Session 2017-19
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1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Tuesday 24 April 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: 10 to 19 and NC3 to NC5

 

Consideration of Bill (Report Stage)


 

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withdrawn amendments at the end.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 the

 

order in which they relate to the Bill.

 


 

Alison Thewliss

 

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.


 
 

Notices of Amendments: 24 April 2018                  

2

 

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

 
 

“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”

 


 

Alison Thewliss

 

NC2

 

To move the following Clause—

 

         

“Companies House: due diligence and resources

 

(1)    

For the purposes of preventing money laundering, the Companies Act 2006 is

 

amended as follows.

 

(2)    

In section 1061 (the registrar’s functions) after subsection (1) insert—

 

“(1A)    

Functions directed by the Secretary of State under subsection (1)(b) must

 

include due diligence on a person wishing to register a company.

 

(1B)    

In this section “due diligence” has the same meaning as “customer due

 

diligence measures” in regulation 3 of the Money Laundering, Terrorist

 

Financing and Transfer of Funds (Information on the Payer) Regulations

 

2017 (S.I. 692/2017).”

 

(3)    

In section 1063 (Fees payable to the registrar), in subsection (2)(a) after

 

“Secretary of State” insert “including the duty of due diligence under section

 

1061(1A).”

 

Member’s explanatory statement

 

This new clause would amend the duties of Companies House to ensure that any person wishing

 

to register a company must be checked for due diligence by Companies House, in line with the

 

measures included in the Money Laundering Regulations 2017. It also ensures that the Secretary

 

of State can charge fees for due diligence checks to cover costs incurred by Companies House.

 


 

Sir Alan Duncan

 

NC3

 

Parliamentary Star    

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,

 

(c)    

specifies any recommendations which in that reporting period were made

 

by a Parliamentary Committee in connection with a relevant independent

 

review, and


 
 

Notices of Amendments: 24 April 2018                  

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

 
 

(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

 

NC4

 

Parliamentary Star    

To move the following Clause—

 

         

“Independent review of regulations with counter-terrorism purpose

 

(1)    

The Secretary of State must appoint a person to review the operation of such

 

asset-freeze provisions of relevant regulations made by the Secretary of State as

 

the Secretary of State may from time to time refer to that person.

 

(2)    

The Treasury must appoint a person to review the operation of such asset-freeze

 

provisions of relevant regulations made by the Treasury as the Treasury may from

 

time to time refer to that person.

 

(3)    

The persons appointed under subsection (1) and (2) may be the same person.

 

(4)    

In each calendar year, by 31 January—

 

(a)    

the person appointed under subsection (1) must notify the Secretary of

 

State of what (if any) reviews under that subsection that person intends

 

to carry out in that year, and


 
 

Notices of Amendments: 24 April 2018                  

4

 

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

 
 

(b)    

the person appointed under subsection (2) must notify the Treasury of

 

what (if any) reviews under that subsection that person intends to carry

 

out in that year.

 

(5)    

Reviews of which notice is given under subsection (4) in a particular year—

 

(a)    

may not relate to any provisions that have not been referred before the

 

giving of the notice, and

 

(b)    

must be completed during that year or as soon as reasonably practicable

 

after the end of it.

 

(6)    

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—

 

(a)    

the Secretary of State, if the review is under subsection (1), or

 

(b)    

the Treasury, if the review is under subsection (2).

 

(7)    

On receiving a report under this section the Secretary of State or (as the case may

 

be) the Treasury must lay a copy of it before Parliament.

 

(8)    

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

 

under subsection (1) and also such allowances as the Secretary of State may

 

determine.

 

(9)    

The Treasury may pay the expenses of a person who conducts a review under

 

subsection (2) and also such allowances as the Treasury may determine.

 

(10)    

For the purposes of this section, regulations are “relevant regulations” if—

 

(a)    

they are regulations under section 1, and

 

(b)    

they state under section 1(3) at least one purpose which—

 

(i)    

is not compliance with a UN obligation or other international

 

obligation, and

 

(ii)    

relates to counter-terrorism.

 

(11)    

A purpose “relates to counter-terrorism” if the report under section 2 in respect of

 

the regulations indicated that, in the opinion of the appropriate Minister making

 

them, the carrying out of that purpose would further the prevention of terrorism

 

in the United Kingdom or elsewhere.

 

(12)    

For the purposes of this section a provision of relevant regulations is an “asset-

 

freeze provision” if and to the extent that it—

 

(a)    

imposes a prohibition or requirement for a purpose mentioned in section

 

3(1)(a), (b) or (d), or

 

(b)    

makes provision in connection with such a prohibition or requirement.

 

(13)    

If a provision is referred under this section which contains a designation power,

 

any review under this section of the operation of that provision may not include

 

a review of any decisions to designate under that power.”

 

Member’s explanatory statement

 

This new clause requires the appointment of an independent reviewer to conduct reviews of

 

sanctions regulations which impose asset-freezes or similar financial sanctions where the

 

regulations are made for purposes relating to the prevention of terrorism and have been referred

 

to the independent reviewer for review.

