Department for lntemational Trade 3 Wh¡tehall Place London Department for SWIA2AW lnternational Trade
Mr Pete Falmouth T +44(0)2072155000 req [email protected] E [email protected] W www.gov.uk/dit
Ref: FOl2018/00649
April2018
Dear Mr Falmouth,
Thank you for your email of 5 February where you requested the following information:
Correspondence, including emails, between **DIT ministers, ministers' private office staff or ministers' specialadvisers"*, and any of the following individuals: Tony Blair; Mark Malloch-Brown; James McGrory; Jolyon/Jo Maugham; Nick Clegg; Gina Miller; Tom Brake;or Peter Mandelson, during the year 2016.
Correspondence, including emails, between **DIT ministers, ministers' private office staff or ministers' specialadvr.sers** and any of the following individuals: Tony Blair; Mark Malloch-Brown; James McGrory; Jolyon/Jo Maugham; Nick Clegg; Gina Miller; Tom Brake; or Peter Mandelson, during the year 2017.
Under the Freedom of lnformation Act 2000 ('the Act'), you have the right to: ¡ know whether we hold the information you require . be provided with that information (subject to any exemptions under the Act which may apply).
I can confirm that the Department does hold records that fall within scope of your request.
The information being released at Annex A are copies of the correspondence held by the Department that fall within scope of your request.
The information being released is a redacted version of the official record. Much of this information is of a sensitive nature relating to personal information. This sensitive information is being withheld under Section 40 of the Freedom of lnformation Act (the Act). Additionally, some email correspondence between MP's and their constituents; and subsequent emails to Department for lnternational Trade Ministers have been withheld in their entirety under Section 4O of the Act. Section 40 (Personal lnformation)
Section 4O(2) of the Act provides an absolute exemption for personal data which then falls to be dealt with under the Data Protection Act. The exemption is designed to address the tension between public access to official information and the need to protect personal information. Personal data of third parties can only be disclosed in accordance with the data protection principles. ln particular, the first data protection principle requires that disclosure must be fair and lawful and must comply with one of the conditions in Schedule 2 of the Data Protection Act.
Senior officials should expect it fair that their details may be disclosed as part of a FOI response as their posts ætry a greater level of accountability, since they are likely to be responsible for major policy decisions and the expenditure of public funds. However, having factored in the nature of the request and the responsibilities of the employees in question we do not consider the right of public access to official information to outweigh the right of junior members of staff to have their personal information protected.
Appeals procedure lf you are dissatisfied with the handling of your request, you have the right to ask for an internal review. lnternal review requests should be submitted within two months of the date of receipt of the response to your original request and should be addressed to the lnformation Rights Unit: lnformation Rights Unit Department for lnternational Trade London SWl H OET Email: [email protected]
Please remember to quote the reference number above in any future communications. lf you are not content with the outcome of the internal review, you have the right to apply directly to the lnformation Commissioner for a decision. The Information Commissioner can be contacted at: lnformation Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SKg 5AF
Yours sincerely,
Department for lnternational Trade
Page 2 of 34 Annex A
The Rt Hon Li¡m For MP
Dop.rùrênt fo. lnt8rnational Tråde ffi King CharLs Slreet Whitehell Department for London lnternational Tiade S1,ì/IAzAH
T +¡14 (0) 20 7215 5000 E snouiri€sôtrada.dsi.oov.uk W www.qoy-uk Rt Hon Nick Clegg MP Riverdale House Our f? : MCB20í7/08595 89 Graham Road Your r€t: P6ê1502/501 Sheffield S10 3cP
gfl Mareh2oll
Our policy is not to frustrate or hamper the ability of businesses to flourish but to make lhe world safer for us all by operating a clear, proportionate and robust system of export controls that facilitates responsible exports. I know the Export Control Joint Unit (ECJU) is mindful of the competitive pressures SMEs face and this is why the team makes every effort to process export licence applications promptly.
I am pleased to say that in this particular case a decision was communicated to the company on 6 March 2017, allowing them to proceed with the export of their goods.
The Export Control Organisation works hard to meet our export licensing targets (concluding TOVo of applications within 20 working days and 99% within 60 working Uaysi. tn ihis case the application was concluded in 33 days, which is well within our secondãry target.
