Session 2017-19
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Tuesday 27 February 2018

 

Public Bill Committee

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Amendments tabled since the last publication: 38 and NC7 to NC20

 

Sanctions and Anti-Money Laundering Bill


 

[Lords]


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in

 

accordance with the Resolution of the Programming Sub-Committee.

 


 

Resolution of the Programming Sub-Committee

 

The Programming Sub-Committee appointed by the Speaker in respect of the Bill

 

agreed the following Resolution at its meeting on Monday 26 February (Standing Order

 

83C):

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 9.25 am on Tuesday 27

 

February) meet—

 

(a)  

at 2.00 pm on Tuesday 27 February;

 

(b)  

at 11.30 am and 2.00 pm on Thursday 1 March;

 

(c)  

at 9.25 am and 2.00 pm on Tuesday 6 March;

 

(2)  

the proceedings shall be taken in the following order: Clauses 2 to 5;

 

Schedule 1; Clauses 6 to 18; Clause 1; Clauses 19 to 43; Schedule 2; Clauses

 

44 to 50; Schedule 3; Clauses 51 to 56; new Clauses; new Schedules;

 

remaining proceedings on the Bill.


 
 

Public Bill Committee: 27 February 2018                  

2

 

Sanctions and Anti-Money Laundering Bill-[Lords], continued

 
 

(3)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 5.00 pm on Tuesday 6 March.

 

Sir Alan Duncan has given notice of his intention to move a motion in the terms of the

 

Resolution of the Programming Sub-Committee [Standing Order No. 83C].

 


 

Sir Alan Duncan

 

That, subject to the discretion of the Chair, any written evidence received by the

 

Committee shall be reported to the House for publication.

 

 


 

Helen Goodman

 

29

 

Schedule  1,  page  49,  leave out lines 39 and 40

 

Helen Goodman

 

30

 

Schedule  1,  page  50,  leave out lines 2 and 3

 

Helen Goodman

 

31

 

Schedule  1,  page  50,  leave out paragraph 33

 


 

Helen Goodman

 

15

 

Clause  6,  page  5,  line  40,  at end insert “unless they are a person, or are doing so to

 

provide legitimate travel to a person, recognised as a refugee under the UN Convention

 

Relating to the Status of Refugees”

 

Member’s explanatory statement

 

This amendment would prevent sanctions being imposed on recognised refugees who own or

 

operate aircraft registered in a prescribed country.

 

Helen Goodman

 

16

 

Clause  6,  page  6,  line  33,  at end insert “,

 

    

unless an aircraft is providing legitimate travel to a person recognised as a refugee

 

under the UN Convention Relating to the Status of Refugees.”

 

Member’s explanatory statement

 

This amendment would mean that aircraft containing a recognised refugee would not constitute a

 

disqualified aircraft under this Act.

 



 
 

Public Bill Committee: 27 February 2018                  

3

 

Sanctions and Anti-Money Laundering Bill-[Lords], continued

 
 

Helen Goodman

 

17

 

Clause  7,  page  7,  line  36,  at end insert “,

 

    

unless the ship belongs to a person or the ship provides legitimate travel to a

 

person, recognised as a refugee under the UN Convention Relating to the Status

 

of Refugees.”

 

Member’s explanatory statement

 

This amendment would mean that shipping sanctions could not be imposed on ships belonging to,

 

or carrying, a recognised refugee.

 


 

Helen Goodman

 

18

 

Clause  15,  page  14,  line  41,  at end insert—

 

“(3A)    

Regulations must include provision for the establishment of a fast-track process

 

for dealing with requests for exceptions and licences for humanitarian purposes.”

 

Member’s explanatory statement

 

This amendment would mean that regulations have to provide a fast-track process for dealing with

 

any requests for exceptions and licences for humanitarian purposes.

 

Helen Goodman

 

19

 

Clause  15,  page  14,  line  41,  at end insert—

 

“(3A)    

The Secretary of State must, within six months of this Act coming into force,

 

undertake a consultation on measures to establish an overarching framework for

 

exceptions and licences to be granted for the purposes of subsections (2) and (3).”

 

Member’s explanatory statement

 

This amendment would require the Government to consult on measures to establish a framework

 

for exceptions and licences to disapply the effect of sanctions.

 

Helen Goodman

 

20

 

Clause  15,  page  15,  line  12,  at end insert—

 

“(c)    

humanitarian, development, reconstruction and peace-building agencies

 

engaging with sanctioned individuals and entities in order to safely and

 

effectively carry out their activities.”

 

Member’s explanatory statement

 

This amendment would enable exceptions to any prohibition or requirement imposed by

 

regulations for humanitarian, development, reconstruction or peace-building purposes.

