As small islands, Guernsey and Jersey need to apply policies regarding the right to reside and the right to work which respond to the needs of the economy while ensuring that housing and population development is sustainable. Tourist and business visits The Channel Islands are part of the Common Travel Area (CTA) with the UK and Ireland. There is close bilateral cooperation with the UK and France on maritime protection. 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 … Both have had tax crimes as a predicate offence for AML purposes for more than a decade. Competition policy The effect of the UK leaving the European Union is uncertain. The Channel Islands are part of the Common Travel Area (CTA) with the UK and Ireland. One distinct advantage to Guernsey insurers not being part of the EU must not be overlooked. For those areas previously covered by Protocol 3 (and hence still covered during the Transition Period), EU legislation is directly applicable, and the Channel Islands are regarded as part of the UK Member State. As small islands, Guernsey and Jersey have a services-based economy. Other EU member states will not even consider the registration of non-EU entities as taxpayers. The Channel Islands have shown themselves by their actions to be reliable, active and cooperative partners of the EU and of the wider international community. The Channel Islands are part of the UK telephone numbering plan which is managed by OFCOM in accordance with the relevant EU Directives. Moving outside of the EU, Guernsey captive insurers find themselves in an equal position to those captives domiciled within the EU. Environment 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. 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. However, the Channel Islands’ own legislation deals with competition questions in a manner consistent with treatment of similar questions under EU competition law. Guernsey and Jersey’s legislation came into effect on 25 May 2018, the same date as the GDPR and the LED. As small islands, Guernsey and Jersey need to apply policies regarding the right to reside and the right to work which respond to the needs of the economy while ensuring that housing and population development is sustainable. Tourism is therefore an important industry. The implementation of legislation has been underpinned by active cooperation between veterinary, agricultural and food safety experts in the Channel Islands and their EU counterparts. However, for Protocol 3 purposes (and hence until the end of the Transition Period), a person who was born in the UK, or who has at least one parent or grandparent who was born in the UK, or who has resided in the UK for 5 years is not a “Channel Islander”. This was recognised most recently by EU Finance Ministers (ECOFIN) who, on 12 March 2019, confirmed that Guernsey and Jersey were cooperative jurisdictions, following a rigorous assessment process coordinated by the EU’s Code of Conduct Group on Business Taxation. Through being a part of the customs union, the Channel Islands apply the Common External Tariff (CET) to imports of goods from third countries. 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. Further details can be found in the separate note“The Channel Islands and Brexit”. 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. 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. This provides for passport-free travel and simplified entry procedures for business visitors and tourists. However, the bulk of the energy needs in the Channel Islands are met from supplies from the EU, mainly by electricity cable interconnectors from France, so the Channel Islands have a strong interest in a properly functioning, competitive EU energy market, with security of supplies. However, for Protocol 3 purposes (and hence until the end of the Transition Period), a person who was born in the UK, or who has at least one parent or grandparent who was born in the UK, or who has resided in the UK for 5 years is not a “Channel Islander”. EU electricity Directives in the Third Energy Package therefore generally did not apply in the Channel Islands. They have a combined population of approximately 165,000, and a combined GDP of approximately £6.2billion. Telecomunications In addition to the varying state taxes and parafiscal charges in some states to fund fire and emergency services, the captive insurer needs to be mindful of the additional 3% Federal Income Tax deducted from premiums paid to non-admitted insurers. 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. 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. The Bailiwick of Guernsey belongs to the Common Travel Area.A bailiwick is the area or district of jurisdiction of a Bailiff. 