I
- THE RT HON LIAT FOX MP Secretary of State, Department for lnternational Trade & President of the Board of Trade
Page 3 of 34 frâ¿ bq'L The Rt. Hon. Nick Clegg M.P. Sheffield Hallam Riverdale Housei 89 Graham Road, Sheffield 510 3GP Tel: 01 14 2309002 Email; [email protected]. uk ? {J f ian ?0t/ The Rt Hon Liam Fox MP Secretary of State Department for lnternational Trade 1 Victoria Street LONDON SWl H OET
14March2}17 Maxw501/502
Dear Liam
I have been contacted by several of my constituents about EDM 642.
I am enclosing some correspondence that I have received from one of my constituents, the contents of which I trust are self-explanatory.
I welcome your thoughts on this which I will be pleased to foruard to my constÍtuent. Please reply to the constituency office at the address above.
Yours sincerely
{\t,,,
Nick Clego MP
PLEASE ADDRESS CORRESPONDEÍ{CE TO'IT{E CONSTMJEilCY OFFICE Whjlst.Nlck Clegg MP will feat as confdôntial any p€rBonal ¡nforlnafon uñ¡ch you pass on, hê wlllrþrmally el¡ow staffand autñoris€dvolunteeßtoseeit¡fth¡sisns6dêdtohslpand¡dviseyou. theuÞmáypassônall orsomcófthisinformationto agencies such as tha ot^/P, the lnlând Rovonm or th6 local Com¿il ¡f this is neceeieiy to heþ with your cesô. Nbh Cþgg Mp may wlsh to.tYtiþ lo you ftoñ lime to lime lo ka€p you lnfo¡med on issues whictr you may fñd of inierest.-pþasa tet him knoñ-it you oo' nol wiEh lo bo conlâcled lor th¡s purposs
Page 4 of 34 Th. Rt Hon L¡¡m Fox ¡lP
Oep¡¡tmant lor lntemaüonal Ttade &4 King Cha¡|es Str€ot Whitehall Department for London lnternational Trade SWIA2AH
T +44 (0) 20 7215 5000 E oQouillssótrsde.osi.qov.uk The Rt Hon Nick Clegg MP W wtvt,n.gov.uk Riverdale House Ourref: MCSL2017/08359 89 Graham Road Your ref: Ma)0$1/502 Sheffield S10 3cP !)4"^*n 2017 ìrttûlì(
for r letter of '14 from your constituent, I about trade policy, in particular Bilateral lnvestment Treaties (BlTs) and Early Day Motion 642.
Ïhe Government is currently reviewing its trade policy as the UK prepares to leave the EU. This Department has been established to promote British trade across the world and ensure the UK takes advantage of the huge opportunities open to us. The UK is currently signatory to over g0 BlTs, which provide investors with fair and equitable treatment and protection against discriminatory action, whilst recognising the rights of governments to regulate in the public ínterest. There has never been a successful lnvestor- State Dispute Settlement claim brought against the UK, nor has the threat of potential claims affected the Government's legislative programme. These treaties do not prevent the governmenls involved from legislating with respect to sustainable development, climate change, or human rights.
Until we leave the EU we will remain subject to EU trade and investment agreements and policy, of which sustainable development and human rights are fundamental principles. This country has a strong history in protecting these principles and promoting our values globally. ln relation to investment agreements, we have supported moderniéed provisions designed by the EU, such as those included in the EU Canada Comprehensive Economic Trade Agreement (CETA), which are designed to further clarify the right of states to regulate and increase transparency in the dispute resolution mechanism.
Regarding parliamentary scrutiny, treaties that are subject to ratification are laid before Parliament for a period of 21 parliamentary sitting days. During this time, hon Members and Select Committees can scrutinise, ask questions, report, and ask for additional time. While the Constitutional Reform and Governance Act 2010 does not guarantee a debate, any request would be seriously considered. lf Parliament debated and resolved that Her Majesty's Government'shall not ratify', then the latter could not legally do so at that point. I hope this reply assists you in responding to
I
HON LIAM FOX I'fP Secretary of State, Department for lnternational Trade & President of the Board of Trade
Page 5 of 34 RT HON NICK CLEGG MP Shcffield Hallarn {,R lãCrH llV/ {l_}
? ? ltrit\t 2{}t*
HOUSE OF COMMONS LONDON S\vIA OAA
'l'hc Iìt IIon Lianr l:ox Ml) sccrccary olstatc fi¡r Inrcrnational 'lì'adc antl pr.csitlcnt of'thc lloalrl of'.li.adc Kins Charlcs Stt'cct Whitchall l,onrk¡n SWri\ *\lI
I l{l¡Nove¡nl:cr 2(¡l6
u L A I rvas sur'¡:riscd by the l.crnarks you rnadc to thc llouse of'C<_¡rnmon.s liru.o¡rcan Scrutiny Cornnrittee on 96th Octol¡e¡'retarding thc lirturc tladin.g lclationshi¡r benvccn thc Unitctl Kin¡;tlorn and thc l:ittro¡tcan Union. I arn conccrnctl thut you may havc inatlver.tently rnislctl Itarlia¡ncnt and the eottntt'Y, and so t anl rvriting to ask you tn r:lar.ify tllrse assertions.
