Session 2017-19
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1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Wednesday 21 February 2018

 

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: 3 to 12 and NC3 to NC4

 

Public Bill Committee


 

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withdrawn amendments at the end.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 Order to be proposed by Sir Alan Duncan.

 


 

Sir Alan Duncan

 

To move, that the Bill be considered in the following order: Clauses 1 to 5; Schedule

 

1; Clauses 6 to 43; Schedule 2; Clauses 44 to 50; Schedule 3; Clauses 51 to 56; new

 

Clauses; new Schedules; remaining proceedings on the Bill.

 


 

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.

 

 



 
 

Notices of Amendments: 21 February 2018                  

2

 

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

 
 

Helen Goodman

 

Anneliese Dodds

 

1

 

Parliamentary Star - white    

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

 

Anneliese Dodds

 

2

 

Parliamentary Star - white    

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.

 

(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


 
 

Notices of Amendments: 21 February 2018                  

3

 

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

 
 

(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.

 

Sir Alan Duncan

 

3

 

Parliamentary Star    

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)).

 


 

Sir Alan Duncan

 

4

 

Parliamentary Star    

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

 

(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.

 


 

Sir Alan Duncan

 

5

 

Parliamentary Star    

Clause  27,  page  21,  line  5,  leave out “(d)” and insert “(h)”

 

Member’s explanatory statement

 

The provision amended here concerns a Minister’s review of regulations made under Clause 1


 
 

Notices of Amendments: 21 February 2018                  

4

 

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

 
 

which state a purpose within Clause 1(2). The amendment expands the reference to Clause 1(2) so

 

that it covers paragraphs (e) to (h) of Clause 1(2) (as well as paragraphs (a) to (d)).

 


 

Sir Alan Duncan

 

6

 

Parliamentary Star    

Clause  39,  page  30,  line  24,  leave out “(d)” and insert “(h)”

 

Member’s explanatory statement

 

The provision amended here is a condition which applies to the power to amend regulations made

 

under Clause 1 which state a purpose within Clause 1(2). The amendment expands the reference

 

to Clause 1(2) so that it covers paragraphs (e) to (h) of Clause 1(2) (as well as paragraphs (a) to

 

(d)).

 


 

Sir Alan Duncan

 

7

 

Parliamentary Star    

Clause  43,  page  33,  line  13,  leave out subsection (2)

 

Member’s explanatory statement

 

This amendment removes the provision that prevents contraventions of regulations under Clause

 

43 (money laundering and terrorist financing etc) from being enforceable by criminal

 

proceedings.

 


 

Sir Alan Duncan

 

10

 

Parliamentary Star    

Schedule  2,  page  53,  line  32,  leave out paragraph 15 and insert—

 

“15      

Make provision—

 

(a)    

creating criminal offences for the purposes of the enforcement of

 

requirements imposed by or under regulations under section 43, and

 

(b)    

dealing with matters relating to any offences created for such purposes

 

by regulations under section 43,

 

            

but see paragraphs 18 and 19.”

 

Member’s explanatory statement

 

This amendment, read with Amendment 12, makes clear that any offences included in regulations

 

under Clause 43 must be for the purposes of enforcing requirements imposed by or under

 

regulations under Clause 43 or (while they remain in force) the Money Laundering Regulations

 

2017.

 

Sir Alan Duncan

 

11

 

Parliamentary Star    

Schedule  2,  page  54,  line  11,  at end insert—

 

“20A (1)  

In this paragraph “relevant regulations” means regulations under section 43

 

which create any offence for the purposes of the enforcement of any

 

requirements imposed by or under regulations under section 43.


 
 

Notices of Amendments: 21 February 2018                  

5

 

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

 
 

      (2)  

The appropriate Minister making any relevant regulations (“the Minister”)

 

must at the required time lay before Parliament a report which—

 

(a)    

specifies the offences created by the regulations, indicating the

 

requirements to which those offences relate,

 

(b)    

states that the Minister considers that there are good reasons for those

 

requirements to be enforceable by criminal proceedings and explains

 

why the Minister is of that opinion, and

 

(c)    

in the case of any of those offences which are punishable with

 

imprisonment—

 

(i)    

states the maximum terms of imprisonment that apply to those

 

offences,

 

(ii)    

states that the Minister considers that there are good reasons

 

for those maximum terms, and

 

(iii)    

explains why the Minister is of that opinion.

 

      (3)  

Sub-paragraph (4) applies where an offence created by the regulations relates

 

to particular requirements and the Minister considers that a good reason—

 

(a)    

for those requirements to be enforceable by criminal proceedings, or

 

(b)    

for a particular maximum term of imprisonment to apply to that

 

offence,

 

            

is consistency with another enactment relating to the enforcement of similar

 

requirements.

 

      (4)  

The report must identify that other enactment.

 

      (5)  

In sub-paragraph (3) “another enactment” means any provision of or made

 

under an Act, other than a provision of the regulations to which the report

 

relates.

 

      (6)  

In sub-paragraph (2) “the required time” means the same time as the draft of

 

the statutory instrument containing the regulations is laid before Parliament.

 

      (7)  

This paragraph applies to regulations which amend other regulations under

 

section 43 so as to create an offence as it applies to regulations which otherwise

 

create an offence.”

 

Member’s explanatory statement

 

This amendment requires that where regulations under Clause 43 are made which include

 

offences, a report specifying the offences and giving reasons for any terms of imprisonment that

 

apply to them must be laid before Parliament.