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. Guernsey funds with a Guernsey manager which are not actively marketed into the EU/EEA fall outside the scope of AIFMD. The 1st Non-Life Insurance Directive (73/239/ EEC) defines the 18 classes of non-life insurance, but interpretation by each territory as to where business falls within these classifications can vary. The Channel Islands are third countries for the purposes of the EU’s Common Commercial Policy (CCP). European Union (EU) citizens moving to Guernsey must obtain a Guernsey housing license in order to occupy a local market property. EU 27 nationals represent around 20% of the resident population in Jersey and around 7% of the resident population in Guernsey. The US and Canada both offer opportunities for local policyholders to file and settle premium taxes and charges on behalf of their captive insurers. ""EU provision" has the meaning given in the European Union (Brexit) (Bailiwick of Guernsey) Law, 2018, and includes an item of Preserved EU law within the meaning of that Law,", and in the definition of "implementation", for "Community provision" substitute "EU provision". Under this Regulation the Channel Islands must adhere to EU rules to facilitate and enable trade in such products including in relation to veterinary legislation; animal health; plant health; marketing of seeds; food; feeding stuffs; and quality and marketing standards. Non-EU-based captive insurers may be able to take advantage of the locally based policyholder to file premium taxes on their behalf in Germany. Looking to Asia, captives writing Singapore-based risk on a non-admitted basis have an added advantage over local insurance companies, in that the 7% local GST is not applicable where the premium transaction is offshore. Air and sea links are vital for small island economies like Guernsey and Jersey. 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. There is close cooperation between the Channel Islands and the French authorities on emergency planning and on radioactive sampling. However, for Protocol 3 purposes (and hence until the end of the Transition Period), a person who was born in the UK, or who has at least one parent or grandparent who was born in the UK, or who has resided in the UK for 5 years is not a “Channel Islander”. This requirement was previously set out in Protocol 3 and continues to apply for the duration of the Transition Period. If these nuances provide premium tax filing and settlement challenges to EU-based insurers writing EU-based risk, the challenges can only increase for Guernsey, or other non-EU jurisdictions looking to ensure premium tax compliance, with the added regulatory issues and whether they are physically able to even register with EU premium tax authorities. 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. Guernsey and Jersey immigration rules, including with respect to visa requirements, are aligned with those of the UK immigration rules. The right to reside and the right to work 1. EU electricity Directives in the Third Energy Package therefore generally did not apply in the Channel Islands. 2. For example, the Channel Islands are covered by the UK’s ratification of the Basel Convention on the control of trans-boundary movements of hazardous waste and their disposal, although for the purposes of the EU’s implementing legislation in this area they were third countries. So, for example, in the application of their residency policies they cannot favour, say, British nationals over other EU nationals. Keen-eyed observers will spot a few differences, like blue post boxes and the use of … The Bailiwick of Guernsey is also not part of the European Union. The Bailiwick ranked 10th in the world in 2015 with an average life expectancy of 82… Guernsey and Jersey are attractive tourist destinations with their natural beauty and their unique culture and heritage. 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. EU nationals are not subject to any visa controls. UK travellers visiting the EU once the Brexit transition period ends will face a number of new hurdles. This provides for passport-free travel and simplified entry procedures for business visitors and tourists. Director of Public Health Dr Nicola Brink said 975 doses arrived on the island on Thursday. Both Islands are noted for the quality of their fresh fish and seafood, for their dairy products made from the unique Guernsey and Jersey cattle breeds, and for other products such as cut flowers, potatoes, wine and cider. Guernsey Finance - the promotional agency for the island's finance industry internationally - is a joint industry and Government initiative responsible for the promotion of Guernsey. As a VAT system does not exist in Guernsey, and with a recent proposal to introduce one being voted out, certain claims costs incurred by the insurer will be VAT free. WE ARE GUERNSEY is the brand under which Guernsey Finance promotes the island's financial services sector internationally. Karen Jenner, of FiscalReps, speaks to Captive Review about the hurdles surrounding premium tax compliance for insurers and captives domiciled in Guernsey. Like transport, energy services are a service under EU law and so were outside the scope of Protocol 3. In the wake of this announcement, Guernsey’s chief minister, Jonathan Le Tocq, wrote to the European tax commissioner Pierre Moscovici to welcome the news. There is close bilateral cooperation with the UK and France on maritime protection. Guernsey and Jersey are attractive tourist destinations with their natural beauty and their unique culture and heritage. During the German occupation of their island, a group of Guernsey policemen were deported to brutal labour camps in Nazi-occupied Europe after appearing before a British court. It is 30 