;\t thc co¡rrt¡littcc heal'ing, in rcs¡ronse to a <¡ucstion alx¡ut the cx¡reriencc <¡f thc Cli'li\ fì.ec tra(le agrccrncnt l)etwec!ì thc t'ltJ antl Canatla, yeiu saicl thât llrit¿lin eould ncgotiatc a ficc traclc agreenrcnt with thc liuro¡rean Union, and that thc ratification process firr this agl'cclncnt rvotrlcl l¡c ratificd l-ry the Council of Ministers, rather than by national antl rcgional ¡rarliamcnt.s ¡¡cr'oss thc l.:U.
You said: "lt is in thc intc¡csts, r¡uiter clcally, lìrllorving this cx¡;cricnce fthc ratification of Cli'li\I, of' ¡ll conccrnctl, so as to lninit¡¡isc an.y sort of cconorrric, tratle an¡J political disrtr¡rtion, to cn.st¡re that is donc rvith the minirrral fsic] of lirss antl it is done rhrough that pMV prrreess by Council, ratho' than bcing ne.qotiatcd fìtrrr outsi¡.|c, as Cli'li\ rvas."
Yottt't'es¡xrnsc implics that IIer lvfa.icst.y's (ìovernlncn! rvill airn f<¡r a so-talletl'¡¡ixed iÌgrccll¡cnt' rvith thc l'lU "- that is, an aglecmcnt that cn!îagcs lnth l.lU ar¡d rnclnl¡cr state colr¡l)etcnccs. lVtixctl agreer¡¡cnts likc Cl'l"l'r\ arc, bccausc ot'this, t.aTifictl not .iust l)y thc l'lttt'o¡rcitn institutiotls, but also by thc ¡ralliarnents ol'thc r¡lcml¡cr statcs. Without thc conscnt of"cvcr'1' ¡nctnbcl'st.¡tc l)i¡t'l¡i¡tncnt, includin,r¡ tl¡c th¡cc lcgional l)ar¡iatncnfs of'llclgiunr, .such nl¡ ccnrl:n ts catìnot l¡e l'atifietl.
'l'he inrplication of'yottr rcnlarks is clcally that this l)roccss ncctl not bc li¡llorvcd l¡v lSritain. I¡stcatl, yotl .sccln to bc saying that a UK-l.lU fì'cc tradc :rgrcctncnt coulel be agrcctl only bv thc (i¡rrncil of'lvlinisters.'l'his n¡:¡rcars to bc in rlircct cor¡tladiction toyourg.or¡cl.nrncnt'.s own
Page 6 of 34 rvhich clearly Commanrt Paper on the ¡rrocess for rvithrhawing frum the European Union, statcs that "Incliviclual Member Statcs rati$ the final new agreetnent nationally if it is a mixed aÉi¡remcnt."
'l'hc l.Iouse ol'Cornmons Library alsc¡ confirmcd to me that this is thc case and otlrer sxperts agrec. 1'hc lnstitutc for Gove¡'nmcnt's assessmcnt is that any mixcd ûgrecmcnt will havc ttr lrc ado¡rted via thc ClÌ'li\ route.
In adclition, evcn in the unlikely evcnt that the ncgotiation of a new ccltn¡rrehcnsive lr¡ee "lì.atle i\greemcnt could l¡oth l¡c folcled into thc Articlc 5O ¡tt'occss and concluded rvithin trvo ycars, that does not cscapc the nced for national ratifìcatic¡n. 'l'he l\rticle 50 pl'occss only covers thc provisions governing thc extricatir:n of the UK from thc tiU. Any IrI'À negotiated rvoukl still opcrate on a $epäratc track - legally and constitut¡onally - ancl rvottld requit'e a diflcrcnt kind of' ratification.
