Session 2017-19
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1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Wednesday 25 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: 20 to 26 and NC6 to NC17

 

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withdrawn amendments at the end.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.

 


 

Sir Alan Duncan

 

Helen Goodman

 

Anneliese Dodds

 

NC3

 

Parliamentary Star - white    

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,


 
 

Notices of Amendments: 25 April 2018                  

2

 

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

 

NC4

 

Parliamentary Star - white    

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—


 
 

Notices of Amendments: 25 April 2018                  

3

 

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

 
 

(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

 

(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: 25 April 2018                  

4

 

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

 
 

Sir Alan Duncan

 

NC5

 

Parliamentary Star - white    

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.

 


 

Sir Alan Duncan

 

NC15

 

Parliamentary Star    

To move the following Clause—

 

         

“Enforcement: goods etc on ships

 

(1)    

The provision that may be made by virtue of section 17(2) (enforcement of

 

prohibitions or requirements) includes provision as to the powers and duties of

 

prescribed persons in relation to—

 

(a)    

British ships in foreign waters or international waters,

 

(b)    

ships without nationality in international waters, and

 

(c)    

foreign ships in international waters.

 

(2)    

Regulations may make provision by virtue of this section only for the purpose of

 

enforcing relevant prohibitions or requirements.

 

(3)    

A prohibition or requirement is a “relevant prohibition or requirement” for the

 

purposes of this section if it is—

 

(a)    

a prohibition or requirement specified by the regulations which is

 

imposed by regulations for a purpose mentioned in any of paragraphs 2

 

to 7, 15(a), (b) or (c) or 16(a) of Schedule 1, or

 

(b)    

a prohibition or requirement imposed by a condition of a licence or

 

direction issued by virtue of section 15 in relation to a prohibition or

 

requirement mentioned in paragraph (a).

 

(4)    

The powers that may be conferred by virtue of this section include powers to—

 

(a)    

stop a ship;

 

(b)    

board a ship;


 
 

Notices of Amendments: 25 April 2018                  

5

 

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

 
 

(c)    

require any person found on a ship boarded by virtue of this section to

 

provide information or produce documents;

 

(d)    

inspect and copy such documents or information;

 

(e)    

stop any person found on such a ship and search that person for—

 

(i)    

prohibited goods, or

 

(ii)    

any thing that might be used to cause physical injury or damage

 

to property or to endanger the safety of any ship;

 

(f)    

search a ship boarded by virtue of this section, or any thing found on such

 

a ship (including cargo), for prohibited goods;

 

(g)    

seize goods found on a ship, in any thing found on a ship, or on any

 

person found on a ship (but see subsection (8));

 

(h)    

for the purpose of exercising a power mentioned in paragraph (e), (f) or

 

(g), require a ship to be taken to, and remain in, a port or anchorage in the

 

United Kingdom or any other country willing to receive it.

 

(5)    

Regulations that confer a power mentioned in subsection (4)(a) to (f) or (h) must

 

provide that a person may not exercise the power in relation to a ship unless the

 

person has reasonable grounds to suspect that the ship is carrying prohibited

 

goods (and the regulations need not require the person to have reasonable grounds

 

to suspect that an offence is being or has been committed).

 

(6)    

Regulations that confer a power mentioned in subsection (4)(e)(i) or (f) must

 

provide that the power may be exercised only to the extent reasonably required

 

for the purpose of discovering prohibited goods.

 

(7)    

Regulations that confer a power mentioned in subsection (4)(e)(ii) on a person

 

(“the officer”) may permit the search of a person only where the officer has

 

reasonable grounds to believe that that person might use a thing in a way

 

mentioned in subsection (4)(e)(ii).

 

(8)    

Regulations that confer a power mentioned in subsection (4)(g) on a person—

 

(a)    

must provide for the power to be exercisable on a ship only where that

 

person is lawfully on the ship (whether in exercise of powers conferred

 

by virtue of this section or otherwise), and

 

(b)    

may permit the seizure only of—

 

(i)    

goods which that person has reasonable grounds to suspect are

 

prohibited goods, or

 

(ii)    

things within subsection (4)(e)(ii).

 

(9)    

Regulations that confer a power on a person by virtue of this section may

 

authorise that person to use reasonable force, if necessary, in the exercise of the

 

power.

 

(10)    

Regulations that confer a power by virtue of this section must provide that—

 

(a)    

the power may be exercised in relation to a British ship in foreign waters

 

only with the authority of the Secretary of State, and

 

(b)    

in relation to foreign waters other than the sea and other waters within the

 

seaward limits of the territorial sea adjacent to any relevant British

 

possession, the Secretary of State may give authority only if the State in

 

whose waters the power would be exercised consents to the exercise of

 

the power.

 

(11)    

Regulations that confer a power by virtue of this section must provide that—

 

(a)    

the power may be exercised in relation to a foreign ship only with the

 

authority of the Secretary of State, and

 

(b)    

the Secretary of State may give authority only if—

 

(i)    

the home state has requested the assistance of the United

 

Kingdom for the purpose of enforcing relevant prohibitions or

 

requirements,


 
 

Notices of Amendments: 25 April 2018                  

6

 

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

 
 

(ii)    

the home state has authorised the United Kingdom to act for that

 

purpose, or

 

(iii)    

the United Nations Convention on the Law of the Sea 1982

 

(Cmnd 8941) or a UN Security Council Resolution otherwise

 

permits the exercise of the powers in relation to the ship.

