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Notices of Amendments: 27 April 2018                  

8

 

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

 
 

(6)    

Regulations that confer a power mentioned in subsection (2)(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

 

relevant goods, or

 

(ii)    

things within subsection (2)(e)(ii).

 

(7)    

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.

 

(8)    

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.

 

(9)    

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 a purpose mentioned in subsection (1)(b),

 

(ii)    

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

 

a 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.

 

(10)    

The reference in subsection (9) 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.

 

(11)    

In this section—

 

“regulations” means regulations under section 1;

 

“relevant goods” means goods in relation to which relevant non-UK

 

conduct is occurring or has occurred;

 

“relevant non-UK conduct” means conduct outside the United Kingdom by

 

a person other than a United Kingdom person that would constitute a

 

contravention of a relevant prohibition or requirement if the conduct had

 

been—

 

(a)    

in the United Kingdom, or

 

(b)    

by a United Kingdom person;

 

“relevant prohibition or requirement” has the same meaning as in section

 

(Enforcement: goods etc on ships) (see subsection (3) of that section);

 

“United Kingdom person” has the same meaning as in section 19 (see

 

subsection (2) of that section).


 
 

Notices of Amendments: 27 April 2018                  

9

 

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

 
 

(12)    

In the definition of “relevant non-UK conduct” in subsection (11), the reference

 

to conduct that would constitute a contravention of a relevant prohibition or

 

requirement if the conduct had been in the United Kingdom or by a United

 

Kingdom person 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 (and if the conduct

 

had been in the United Kingdom or by a United Kingdom person) the

 

goods would be dealt with in contravention of that prohibition or

 

requirement.

 

(13)    

In this section, the following expressions have the same meaning as in section

 

(Enforcement: goods etc on ships)—

 

“arrangements”,

 

“British ship”,

 

“foreign ship”,

 

“foreign waters”,

 

“goods”,

 

“home state”,

 

“international waters”,

 

“relevant British possession”,

 

“ship”, and

 

“ship without nationality”.”

 

 

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 seizing goods or technology where there has been conduct (or

 

suspected conduct) which would be a contravention of a prohibition in sanctions regulations

 

relating to the goods or technology, but for the fact that the conduct falls outside the territorial

 

scope mentioned in Clause 19 of the Bill.

 


 

Sir Alan Duncan

 

NC17

 

To move the following Clause—

 

         

“Procedure for dealing with goods etc seized from ships

 

(1)    

The Secretary of State may by regulations make provision about the procedure to

 

be followed in connection with goods seized under a power conferred by

 

regulations under section 1 by virtue of section (Enforcement: goods etc on ships)

 

or (Goods etc on ships: non-UK conduct).

 

(2)    

Regulations under this section relating to goods seized on suspicion of being

 

prohibited goods or relevant goods may include provision—

 

(a)    

requiring prescribed persons to be notified of the seizure of the goods;

 

(b)    

requiring the Secretary of State to determine whether the seized goods

 

were, at the time of their seizure, prohibited goods (where the goods were

 

seized under a power conferred by virtue of section (Enforcement: goods

 

etc on ships)) or relevant goods (where the goods were seized under a

 

power conferred by virtue of section (Goods etc on ships: non-UK

 

conduct));


 
 

Notices of Amendments: 27 April 2018                  

10

 

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

 
 

(c)    

enabling the making of a claim by prescribed persons in relation to the

 

seized goods;

 

(d)    

about the determination by a prescribed court of any such claim;

 

(e)    

about the publicity to be given to any such determination by a court;

 

(f)    

for and about the return of seized goods to prescribed persons before or

 

after any such determination of a claim by a court;

 

(g)    

about the treatment of seized goods not so returned (including, in

 

prescribed circumstances, their destruction or sale);

 

(h)    

for and about the payment of compensation by the Secretary of State

 

following a determination by a court that the goods were not, at the time

 

of their seizure, prohibited goods (where the goods were seized under a

 

power conferred by virtue of section (Enforcement: goods etc on ships))

 

or relevant goods (where the goods were seized under a power conferred

 

by virtue of section (Goods etc on ships: non-UK conduct)).

 

(3)    

In this section—

 

“goods” has the same meaning as in sections (Enforcement: goods etc on

 

ships) and (Goods etc on ships: non-UK conduct) (see subsections (13)

 

of those sections);

 

“prohibited goods” has the same meaning as in section (Enforcement: goods

 

etc on ships) (see subsection (13) of that section);

 

“relevant goods” has the same meaning as in section (Goods etc on ships:

 

non-UK conduct) (see subsection (11) of that section).”