'l'hc cvidcncc, inclucling that f¡'o¡n youl own govetnment, clearly contradicts the infirrmation you güve to the Comtnittcc on 26th Octobcr. I sus¡rcct your rcmarlts werc not intendcd to clelibelately mislead P¿rliamcnt but they could be inteqrretcd as having done so. I rvantcd to give you thc o¡>portunity to ctarily your remarks -either in ¡rerson in the l.Iotlse of'Commons, by rvriting to the Cornmittee, or by respclnding to this lctter. tl ( ¿.-n,t,
Nick Clegg MP il://- Member of Parliamcnt lirr Shcflield l-Iallam
Page 7 of 34 Tho Rt Hon Llam For llP
Oepafmsnt tor lntornetlonâl Tr¡dt K¡ng Charlðs Slr€et Whilehrll Department for London lnternational Trade SW1A 2AH
T +44 (0) 20 7215 5000 E 6nou¡[email protected] W www.qov.uk Mr Nick Clegg MP House of Commons Ourretr MCB20í6/32149 London SW1A OAA
Mor¡, 12( o"."rber 2otG
Thank you for your letter of 1'l November, concerning the EU-Canada Comprehensive Economic and Trade Agreement (CETA) and my appearance before the European Scrutiny Committee in relation to it. ln your letter, you highlight a particular response that I gave concerning a future UK-EU agreement, and suggest that I implied HMG will aim for a mixed agreement. I disagree with this interpretation, as I did not address in detail the possible content of the withdrawal agreement. No decisions have yet been taken on the extent of the agreement that the Government will pursue. I was referring to the process that would apply if the Article 50 withdrawal agreement was an EU-only agreement, This was meant as a technical observation, and was not intended as guidance for the Commission or other Member States, or as an indication of the Government's approach to Article 50 negotiations.
As the Prime Minister has saíd, we want a smooth and orderly exit from the EU, and how we achieve that will depend on the nature of the agreement we reach. Our focus now is on working closely with other Member States and our partners in the EU institutions, including the European Parliament, to negotiate a successful outcome and the best deal for the UK.
Uur'/)
THE RT HON LIAM FOX MP Secretary of State, Department for lnternational Trade & President of the Board of Trade
Page 8 of 34 Rrãc fiv 1T\
The Rt. Hon. Nick Glegg M.P. 1 r, f¡ûv ?û!"fi Sheffield Hallam Riverdale House, 89 Graham Road, Sheffleld S10 3GP Tel: 0'114 2309002 Email: nickclegg@sheffìeldhallam.org. uk
ïhe Rt Hon Liam Fox MP Secretary of State Department for lnternational Trade 1 Victoria Street LONDON SWl H OET
9 November 2016 Leg9002/506
Dear Liam
I have been contacted by a number of constituents regarding Bilateral lnvestment Treaties.
My constituents are concerned that such agreements may undermine our democracy
I welcome your thoughts on this which I will be pleased to forward to my constituent. Please reply to the constituency office at the address above.
Yours sin I Ai ¡;tl ì¡ ,'Ltr 1L'
Nick Cleoq MP
PS - I have recentlv moved office and my new address is: Riverdale House.89 Graham Road. Fulwood. Sheffield. Sl0 3GP
PLEASE AOORE9S CORRESPOI{OEI{C€ TO THÊ COI,ISTITUENCY OFFICE l4/hilst N¡ck Cls99 MP will tr€at as conÍdenlial any porsonal infomation which you pass on. he w¡ll normally alloìry stôff and aul¡o¡ised volunlêeß lo $ee il it th¡s ¡B noadod lo h€lp rnd adviso you. The MP may pass on all or some of this infomat¡on lo agancies such ss th6 DWP, lhe Inlâñd Revenue or lh€ local Counc¡l ¡f this is necsssary lo h€lp wlth your c¡so. Nick Cl€gg MP may wish lo wr¡te lo you from lime to time lo keep you informed on ¡s¡ues wñich you may f¡nd of inlerssl. Pleeso lot hlm tnow if you do
Page 9 of 34 Case Work
From: Sheflield Hallam Sent: 08 November 2016 10:40 To: Case Work Subject: Fw: Please call for a change to the UK's Bilateral lnvestment Treaties
#9744
Ðear Mr Clegg,
Following the UK vote to leave the EU, the UK has to reth¡nk its entire trade policy. Whilst formal negotíations on new trade arrangements cannot begin until the UK exits the EU, MPs cou;d take action right now on the UK's existing stock of more than 100 Bilateral lnvestment Treaties.
