§ Paul FarrellyTo ask the Secretary of State for Trade and Industry if she will discuss with(a) the Foreign Secretary, (b) the Secretary of State for International Development, (c) the Secretary of State for Defence and (d) the European Commission the allegations made by the hon. Member for Newcastle-under-Lyme in the (i) debate on Export Controls on 6 November and (ii) debate on the Export Control Bill on 8 November 2001 in relation to arms supplies to Zimbabwe and the Democratic Republic of Congo; and if she will take steps to investigate the allegations. [138668]
§ Nigel GriffithsInvestigations into alleged breaches of arms embargoes and Sanctions regimes is a matter for HM Customs and Excise.
§ Paul FarrellyTo ask the Secretary of State for Trade and Industry (1) pursuant to the answer of 28 April 2003,Official Report, columns 104–05W, on the Export Control Act 2002, what (a) controls and (b) sanctions would apply under (A) orders made under the Export Control Act 2002 coming into force on 1 May 2004 and (B) European Union measures to an individual with United Kingdom residence rights and business interests but joint Zimbabwean and Dutch nationality who supplied arms or military supplies to Zimbabwe through (i) United Kingdom incorporated companies and (ii) Zimbabwe incorporated companies, which are associated with or controlled by her; [138696]
(2) in what circumstances an individual dealing in arms who has United Kingdom residence rights but who does not hold a United Kingdom passport would be subject to the controls and sanctions of the orders due to come into force on 1 May 2004 under the Export Control Act 2002; [138697]
(3) in what circumstances United Kingdom companies (a) controlled by and (b) associated with an individual with United Kingdom residence rights but joint Zimbabwean and Dutch nationality which are dealing in arms to Zimbabwe would be subject to restrictions and sanctions contained in the orders coming into force on 1st May 2004 under the Export Control Act 2002; [138698]
989W(4) in what circumstances an individual dealing in arms to Zimbabwe who has United Kingdom residence rights but holds joint Zimbabwean and Dutch nationality would be subject to the controls contained in the orders which will come into force on 1 May 2004 under the Export Control Act 2002; [138699]
(5) whether the Export Control Act 2002 and the orders due to come into force on 1 May 2004 will apply to the activities of UK-based arms dealers who have UK residence rights but are not UK passport holders and who supply arms to Zimbabwe through companies incorporated and based overseas. [138700]
§ Nigel GriffithsThe Trade in Goods (Control) Order prohibits trade in specified military equipment between countries outside the UK unless the Secretary of State grants a licence. In the case of long-range missiles, specially designed components and equipment used in torture, the controls will apply to any trading activities done in the UK and also to the activities of UK persons anywhere in the world. For trade in any other equipment on the UK Military List to non-embargoed destinations, the controls will apply where any part of the trading activity takes place in the UK. The maximum penalty under this Order, for trading without a licence, is a fine for any amount or imprisonment for a term not exceeding 10 years, or both.
A "UK person" is defined as a UK national, a Scottish Partnership, or a body incorporated under the law of any part of the UK. Controls on trade from a country outside the UK to an embargoed destination will be introduced by a separate Order to be made under Section 4 of the Export Control Act 2002. Trade activities carried out in the UK or by a UK person anywhere in the world are prohibited without a licence. The relevant embargoed destinations will be those subject to non-binding United Nations Sanctions, and European Union, Organisation for Security and Cooperation in Europe (OSCE), and UK national, embargoes. The maximum penalty under these Orders, for promoting the supply or delivery of any relevant goods to the embargoed destination without a licence, will be a fine for any amount or imprisonment for a term not exceeding 10 years, or both.
Zimbabwe is subject to both EU and national embargoes. On 18 February 2002 the Council of the European Union agreed a range of targeted sanctions against Zimbabwe (Council Common Position 2002/145/CFSP), including an embargo on the sale or supply of arms by nationals of member states and from the territory of member states, a ban on the supply of training or assistance related to the provision, manufacture, maintenance or use of arms, and a ban on the sale or supply of certain equipment which might be used for internal repression. The European Council subsequently adopted Council Regulation (EC) 310/ 2002 implementing certain measures of the Common Position, including the ban on the sale or supply of equipment for internal repression and technical assistance related to arms.
The Zimbabwe (Sale, Supply, Export and Shipment of Equipment) (Penalties and Licences) Regulation 2002 (SI 2002/868) gives effect to EU Regulation 310/2002. The maximum penalty under the UK Regulation, for promoting the sale, supply or shipment of equipment 990W which might be used for internal repression or the provision of relevant technical assistance to Zimbabwe without a licence, is a fine, imprisonment for a term not exceeding two years, or both. Presently, under the Export of Goods (Control) Order 1994, the maximum penalty for the export of controlled goods from the UK to Zimbabwe without a valid export licence is a fine or imprisonment for a term not exceeding seven years, or both. This is to be increased to 10 years imprisonment from 1 May 2004 under the Trade in Good (Control) Order.
A licence would be required under the new trade controls by a UK person anywhere in the world or any person acting in the UK who negotiated or arranged a contract with an overseas partner which he or she knew or had reason to believe would result in the movement of controlled goods from an overseas country to an embargoed destination. This would include trade to a third country where he or she knew or had reason to suppose that the goods were ultimately destined for an embargoed destination. The controls would apply to trading activity done from the UK regardless of whether it was undertaken through UK or foreign registered companies.