 

Sir Alan Duncan

 

12

 

Parliamentary Star    

Schedule  2,  page  54,  line  39,  at end insert—

 

    “( )  

In paragraph 15 (offences), any reference to regulations under section 43

 

includes the Money Laundering Regulations 2017.

 

      ( )  

In paragraph 20A (report in respect of offences)—

 

(a)    

the reference in sub-paragraph (1) to requirements imposed by or

 

under regulations under section 43 includes requirements imposed by

 

or under the Money Laundering Regulations 2017, and

 

(b)    

the reference in sub-paragraph (7) to other regulations under section

 

43 includes the Money Laundering Regulations 2017.”

 

Member’s explanatory statement

 

This amendment has the effect that, while the Money Laundering Regulations 2017 remain in


 
 

Notices of Amendments: 21 February 2018                  

6

 

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

 
 

force, offences may be created by regulations under Clause 43 for the purposes of enforcing

 

requirements in the 2017 regulations.

 


 

Sir Alan Duncan

 

8

 

Parliamentary Star    

Clause  47,  page  34,  line  38,  leave out subsection (3) and insert—

 

“(3)    

Regulations under section 1 may amend the definition of “terrorist financing” in

 

section 43(4) so as to remove any reference to a provision of regulations that is

 

revoked by regulations under section 1.

 

(3A)    

Regulations under section 1 may amend the definition of “terrorist financing” in

 

section 43(4) so as to add a reference to a provision of regulations under section

 

1 that contains an offence, but only if—

 

(a)    

each purpose of the regulations containing the offence, as stated under

 

section 1(3), is compliance with a UN obligation or other international

 

obligation, or

 

(b)    

paragraph (a) does not apply but the report under section 2 in respect of

 

the regulations containing the offence indicates that, in the opinion of the

 

appropriate Minister making those regulations, the carrying out of a

 

purpose stated in those regulations under section 1(3) would further the

 

prevention of terrorism in the United Kingdom or elsewhere.”

 

Member’s explanatory statement

 

This amendment provides that regulations under Clause 1 may amend the definition of “terrorist

 

financing” in the Bill to add a reference to an offence only where the purpose of the regulations

 

containing the offence is compliance with a UN or other international obligation or a purpose

 

related to the prevention of terrorism.

 


 

Sir Alan Duncan

 

9

 

Parliamentary Star    

Clause  56,  page  42,  line  3,  leave out subsection (2)

 

Member’s explanatory statement

 

This amendment removes the privilege amendment inserted by the Lords.

 


 

Sir Alan Duncan

 

NC3

 

Parliamentary Star    

To move the following Clause—

 

         

“Report in respect of offences in regulations

 

(1)    

In this section “relevant regulations” means regulations under section 1 which

 

create any offence for the purposes of—

 

(a)    

the enforcement of any prohibitions or requirements imposed by or under

 

regulations under section 1, or

 

(b)    

preventing any such prohibitions or requirements from being

 

circumvented.


 
 

Notices of Amendments: 21 February 2018                  

7

 

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

 
 

(2)    

The appropriate Minister making any relevant regulations (“the Minister”) must

 

at the required time lay before Parliament a report which—

 

(a)    

specifies the offences created by the regulations, indicating the

 

prohibitions or requirements to which those offences relate,

 

(b)    

states that the Minister considers that there are good reasons for those

 

prohibitions or requirements to be enforceable by criminal proceedings

 

and explains why the Minister is of that opinion, and

 

(c)    

in the case of any of those offences which are punishable with

 

imprisonment—

 

(i)    

states the maximum terms of imprisonment that apply to those

 

offences,

 

(ii)    

states that the Minister considers that there are good reasons for

 

those maximum terms, and

 

(iii)    

explains why the Minister is of that opinion.

 

(3)    

Subsection (4) applies where an offence created by the regulations relates to a

 

particular prohibition or requirement and the Minister considers that a good

 

reason—

 

(a)    

for that prohibition or requirement to be enforceable by criminal

 

proceedings, or

 

(b)    

for a particular maximum term of imprisonment to apply to that offence,

 

    

is consistency with another enactment relating to the enforcement of a similar

 

prohibition or requirement.

 

(4)    

The report must identify that other enactment.

 

(5)    

In subsection (3) “another enactment” means any provision of or made under an

 

Act, other than a provision of the regulations to which the report relates.

 

(6)    

In subsection (2) “the required time” means—

 

(a)    

in the case of regulations contained in a statutory instrument which is laid

 

before Parliament after being made, the same time as the instrument is

 

laid before Parliament;

 

(b)    

in the case of regulations contained in a statutory instrument a draft of

 

which is laid before Parliament, the same time as the draft is laid.

 

(7)    

This section applies to regulations which amend other regulations under section

 

1 so as to create an offence as it applies to regulations which otherwise create an

 

offence.”

 

Member’s explanatory statement

 

This new clause requires that where regulations under Clause 1 are made which include offences,

 

a report specifying the offences and giving reasons for any terms of imprisonment that apply to

 

them must be laid before Parliament.

 


 

Sir Alan Duncan

 

NC4

 

Parliamentary Star    

To move the following Clause—

 

         

“Duties to lay certain reports before Parliament: further provision

 

(1)    

In this section “a reporting provision” means section 2(4), (Reporting

 

requirement where offences created)(2) or 40(2) or paragraph 20A(2) of

 

Schedule 2 (duties to lay before Parliament certain reports relating to

 

regulations).


 
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Revised 21 February 2018