I understand UK Bilateral lnvestment Treaties undermine democratic decision making and are out of step w¡th UK commitments on climate change, sustainable development and human rights. L¡ke TTIP and CETA, these deals also include a parallel judicial system that allows compan¡es to sue governments at private international tribunals. Companies are not required to first use domestic courts and there is no equivalent system for communities.
The development of the UK's new policy provides a huge opportunity to ensure trade works for people and planet. As a first step, please sign up to EDM 642 calling on Liam Fox to undertake a fundamental rethink of the UK's approach to investment protect¡on with full parliamentary scrutiny.
Yours sincerely,
UK Parliament Disclaimer: This e-mail is confidential to the intended recipient. lf you have received it in error, please notify the sender and delete it from your system. Any unauthorised use, disclosure, or copying is not permitted. This e*mail has been checked for viruses, but no liability is accepted for any damage caused by any virus transmitted by this e-mail. This e-mail address is not secure, is not encrypted and should not be used for sensitive data.
!ii: :,. Zendesk
Page l0 of 34 Tho Lord Prlce CVO & Depafment for lnternational Trade King Chales Street Department for Whitehall London lnternational Trade SWIA 2AH
T +44 (0) 20 72'15 5000 E 9!súiss@!cds..ssi,s9v.uß W www.oov.uk Mr Nick Clegg MP Riverdale House Ourr€f: MCB2016/30955 89 Graham Road Your r€f: Legg00z506 Fulwood Sheffield s1 0 3GP
5 December2016
Dear Nick,
Thank you for your letter dated 9 November to the Secretary of State, enclosing an example of correspondence from a number of your constituents, about about trade policy, in particular Bilateral lnvestment Treaties (BlTs) and Early Day Motion 642. I am replying as this matter falls within my portfolio.
The UK is currently signatory to over 90 BlTs, which provide investors with fair and equitable treatment and protection against discriminatory action, whilst recognising the rights of Governments to regulate in the public interest. There has never been a successful lnvestor- State Dispute Settlement claim brought against the UK, nor has the threat of potential claims affected the Government's legislative programme. These treaties do not prevent the governments involved from legislating with respect to sustainable development, climate change, or human rights.
Until we leave the EU we will remain subject to EU trade and investment agreements and policy, of which sustainable development and human rights are fundamental principles. This country has a strong history in protecting these principles and promoting of our values globally ln relation to investment agreements, we have supported modernised provisions designed by the EU, such as those included in the EU Canada Comprehensive Economic Trade Agreement (CETA), which are designed to further clarify the right of states to regulate and increase transparency in the dispute resolution mechanism.
Regarding parlíamentary scrutiny, treaties that are subject to ratification are laid before Parliament for a period of 21 parliamentary sitting days. During this time, hon Members and Select Committees can scrutinise, ask questions, report, and ask for additional time. While the Constitutional Reform and Governance Act 2010 does not guarantee a debate, any request would be seriously considered. lf Parliament debated and resolved that Her Majesty's Government'shall not ratify', then the latter could not legally do so at that point.
Page ll of34 I hope this reply assists you in responding to your constituent
[.^*- 0,^
THE LORD PRICE CVO Minister of State at the Department for lnternational Trade
Page 12 oÍ 34 Tom Brake'MP t 020 8255 8155 LibenlDemocrat . ,' El [email protected] Carshalton and WallingÍog JB OUSE OF COMMONS www.tombrake.co.uk LONDON SlTIA OAA
The Rt Hon Michael Fallon MP Secretary of State for Defence Ministry of Defence Whitehall London SWIA2HB
My Ref: TB,81429fi9 J4 March 2017 èe--fr^c-9*-sP I would be grateful if you could respond to the following questions re the export of telecommunicatiorp systems and components
o What safeguards are in place to ensure that classified equipment in the categories 54001 and 54001j. and 5Ð002 used by UK Armed Forces, intelligence agencies and security services are not sold by private companies to foreign entities? . What information is taken into consideration when deciding whether to grant licences to sell cryptanalytic equipment to third parties (classified under 5D002.C.1 in the 42812009 EU Dual-Use regulation)? . Can the MOD give an explanation as to why cryptanalytic equipment was rejected for export to: Australia (1 6/07/2008) United Arab Emirates (16/07/2008) Egypt (29t03120111 lndia (1211212014)? . How is the potential for 54001 and 5A001j. and 5D002 equipment to be used by foreign entities in intercepting and gathering UK classified information determined? . Are there any special considerations regarding the export of equipment contained within Annex lV of the dual-use control list? . lf a British company is discovered to be selling a tool established as Criteria 5 risk to countries with whích the UK has not got an agreement for such a sale, what recourse does the government have to prevent or even roll back that sale?
