1

House of Commons

Tuesday 1 May 2018

Consideration of Bill (Report Stage)

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Amendments tabled since the last publication: NC21 to NC24 and 34

[R] Relevant registered interest declared

Sanctions and Anti-Money Laundering Bill

[Lords], As Amended

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withdrawn amendments at the end.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 Sanctions and Anti-Money Laundering Bill [Lords]

(Programme (No. 2)) Motion to be proposed by Secretary Boris Johnson.

New Clauses, new Schedules and amendments relating to gross violations

of human rights, to public registers in Crown Dependencies and British

overseas territories of beneficial ownership of companies, or to

Scottish limited partnerships

Sir Alan Duncan

Helen Goodman

Anneliese Dodds

NC3

To move the following Clause—

“Periodic reports on exercise of power to make regulations under section 1

(1)    

The Secretary of State must as soon as reasonably practicable after the end of each

reporting period lay before Parliament a report which—

(a)    

specifies the regulations under section 1, if any, that were made in that

reporting period,

(b)    

identifies which, if any, of those regulations—

(i)    

stated a relevant human rights purpose, or

(ii)    

amended or revoked regulations stating such a purpose,

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

(c)    

specifies any recommendations which in that reporting period were made

by a Parliamentary Committee in connection with a relevant independent

review, and

(d)    

includes a copy of any response to those recommendations which was

made by the government to that Committee in that reporting period.

(2)    

Nothing in subsection (1)(d) requires a report under this section to contain

anything the disclosure of which may, in the opinion of the Secretary of State,

damage national security or international relations.

(3)    

For the purposes of this section the following are reporting periods—

(a)    

the period of 12 months beginning with the day on which this Act is

passed (“the first reporting period”), and

(b)    

each period of 12 months that ends with an anniversary of the date when

the first reporting period ends.

(4)    

For the purposes of this section—

(a)    

regulations “state” a purpose if the purpose is stated under section 1(3) in

the regulations;

(b)    

a purpose is a “relevant human rights purpose” if, in the opinion of the

Secretary of State, carrying out that purpose would provide

accountability for or be a deterrent to gross violations of human rights.

(5)    

In this section—

“the government” means the government of the United Kingdom;

“gross violation of human rights” has the meaning given by section 1(6A);

a “Parliamentary Committee” means a committee of the House of

Commons or a committee of the House of Lords or a joint committee of

both Houses;

a “relevant independent review”, in relation to a Parliamentary Committee,

means a consideration by that Committee of whether the power to make

regulations under section 1 should be exercised in connection with a

gross violation of human rights.”

Member’s explanatory statement

This new clause requires periodic reports to be made about the use of the power to make sanctions

regulations. A report must identify regulations relating to gross human rights violations. It must

also specify any recommendations made by a Parliamentary Committee for use of that power in

relation to such violations, and include the government’s response.

Sir Alan Duncan

NC21

To move the following Clause—

“Reports on public registration of beneficial ownership in certain territories

(1)    

The Secretary of State must, after the end of each reporting period, publish a

report—

(a)    

explaining in respect of each relevant territory what engagement took

place in that reporting period between—

(i)    

the government of the United Kingdom, and

(ii)    

the government of that territory,

on the subject of introducing in that territory a system of public registers

of beneficial ownership of companies, and

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

(b)    

noting any international standards (including in particular Standards

published by the Financial Action Task Force) to which the government

of the United Kingdom has had regard in any such engagement.

(2)    

Where a system of public registers of beneficial ownership of companies has been

introduced in a relevant territory—

(a)    

the report under subsection (1) relating to the reporting period in which

the system was introduced must note that it has been introduced, and

(b)    

the duty in that subsection does not subsequently apply in respect of that

territory.

(3)    

Where a report is published under subsection (1) the Secretary of State must lay

a copy of it before Parliament.

(4)    

For the purposes of this section the following are reporting periods—

(a)    

the period of 12 months beginning with the day on which this Act is

passed (“the first reporting period”), and

(b)    

each period of 12 months that ends with an anniversary of the date when

the first reporting period ends.

(5)    

For the purposes of this section the following are relevant territories—

any of the Channel Islands;

the Isle of Man;

Anguilla;

Bermuda;

Cayman Islands;

Gibraltar;

Montserrat;

Turks and Caicos Islands;

Virgin Islands.

(6)    

For the purposes of this section, a system of public registers of beneficial

ownership of companies has been introduced in a relevant territory when the law

of that territory includes public registration provision which is in force.

(7)    

In this section “public registration provision” means provision which in the

opinion of the Secretary of State broadly corresponds to Part 21A of the

Companies Act 2006 (information about people with significant control).

