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Export Control Act

Volume 404: debated on Tuesday 15 April 2003

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To ask the Secretary of State for Trade and Industry (1) in what circumstances an individual dealing in arms in Zimbabwe who has UK residence rights but holds joint Zimbabwean and Dutch nationality would be subject to the restrictions and sanctions contained in the Export Control Act 2002 and the proposed draft secondary legislation issued for consultation in January; [107800](2) in what circumstances UK companies

(a) controlled by and (b) associated with an individual with UK residence rights but joint Zimbabwean arid Dutch nationality which are dealing in arms to Zimbabwe would be subject to the restrictions and sanctions contained in the Export Control Act 2002 and the proposed secondary legislation issued for consultation in January; [107801]

(3) in what circumstances an individual dealing in arms who has UK residence rights but who does not hold a UK passport would be subject to the restrictions and penalties in the Export Control Act 2002 and the proposed draft secondary legislation issued for consultation in January.[107803]

[holding answers 14 April 2003]: The Government cannot make assessments on hypothetical cases based on secondary legislation that is still under consultation. However, the Export Control Act 2002 provides new powers to control trafficking and brokering activities carried out in the UK and by UK persons, as defined in the Act.The consultation document on the draft orders to be made under the Act sets out the scope of the new trade controls and is available from the Libraries of the House.

To ask the Secretary of State for Trade and Industry what (a) sanctions and (b) restrictions would apply to an individual with UK residence rights and business interests but joint Zimbabwean and Dutch nationality under (i) the Export Control Act 2002, (ii) the proposed secondary legislation issued for consultation in January 2003 and (iii) European Union legislation who supplied arms or military supplies to Zimbabwe through (A) UK incorporated companies and (B) Zimbabwe incorporated companies, which are associated with or controlled by him.[107802]

[holding answer 14 April 2003]: The Government cannot make assessments on hypothetical cases based on secondary legislation that is still under consultation. However, the Export Control Act 2002 provides new powers to control trafficking and brokering activities carried out in the UK and by UK persons, as defined in the Act.The consultation document on the draft orders to be made under the Act sets out the scope of the new trade controls and the penalties for breach of the legislation. The consultation document is available from the Libraries of the House.Zimbabwe is subject to an EU embargo on the sale or supply of arms and other military equipment. I also refer my hon. friend to the reply from my right hon. Friend the Member for Livingston (Mr. Cook), the then Foreign Secretary, to my hon. Friend, the Member for Barnsley, East and Mexborough, (Mr. Ennis) of 12 May 2000,

Official Report, columns 493–94W.