 

Member’s explanatory statement

 

This new clause provides a power for the Secretary of State to make regulations setting out how

 

goods or technology seized from ships under the new clauses which would be inserted by NC15

 

and NC16 must be dealt with.

 


 

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;


 
 

Notices of Amendments: 27 April 2018                  

11

 

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

 
 

“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.

 


 

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

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


 
 

Notices of Amendments: 27 April 2018                  

12

 

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

 
 

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

 

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

 

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

 

NC7

 

To move the following Clause—

 

         

“Money laundering exemptions

 

The Money Laundering, Terrorist Financing and Transfer of Funds (Information

 

on the Payer) Regulations 2017 (S.I. 2017/692) are exempted from amendment


 
 

Notices of Amendments: 27 April 2018                  

13

 

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

 
 

or revocation under the Legislative and Regulatory Reform Act 2006 and under

 

the European Union (Withdrawal) Act 2018.”

 

Member’s explanatory statement

 

This new clause would prevent any amendment or repeal of the 2017 Money Laundering

 

Regulations via powers contained in the Legislative and Regulatory Reform Act 2006 and the

 

European Union (Withdrawal) Act 2018.

 


 

Helen Goodman

 

Anneliese Dodds

 

Frank Field

 

Dame Margaret Hodge

 

Catherine West

 

NC8

 

To move the following Clause—

 

         

“Public register of beneficial owners of overseas entities

 

(1)    

The Secretary of State must, in addition to the provisions made under paragraph

 

6 of Schedule 2, create a public register of beneficial ownership information for

 

companies and other legal entities registered outside of the UK that own or buy

 

UK property, or bid for UK government contracts.

 

(2)    

The register must be implemented within 12 months of the day on which this Act

 

is passed.

 

(3)    

For the purposes of this section “a register of beneficial ownership for companies

 

and other legal entities registered outside of the UK” means a public register—

 

(a)    

which contains information about overseas entities and persons with

 

significant control over them, and

 

(b)    

which in the opinion of the Secretary of State will assist in the prevention

 

of money laundering.”

 

Member’s explanatory statement

 

This new clause would create a public register of beneficial ownership information for companies

 

and other legal entities outside of the UK that own or buy UK property, or bid for UK government

 

contracts, within 12 months.

 


 

Helen Goodman

 

Anneliese Dodds

 

NC9

 

To move the following Clause—

 

         

“Independent review of operation of terrorist-related sanctions

 

(1)    

The Secretary of State must appoint an individual to review the operation of

 

terrorist-related sanctions under section 1 (2) (“the independent reviewer”).

 

(2)    

The Secretary of State—

 

(a)    

must aim to appoint an individual who is likely to be perceived as

 

independent of government, and

 

(b)    

may combine the appointment with another office or appointment.


 
 

Notices of Amendments: 27 April 2018                  

14

 

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

 
 

(3)    

In January of each calendar year after the commencement of this Act the

 

independent reviewer must send the Secretary of State a list of proposed reviews

 

for that year.

 

(4)    

The independent reviewer—

 

(a)    

must aim to complete the reviews listed under subsection (3) within the

 

relevant year; and

 

(b)    

may undertake other reviews.

 

(5)    

After completing a review the independent reviewer must send the Secretary of

 

State a report as soon as reasonably practicable.

 

(6)    

On receiving a report the Secretary of State must lay it before Parliament as soon

 

as reasonably practicable.

 

(7)    

The Secretary of State may pay reasonable allowances and expenses to the

 

independent reviewer, and must publish the scale of allowances and expenses to

 

be paid.”

 

Member’s explanatory statement

 

This new clause would require the Secretary of State to appoint an individual to review the

 

operation of terrorist-related sanctions under section 1 (2). The independent reviewer would be

 

required to send a list of proposed reviews in January of each calendar year to the Secretary of

 

State, and to thereafter send a report of the completed review to the Secretary of State as soon as

 

reasonably practicable.

 


 

Helen Goodman

 

Anneliese Dodds

 

NC10

 

To move the following Clause—

 

         

“Parliamentary committee to scrutinise regulations

 

(1)    

A Minister may not lay before Parliament a statutory instrument under section

 

49(5) unless a Committee of the House of Commons charged with scrutinising

 

statutory instruments made under this Act has recommended that the instrument

 

be laid.

 

(2)    

The committee of the House of Commons so charged under subsection (1) may

 

scrutinise any reviews carried out under section 28 of this Act.”

 

Member’s explanatory statement

 

This new clause would require a specialised House of Commons Committee to approve all

 

statutory instruments laid under the affirmative procedure under this Act. The Committee would

 

also scrutinise the Government’s reviews of sanctions regulations.

 



 
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Revised 27 April 2018