(8)    

The reference in subsection (7) to Part 21A of the Companies Act 2006 includes

any regulations made under that Part.”

Member’s explanatory statement

This new clause requires the Secretary of State to make periodic reports on engagement between

the United Kingdom government and the governments of the Crown Dependencies and certain

British overseas territories about introducing publicly accessible registers of beneficial ownership

of companies.

Sir Alan Duncan

NC22

To move the following Clause—

“Provision about introducing public registration of beneficial ownership in

certain territories

(1)    

Her Majesty may by Order in Council—

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

(a)    

provide for any provisions of or made under Part 21A of the Companies

Act 2006 (information about people with significant control) to extend to

a relevant overseas territory, with or without modifications, or

(b)    

make public registration provision for a relevant overseas territory,

if the territory is one in which a system of public registers of beneficial ownership

of companies has not been introduced before the date the Order in Council is

made.

(2)    

No recommendation may be made to Her Majesty in Council to make an Order

under this section unless a draft of the Order has been laid before, and approved

by a resolution of, each House of Parliament.

(3)    

If—

(a)    

the Financial Action Task Force publishes a Standard which

recommends that its members have publicly accessible registers of

beneficial ownership of companies, and

(b)    

a system of public registers of beneficial ownership of companies has not

been introduced in a particular relevant overseas territory by the relevant

time,

the Secretary of State must prepare a draft of an Order in Council under this

section which relates to that territory.

(4)    

In subsection (3) “the relevant time”, in relation to a territory, means the earliest

time following the publication of the Standard by which, in the opinion of the

Secretary of State, it would have been practicable for a system of public registers

of beneficial ownership of companies to have been introduced in that territory.

(5)    

An Order in Council under subsection (1)—

(a)    

may include supplemental, incidental, consequential and transitional

provision, and

(b)    

in particular, may provide for relevant provisions to prevail in the case of

any inconsistency between such provisions and any other provision in the

law of the territory to which they relate.

(6)    

In subsection (5) “relevant provision” means a provision of or made under the

Order, or a provision as extended by the Order to a territory.

(7)    

In this section “relevant overseas territory” means a British overseas territory

which is mentioned in section (Reports on public registration of beneficial

ownership in certain territories)(5).

(8)    

In this section the following have the same meaning as they have in section

(Reports on public registration of beneficial ownership in certain territories) (see

subsections (6) to (8) of that section)—

(a)    

“public registration provision”;

(b)    

references to introducing a system of public registers of beneficial

ownership of companies.

(9)    

Nothing in section 56(1) (provision about extent) is to be taken to limit the extent

of any power in this section.

(10)    

Nothing in this section affects any power to make an Order in Council in relation

to a relevant overseas territory that Her Majesty has apart from this section.”

Member’s explanatory statement

This new clause confers a power for Orders in Council to be made introducing in certain British

overseas territories laws about publicly accessible registers of beneficial ownership of companies.

It requires the Secretary of State to prepare drafts of such Orders in certain circumstances.

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

Sir Alan Duncan

NC23

To move the following Clause—

“Independent review relating to certain territories

(1)    

The Secretary of State must appoint an independent person to carry out a review

of what the likely effects would be if provision broadly corresponding to UK

public registration law were in force in each of the relevant territories.

(2)    

A review under this section must in particular include a consideration of the likely

effects of such provision on the prevention, detection and investigation of money

laundering.

(3)    

The person who conducts a review under this section must as soon as reasonably

practicable after completing the review send a report on its outcome to the

Secretary of State.

(4)    

On receiving a report under this section the Secretary of State must lay a copy of

it before Parliament.

(5)    

The Secretary of State may pay the expenses of a person who conducts a review

under this section and also such allowances as the Secretary of State may

determine.

(6)    

In this section—

“relevant territory” has the same meaning as in section (Reports on public

registration of beneficial ownership in certain territories);

“UK public registration law” means Part 21A of the Companies Act 2006

(information about people with significant control), including any

regulations made under that Part.”

Member’s explanatory statement

This new clause requires the Secretary of State to commission an independent report on the likely

effects, including the effects on money laundering, if publicly accessible registers of beneficial

ownership of companies were introduced in the Crown Dependencies and certain British overseas

territories.

Sir Alan Duncan

NC24

To move the following Clause—

“Sharing of beneficial ownership information

In section 445A(3)(a) of the Proceeds of Crime Act 2002 (report on sharing of

beneficial ownership information), for “July” substitute “March”.”

Member’s explanatory statement

This new clause has the effect of bringing forward to 1 March 2019 the date by which the report

required under section 445A of the Proceeds of Crime Act 2002 must be prepared (report about

certain arrangements between the United Kingdom and the Crown Dependencies and British

overseas territories for the sharing of beneficial ownership information).

