Asked by: Andrew Mitchell (Conservative - Sutton Coldfield)
Question to the Home Office:
To ask the Secretary of State for the Home Department, if she will communicate guidance to the Director-General of the National Crime Agency on the use of the powers under section 241A of the Proceeds of Crime Act 2002, as amended by Criminal Finances Act 2017.
Answered by Ben Wallace
Section 13 of the Criminal Finances Act allows for civil recovery to be undertaken in cases in relation to property connected with gross human rights abuse or violations. It expands the definition of 'unlawful conduct' within Part 5 of the Proceeds of Crime Act (POCA) to include conduct by a public official that constitutes gross human rights abuse or violations (defined as torture or inhuman, cruel or degrading treatment) of a person on the grounds that they have been obtaining, exercising, defending or promoting human rights, or have sought to expose gross human rights abuse conducted by a public official.
This new power also covers conduct occurring anywhere in the world, provided that it would constitute a sufficiently serious offence if it had occurred in the UK (i.e. that it would have been triable by indictment).
There are a number of dependencies which must be implemented before the Act, including section 13, can be commenced. Work is underway, to ensure the necessary court rules, secondary legislation, training, guidance, and human resources are in place for commencement of the Act by Summer 2018. This includes the guidance for prosecutors and investigators issued under Section 2A of POCA.
Asked by: Andrew Mitchell (Conservative - Sutton Coldfield)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what plans she has to communicate guidance to the National Crime Agency to recommend freezing the assets of people implicated in the Magnitsky case.
Answered by Ben Wallace
Section 13 of the Criminal Finances Act allows for civil recovery to be undertaken in cases in relation to property connected with gross human rights abuse or violations. It expands the definition of 'unlawful conduct' within Part 5 of POCA to include conduct by a public official that constitutes gross human rights abuse or violations (defined as torture or inhuman, cruel or degrading treatment) of a person on the grounds that they have been obtaining, exercising, defending or promoting human rights, or have sought to expose gross human rights abuse conducted by a public official.
This new power also covers conduct occurring anywhere in the world, provided that it would constitute a sufficiently serious offence if it had occurred in the UK (i.e. that it would have been triable by indictment).
There are a number of dependencies which must be implemented before the Act, including section 13, can be commenced. Work is underway to ensure the necessary court rules, secondary legislation, training, guidance and human resources are in place for commencement of the Act by Summer 2018.
Asked by: Andrew Mitchell (Conservative - Sutton Coldfield)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether a taskforce has been set up to implement Section 13 of the Criminal Finances Act 2017.
Answered by Ben Wallace
Section 13 of the Criminal Finances Act allows for civil recovery to be undertaken in cases in relation to property connected with gross human rights abuse or violations. It expands the definition of 'unlawful conduct' within Part 5 of POCA to include conduct by a public official that constitutes gross human rights abuse or violations (defined as torture or inhuman, cruel or degrading treatment) of a person on the grounds that they have been obtaining, exercising, defending or promoting human rights, or have sought to expose gross human rights abuse conducted by a public official.
This new power also covers conduct occurring anywhere in the world, provided that it would constitute a sufficiently serious offence if it had occurred in the UK (i.e. that it would have been triable by indictment).
There are a number of dependencies which must be implemented before the Act, including section 13, can be commenced. Work is underway to ensure the necessary court rules, secondary legislation, training, guidance and human resources are in place for commencement of the Act by Summer 2018.
Asked by: Andrew Mitchell (Conservative - Sutton Coldfield)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether she has communicated guidance to the Director General of the National Crime Agency on the implementation of section 13 of the Criminal Finances Act 2017.
Answered by Ben Wallace
Section 13 of the Criminal Finances Act allows for civil recovery to be undertaken in cases in relation to property connected with gross human rights abuse or violations. It expands the definition of 'unlawful conduct' within Part 5 of POCA to include conduct by a public official that constitutes gross human rights abuse or violations (defined as torture or inhuman, cruel or degrading treatment) of a person on the grounds that they have been obtaining, exercising, defending or promoting human rights, or have sought to expose gross human rights abuse conducted by a public official.
This new power also covers conduct occurring anywhere in the world, provided that it would constitute a sufficiently serious offence if it had occurred in the UK (i.e. that it would have been triable by indictment).
There are a number of dependencies which must be implemented before the Act, including section 13, can be commenced. Work is underway to ensure the necessary court rules, secondary legislation, training, guidance and human resources are in place for commencement of the Act by Summer 2018.
Asked by: Andrew Mitchell (Conservative - Sutton Coldfield)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how much funding has been made available to implement section 13 of the Criminal Finances Act 2017.
