S.C.B.
NOTICES OF AMENDMENTS
given up to and including
Friday 12th October 2001
New Amendments handed in are marked thus *
STANDING COMMITTEE B
EXPORT CONTROL BILL
The Amendments have been arranged in accordance with the Order of the Committee [17th July].
Mr Robert Key
Mr Charles Hendry
48
Clause 2, page 2, line 21, after second 'transfer', insert 'other than within a company or group'.
Mr Robert Key
Mr Charles Hendry
49
Clause 2, page 2, line 28, leave out sub-paragraph (b).
Mr Robert Key
Mr Charles Hendry
51
Clause 4, page 3, line 29, after 'assistance', insert 'or foreign military assistance'.
Mr Robert Key
Mr Charles Hendry
52
Clause 4, page 3, line 36, after 'assistance', insert 'or foreign military assistance'.
Mr Robert Key
Mr Charles Hendry
53
Clause 4, page 3, line 39, after 'assistance', insert 'or foreign military assistance'.
Mr Nigel Griffiths
56
*Clause 5, page 4, line 7, after 'disposal;' insert—
Mr Nigel Griffiths
57
*Clause 5, page 4, line 9, leave out 'or disposal' and insert ', disposal or movement'.
Mr Nigel Griffiths
58
*Clause 5, page 4, line 10, leave out subsection (3).
Mr Nigel Griffiths
59
*Clause 5, page 4, line 21, leave out 'or disposal' and insert ', disposal or movement'.
Mr Nigel Griffiths
60
*Clause 5, page 4, line 24, leave out from 'gift' to end of line and insert '; and'.
Mr Malcolm Savidge
2
Clause 5, page 4, line 27, leave out from '(c)' to end of line 29 and insert 'financing, transportation, freight-forwarding, or taking any other action (or agreeing with another to do so) that facilitates the manufacture, export or import of a defence article or defence service, irrespective of its origin, are activities which facilitate the acquisition or disposal of goods'.
Dr Vincent Cable
Dr Jenny Tonge
66
*Clause 5, page 4, line 27, leave out sub-paragraph 5(c) and insert—
'( ) activities which facilitate the acquisition or disposal of goods include transporting, freight forwarding, mediating, insuring, financing, advertising or promoting.'.
Mr Nigel Griffiths
61
*Clause 5, page 4, leave out lines 26 to 29 and insert—
'( ) For the purposes of this section (without prejudice to the generality of subsection (2)(b))—
(a) the making of an agreement with another to acquire, dispose of or move goods, and
(b) the making of arrangements under which another person—
(i) acquires, disposes of or moves goods; or
(ii) agrees with a third person to acquire, dispose of or move goods,
are activities which facilitate the acquisition, disposal or movement of the goods.'
Dr Vincent Cable
Dr Jenny Tonge
67
*Clause 5, page 4, line 30, leave out from 'controls' to end of line 32 and insert 'shall be imposed on all acts committed by persons in the United Kingdom and on all acts committed by United Kingdom persons wherever located.'.
Mr Nigel Griffiths
62
*Page 4, line 33, leave out Clause 6.
Dr Vincent Cable
Dr Jenny Tonge
68
*Clause 7, page 5, line 6, at end insert—
'( ) for the revocation of any licence granted under the control powers in subsection (1)(a) for the export of goods, the transfer of technology, the provision of technical assistance or the trade in controlled goods if the exportation, transfer, provision or trade subsequently results in any of the consequences referred to in the Table in paragraph 4 of the Schedule or if there is a failure on the part of any of the co-parties to honour their contractual obligations;'.
Mr Nigel Griffiths
63
*Clause 7, page 5, line 7, at end insert—
'( ) requiring persons to keep (and produce) records;
( ) requiring persons to provide information to any person specified in the order;'.
Mr Nigel Griffiths
64
*Clause 7, page 5, line 8, leave out paragraph (c) and insert—
'( ) about the purposes for which information held in connection with anything done under or by virtue of the order may be used;
( ) about the persons to whom any such information may be disclosed;'.
Dr Vincent Cable
Dr Jenny Tonge
14
*Clause 7, page 5, line 17, leave out 'may'.
