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Amendments to the Export Control Bill

Export Control Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

THE LORD REDESDALE
THE LORD RAZZALL

1*Page 1, line 10, at end insert—
"(   )  Where export controls apply to goods which are within one or more of the categories mentioned in paragraph 1(1) of the Schedule, the guidance issued under section 7 shall have regard to their issues relating to sustainable development and to any possible consequences of the goods being controlled that are of a kind mentioned in the Table in paragraph 3 of the Schedule."
 

THE LORD SAINSBURY OF TURVILLE

2Page 1, line 11, leave out "An order under this section may" and insert "The Secretary of State may by order"
 

Clause 2

 

THE BARONESS MILLER OF HENDON
THE BARONESS SHARP OF GUILDFORD
THE LORD ROTHERWICK

3Page 2, line 2, at beginning insert "Subject to the provisions of section (Academic Freedom),"
4Page 2, line 12, leave out paragraphs (c) and (d)
 

THE LORD SAINSBURY OF TURVILLE

5Page 2, line 23, leave out "An order under this section may" and insert "The Secretary of State may by order"
 

Clause 3

 

THE BARONESS MILLER OF HENDON
THE BARONESS SHARP OF GUILDFORD
THE LORD ROTHERWICK

6Page 2, line 37, at beginning insert "Subject to the provisions of section (Academic Freedom),"
 

THE LORD SAINSBURY OF TURVILLE

7Page 3, line 13, leave out "this section" and insert "subsection (1)"
8Page 3, line 19, leave out "An order under this section may" and insert "The Secretary of State may by order"
9Page 3, line 22, leave out "Controls may be imposed under this section" and insert "Technical assistance controls may be imposed"
 

After Clause 3

 

THE BARONESS MILLER OF HENDON
THE BARONESS SHARP OF GUILDFORD
THE LORD ROTHERWICK

10Insert the following new Clause—
  "Academic freedom
(1)  Unless any form of restriction is permitted under or by virtue of any other Act, or is required by any international treaty obligation of the United Kingdom or a Directive of the Council of the European Community, an order made under section 2 or 3 of this Act may not impose any control on—
(a)  any information already in the public domain anywhere in the world (whether or not it is the subject of any patent, copyright, or other form of protection for intellectual property);
(b)  the placing of any information in the public domain by publication orally or in writing or electronically (including for the purposes of a patent copyright or other form of protection of intellectual property); or
(c)  the transfer of any information orally or in writing or electronically in the ordinary course of academic teaching or research unless the person placing or transferring the data knows or ought to have known that such information is or may be intended for use in connection with the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological, or nuclear weapons or other nuclear explosive devices or the development, production, maintenance or storage of missiles or other unmanned vehicles or other devices capable of delivering such weapons.
(2)  Nothing in this section affects the powers of the Comptroller-General under section 22 of the Patents Act 1977 (c. 37) (secrecy directions) or any statutory modification or re-enactment thereof which otherwise affects any obligation imposed by any other enactment or at common law relating to the secrecy of official information.
(3)  Nothing in subsection (1) restricts the application of transfer or technical assistance controls to the transfer of any information to a person who, or a place which, is outside the European Community by a person who knows or ought to know that the information in question is or may be intended for use in connection with the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or other nuclear explosive devices or the development, production, maintenance or storage of missiles or other devices capable of delivering such weapons.
(4)  An order made under section 2 or 3 of this Act may not apply to the supply of services or the transmission of technology if that supply or transmission involves the cross border movement of natural persons."
 

Clause 4

 

THE LORD SAINSBURY OF TURVILLE

11Page 4, line 1, leave out "An order under this section may" and insert "The Secretary of State may by order"
12Page 4, line 9, leave out from "section" to end of line 10
 

THE LORD REDESDALE
THE LORD RAZZALL

13Page 4, line 18, leave out "may" and insert "shall"
14Page 4, line 20, at end insert—
"(   )  Proceedings for an offence committed under this section outside the United Kingdom may be taken, and the offence may for incidental purposes be treated as having been committed, in any place in the United Kingdom."
 

After Clause 4

 

THE LORD JOFFE
THE LORD PHILLIPS OF SUDBURY

15Insert the following new Clause—
  "Trade controls: acts outside the United Kingdom
(1)  This section applies if—
(a)  a national of the United Kingdom or a body incorporated under the law of any part of the United Kingdom does anything in a country or territory outside the United Kingdom, and
(b)  the act would, if done in the United Kingdom, constitute a trade control offence (as defined below).
(2)  In such a case—
(a)  the act constitutes the offence concerned, and
(b)  proceedings for the offence may be taken in the United Kingdom.
(3)  For the purposes of this section, trade control offences are—
(a)  the acquisition or disposal, the movement or activities which facilitate or are otherwise connected with the acquisition, disposal or movement of—
(i)  missiles capable of a range of 300km or more, and specifically designed components therefor; or
(ii)  any "equipment" falling within PL5001 paragraph (c) or (g) of the Military List;
(b)  any unlicensed—
(i)  acquisition or disposal;
(ii)  movement; or
(iii)  activities which facilitate or are otherwise connected with the acquisition, disposal or movement,
  of small arms and light weapons, and ammunition for small arms and light weapons.
(4)  Other acts done outside the United Kingdom and the Isle of Man may also be defined as trade control offences, but only if they are done by a person who is, or is acting under the control of, a United Kingdom person."
 