 

(12)    

The reference in subsection (11) to the United Nations Convention on the Law of

 

the Sea includes a reference to any modifications of that Convention agreed after

 

the passing of this Act that have entered into force in relation to the United

 

Kingdom.

 

(13)    

In this section—

 

“arrangements” includes any agreement, understanding, scheme,

 

transaction or series of transactions (whether or not legally enforceable);

 

“British ship” means a ship falling within paragraph (a), (c), (d) or (e) of

 

section 7(12);

 

“foreign ship” means a ship which—

 

(a)    

is registered in a State other than the United Kingdom, or

 

(b)    

is not so registered but is entitled to fly the flag of a State other

 

than the United Kingdom;

 

“foreign waters” means the sea and other waters within the seaward limits

 

of the territorial sea adjacent to any relevant British possession or State

 

other than the United Kingdom;

 

“goods” includes technology within the meaning of Schedule 1 (see

 

paragraph 36 of that Schedule);

 

“home state”, in relation to a foreign ship, means—

 

(a)    

the State in which the ship is registered, or

 

(b)    

the State whose flag the ship is otherwise entitled to fly;

 

“international waters” means waters beyond the territorial sea of the United

 

Kingdom or of any other State or relevant British possession;

 

“prohibited goods” means goods which have been, or are being, dealt with

 

in contravention of a relevant prohibition or requirement (see subsection

 

(3));

 

“regulations” means regulations under section 1;

 

“relevant British possession” has the same meaning as in section 7 (see

 

subsection (14) of that section);

 

“ship” has the same meaning as in section 7 (see subsection (14) of that

 

section);

 

“ship without nationality” means a ship which—

 

(a)    

is not registered in, or otherwise entitled to fly the flag of, any

 

State or relevant British possession, or

 

(b)    

sails under the flags of two or more States or relevant British

 

possessions, or under the flags of a State and relevant British

 

possession, using them according to convenience.

 

(14)    

In the definition of “prohibited goods” in subsection (13), the reference to goods

 

dealt with in contravention of a relevant prohibition or requirement includes a

 

reference to a case where—

 

(a)    

arrangements relating to goods have been entered into that have not been

 

fully implemented, and

 

(b)    

if those arrangements were to be fully implemented, the goods would be

 

dealt with in contravention of that prohibition or requirement.”


 
 

Notices of Amendments: 25 April 2018                  

7

 

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

 
 

Member’s explanatory statement

 

This new clause allows regulations under section 1 to provide for powers to stop and search a ship

 

outside the United Kingdom, and to seize goods or technology found on the ship. The powers are

 

exercisable for the purpose of enforcing prohibitions in sanctions regulations relating to the goods

 

or technology.

 


 

Sir Alan Duncan

 

NC16

 

Parliamentary Star    

To move the following Clause—

 

         

“Goods etc on ships: non-UK conduct

 

(1)    

Regulations may make provision conferring on prescribed persons powers

 

exercisable—

 

(a)    

in relation to—

 

(i)    

British ships in foreign waters or international waters,

 

(ii)    

ships without nationality in international waters, and

 

(iii)    

foreign ships in international waters,

 

(b)    

for the purpose of—

 

(i)    

investigating the suspected carriage of relevant goods on such

 

ships, or

 

(ii)    

preventing the continued carriage on such ships of goods

 

suspected to be relevant goods.

 

(2)    

The powers that may be conferred by virtue of this section include powers to—

 

(a)    

stop a ship;

 

(b)    

board a ship;

 

(c)    

require any person found on a ship boarded by virtue of this section to

 

provide information or produce documents;

 

(d)    

inspect and copy such documents or information;

 

(e)    

stop any person found on such a ship and search that person for—

 

(i)    

relevant goods, or

 

(ii)    

any thing that might be used to cause physical injury or damage

 

to property or to endanger the safety of any ship;

 

(f)    

search a ship boarded by virtue of this section, or any thing found on such

 

a ship (including cargo), for relevant goods;

 

(g)    

seize goods found on a ship, in any thing found on a ship, or on any

 

person found on a ship (but see subsection (6));

 

(h)    

for the purpose of exercising a power mentioned in paragraph (e), (f) or

 

(g), require a ship to be taken to, and remain in, a port or anchorage in the

 

United Kingdom or any other country willing to receive it.

 

(3)    

Regulations that confer a power mentioned in subsection (2)(a) to (f) or (h) must

 

provide that a person may not exercise the power in relation to a ship unless the

 

person has reasonable grounds to suspect that the ship is carrying relevant goods.

 

(4)    

Regulations that confer a power mentioned in subsection (2)(e)(i) or (f) must

 

provide that the power may be exercised only to the extent reasonably required

 

for the purpose of discovering relevant goods.

 

(5)    

Regulations that confer a power mentioned in subsection (2)(e)(ii) on a person

 

(“the officer”) may permit the search of a person only where the officer has


 
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