Amendment Paper as at
Thursday 8th November 2001
CONSIDERATION OF BILL
EXPORT CONTROL BILL, AS AMENDED
NEW CLAUSES
General restriction on purposes of control orders
Ms Secretary Hewitt
NC1
To move the following Clause:—
'(1) The Schedule specifies the purposes for which an order imposing controls may be made.
(2) The power to make an order imposing controls is not restricted by subsection (1) if the order provides—
(a) for the order to expire, or
(b) for the provision imposing the controls to cease to have effect,
no later than the end of the period of 12 months begining with the day on which the order is made.
(3) The power to make an order which—
(a) amends provisions of an earlier order;
(b) revokes and re-enacts (with or without modifications) provisions of an earlier order,
is restricted by subsection (1) only if and to the extent that the order strengthens controls that have already been imposed or imposes new controls.
(4) In subsection (3) "provisions of an earlier order" does not include provisions made by virtue of subsection (2).
(5) In this section "controls" means export, transfer, technical assistance or trade controls.'.
As an Amendment to Ms Secretary Hewitt's proposed New Clause (NC1) (General restrictions on purposes of control orders):
Mr John Whittingdale
Mr Robert Key
(a)
Line 4, leave out from 'order' to end of line 6 and insert—
'(a) has been laid before and approved by a resolution of each House of Parliament, and
(i) for the order to expire, or
(ii) for the provision imposing them to cease to have effect,'.
Exercise of licensing power under control orders
Ms Secretary Hewitt
NC2
To move the following Clause:—
'(1) In deciding how to exercise a licensing power under a control order in connection with controls imposed by virtue of paragraph 4, 4A, 4B or 4C of the Schedule, regard shall be had, among other things, to any potential consequences of the activities being controlled that are of a kind mentioned in the Table in paragraph 4D of the Schedule.
(2) Otherwise, nothing in paragraph 4, 4A, 4B or 4C of the Schedule limits—
(a) the reasons which may justify a decision to grant or refuse a licence or to exercise any other licensing power under a control order in any particular way; or
(b) the matters to which regard may be had in the exercise of any licensing power under a control order.'.
Licence revocation and end-use controls
Dr Vincent Cable
Dr Jenny Tonge
Angus Robertson
Mr Elfyn Llywd
NC3
To move the following Clause:—
'(1) The Secretary of State may revoke, suspend or amend any licence issued under any of the powers conferred by this Act where any of the parties referred to in the relevant licence fail to honour their export licence obligations.
(2) The Secretary of State shall revoke any licence issued under any of the powers conferred by this Act where the execution of the licence:
(a) results in any of the consequences referred to in the Table in paragraph 4 of the Schedule, or
(b) results in consequences which contravene any of the consolidated criteria relating to export licensing decisions announced to Parliament by the Secretary of State on 26th October 2000.
(3) For the purpose of sub-section 1 "export licence obligations" will include, but not be limited to, end-use undertakings stipulated in the relevant licence or end-use documentation.
(4) Upon the revocation of a licence, all future exports of goods, transfers of technology, provision of technical assistance or trade in controlled goods authorised by or relating to the licence shall be cancelled.
(5) The Secretary of State may by order make provision for follow-up monitoring of the use made of goods exported, technology transferred, technical assistance provided or goods traded, in order to establish whether the end-use commitments entered into as a consequence of applying for an export licence (required by an order under section 1, 2, 4 or 5) are being honoured.'.
Prior parliamentary scrutiny
Dr Vincent Cable
Dr Jenny Tonge
NC4
To move the following Clause:—
'As part of the licence application process required by an order under section 1, 2, 4 or 5, the Secretary of State may take advice from a Parliamentary Select Committee.'.
Controls on licensed manufacturing abroad
Mr Tony Lloyd
Ann Clwyd
Mr Martin O'Neill
Mr Roger Berry
Julia Drown
Tony Worthington
'.(1) The Secretary of State may by order make provision for controls to regulate the licensed manufacturing of controlled goods abroad, that is the production under commercial licence from a United Kingdom person, United Kingdom company or company based in the United Kingdom of that entity's proprietary controlled goods or technology.
(2) Controls shall be imposed under this section on acts done outside the United Kingdom, but only if they are done by a person who is, or is acting under the control of, a United Kingdom person, company or company based in the United Kingdom.'.
'The Secretary of State may consult with any Select Committee of the House of Commons or the House of Lords before a determination regarding an application for a licence required by an order under section 1, 2, 4 or 5 is completed.'.
'(1) Any licence or Community Licence granted under this Act, or having effect as if so granted, may be amended, suspended or revoked by the Secretary of State at any time and in such circumstances and on such terms as she thinks fit by serving notice to that effect on the holder of the licence or Community Licence.
(2) For the purpose of this clause "such circumstances" and "such terms" will include, but not be limited to, breaches of the end-use undertakings stipulated in the relevant licence or end-use documentation.
"technical assistance controls", in relation to any technical assistance, means the prohibition or regulation of participation in the provision outside the United Kingdom of that technical assistance; and"technical assistance" means services which are provided or used, or which are capable of being used, in connection with the development, production or use of any goods or technology. (2A) Technical assistance may be described in the order wholly or partly by reference to the uses to which it (or the goods or technology in question) may be put.
