Terrorist Asset-Freezing etc. Bill [HL]

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Terrorist Asset-Freezing etc. Bill [HL]

Terrorist Asset-Freezing etc. Bill [HL]
Part 1 — Terrorist Asset-Freezing
Chapter 3 — Information
8

restrictive measures directed against certain persons and entities with a view
to combating terrorism.
(3)
A licence must specify the acts authorised by it and may be—
(a)
general or granted to a category of persons or to a particular person;
(b)
subject to conditions;
5
(c)
of indefinite duration or subject to an expiry date.
(4)
The Treasury may vary or revoke a licence at any time.
(5)
On the grant, variation or revocation of a licence, the Treasury must—
(a)
in the case of a licence granted to a particular person, give written
notice of the grant, variation or revocation to that person;
10
(b)
in the case of a general licence or a licence granted to a category of
persons, take such steps as the Treasury consider appropriate to
publicise the grant, variation or revocation of the licence.
(6)
A person commits an offence who, for the purpose of obtaining a licence,
knowingly or recklessly—
15
(a)
provides information that is false in a material respect, or
(b)
provides or produces a document that is not what it purports to be.
(7)
A person who purports to act under the authority of a licence but who fails to
comply with any conditions included in the licence commits an offence.
Circumventing prohibitions etc.
20
18
Circumventing prohibitions etc.
A person commits an offence who intentionally participates in activities
knowing that the object or effect of them is (whether directly or indirectly)—
(a)
to circumvent any of the prohibitions in sections 11 to 15, or
(b)
to enable or facilitate the contravention of any such prohibition.
25
Chapter 3
Information
Information for Treasury
19
Reporting obligations of relevant institutions
(1)
A relevant institution must inform the Treasury as soon as practicable if—
30
(a)
it knows, or has reasonable cause to suspect, that a person—
(i)
is a designated person, or
(ii)
has committed an offence under any provision of Chapter 2
(prohibitions in relation to designated persons), and
(b)
the information or other matter on which the knowledge or suspicion
35
is based came to it in the course of carrying on its business.
(2)
Where a relevant institution informs the Treasury under subsection (1), it must
state—

Terrorist Asset-Freezing etc. Bill [HL]
Part 1 — Terrorist Asset-Freezing
Chapter 3 — Information
9

(a)
the information or other matter on which the knowledge or suspicion
is based, and
(b)
any information it holds about the person by which the person can be
identified.
(3)
Subsection (4) applies if—
5
(a)
a relevant institution informs the Treasury under subsection (1) that it
knows, or has reasonable cause to suspect, that a person is a designated
person, and
(b)
that person is a customer of the institution.
(4)
The relevant institution must also state the nature and amount or quantity of
10
any funds or economic resources held by it for the customer at the time when
it first had the knowledge or suspicion.
(5)
A relevant institution that fails to comply with any requirement of subsection
(1), (2) or (4) commits an offence.
20
Powers to request information
15
(1)
The Treasury may request a designated person to provide information
concerning—
(a)
funds or economic resources owned, held or controlled by or on behalf
of the designated person, or
(b)
any disposal of such funds or economic resources.
20
(2)
The Treasury may request a designated person to provide such information as
the Treasury may reasonably require about expenditure—
(a)
by or on behalf of the designated person, or
(b)
for the benefit of the designated person.
(3)
The power in subsection (1) or (2) is exercisable only where the Treasury
25
believe that it is necessary for the purpose of monitoring compliance with or
detecting evasion of this Part.
(4)
The Treasury may request a person acting under a licence granted under
section 17 to provide information concerning—
(a)
funds or economic resources dealt with under the licence, or
30
(b)
funds, economic resources or financial services made available under
the licence.
(5)
The Treasury may request any person in or resident in the United Kingdom to
provide such information as the Treasury may reasonably require for the
purpose of—
35
(a)
establishing for the purposes of this Part—
(i)
the nature and amount or quantity of any funds or economic
resources owned, held or controlled by or on behalf of a
designated person,
(ii)
the nature and amount or quantity of any funds, economic
40
resources or financial services made available directly or
indirectly to, or for the benefit of, a designated person, or
(iii)
the nature of any financial transactions entered into by a
designated person,
(b)
monitoring compliance with or detecting evasion of this Part, or
45
(c)
obtaining evidence of the commission of an offence under this Part.