www.tombrake.co.uk Tom Brake - Working Hard for Carshalton and Wallington Serving All the People - Allthe Year Round
Page 13 of 34 MP Tom Brake t 020 8255 8155 LlberalDemocrat ffi El [email protected], uk Carshalton and Wallingtap /û OUSE OF COMMONS un¡vw.tombrake.co.uk LONDON SVIA OAA
r Will the MOD provide a list of any companies the UK Government have taken action against in the last 5 years. to your response.
Tom Liberal Democrat, Carshalton and Wallíngton Spokesman for Foreign Affairs and Chief Whip
¡ur!@Chhd¡ål¡onüdyr¡Þ65bhl¡.h.udlE r¡¡y¡þr¡l¡dildl¡hqi5dw¡¡*6bsllü¡¡9Da.d.dþtþþúd .ór¡. fq¡. t¡ ñ.t pót o .l d m .l ttÉ i^lqndlon. úba oas€ld où!ûis. b ìdd6 q¡ó 6 dla ¡å6ùr pl|, HM Rffi6 .,td Cürlw q lhr lrad Cou¡rdl il túr È n6...t þ haþ $ûr tor @. fø BÊb n., $*t lo r'ú b ya ttûn lim to ttm b ¡éD ye hlbdFd on itffi öút tq, my lnd ol {lñrl. PL@ þt trim llm ll yot¡ do æl b b. ooñaå.Ld ld llú¡ 'J.¡ wDe.
Page 14 of 34 &* it8rk Gsrn¡êr ¡lP D;pattn.nl for lntern¡tional Trade Kiñg Chsrles Stæet Department for Whiteh¿ll London lnternational Trade SW1A2AH
T +¡14 (0) 20 7215 5000 Ë enoulrlasôbþ.oov.uk W www.oov.uk
Tom Brake MP Our ¡.f: MCB2o'7r,rl207 House of Commons London, SW1A OAA 26 Apn32O'17
\ €-at t dV,
Thank you for your letter of the 14 March 2017 addressed to the Secretary of State for Defence regarding the export of telecommunications systems and components. As the Minister responsible for export controf I am responding on his behalf.
You asked about r safeguards in place to ensure that classified equipment is not sold by private companies to foreign entities; ¡ information taken into consideration when deciding whether to grant licences to sell cryptanalytic equipment to third parties; . reasons why cryptanalytic equipment was refused for export to: o Australia (1610712008) o United Arab Emirates (16/07/2Q08) o Egypt (291ær2o11l o lndia (12t1212O14, r how the potential for equipment to be used by foreign entities in intercepting and gathering UK classified information is determined; . special considerations regarding the export of eqriipment contained within Annex lV of the dual-use control list; and r the Government's recourse, essentially if a British company is breaching export controls
All UK companies must obtain MOD Form 680 approval in order to release information or equipment classified OFFICIAL-SENSITIVE and above to foreign entities. MOD has set a mandatory requirement for the control of the release by industry of equipment or information with a classification of OFFICIAL-SENSITIVE or above, including in their marketing campaigns to foreign end-users. This is a separate process to the export licence applícation froceis.
All export licence apptications are considered on a case-by-case basis against the Consolidated EU and National arms export licensing Criteria, known as the Consolidated Criteria. We will draw on all avaílable information, including reports from NGOs and our overseas network.
Page l5 of 34 The Department for lnternational Trade (DlT) is the licensing authority for strategic gxpgrts trom thå UK. The FCO, Ministry of Defence (MOD) and the Department for lnternational óãvelopment (DFID) provide OIT wim advice and analysis of the relevantforeign, defence and internai¡onaldävelopment policy aspects. The departnrent also takes advice from other ããóã*ments and agenciesas required, including the National9$gt Securi$ Centre (NCSC). All advice and deciðions are taken in line with the Consolidated Criteria.