Answered by Ben Wallace
Section 13 of the Criminal Finances Act allows for civil recovery to be undertaken in cases in relation to property connected with gross human rights abuse or violations. It expands the definition of 'unlawful conduct' within Part 5 of POCA to include conduct by a public official that constitutes gross human rights abuse or violations (defined as torture or inhuman, cruel or degrading treatment) of a person on the grounds that they have been obtaining, exercising, defending or promoting human rights, or have sought to expose gross human rights abuse conducted by a public official.
This new power also covers conduct occurring anywhere in the world, provided that it would constitute a sufficiently serious offence if it had occurred in the UK (i.e. that it would have been triable by indictment).
There are a number of dependencies which must be implemented before the Act, including section 13, can be commenced. Work is underway to ensure the necessary court rules, secondary legislation, training, guidance and human resources are in place for commencement of the Act by Summer 2018.
Asked by: Andrew Mitchell (Conservative - Sutton Coldfield)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many National Crime Agency personnel have been assigned to investigate people whose conduct constitutes, or is connected with, the commission of a gross human rights abuse or violation and to enforce the asset-freezing provisions in Part 5 of the Proceeds of Crime Act 2002.
Answered by Ben Wallace
Section 13 of the Criminal Finances Act allows for civil recovery to be undertaken in cases in relation to property connected with gross human rights abuse or violations. It expands the definition of 'unlawful conduct' within Part 5 of POCA to include conduct by a public official that constitutes gross human rights abuse or violations (defined as torture or inhuman, cruel or degrading treatment) of a person on the grounds that they have been obtaining, exercising, defending or promoting human rights, or have sought to expose gross human rights abuse conducted by a public official.
This new power also covers conduct occurring anywhere in the world, provided that it would constitute a sufficiently serious offence if it had occurred in the UK (i.e. that it would have been triable by indictment).
There are a number of dependencies which must be implemented before the Act, including section 13, can be commenced. Work is underway to ensure the necessary court rules, secondary legislation, training, guidance and human resources are in place for commencement of the Act by Summer 2018.
Asked by: Andrew Mitchell (Conservative - Sutton Coldfield)
Question to the Home Office:
To ask the Secretary of State for the Home Department, if her Department will take steps to prohibit Dmitri Kluyev from investing proceeds of criminal activity in the UK.
Answered by Ben Wallace
Through Money Laundering Regulations, the UK regulated sector is required to carry out due diligence checks to identify illicit wealth and prevent it from entering the financial system.
Where illicit funds are identified, then law enforcement agencies have, through the Proceeds of Crime Act 2002, robust powers to seize and recover these.
Asked by: Andrew Mitchell (Conservative - Sutton Coldfield)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether the 39 Russian nationals, named in the Sergei Magnitsky Rule of Law Accountability Act passed by the US Congress and President Obama in 2012, are currently barred from entering the UK.
Answered by Ben Wallace
We have a long established practice of not routinely commenting on individual immigration cases. Reasons for this include data protection.
We can however confirm that foreign nationals requiring leave to enter the UK must meet the requirements of the Immigration Rules in the category of entry sought and that, by their own actions, must not have brought themselves within scope of the general grounds for refusal in the Immigration Rules.
Evidence that an individual has been involved in organised crime or human rights abuses would be taken into account when a visa application is considered. Individuals will be denied entry to the UK where there is evidence to show that their presence would not be considered conducive to the public good.
Asked by: Andrew Mitchell (Conservative - Sutton Coldfield)
Question to the Home Office:
To ask the Secretary of State for the Home Department, if she will issue orders barring the 39 Russian nationals, named in the Sergei Magnitsky Rule of Law Accountability Act passed by the US Congress and President Obama in 2012, from entering the UK.
Answered by Ben Wallace
We have a long established practice of not routinely commenting on individual immigration cases. Reasons for this include data protection.
We can however confirm that foreign nationals requiring leave to enter the UK must meet the requirements of the Immigration Rules in the category of entry sought and that, by their own actions, must not have brought themselves within scope of the general grounds for refusal in the Immigration Rules.
Evidence that an individual has been involved in organised crime or human rights abuses would be taken into account when a visa application is considered. Individuals will be denied entry to the UK where there is evidence to show that their presence would not be considered conducive to the public good.
Asked by: Andrew Mitchell (Conservative - Sutton Coldfield)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether there is an order in force that would prevent Pavel Karpov from entering the UK on or before 1 December 2016.
Answered by Ben Wallace
We have a long established practice of not routinely commenting on individual immigration cases. Reasons for this include data protection.
We can however confirm that foreign nationals requiring leave to enter the UK must meet the requirements of the Immigration Rules in the category of entry sought and that, by their own actions, must not have brought themselves within scope of the general grounds for refusal in the Immigration Rules.
Evidence that an individual has been involved in organised crime or human rights abuses would be taken into account when a visa application is considered. Individuals will be denied entry to the UK where there is evidence to show that their presence would not be considered conducive to the public good.