 


 

Sir Alan Duncan

 

4

 

Clause  17,  page  16,  line  12,  at end insert—

 

“( )    

Regulations—

 

(a)    

may create criminal offences for the purposes of the enforcement of

 

prohibitions or requirements mentioned in subsection (2)(a) or (b) or for

 

the purposes of preventing such prohibitions or requirements from being

 

circumvented, and


 
 

Public Bill Committee: 27 February 2018                  

4

 

Sanctions and Anti-Money Laundering Bill-[Lords], continued

 
 

(b)    

may include provision dealing with matters relating to any offences

 

created for such purposes by regulations (including provision that creates

 

defences).

 

( )    

Regulations may not provide for an offence under regulations to be punishable

 

with imprisonment for a period exceeding—

 

(a)    

in the case of conviction on indictment, 10 years;

 

(b)    

in the case of summary conviction—

 

(i)    

in relation to England and Wales, 12 months or, in relation to

 

offences committed before section 154(1) of the Criminal Justice

 

Act 2003 comes into force, 6 months;

 

(ii)    

in relation to Scotland, 12 months;

 

(iii)    

in relation to Northern Ireland, 6 months.”

 

Member’s explanatory statement

 

This amendment enables sanctions imposed by regulations under Clause 1 to be enforced by

 

criminal proceedings, and limits the terms of imprisonment that such regulations can allow to be

 

imposed for breach of sanctions.

 

Helen Goodman

 

21

 

Clause  17,  page  16,  line  36,  at end insert—

 

“(8)    

An appropriate Minister must publish guidance from the Crown Prosecution

 

Service on when it is in the public interest for a breach of a sanctions regulations

 

to be prosecuted.”

 

Member’s explanatory statement

 

This amendment would require the Government to publish guidance on when it is in the public

 

interest for a breach of sanctions regulations to be prosecuted.

 


 

Helen Goodman

 

22

 

Clause  18,  page  17,  line  7,  leave out subsection (4) and insert—

 

“(4)    

For the purposes of subsection (2)(b), a body incorporated or constituted under

 

the law of any part of the United Kingdom includes a body incorporated or

 

constituted under the law of the following—

 

(a)    

any of the Channel Islands;

 

(b)    

the Isle of Man;

 

(c)    

any of the British Overseas Territories.”

 

Member’s explanatory statement

 

This amendment would require the Government to include any of the Channel Islands, the Isle of

 

Man and any of the British Overseas Territories in the definition of “United Kingdom person”

 

under subsection(2).

 



 
 

Public Bill Committee: 27 February 2018                  

5

 

Sanctions and Anti-Money Laundering Bill-[Lords], continued

 
 

Helen Goodman

 

Anneliese Dodds

 

1

 

Clause  1,  page  2,  line  16,  at end insert “or

 

(i)    

further accountability for, or act or as a deterrent to, the commission of a

 

gross human rights abuse or violation.”

 

Member’s explanatory statement

 

This amendment would enable sanctions regulations to be made for the purpose of preventing, or

 

in response to, a gross human rights abuse or violation.

 

Helen Goodman

 

13

 

Clause  1,  page  2,  line  16,  at end insert “or

 

(i)    

further the prevention of serious organised crime and trafficking, in the

 

United Kingdom or elsewhere.”

 

Member’s explanatory statement

 

This amendment would enable sanctions regulations to be made for purposes which included the

 

prevention of serious organised crime and trafficking.

 

Helen Goodman

 

14

 

Clause  1,  page  2,  line  21,  at end insert—

 

“(3A)    

Regulations under this section must be accompanied by the publication of a

 

written memorandum by the appropriate Minister, and such a memorandum must

 

set out—

 

(a)    

how the relevant sanctions are consistent with the overall foreign policy

 

objectives of the UK government, including any specific regional

 

objectives where appropriate;

 

(b)    

clear objectives for the relevant sanctions, including well-defined and

 

realistic demands against which compliance can be judged;

 

(c)    

a coherent overarching diplomatic strategy for achieving the relevant

 

objectives, including steps to actively and systematically communicate

 

with targeted countries or persons on the specific concerns underpinning

 

the sanctions against them;

 

(d)    

a clear exit strategy, including specific and measurable changes in the

 

behaviour of any target or targets to be required as a precondition of any

 

future suspension or lifting of the relevant sanctions; and

 

(e)    

specific steps to be taken by Ministers to promote co-operation with, and

 

where possible the adoption of, any autonomous UK sanctions by other

 

countries.”

 

Member’s explanatory statement

 

This amendment would require the Government to publish a memorandum setting out the

 

objectives of any sanctions issued under this Act, and how they are consistent with the UK’s

 

foreign policy objectives.