miles (48 km) west of Normandy, France, and roughly triangular in shape. The median age for males is 40 years and for females is 42 years. Guernsey and Jersey have the same need as EU Member States to protect their public finances and therefore have common cause with the EU in tackling tax evasion, fraud and aggressive tax avoidance. However virtually all aviation and shipping links from the Channel Islands are to the UK, France and other EU destinations. This will continue to apply for the duration of the Transition Period. Both Bailiwicks have long agricultural and fisheries traditions. In 2018, the UK was the largest recipient of Chinese outbound foreign direct investment, surpassing the US, which has historically been the biggest recipient. Guernsey and Jersey’ domestic data protection legislation is based on EU law. (once available) the third-country passporting regime. As specialist finance centres, Guernsey and Jersey recognise the important role they must play in tackling financial and economic crime, particularly as regards AML/CFT. As a VAT system does not exist in Guernsey, and with a recent proposal to introduce one being voted out, certain claims … Telecomunications EU nationals are not subject to any visa controls. 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 … Guernsey and Jersey immigration rules, including with respect to visa requirements, are aligned with those of the UK immigration rules. 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. Competition policy 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. Overview. In the ongoing desire for global compliance, solutions are being sought to deal with 'difference in conditions/difference in limits' ('DIC-DIL') covers and other non-admitted … Its capital is St. Peter Port. Non-EU-based insurers successfully register with HMRC and file ongoing IPT in the UK, and similar success is regularly evidenced in the Netherlands. This requires the operator (the airline or ferry company) and the airport or port to comply with relevant EU standards. Above, Oslo, who also enjoys a trade-only relationship with the EU So, for example, in the application of their residency policies they cannot favour, say, British nationals over other EU nationals. In Australia local insureds can file and settle relevant charges on behalf of their captive insurer. The Channel Islands (“the Islands”) consist of the Bailiwicks of Guernsey and Jersey. 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). Tourism is therefore an important industry. So which countries are in the European Union, which countries aren’t, and are countries like Guernsey and … 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. 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. This had hitherto been governed by Protocol 3 of the UK’s Accession Treaty. However, the bulk of the energy needs in the Channel Islands are met from supplies from the EU, mainly by electricity cable interconnectors from France, so the Channel Islands have a strong interest in a properly functioning, competitive EU energy market, with security of supplies. However, the Channel Islands’ 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. Although small, only 62 sq km (38 sq miles) in size, Guernsey harbours a strong local identity. 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. Energy 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. Together with the Bailiwick of Jersey, the Bailiwick of Guernsey is included in the grouping known as the Channel Islands. The PA news agency looks at key questions on travel to the EU in 2021. The EY classification doesn’t determine the length of time stock is to be static in a warehouse before it becomes ‘property’ (classes 8 and 9) versus ‘goods in transit’ (class 7). By using this site you are giving your consent for us to set cookies. Tourist and business visits Here, the PA news agency looks at nine key questions on travel in 2021. Protocol 3 excluded “Channel Islanders” from the provisions of the Treaty relating to the free movement of persons provisions of the Treaty. Like transport, energy services are a service under EU law and so were outside the scope of Protocol 3. The detailed rules setting out the conditions with respect to trade in agricultural products (which include fish and fish products) are set out in EC Regulation 706/73, as amended. Investment However, the bulk of the energy needs in the Channel Islands are met from supplies from the EU, mainly by electricity cable interconnectors from France, so the Channel Islands have a strong interest in a properly functioning, competitive EU energy market, with security of supplies. Controls in respect of the right to work by EU nationals in the Channel Islands are dealt with under the respective domestic legislation in each island, subject to the requirement that the Channel Islands must treat all EU nationals equally. After the UK left the EU on 31 January, Guernsey was forced to introduce permits because it was no longer party to the London Fisheries Convention, which governs access to waters for its signatories. This provides for passport-free travel and simplified entry procedures for business visitors and tourists. The Commission has reissued its document to provide a brief update