National Security (State Threats) Bill Committee: New Clause 3

Proposed by Alicia Kearns

I beg to move amendment 16, page 2, line 12, at end insert— “33AA Conduct relevant to designation (1) For the purposes of section 33A, a body is to be regarded as involved in foreign power threat activity if the Secretary of State reasonably believes that the body is, or has been, involved in— (a) t… I beg to move amendment 16, page 2, line 12, at end insert— “33AA Conduct relevant to designation (1) For the purposes of section 33A, a body is to be regarded as involved in foreign power threat activity if the Secretary of State reasonably believes that the body is, or has been, involved in— (a) transnational repression; (b) abusive lawfare; (c) sanctions evasion connected to a foreign power, a designated body or foreign power threat activity; (d) the concealment, movement or control of assets for or on behalf of a foreign power or a body acting for or on behalf of a foreign power; or (e) conduct which enables, facilitates, assists or conceals any activity falling within paragraphs (a) to (d). (2) For the purposes of this section, “transnational repression” means conduct carried out by, for, or on behalf of, or with the intention of benefiting, a foreign power, where the conduct has the purpose, or effect, of intimidating, coercing, punishing, silencing, controlling or retaliating against— (a) a person in the United Kingdom; (b) a United Kingdom national; (c) a person resident in the United Kingdom; (d) a person with a substantial connection to the United Kingdom; or (e) a family member, associate or representative of a person falling within paragraphs (a) to (d). (3) Conduct falling within subsection (2) includes, but is not limited to— (a) surveillance, harassment, intimidation, threats or coercion; (b) threats or reprisals against family members or associates overseas; (c) forced return, attempted forced return, abduction or attempted abduction; (d) misuse of criminal, civil, immigration, extradition or administrative processes; (e) misuse of Interpol notices or other international police cooperation mechanisms; (f) targeting of journalists, activists, human rights defenders, lawyers, political opponents, dissidents, whistleblowers or members of diaspora communities; and (g) conduct intended to conceal, enable or facilitate any activity falling within paragraphs (a) to (f). (4) For the purposes of this section, “abusive lawfare” means the use, or threatened use, of legal, regulatory, administrative, criminal, civil, immigration, extradition or other proceedings where the predominant purpose, or one of the predominant purposes, is to— (a) intimidate, silence, punish or deter a person from engaging in public interest speech, journalism, advocacy, democratic participation or human rights work; (b) deter investigation or scrutiny of corruption, human rights abuses, sanctions evasion, hostile state activity or foreign power threat activity; (c) impose disproportionate cost, delay, pressure or reputational harm on the target; or (d) protect, conceal or advance the interests of a foreign power or a body acting for or on behalf of a foreign power. (5) Proceedings, or threatened proceedings, are not abusive merely because they are brought by, or on behalf of, a foreign power, or a person connected to a foreign power. (6) For the purposes of this section, “sanctions evasion” means conduct which has the purpose, or effect, of enabling or facilitating the evasion, circumvention or frustration of— (a) sanctions imposed under the Sanctions and Anti-Money Laundering Act 2018; (b) asset-freezing measures; (c) trade sanctions; (d) export controls; (e) immigration restrictions; (f) public procurement restrictions; or (g) any other restrictive measure imposed by or under an enactment for the purpose of protecting the safety or interests of the United Kingdom. (7) Nothing in this section is to be read as preventing legal advice, representation or advocacy, provided that such activity is not undertaken for the purpose of facilitating foreign power threat activity, transnational repression, sanctions evasion, abusive lawfare or the concealment of assets connected to a designated body.” This amendment would specify categories of conduct that may be regarded as involvement in foreign power threat activity for the purposes of designation.

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