 

Helen Goodman

 

Anneliese Dodds

 

2

 

Clause  1,  page  2,  line  37,  at end insert—

 

“(6A)    

In this section, conduct constitutes “the commission of a gross human rights

 

abuse or violation” if each of the following three conditions is met.


 
 

Public Bill Committee: 27 February 2018                  

6

 

Sanctions and Anti-Money Laundering Bill-[Lords], continued

 
 

(6B)    

The first condition is that—

 

(a)    

the conduct constitutes the torture of a person or a group of people who

 

have sought—

 

(i)    

to expose illegal activity carried out by a public official or a

 

person acting in an official capacity, or

 

(ii)    

to obtain, exercise, defend or promote human rights and

 

fundamental freedoms, or

 

(b)    

the conduct otherwise involves the cruel, inhuman or degrading

 

treatment or punishment of such a person or a group of people.

 

(6C)    

The second condition is that the conduct is carried out in consequence of that

 

person having sought to do anything falling within subsection (6B) (a) (i) or (ii).

 

(6D)    

The third condition is that the conduct is carried out—

 

(a)    

by a public official, or a person acting in an official capacity, in the

 

performance or purported performance of his or her official duties, or

 

(b)    

by a person not falling within paragraph (a) at the instigation or with the

 

consent or acquiescence—

 

(i)    

of a public official, or

 

(ii)    

of a person acting in an official capacity, who in instigating the

 

conduct, or in consenting to or acquiescing in it, is acting in the

 

performance or purported performance of his or her official

 

duties.

 

(6E)    

Conduct that involves the intentional infliction of severe pain or suffering on

 

another person or a group of people is conduct that constitutes torture for the

 

purposes of subsection (6B) (a).

 

(6F)    

Conduct is connected with the commission of a gross human rights abuse or

 

violation if it is conduct by a person that involves—

 

(a)    

acting as an agent for another in connection with activities relating to

 

conduct constituting the commission of a gross human rights abuse or

 

violation,

 

(b)    

directing, or sponsoring, such activities,

 

(c)    

profiting from such activities, or

 

(d)    

materially assisting such activities.

 

(6G)    

The cases in which a person materially assists activities for the purposes of

 

subsection (6F) (d) include those where the person—

 

(a)    

provides goods or services in support of the carrying out of the activities,

 

or

 

(b)    

otherwise provides any financial or technological support in connection

 

with their carrying out.”

 

Member’s explanatory statement

 

This amendment, which is consequential on Amendment 1, would define what constitutes the

 

commission of a gross human rights abuse or violation. This would include the torture of a person

 

who has sought to expose the illegal activity of a public official, or the torture of a person who had

 

sought to defend human rights or fundamental freedoms, by a public official or a person acting in

 

an official capacity.


 
 

Public Bill Committee: 27 February 2018                  

7

 

Sanctions and Anti-Money Laundering Bill-[Lords], continued

 
 

Sir Alan Duncan

 

3

 

Clause  1,  page  3,  line  2,  leave out “(d)” and insert “(h)”

 

Member’s explanatory statement

 

This amendment expands the reference in Clause 1 to subsection (2) so that it covers paragraphs

 

(e) to (h) of that subsection (as well as paragraphs (a) to (d)).

 


 

Helen Goodman

 

32

 

Clause  21,  page  18,  line  34,  leave out “3 years” and insert “12 months”

 

Helen Goodman

 

33

 

Clause  21,  page  18,  line  36,  leave out “3 years” and insert “12 months”

 


 

Helen Goodman

 

34

 

Clause  25,  page  20,  line  14,  leave out “3 years” and insert “12 months”

 

Helen Goodman

 

35

 

Clause  25,  page  20,  line  16,  leave out “3 years” and insert “12 months”

 


 

Helen Goodman

 

24

 

Clause  27,  page  20,  line  39,  leave out “the purpose stated in them under section

 

1(3)” and insert—

 

“(a)    

the purpose stated in them under section 1(3);

 

(b)    

the humanitarian impact;

 

(c)    

any British citizen, a British Overseas Territories citizen or British

 

overseas citizen who is not the intended target of sanctions issued under

 

this Act but who is directly or indirectly impacted by the imposition of

 

such sanctions”.

 

Member’s explanatory statement

 

This amendment would require the Government to review whether the sanctions regulations are

 

still appropriate for their specified purposes, including their humanitarian impact and impact on

 

British citizens who are indirectly affected by the imposition of sanctions.

 

Helen Goodman

 

25

 

Clause  27,  page  20,  line  40,  at end insert—

 

“(2A)    

The review of the humanitarian impact under subsection (2)(b) must be

 

conducted according to the methodology set out in Chapter 5 of the UN


 
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Revised 27 February 2018