Export Control Bill
AMENDMENTS
TO BE MOVED
IN COMMITTEE
| | THE LORD SAINSBURY OF TURVILLE |
| Page 4, line 17, leave out subsection (1) and insert— |
| "(1) | Controls may only be imposed— |
| (a) | for the purpose of giving effect to any Community provision or other international obligation of the United Kingdom; or |
| (b) | in relation to a description of thing that is within one or more of the categories mentioned in the Schedule. |
| | "description of thing" means— |
| (a) | a description of goods (in the case of export controls or trade controls); |
| (b) | a description of technology (in the case of transfer controls); or |
| (c) | a description of technical assistance (in the case of technical assistance controls); and |
| | "international obligation" includes an obligation relating to a joint action or common position adopted, or a decision taken, by the Council under Title V of the Treaty on European Union (provisions on a common foreign and security policy). |
| (1B) | The Schedule (which explains the categories in relation to which the different kinds of controls may be imposed by virtue of subsection (1)(b)) has effect." |
| Page 4, leave out lines 21 to 31 and insert "for its expiry no later than the end of the period of 12 months beginning with the day on which it is made. |
| (3) | The power to make an order which— |
| (a) | amends an earlier order; or |
| (b) | revokes and re-enacts (with or without modifications) an earlier order, |
| | is restricted by subsection (1) only if and to the extent that the order strengthens the controls previously imposed or imposes new controls. |
| (4) | In subsection (3) "an earlier order" does not include an order" |
| | THE LORD SAINSBURY OF TURVILLE |
| Page 5, line 19, after second "different" insert "cases and different" |
| | THE LORD SAINSBURY OF TURVILLE |
| | The Lord Sainsbury of Turville gives notice of his intention to oppose the Question that Clause 7 stand part of the Bill. |
| | THE LORD SAINSBURY OF TURVILLE |
| | The Lord Sainsbury of Turville gives notice of his intention to oppose the Question that Clause 8 stand part of the Bill. |
| | THE LORD SAINSBURY OF TURVILLE |
| Insert the following new Clause— |
| | "Guidance about the exercise of functions under control orders |
| (1) | This section applies to licensing powers and other functions conferred by a control order on any person in connection with controls imposed under this Act. |
| (2) | The Secretary of State may give guidance about any matter relating to the exercise of any licensing power or other function to which this section applies. |
| (3) | But the Secretary of State must give guidance about the general principles to be followed when exercising licensing powers to which this section applies. |
| (4) | The guidance required by subsection (3) must include guidance about the consideration (if any) to be given, when exercising such powers, to— |
| (a) | issues relating to sustainable development; and |
| (b) | issues relating to any possible consequences of the activity being controlled that are of a kind mentioned in the Table in paragraph 7 of the Schedule; |
| | but this subsection does not restrict the matters which may be addressed in guidance. |
| (5) | Any person exercising a licensing power or other function to which this section applies shall have regard to any guidance which relates to that power or other function. |
| (6) | A copy of any guidance shall be laid before Parliament and published in such manner as the Secretary of State may think fit. |
| (7) | In this section "guidance" means guidance stating that it is given under this section. |
| (8) | The consolidated criteria relating to export licensing decisions announced to Parliament by the Secretary of State on 26th October 2000 shall (until withdrawn or varied under this section) be treated as guidance which— |
| (a) | is given and published under this section; and |
| (b) | fulfils the duty imposed by subsection (3) in respect of any export controls and transfer controls which may be imposed in relation to goods or technology of a description falling within paragraph 1 or 2 of the Schedule." |
| | THE LORD SAINSBURY OF TURVILLE |
| Page 6, leave out lines 17 and 18 |
| Page 6, line 38, leave out "British Dependent Territories Citizen" and insert "British overseas territories citizen" |
| | THE LORD RAZZALL
THE LORD REDESDALE |
| Page 6, line 43, leave out subsection (3) |
| | THE LORD SAINSBURY OF TURVILLE |
| Page 7, line 5, at end insert— |
| "(2) | An order under this section may make transitional provision in connection with any modification made by the order." |
| | THE LORD RAZZALL
THE LORD REDESDALE |
| Page 8, line 27, at end insert "and the Isle of Man" |
| | THE LORD SAINSBURY OF TURVILLE |
| Page 9, leave out lines 3 to 10 |
| Page 9, line 10, at end insert— |
| | "1 (1) Export controls and trade controls may be imposed in relation to— |
| (b) | goods on which military technology is recorded or from which it can be derived; |
| (c) | equipment intended, designed or adapted for use in the development or production of military equipment. |
| | (2) Transfer controls may be imposed in relation to military technology. |
| | (3) Technical assistance controls may be imposed in relation to any services connected with the development, production or use of— |
| (b) | military technology; or |
| (c) | equipment falling within sub-paragraph (1)(c). |
| | (4) In this paragraph (without prejudice to the generality of the terms)— |
| | "military equipment" includes— |
| (a) | firearms and other weapons (whether or not intended, designed or adapted for military use or in military use); |
| (b) | goods intended, designed or adapted for military use (whether or not in military use); and |
| | "military technology" includes technology intended, designed or adapted— |
| (b) | for use in connection with the development, production or use of military equipment or equipment falling within sub-paragraph (1)(c). |
| | (5) For the purposes of sub-paragraph (4) the reference to firearms and other weapons includes a reference to— |
| (a) | component parts of firearms or other weapons; |
| (b) | accessories for use with firearms or other weapons; and |
| (c) | ammunition, missiles or projectiles of any kind which are intended, designed or adapted for use with firearms or other weapons." |
| Page 9, leave out lines 11 to 27 and insert— |
| | "2 (1) Export controls may be imposed in relation to any goods the exportation or use of which is capable of having a relevant consequence. |
| | (2) Transfer controls may be imposed in relation to any technology the transfer or use of which is capable of having such a consequence. |
| | (3) Technical assistance controls may be imposed in relation to any technical assistance the provision or use of which is capable of having such a consequence. |
| | (4) Trade controls may be imposed in relation to any goods the acquisition, disposal, movement or use of which is capable of having such a consequence." |
| Page 9, line 28, leave out "this Schedule" and insert "paragraph 2" |
| Page 10, line 16, at end insert— |
| | "( ) The question whether an activity involving goods, technology or technical assistance of any particular description is capable of having a relevant consequence is to be determined by the Secretary of State at the time the order imposing the controls is made." |
| Page 10, line 22, leave out from beginning of line to "objects" in line 23 and insert "Export controls may be imposed in relation to" |
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