Terrorist Asset-Freezing etc. Bill [HL]
Part 1 — Terrorist Asset-Freezing
Chapter 3 — Information
10

(6)
The Treasury may specify the manner in which, and the period within which,
information is to be provided.
(7)
If no such period is specified, the information which has been requested must
be provided within a reasonable time.
(8)
A request may include a continuing obligation to keep the Treasury informed
5
as circumstances change, or on such regular basis as the Treasury may specify.
(9)
Information requested under this section may relate to any period of time
during which a person is, or was, a designated person.
(10)
Information requested under subsection (1)(b), (2) or (5)(a)(iii) may relate to
any period of time before a person became a designated person (as well as, or
10
instead of, any subsequent period of time).
21
Production of documents
(1)
A request under section 20 may include a request to produce specified
documents or documents of a specified description.
(2)
Where the Treasury request that documents be produced, they may—
15
(a)
take copies of or extracts from any document so produced,
(b)
request any person producing a document to give an explanation of it,
and
(c)
where that person is a body corporate, partnership or unincorporated
body other than a partnership, request any person who is—
20
(i)
in the case of a partnership, a present or past partner or
employee of the partnership,
(ii)
in any other case, a present or past officer or employee of the
body concerned,

to give such an explanation.
25
(3)
Where the Treasury request a designated person or a person acting under a
licence granted under section 17 to produce documents, that person must—
(a)
take reasonable steps to obtain the documents (if not already in the
person’s possession or control);
(b)
keep the documents under the person’s possession or control (except
30
for the purpose of providing them to the Treasury or as the Treasury
may otherwise permit).
22
Failure to comply with request for information
(1)
A person commits an offence who—
(a)
without reasonable excuse refuses or fails within the time and in the
35
manner specified (or, if no time has been specified, within a reasonable
time) to comply with any request made under this Chapter,
(b)
knowingly or recklessly gives any information, or produces any
document, which is false in a material particular in response to such a
request,
40
(c)
with intent to evade the provisions of this Chapter, destroys, mutilates,
defaces, conceals or removes any document, or
(d)
otherwise intentionally obstructs the Treasury in the exercise of their
powers under this Chapter.

Terrorist Asset-Freezing etc. Bill [HL]
Part 1 — Terrorist Asset-Freezing
Chapter 3 — Information
11

(2)
Where a person is convicted of an offence under this section, the court may
make an order requiring that person, within such period as may be specified in
the order, to comply with the request.
Disclosure of information by Treasury
23
General power to disclose information
5
(1)
The Treasury may disclose any information obtained by them in exercise of
their powers under this Part (including any document so obtained and any
copy or extract made of any document so obtained)—
(a)
to a police officer;
(b)
to any person holding or acting in any office under or in the service of—
10
(i)
the Crown in right of the Government of the United Kingdom,
(ii)
the Crown in right of the Scottish Administration, the Northern
Ireland Administration or the Welsh Assembly Government,
(iii)
the States of Jersey, Guernsey or Alderney or the Chief Pleas of
Sark,
15
(iv)
the Government of the Isle of Man, or
(v)
the Government of any British overseas territory;
(c)
to any law officer of the Crown for Jersey, Guernsey or the Isle of Man;
(d)
to the Legal Services Commission, the Scottish Legal Aid Board or the
Northern Ireland Legal Services Commission;
20
(e)
to the Financial Services Authority, the Jersey Financial Services
Commission, the Guernsey Financial Services Commission, the Isle of
Man Insurance and Pensions Authority and the Isle of Man Financial
Supervision Commission;
(f)
for the purpose of giving assistance or co-operation, pursuant to the
25
relevant Security Council resolutions, to—
(i)
any organ of the United Nations, or
(ii)
any person in the service of the United Nations, the Council of
the European Union, the European Commission or the
Government of any country;
30
(g)
with a view to instituting, or otherwise for the purposes of, any
proceedings—
(i)
in the United Kingdom, for an offence under this Part, or
(ii)
in any of the Channel Islands, the Isle of Man or any British
overseas territory, for an offence under a similar provision in
35
any such jurisdiction; or
(h)
with the consent of a person who, in their own right, is entitled to the
information or to possession of the document, copy or extract, to any
third party.
(2)
In subsection (1)(h) “in their own right” means not merely in the capacity as a
40
servant or agent of another person.