 



 
 

Notices of Amendments: 24 April 2018                  

5

 

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

 
 

Sir Alan Duncan

 

NC5

 

Parliamentary Star    

To move the following Clause—

 

         

“Retained EU rights

 

(1)    

If and to the extent that anything in the European Union (Withdrawal) Act 2018

 

would, in the absence of this section, prevent any power within subsection (2)

 

from being exercised so as to modify anything which is retained EU law by virtue

 

of section 4 of that Act (saving for certain rights etc), it does not prevent that

 

power from being so exercised.

 

(2)    

The following powers fall within this subsection—

 

(a)    

any power conferred by this Act, or by regulations under this Act, on a

 

Minister of the Crown within the meaning of the Ministers of the Crown

 

Act 1975 (however that power is expressed);

 

(b)    

any power conferred by regulations under Schedule 2 on a supervisory

 

authority.

 

(3)    

In this section “modify” has the same meaning as in the European Union

 

(Withdrawal) Act 2018.”

 

Member’s explanatory statement

 

This new clause is consequential on government amendments to the European Union (Withdrawal)

 

Bill, and makes clear that any restrictions in that Bill on the modification of retained EU law do

 

not prevent powers under this Bill (for example, powers to impose an asset-freeze or immigration

 

sanction) from being exercised in cases where their exercise will interfere with a retained right

 

that a person would otherwise have under clause 4 of the European Union (Withdrawal) Bill.

 

 


 

Alison Thewliss

 

1

 

Clause  1,  page  1,  line  8,  leave out “appropriate” and insert “necessary”

 

Sir Alan Duncan

 

10

 

Parliamentary Star    

Clause  1,  page  2,  line  11,  at end insert—

 

“(ea)    

provide accountability for or be a deterrent to gross violations of human

 

rights, or otherwise promote—

 

(i)    

compliance with international human rights law, or

 

(ii)    

respect for human rights,”

 

Member’s explanatory statement

 

This amendment makes clear that sanctions regulations can be made for the purpose of preventing,

 

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

 

Sir Alan Duncan

 

11

 

Parliamentary Star    

Clause  1,  page  2,  line  12,  leave out “and human rights”

 

Member’s explanatory statement

 

This amendment is consequential on amendment 10.


 
 

Notices of Amendments: 24 April 2018                  

6

 

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

 
 

Sir Alan Duncan

 

12

 

Parliamentary Star    

Clause  1,  page  2,  line  16,  leave out “human rights,”

 

Member’s explanatory statement

 

This amendment is consequential on amendment 10.

 

Sir Alan Duncan

 

13

 

Parliamentary Star    

Clause  1,  page  2,  line  38,  at end insert—

 

“(6A)    

In this Act any reference to a gross violation of human rights is to conduct

 

which—

 

(a)    

constitutes, or

 

(b)    

is connected with,

 

    

the commission of a gross human rights abuse or violation; and whether conduct

 

constitutes or is connected with the commission of such an abuse or violation is

 

to be determined in accordance with section 241A of the Proceeds of Crime Act

 

2002.”

 

Member’s explanatory statement

 

This amendment establishes that “gross violation of human rights” includes the torture of a

 

person, by a public official or a person in an official capacity, where the tortured person has

 

sought to expose the illegal activity of a public official or to defend human rights or fundamental

 

freedoms.

 

Sir Alan Duncan

 

14

 

Parliamentary Star    

Clause  1,  page  3,  line  3,  after first “to” insert “(e), (ea) and (f) to”

 

Member’s explanatory statement

 

This amendment is consequential on amendment 10.

 


 

Alison Thewliss

 

2

 

Clause  2,  page  2,  line  17,  at end insert—

 

“(i)    

further the prevention of organised crime, or

 

(j)    

further the prevention of human trafficking.”

 

Sir Alan Duncan

 

15

 

Parliamentary Star    

Clause  2,  page  3,  line  26,  after “to” insert “(e), (ea) and (f) to”

 

Member’s explanatory statement

 

This amendment is consequential on amendment 10.

 


 

Alison Thewliss

 

3

 

Clause  22,  page  20,  line  12,  leave out “3 years” and insert “12 months”


 
 

Notices of Amendments: 24 April 2018                  

7

 

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

 
 

Alison Thewliss

 

4

 

Clause  22,  page  20,  line  14,  leave out “3 years” and insert “12 months”

 


 

Alison Thewliss

 

5

 

Clause  26,  page  21,  line  36,  leave out “3 years” and insert “12 months”

 

Alison Thewliss

 

6

 

Clause  26,  page  21,  line  38,  leave out “3 years” and insert “12 months”

 


 

Sir Alan Duncan

 

16

 

Parliamentary Star    

Clause  28,  page  22,  line  25,  after “to” insert “(e), (ea) and (f) to”

 

Member’s explanatory statement

 

This amendment is consequential on amendment 10.

 


 

Alison Thewliss

 

7

 

Clause  38,  page  31,  line  12,  leave out “may include guidance about—” and insert

 

“must include, but is not limited to, guidance about—”

 

Alison Thewliss

 

8

 

Clause  38,  page  31,  line  15,  at end insert—

 

“(3)    

The appropriate Minister must review the guidance issued under this section and

 

lay a report before Parliament every 12 months.”

 


 

Sir Alan Duncan

 

17

 

Parliamentary Star    

Clause  40,  page  31,  line  39,  after “to” insert “(e), (ea) and (f) to”

 

Member’s explanatory statement

 

This amendment is consequential on amendment 10.

 



 
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Revised 24 April 2018