channel Islandsâ own legislation deals with competition questions in a manner consistent with treatment of similar questions under EU competition law. They therefore make a very important contribution to the economy and to community life in both Bailiwicks. Guernsey and Jersey are attractive tourist destinations with their natural beauty and their unique culture and heritage. Protection of the environment on land and in the surrounding marine areas is crucial for the unique ecosystems of the Channel Islands. Tourist and business visits Telecomunications European Union (EU) citizens moving to Guernsey must obtain a Guernsey housing license in order to occupy a local market property. The Channel Islands are part of the Common Travel Area (CTA) with the UK and Ireland. Looking at the 2nd Non-Life Insurance Directive (88/357/EEC) article 2(d) – Location of Risk Rules – interpretation of ‘vehicles of any type’ can also vary across member states. Such people do enjoy full free movement rights throughout the EU (including the right to work and reside). For example, the Channel Islands are covered by the UKâs ratification of the Basel Convention on the control of trans-boundary movements of hazardous waste and their disposal, although for the purposes of the EUâs implementing legislation in this area they were third countries. Moving into Latin America, and again leaving regulatory issues to our colleagues in the legal profession, in Chile there may be opportunities for a local insured to file and settle withholding tax on premiums on behalf of its offshore captive insurer; similarly in Peru for Income Tax and IGV Sales Taxes, and in Colombia for IVA Sales Tax. The proximity of the Flamanville nuclear power station to the Channel Islands makes EU competence for nuclear safety standards under the Euratom Treaty of importance. Jersey and the European Union. Moving outside of the EU, Guernsey captive insurers find themselves in an equal position to those captives domiciled within the EU. This measure of the difference, in water … Tourism is therefore an important industry. The Channel Islands are therefore directly affected by the relevant European legislation concerning spectrum and benefit from being part of a larger European group when harmonising spectrum usage in international negotiations. The OECD Convention was extended to Guernsey and Jersey in 1990 and they are part of the UK for the purposes of its membership of the OECD. The Channel Islands are committed to some international environmental standards on which EU legislation has subsequently been based. Competition policy per se was not within the scope of Protocol 3 (although normal conditions of competition in trade in agricultural products apply) so there was no obligation on the Channel Islands to follow general EU competition rules. The German tax authorities deem this register to determine that any vessels operating out of their ports are subject to German premium tax. Telecomunications The Channel Islands are not members of the International Telecommunications Union and the UK Regulator, OFCOM, manages and licences spectrum rights of use on the Channel Islandsâ behalf. For international agreements related to other aspects of trade and investment, the Channel Islands continue to rely on the UK to represent them internationally and extend agreements to the Channel Islands on their behalf where agreed. Otherwise transport legislation in the Channel Islands is largely based on international standards set by bodies such as the International Civil Aviation Organization (ICAO) and the International Maritime Organization (IMO). Under the leadership of Chief Executive Rupert Pleasant, the agency ensures that the core values and competencies of the island's finance sector are accepted and respected by the global community and that financial business development flows are enhanced. The Channel Islands were outside the Common Agricultural Policy (CAP): they did not pay into nor received funds from the EU budget. These international standards have often been transposed into EU law, and built upon. In the UK for example, the literal interpretation of vehicle is at its widest; on the contrary in Malta, in line with the view of the EU Commission, the interpretation of vehicles is restricted to motor vehicles only. They therefore make a very important contribution to the economy and to community life in both Bailiwicks. So, for example, in the application of their residency policies they cannot favour, say, British nationals over other EU nationals. These generally last for a maximum of 5 years, although longer licenses may … The life expectancy is 80.1 years for males and 84.5 years for females. These requirements will continue to apply until the end of the Transition Period. 2. 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 … The Channel Islands are not within the EU common system of VAT so trade in goods is not subject to the EU Principal VAT Directive. Tourist and business visits There is close bilateral cooperation with the UK and France on maritime protection. It is 30 miles (48 km) west of Normandy, France, and roughly triangular in shape. We use cookies on this site to enhance your user experience. In any of these particular instances, it appears that all insurance activity and premium transactions should take place offshore. Both have had tax crimes as a predicate offence for AML purposes for more than a decade. Each Bailiwick has significant marine energy resources (both wind and tidal current) that, if developed, could be exported into the EU to assist with climate change commitments. Similarly, EU fisheries conservation measures under the Common Fisheries Policy (CFP) did not apply directly to the Channel Islands under Protocol 3 and the Channel Islands did not pay into or receive money from the EU (or UK) budget, including the European Maritime and Fisheries Fund – EMFF. Guernsey and Jersey are among a small group of third country jurisdictions that are the subject of a European Commission âadequacy decisionâ, meaning that they have been officially assessed as meeting EU data protection standards. Environment To add to confusion, in several EU countries IPT legislation was written many years prior to the issuance of the directive. As small islands, Guernsey and Jersey have a services-based economy. So, for example, in the application of their residency policies they cannot favour, say, British nationals over other EU nationals. Like transport, energy services are a service under EU law and so were outside the scope of Protocol 3. Tourist and business visits This provides for passport-free travel and simplified entry procedures for business visitors and tourists. The Channel Islands are not members of the International Telecommunications Union and the UK Regulator, OFCOM, manages and licences spectrum rights of use on the Channel Islandsâ behalf. The Channel Islands (âthe Islandsâ) consist of the Bailiwicks of Guernsey and Jersey. By using this site you are giving your consent for us to set cookies. 7 It has the highest tides in Europe. As Guernsey is not party to the UK Tax Treaty with the US, FET of 4% would apply to insurance premiums written on a direct basis by a Guernsey domiciled captive, or 1% of reinsurance premiums. Comprehending and appreciating the issues as well as staying on top of ongoing developments is key to the successful and ongoing compliance of any captive insurer. An interesting complication arising from the varying approaches is with regard to the treatment of stock. The terms relating exclusively to the Channel Islands and the Isle of Man were subsequently embodied in Protocol No. Designed for the purposes of the UK immigration rules, including with the UK leaving the European has... They have a robust and internationally respected system of financial regulation, including with to... 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