Dr Vincent Cable
Dr Jenny Tonge
15
*Clause 7, page 5, line 18, after '(a)', insert 'shall'.
Dr Vincent Cable
Dr Jenny Tonge
16
*Clause 7, page 5, line 19, after '(b)', insert 'may'.
Dr Vincent Cable
Dr Jenny Tonge
17
*Clause 7, page 5, line 21, after '(c)', insert 'may'.
Dr Vincent Cable
Dr Jenny Tonge
18
*Clause 7, page 5, line 25, after '(d)', insert 'may'.
Dr Vincent Cable
Dr Jenny Tonge
19
*Clause 7, page 5, line 26, after '(e)', insert 'may'.
Dr Vincent Cable
Dr Jenny Tonge
69
*Clause 7, page 5, line 26, at end add—
'(3) In this section, "revocation" means the rendering null and void of the contract and any further contractual obligations and the suspension of all future export of goods, transfer of technology, provision of technical assistance or trade in controlled goods authorised by the export licence.'.
Mr Robert Key
Mr Charles Hendry
54
Clause 10, page 6, line 6, at end insert—
'"armed conflict" means any armed conflict between—
(a) the armed forces of foreign states,
(b) the armed forces of a foreign state and dissident armed forces or other armed groups; or
Mr Robert Key
Mr Charles Hendry
55
Clause 10, page 6, line 12, at end insert—
'"foreign military assistance" means military services or military-related services, or any attempt, encouragement, incitement or solicitation to render such services, except under the authority of the Secretary of State, in the form of—
(a) military assistance to a party to an armed conflict by means of—
(ii) personnel, financial, logistical, intelligence or operational support;
(iii) personnel recruitment;
(iv) medical or para-medical services; or
(v) procurement of equipment;
(b) security services for the protection of individuals involved in armed conflict or their property;
(c) any action aimed at overthrowing a government or undermining the constitutional order, sovereignty or territorial integrity of a state;
(d) any other action that has the result of furthering the military interests of a party to the armed conflict but not humanitarian or civilian activities aimed at relieving the plight of civilians in an area of armed conflict.'.
Mr Robert Key
Mr Charles Hendry
50
Clause 10, page 6, line 30, leave out subsection (5).
Mr Malcolm Savidge
7
Clause 12, page 7, line 6, leave out 'an order under section 1 or 2 which contains any provision made by virtue of section 3(2)' and insert—
'(a) an order under section 1 or 2 which does not contain any provision made by virtue of section 3(2); or
(b) an order under section 4, 5 or 15(3)'.
Dr Vincent Cable
Dr Jenny Tonge
25
Clause 12, page 7, line 6, leave out 'or 2 which contains any provision made by virtue of section 3(2)' and insert ', 2, 4, 5 or 15(3)'.
Mr Malcolm Savidge
8
Clause 12, page 7, line 14, after 'order', insert 'under section 1 or 2 which contains any provision made by virtue of section 3(2), or an order'.
Mr Nigel Griffiths
65
*Clause 12, page 7, line 14, leave out '6(1) or'.
Mr Malcolm Savidge
Dr Vincent Cable
Dr Jenny Tonge
9
Clause 12, page 7, line 17, leave out subsection (5).
Dr Vincent Cable
Dr Jenny Tonge
26
Clause 15, page 8, line 22, after 'overseas territory', insert 'no more than 40 days after this Act is granted Royal Assent'.
EXCERPT FROM THE ORDER OF THE HOUSE (9TH JULY 2001)
Standing Committee
3.—(1) Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 23rd October 2001.
(2) The Standing Committee shall have leave to sit twice on the first day on which it meets.
ORDER OF THE COMMITTEE (17TH JULY 2001)
That—
(1) during proceedings on the Export Control Bill the Standing Committee do meet on Tuesdays at half-past Ten o'clock and at half-past Four o'clock and on Thursdays at half-past Nine o'clock and half-past Four o'clock;
(2) the proceedings on the Bill shall be taken in the following order, namely, Clause 1, Clause 3, the Schedule, Clauses 8 and 9, Clause 2, Clauses 4 to 7, Clauses 10 to 15, New Clauses, New Schedules;
(3) the proceedings on the Bill shall be brought to a conclusion on Tuesday 23rd October at One o'clock.
