Asked by: Iqbal Mohamed (Independent - Dewsbury and Batley)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, what steps he is taking to ensure controlled UK miliary items are not exported without proper authorisation.
Answered by Chris Bryant - Minister of State (Department for Business and Trade)
Any exporter seeking to export controlled items is subject to the UK’s Export Control regime as established under the Export Control Act 2002. All applications for export licences are assessed against the Strategic Export Licensing Criteria.
Overall responsibility for enforcement of export controls rests with HMRC. HMRC works closely with Border Force to conduct customs checks to ensure exports are appropriately licences and, where necessary, seize goods at the port.
The export of goods in contravention of our licensing controls is a serious offence and can result in a substantial prison sentence.
Asked by: Iqbal Mohamed (Independent - Dewsbury and Batley)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, what assessment his Department has made of the potential implications for his Department’s policies of Colombia's announcement that it will withdraw from the Investor-State Dispute Settlement (ISDS) system.
Answered by Chris Bryant - Minister of State (Department for Business and Trade)
The Government values the role played by the UK-Colombia Bilateral Investment Treaty (BIT) in the investment relationship between our countries. It includes binding investment protection provisions under the ISDS which protect both UK and Colombian investors against unfair and discriminatory treatment, and expropriation without adequate compensation.
My Department has not received a formal approach from its Colombian counterparts to discuss the UK-Colombia BIT or its ISDS provisions.
Asked by: Iqbal Mohamed (Independent - Dewsbury and Batley)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, whether his Department has undertaken a review of the continued inclusion of Investor-State Dispute Settlement provisions in UK trade and investment agreements.
Answered by Chris Bryant - Minister of State (Department for Business and Trade)
Investor State Dispute Settlement (ISDS) provides an independent means for investors to resolve disputes with states where they believe they have experienced arbitrary, discriminatory or unfair treatment or expropriation without compensation.
The Government is aware of the interest in this important policy area and, in line with HMG’s Trade Strategy, the UK will continue to work with trading partners multilaterally, such as the OECD and the UN, to pursue opportunities to improve ISDS practice.
Asked by: Iqbal Mohamed (Independent - Dewsbury and Batley)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, whether his Department holds information on the number of Investor-State Dispute Settlement claims that have been initiated by UK-based investors against foreign governments in each of the last 20 years.
Answered by Chris Bryant - Minister of State (Department for Business and Trade)
The Government does not keep a record of Investor-State Dispute Settlement (ISDS) claims where it is not a disputing party. The United Nations Commission on Trade and Development maintains a database of known ISDS claims, including those initiated by UK-based investors. This can be found at: https://investmentpolicy.unctad.org/investment-dispute-settlement .
Asked by: Iqbal Mohamed (Independent - Dewsbury and Batley)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, what the cost to the public purse has been of responding to Investor-State Dispute Settlement claims brought against the UK since 2000, including legal fees and arbitration costs.
Answered by Chris Bryant - Minister of State (Department for Business and Trade)
The UK has 77 BITs with Investor-State Dispute Settlement (ISDS) provisions. The Government is defending two active arbitrations, neither of which have been settled or concluded. The Government has acted consistently with domestic and international law obligations. In view of the ongoing proceedings, it would be inappropriate for the Government to comment further at this stage.
Asked by: Iqbal Mohamed (Independent - Dewsbury and Batley)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, how much compensation has been paid to claimants as a result of Investor-State Dispute Settlement rulings and settlements.
Answered by Chris Bryant - Minister of State (Department for Business and Trade)
The UK has 77 BITs with Investor-State Dispute Settlement (ISDS) provisions. The Government is defending two active arbitrations, neither of which have been settled or concluded. The Government has acted consistently with domestic and international law obligations. In view of the ongoing proceedings, it would be inappropriate for the Government to comment further at this stage.
Asked by: Iqbal Mohamed (Independent - Dewsbury and Batley)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, how many Investor-State Dispute Settlement claims have been brought against the UK in each year since 2000.
Answered by Chris Bryant - Minister of State (Department for Business and Trade)
The UK has 77 BITs with Investor-State Dispute Settlement (ISDS) provisions. The Government is defending two active arbitrations, neither of which have been settled or concluded. The Government has acted consistently with domestic and international law obligations. In view of the ongoing proceedings, it would be inappropriate for the Government to comment further at this stage.
Asked by: Iqbal Mohamed (Independent - Dewsbury and Batley)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, how many Investor-State Dispute Settlement cases involving the UK (a) are ongoing, (b) have been settled and (c) have been concluded.
Answered by Chris Bryant - Minister of State (Department for Business and Trade)
The UK has 77 BITs with Investor-State Dispute Settlement (ISDS) provisions. The Government is defending two active arbitrations, neither of which have been settled or concluded. The Government has acted consistently with domestic and international law obligations. In view of the ongoing proceedings, it would be inappropriate for the Government to comment further at this stage.
Asked by: Iqbal Mohamed (Independent - Dewsbury and Batley)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, what assessment his Department has made of whether dual-use components, including drone engines, should fall within the scope of export licensing requirements given the Strategic Export Licensing Criteria.
Answered by Chris Bryant - Minister of State (Department for Business and Trade)
The requirement for an export licence for military and dual-use items is set out in the Consolidated List of Strategic Military and Dual-Use Items that Require Export Authorisation.
The dual-use list specifies, at entries 9A012 and 9A112, unmanned aerial vehicles and components that are subject to controls. These controls implement the UK’s commitments under the Wassenaar Arrangement and Missile Technology Control Regime. We keep these controls under regular review working with the international partners who operate similar regimes.
Asked by: Iqbal Mohamed (Independent - Dewsbury and Batley)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, whether his Department has imposed export controls on any drone engine manufacturers to on the basis they may be in breach of the UK’s export control criteria and international law.
Answered by Chris Bryant - Minister of State (Department for Business and Trade)
Any exporter seeking to export controlled items is subject to the UK’s Export Control regime as established under the Export Control Act 2002. All applications for export licences are assessed against the Strategic Export Licensing Criteria, which include consideration of international law.
The export of goods in contravention of our licensing controls is a serious offence – in recent months a company director received a substantial prison sentence for attempting to export military equipment without a licence, following a successful prosecution by HMRC.