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

Alison Thewliss

Dame Margaret Hodge

NC1

To move the following Clause—

“Scottish Limited Partnerships: partner requirement

(1)    

For the purposes of preventing money laundering, where a limited partnership

registered in Scotland has general partners at least one of those must be a British

citizen.

(2)    

Where a limited partnership registered in Scotland has limited partners at least

one of those must be a British citizen.

(3)    

In this section—

a “limited partnership registered in Scotland” means a partnership

registered under the Limited Partnerships Act 1907;

“British citizen” has the meaning given in part 1 of the British Nationality

Act 1981.

“general partner” has the meaning given in section 4(2) of the Limited

Partnership Act 1907;

“limited partner” has the meaning given in section 4(2A) of the Limited

Partnership Act 1907”

Dame Margaret Hodge

Mr Andrew Mitchell

Richard Benyon

Tom Tugendhat

Helen Goodman

Nick Herbert

Ms Harriet Harman

Nicky Morgan

Sir Vince Cable

Mr Kenneth Clarke

Frank Field

Ian Blackford

Nick Boles

Hilary Benn

Dr Sarah Wollaston

Jo Swinson [R]

Crispin Blunt

Meg Hillier

Mr Dominic Grieve

Yvette Cooper

Margaret Beckett

Stephen Crabb

Edward Miliband

Adam Holloway

John Mann

Heidi Allen

Caroline Flint

Bob Stewart

Rachel Reeves

Dame Caroline Spelman

Chris Bryant

Nigel Mills

Dr Rupa Huq

Alison Thewliss

Anna Soubry

Rushanara Ali

Jeremy Lefroy

Caroline Lucas

Grant Shapps

Anneliese Dodds

Catherine McKinnell

Wes Streeting

Stephen Kinnock

Catherine West

Jamie Stone

Tim Farron

Layla Moran

Tom Brake

Mr Mark Prisk

Mr Bob Seely

Wera Hobhouse

Lloyd Russell-Moyle

Joanna Cherry

NC6

To move the following Clause—

“Public registers of beneficial ownership of companies registered in British

Overseas Territories

(1)    

For the purposes of the detection, investigation or prevention of money

laundering, the Secretary of State must provide all reasonable assistance to the

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

governments of the British Overseas Territories to enable each of those

governments to establish a publicly accessible register of the beneficial

ownership of companies registered in each government’s jurisdiction.

(2)    

The Secretary of State must, no later than 31 December 2020, prepare a draft

Order in Council requiring the government of any British Overseas Territory that

has not introduced a publicly accessible register of the beneficial ownership of

companies within its jurisdiction to do so.

(3)    

The draft Order in Council under subsection (2) must set out the form that the

register must take.

(4)    

If an Order in Council contains requirements of a kind mentioned in subsection

(2)—

(a)    

it must be laid before Parliament after being made, and

(b)    

if not approved by a resolution of each House of Parliament before the

end of 28 days beginning with the day on which it is made, it ceases to

have effect at the end of that period (but without that affecting the power

to make a new Order under this section).

(5)    

In calculating a period of 28 days for the purposes of subsection (4), no account

is to be taken of any time during which Parliament is dissolved or prorogued or

during which both Houses are adjourned for more than four days.

(6)    

For the purposes of this section, “British Overseas Territories” means a territory

listed in Schedule 6 of the British Nationality Act 1981.

(7)    

For the purposes of this section, “a publicly accessible register of the beneficial

ownership of companies” means a register which, in the opinion of the Secretary

of State, provides information broadly equivalent to that available in accordance

with the provisions of Part 21A of the Companies Act 2006.”

Member’s explanatory statement

This new clause would require the Secretary of State to take steps to provide that British Overseas

Territories establish publicly accessible registers of the beneficial ownership of companies.

Helen Goodman

Anneliese Dodds

Catherine West

Lloyd Russell-Moyle

NC14

To move the following Clause—

“Public registers of beneficial ownership of companies in the Crown

Dependencies

(1)    

For the purpose of preventing money laundering, the Secretary of State must

provide all reasonable assistance to the governments of the Crown Dependencies

to enable each of those governments to establish a publicly accessible register of

the beneficial ownership of companies registered in that government’s

jurisdiction.

(2)    

The Secretary of State must, by the deadline set for the implementation of the

European Union’s 5th Anti-Money Laundering Directive, prepare a draft Order

in Council requiring the government of any Crown Dependency that has not

introduced a publicly accessible register of beneficial ownership of companies

within their jurisdiction to do so.

(3)    

The draft Order in Council under subsection (2)—

(a)    

must be laid before Parliament after being made, and