Export Control Bill
AMENDMENTS
TO BE MOVED
IN COMMITTEE
| | THE LORD RAZZALL
THE LORD REDESDALE
THE LORD BISHOP OF MANCHESTER |
| Page 4, line 13, leave out "may" and insert "shall" |
| | THE LORD RAZZALL
THE LORD REDESDALE |
| Insert the following new Clause— |
| | "Control of licensed production of goods overseas |
| (1) | The Secretary of State may by order make provision for, or in connection with, the imposition of controls regulating the licensed production of controlled goods overseas. |
| (2) | In this section "licensed production" means 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. |
| (3) | An order under this section may make provision in connection with any controls that may be imposed by a directly applicable Community provision on licensed production agreements. |
| (4) | 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, United Kingdom company, or company based in the United Kingdom." |
| | THE LORD RAZZALL
THE LORD REDESDALE
THE LORD BISHOP OF MANCHESTER |
| Insert the following new Clause— |
| | "End-use monitoring controls |
| (1) | The Secretary of State may by order require that, for any activities in relation to which controls are capable of being imposed by an order under section 1, 2, 3 or 4, provision shall be made for follow-up monitoring of the use made of the goods exported, the technology transferred, the technical assistance provided or the goods traded. |
| (2) | In this section "follow-up monitoring" means the undertaking of activities designed to verify that the use to which the goods, technology or technical assistance are put, and the identity of the end-users of the goods, technology or technical assistance, are consistent with the obligations stipulated in the relevant licence or end-use documentation. |
| (3) | In subsection (2) "activities" may include, but not be limited to, physical inspection of the designated goods or technology within the territory of the state, or the jurisdiction of the end-user stipulated in the relevant licence or end-use documentation." |
| | THE LORD PHILLIPS OF SUDBURY
THE LORD REDESDALE |
| Page 4, line 20, leave out from "order" to end of line 22 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 controls to cease to have effect," |
| | THE LORD PHILLIPS OF SUDBURY
THE LORD REDESDALE |
| Page 4, line 40, at end insert— |
| "( ) | for the revocation of any licence granted under the control powers in paragraph (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 7 of the Schedule or if there is a failure on the part of any of the co-parties to honour their contractual obligations;" |
| Page 5, line 10, leave out "may" |
| Page 5, line 11, at beginning insert "shall" |
| Page 5, line 12, at beginning insert "may" |
| Page 5, line 14, at beginning insert "may" |
| Page 5, line 18, at beginning insert "may" |
| Page 5, line 19, at beginning insert "may" |
| | THE LORD RAZZALL
THE LORD REDESDALE |
| Page 5, line 43, leave out subsections (3) and (4) and insert— |
| "(3) | Any published guidance relating to export licensing, which is capable of applying in relation to the exercise of functions under an order made under section 1 or 2, shall be treated as guidance under this section. |
| (4) | The consolidated criteria relating to export licensing decisions announced to Parliament by the Secretary of State on 26th October 2000 shall be included in the guidance referred to in subsection (3). |
| (5) | Changes to any guidance issued under subsection (4) shall not be made without prior consultation with relevant non-governmental and industrial organisations, and a draft laid before and approved by a resolution of each House of Parliament. |
| (6) | Changes to any guidance issued under subsection (1) or (2), or under subsection (3) which does not contain any guidance made by virtue of subsection (4), shall be laid before Parliament and published within 40 days." |
| | THE LORD REDESDALE
THE LORD PHILLIPS OF SUDBURY |
| Page 6, line 13, leave out "(1)" and insert "(1)(a)" |
| Page 6, line 14, at end insert— |
| "( ) | A report required by subsection (1)(b) shall be laid within 9 months after the end of the year to which it relates." |
| | THE LORD RAZZALL
THE LORD REDESDALE
THE LORD BISHOP OF MANCHESTER |
| Insert the following new Clause— |
| | "Parliamentary Select Committee |
| | As part of the licence application process required by an order under section 1, 2, 3 or 4, the Secretary of State may take advice from a Parliamentary Select Committee." |
| | THE LORD REDESDALE
THE LORD PHILLIPS OF SUDBURY |
| Page 7, line 5, at end insert "after consultation with relevant non-governmental and industrial organisations" |
| | THE LORD RAZZALL
THE LORD REDESDALE |
| Page 8, line 25, leave out "to the Isle of Man or" |
| | THE LORD RAZZALL
THE LORD REDESDALE |
| Page 9, line 27, after "have" insert ", or contribute through cumulative impact to having," |
| | THE LORD RAZZALL
THE LORD REDESDALE
THE LORD BISHOP OF MANCHESTER |
| Page 10, line 16, at end insert— |
| | "Economic capacity and sustainable development |
| (a) | the economic capacity; or |
| (b) | the sustainable development of the country to which the goods were exported, or the technology was transferred." |
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