Session 2017-19
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1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Tuesday 27 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

 

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withdrawn amendments at the end.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 of the Committee [27 February 2018].

 


 

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.


 
 

Notices of Amendments: 27 February 2018                  

2

 

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

 
 

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.

 

(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.


 
 

Notices of Amendments: 27 February 2018                  

3

 

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

 
 

(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.

 

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”


 
 

Notices of Amendments: 27 February 2018                  

4

 

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

 
 

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

 

InterAgency Standing Committee’s Sanctions Assessment Handbook: Assessing

 

the Humanitarian Implications of Sanctions, published in 2004.”

 

Member’s explanatory statement

 

This amendment, which is consequential on Amendment 24, would require the Government to

 

carry out a humanitarian impact assessment when reviewing the regulations issued under section

 

1.

 

Sir Alan Duncan

 

5

 

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

 

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)).

 

Helen Goodman

 

26

 

Clause  27,  page  21,  line  8,  at end insert—

 

“(d)    

the steps taken to promote the adoption of sanctions on a multilateral

 

basis;

 

(e)    

a summary of any representations made in relation to the exercise or

 

proposed exercise of the powers and the response of the appropriate

 

Minister to the same;

 

(f)    

a review from the Independent Reviewer, appointed pursuant to section

 

20 of the Terrorism Prevention and Investigation Measures Act 2011


 
 

Notices of Amendments: 27 February 2018                  

5

 

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

 
 

(‘the 2011 Act’), of the operation of this Act in the reports by the

 

Independent Reviewer produced pursuant to the 2011 Act.”

 

Member’s explanatory statement

 

This amendment would require the review of regulations to include consideration of the steps taken

 

to promote the adoption of sanctions, a summary of the representations made in relation to powers

 

under this Act and an independent review of the operation of this Act.

 

Helen Goodman

 

36

 

Clause  27,  page  21,  line  17,  at end insert—

 

“(5A)    

The Appropriate Minister who made the regulations must in each quarterly period

 

lay before Parliament a report for each sanctions regime and regulation

 

containing—

 

(a)    

the aggregate value of funds and other assets frozen;

 

(b)    

the number of suspected breaches and the aggregate value of such

 

breaches; and

 

(c)    

actions taken on suspected breaches.”

 

Member’s explanatory statement

 

This amendment would require the Government to report to Parliament on a quarterly basis about

 

the impact of sanctions regimes, including the number and value of suspected breaches of those

 

sanctions.

 


 

Helen Goodman

 

28

 

Clause  37,  page  29,  line  39,  at end insert—

 

“(d)    

reporting obligations;

 

(e)    

licensing requirement provisions.

 

(3)    

Where civilian payments and humanitarian activity are exempt from any

 

prohibitions and requirements imposed by the regulations, the appropriate

 

Minister must issue guidance.

 

(4)    

The guidance under subsection (3) must include—

 

(a)    

best practice for complying with the processing of civilian and

 

humanitarian activities to reduce the risk of funds benefiting designated

 

individuals, entities or organisations;

 

(b)    

mechanisms to limit the impact of prohibitions and requirements on a

 

permissible civilian and humanitarian activity;

 

(c)    

circumstances where the prohibitions and requirements may be relevant

 

in the context of the otherwise permissible delivery of a humanitarian

 

activity; and

 

(d)    

options setting out effective banking and payment corridors for the

 

processing of payments in support of a civilian and humanitarian activity

 

which is not subject to any prohibitions or requirements.”

 

Member’s explanatory statement

 

This amendment would require that the guidance issued about regulations under section 1 includes

 

guidance on reporting obligations and licensing requirements. It would also require the

 

Government to issue guidance on civilian payments and humanitarian activity exempt from

 

prohibitions and requirements imposed by regulations.


 
 

Notices of Amendments: 27 February 2018                  

6

 

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

 
 

Helen Goodman

 

27

 

Clause  37,  page  29,  line  39,  at end insert—

 

“(3)    

Where regulations under section 1 make provision as to the meaning of any

 

reference in the regulations to a person “owned” or “controlled” by another

 

person pursuant to section 50(3), the appropriate Minister must issue guidance.”

 

Member’s explanatory statement

 

This amendment would require the Government to issue guidance setting out the meaning of a

 

person “owned” or “controlled” by another person when regulations are issued to make provision

 

for this purpose under section 50(3).

 


 

Sir Alan Duncan

 

6

 

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)).

 


 

Anneliese Dodds

 

Helen Goodman

 

38

 

Parliamentary Star - white    

Clause  43,  page  33,  line  12,  at end insert—

 

“(1A)    

Provision made under subsection (1)(a) may in particular include provision for

 

enabling or facilitating the detection or investigation of money laundering, or

 

preventing money laundering, through limited partnerships registered in

 

Scotland.”

 

Member’s explanatory statement

 

This amendment would ensure that regulations under this section made in relation to money

 

laundering particularly applied to money laundering through limited partnerships in Scotland.

 

Sir Alan Duncan

 

7

 

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.

 



 
 

Notices of Amendments: 27 February 2018                  

7

 

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

 
 

Sir Alan Duncan

 

10

 

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

 

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.

 

      (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


 
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Revised 27 February 2018