Clause 5

 

THE LORD SAINSBURY OF TURVILLE

16Leave out Clause 5 and insert the following new Clause—
"5General restriction on control powers
3 (2)  Controls of any kind may be imposed for the purpose of giving effect to any Community provision or other international obligation of the United Kingdom.
(3)  In subsection (2) "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).
(4)  Export controls may be imposed in relation to any description of goods within one or more of the categories specified in the Schedule for such controls.
(5)  Transfer controls may be imposed in relation to any description of technology within one or more of the categories specified in the Schedule for such controls.
(6)  Technical assistance controls may be imposed in relation to any description of technical assistance within one or more of the categories specified in the Schedule for such controls.
(7)  Trade controls may be imposed in relation to any description of goods within one or more of the categories specified in the Schedule for such controls."
 

THE BARONESS MILLER OF HENDON
THE LORD ROTHERWICK
[As an amendment to amendment 16]

17*Line 3, after first "to" insert "section (3A) and"
 

After Clause 5

 

THE LORD SAINSBURY OF TURVILLE

18Insert the following new Clause—
"5AExceptions from the general restriction
(1)  Section (General restriction on control powers) does not apply to the power to impose any controls if the control order which imposes them provides for its expiry no later than the end of the period of twelve months beginning with the day on which it is made.
(2)  Section (General restriction on control powers) does not apply in relation to provisions of a control order which—
(a)  amend an earlier control order; or
(b)  revoke and re-enact (with or without modifications) provisions of an earlier control order,
  unless they impose new controls or strengthen the controls previously imposed.
(3)  In subsection (2) "an earlier control order" does not include an order made by virtue of subsection (1)."
 

Clause 6

 

THE BARONESS MILLER OF HENDON
THE LORD ROTHERWICK

19Page 5, line 19 at end insert ", but such disclosure shall not be permitted except—
(i)  insofar as is necessary in order to monitor or enforce compliance with the order or any licence granted under it and shall (except when provided for the purpose of regulation or enforcement of export controls and the investigation or prosecution of alleged offences) only be permitted on condition that the recipient shall treat such material as confidential; or
(ii)  in order to enable the United Kingdom to comply with its international obligations by virtue of any treaty, international agreement or its membership of any international organisation.
20Page 5, line 24, at end insert—
"(   )  It shall be a defence to any charge under subsection (1)(g) of an offence described wholly or partially by reference to the uses to which any goods, technology or technical assistance may be put that the person charged did not know and could not reasonably have been expected to know that there was a risk that the goods, technology or technical assistance in question would be put to such uses."
21*Page 5, line 35, at end insert—
"(3)  An order under any of the preceding provisions of this Act shall (unless there shall be in force a general order applying the requirements set out in this subsection) make provision—
(a)  for a prescribed form of application in which descriptive details of the goods or technology in question, their value and the identity and address of the proposed consignee and, if known, both the potential uses and the actual uses by the consignee are set out;
(b)  prescribing the time after receipt of an application in which further information can be sought by the licensing authority to supplement the information contained in the application;
(c)  prescribing a time (which may be varied between different types of applications or between different types of goods and technology) after the receipt of the application and any further information when an application shall be deemed to have been granted unless refused;
(d)  for written reasons for refusal of any application to be given to the applicant, provided that if the refusal is for security reasons that fact should be stated.
(e)  for reasons under paragraph (c) above to contain sufficient information to enable the applicant, if so advised to challenge the reasons on appeal; and
(f)  prescribing an appeals procedure, either by way of a hearing or by written representations or both and for reasons for the dismissal of any appeal, subject to security considerations being made known to the exporter in writing.
(4)  In any case where a licence is deemed to have been granted pursuant to subsection (3)(c) the Secretary of State shall provide the applicant on request with a written document confirming that the export of the goods or technology is authorised."
 

After Clause 6

 

THE LORD SAINSBURY OF TURVILLE

22Insert the following new Clause—
"6A
  In exercising any power to make a control order, the Secretary of State shall have regard to the need to avoid any unreasonable restriction on—
(a)  the making of information generally available to the public; or
(b)  the communication of information that has already been made generally available to the public."
 

THE BARONESS MILLER OF HENDON
THE LORD ROTHERWICK

23*Insert the following new Clause—
  "Temporary export licences
(1)  Any order made under section 1 shall include provision for the activity to be authorised by a temporary export licence.
(2)  A temporary export licence is one which authorises goods to leave the United Kingdom on a short term temporary basis for the purposes of exhibition or demonstration during which time the goods remain under the control of the United Kingdom exporter.
(3)  Any application for such a temporary export licence shall be granted within 20 working days from the lodging of the application (or such extended time as the applicant may agree) and if it shall not be so granted, unless it is refused it shall be deemed to have been granted and the provisions of section 6(4) shall apply."

 
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©Parliamentary copyright 2002
17 April 2002