to regulated firms, the States of Guernsey and other stakeholders on recent developments relating to the EU’s Markets in Financial Instruments Directive that could have a significant impact of firms located in the Bailiwick who are, or may be … The Channel Islands were outside the Common Agricultural Policy (CAP): they did not pay into nor received funds from the EU budget. Sustainable Investing for Private Wealth and Family Offices, Global distribution map for Guernsey funds, Infrastructure - Guernsey for alternatives, Real Estate Investment Trust - Guernsey for alternatives, Aviation services - registration, ownership and operation, Cayman vs Guernsey - substance and jurisdiction choice, Foundations Law - Jurisdiction Comparison, Foundations Law - comparison with reserved powers trusts, Luxembourg vs Guernsey - marketing and jurisdiction choice, ESG, Green and Sustainable Investing - Understanding the depth of local knowledge, a survey, Guernsey as a centre for green and sustainable finance - a jurisdictional assessment, Reporting Global Developments - Family Offices Financing Sustainability, Reporting Global Developments - Family Offices, Reporting Global Developments - Private Capital in Private Equity, Making waves - the power of private capital, Guernsey - a leading centre of green and sustainable finance, Guernsey's commitment to strategic action on green finance, Guernsey's seven world-leading green products and services, Uses of Special Purpose Insurers in Guernsey. Whether you're an EE or EE Legacy customer, find out exactly how much it costs to make and receive calls, text and send picture messages in Guernsey. OECD Decisions and Recommendations apply to Guernsey and Jersey to the same extent as they do to the UK unless the contrary is specifically stated in a particular case. 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. Such people do enjoy full free movement rights throughout the EU (including the right to work and reside). 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. Only those provisions within EU trade and investment agreements that gave improved market access to the EU for goods from a non-EU country will continue to apply directly in the Channel Islands for the duration of the Transition Period. Jersey and the European Union. 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. As major well-regulated financial centres, both Guernsey and Jersey are significant net providers of liquidity and investment funds to the EU economy. Further details of the financial services industry in the Islands and of the relationship with the EU can be found in the separate note “Channel Islands-EU – Financial Services“. In conclusion, it would appear that there are premium tax compliance issues aside from regulatory challenges for all captive insurers writing cross border business – albeit those challenges may differ slightly depending on whether the captive is based within or outside EU member states. The main exports of goods are agricultural and fisheries products. Gaelic Games Europe represents European County Board GAA, European County Board LGFA and European International Board CA, each of which is governed by their respective associations, namely the Gaelic Athletic Association, the Ladies Gaelic Football Association and the Camogie Association. For most purposes the Channel Islands were already outside the EU (third countries) and cooperation in these areas will not be directly affected by the UK’s withdrawal. Virtually all manufactured goods are imported. During the period that the UK was an EU Member State, Guernsey was neither a separate Member State nor an Associate Member of the European Union. However, Regulation 706/73 imposed certain constraints on the Channel Islands’ own systems of agricultural support: state aid for exports of certain agricultural products to Member States and to non-EU countries could not exceed the relevant aid, refund or compensatory amount permitted to be granted by the UK under the respective EU rules. Complexities in these territories arise with the differing rules and requirements on a stateby-state basis in addition to the potential FET obligations. However, Channel Islands consumers going abroad (and UK/EU consumers visiting the Channel Islands) do not currently benefit from the lower voice and data charges secured by the EU Roaming Regulations. The constitutional relationship between the Crown Dependencies (the Bailiwicks of Guernsey and Jersey, and the Isle of Man) and the UK and the EU is different to that of the UK Overseas Territories. EU electricity Directives in the Third Energy Package therefore generally did not apply in the Channel Islands. Guernsey and Jersey voluntarily implement all EU sanctions, including asset freezes. Sign up for our newsletter and get the latest news from the financial industry. This requirement was previously set out in Protocol 3 and continues to apply for the duration of the Transition Period. The population is 63,026 (July 2016 est.) Competition policy It's a self-governing British Crown dependency, and the locals are quick to point out that it is not part of the United Kingdom and European Union. Guernsey ceased to be ruled by Normandy in 1204. 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