Proceeding contribution from Lord Sassoon (Conservative) in the House of Lords on Monday, 25 October 2010. It occurred during Debate on bill on Terrorist Asset-Freezing etc. Bill [HL].
Terrorist Asset-Freezing etc. Bill [HL]
My Lords, the interpretation of UNSCR 1373 can be construed partly on a recommendation of the resolution itself and partly on the interpretation which the Financial Action Task Force has made. It is clear from its guidance that asset freezes should not be limited only to cases where people have been charged or convicted. If we were to accept this amendment, which the Government do not intend to do, it would certainly put the UK outside what is considered by all leading countries through the FATF guidance to be best practice in implementing Resolution 1373. What we are proposing is consistent with the approach taken by other authorities, such as in Canada and New Zealand, of which the noble and learned Lord, Lord Brown, approved in the case of Ahmed. I agree with the interpretation of the noble Lord, Lord Bach, of the situation. Asset freezing is implemented against individuals and groups in the UK and overseas. At the moment, 22 entities and 14 individuals overseas are the subject of asset freezing. Nothing in Clause 1 limits this. Asset freezing certainly is not limited to people in the UK. People anywhere in the world can be designated, but the prohibitions apply only within UK jurisdictions; that is, to assets that are either held in the UK or by UK persons such as banks overseas. I hope that that clarifies the question of territorial scope.
Secondary information
- Type
- Proceeding contribution
- Reference
- 721 c1041-2
- Session
- 2010-12
- Chamber / Committee
- House of Lords chamber
- Subjects
- Disclosure of information Appeals Human rights Jurisdiction Financial services Financial institutions International cooperation Money laundering Terrorism Treasury Sequestration of assets Freezing of assets
- Legislation
- Terrorist Asset-freezing etc Bill (HL) 2010-12
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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