The applications detailed above were all refused under Criterion 5. ln addition, the Egypt åpófiäiió" *"" refused under Criteria 21 and 32. You mightwant to be aware that the most Ëåinf uersion of the Gonsolidated Criteria was published in March 2014, therefore the first tñree applications above were considered against an earlier version of the Criteria. At the time ihose dppt¡cations were submitted, Criterion 5 considered "The national security of the UK, or i"øø¡äà wñose extemal relations are the UK's rasponsiåility, and of allies, EU Member jf"t"" and otherfriendty countries as well as that of friendly and alliad countries". The lndia case was considered against the current version of the Consolidated Criteria, where Criierion S considers "The nationàl security of the IJK and tenitories whosa extemal relations are the UKb respons ibility, as wel! as that of friendly and allied countrief' - provides NCSC is the Governmenfs national technical authori$ for information security and advice on export licence applicâtions for goods involving sensitive, communications or computer teihnology, including the potential for the equipment to be used against the UK. itrá'Consol¡dated È[j and National Arms Export Licensing Criteria provide a thorough risk assessment framework which requires us to think hard about the impact of providing ãquipm"nt and its capabilities. We are obliged to carry out a thorough assessment of each ùåjrir" application on case-by-case basis and we will refuse licences where the exports would the O" ¡n Ot"àä¡ of these Criteria. Criterion 5 requires us to considet "the national security of Uk anA k¡nitories wf¡ose extemal relations are thø IJK's responsibilîty, as well as that of i¡"i¿ty and altied countried'. lf it was known that equipment being exported for an ultimate enO uée that is judged to contravene this or any of the consolidated criteria, the UK would refuse the exPorts'
Applications for equipment on Annex lV of the dual use control list are considered in the same licence wãV all other eipórt licence applications. The dual use regulations require an export for intra-community"s transfers of dual-use iþms listed in Annex lV.
Where a company rlras found to be exporting equipment in breach of export controls, it would be for HMRGio iñvestigate and decide on the appropriate course of action.
I hope this answers Your questions T"-,â f¡ù.^Â \ \*
I
GARNIER TIP Parliamentary Under Secretary of State
1 Criterion 2: The respect of human rights and fundamental freedoms in the country of final destination. , of tensions or C;iüü ã: The internal situation in [he country of f¡nel destinat¡on, as a function of the existence armed conflicts.
Page 16 of 34 Tom Brake MP t 020 8255 8155 Liberal Democral . E [email protected] Carshalton and WalliiAtog /û wr¡nu.tombrake.co.uk OUSE OF COMMONS LONDON S\TIA OAA
The Rt Hon Liam Fox MP Secretary of State for lntemational Trade and Pres¡dent of the Board of Trade Department for lntemational Trade rvlcÚ 22 Whitehall :!)'t¿ London SW1E 2EG i i: i,',ofl fû17
My Ref: T881429/TB 14 March 2017
LJ-"-"^
I would be gratefuf if yo, could respond to the following questions re the export of telecommunications systems and components
. What action can the Government take against subsidiaries of UK parent companies exporting dual-use goods from foreign teritories where there has been a clear refusal of a licence by the UK export control authority? ¡ Are companies seeking an export licence for 54001 and 54001j. and 5D002 asked to self-categorise theír goods for export? lf they are, what audit process is undertaken to verify the self-categorisation? . What is the UK's position on the Eurooean Commission proposal 2U6n295 (COD) for updated EU-wide regulation on the export of dual- use items? ln particular: . The'catch-all' controls on non-listed cyber-surveillance technologies where there is evidence that they may be misused? o Clearer definitions on what cyber-surveillance technologies are controlled through the use of an EU autonomous list? . Revised control criteria, explicitly providing for controls to prevent exports where there is a clear rísk of human rights violations and terrorism? o lf it is known that components of 54001 and 54001j equipment are being exported to UK-owned subsidiaries in foreign tenitories, where
www.tombrake.co.uk Tom Brake - Working Hard for Carshalton and Wallington Serving All the People - Allthe Year Round
Page 17 of 34 Tom Brake MP I 020 8255 8155 Liberal Democrat El [email protected] k Carshalton and WattínStog JÛ OUSE OF COMMONS www.tombrake.co.uk LONDON Slf TA OAA
they are being re-exported to countries where the use of the equipment has been established as a clear risk to human rights, what recourse would the government have for the prevention of those exports? Are there any past cases where such exports have been flagged or blocked? . Why do DIT not require guarantees of end use for mobile telecomm u nications lnterception eq uipment and lp Network Communlcations Surveillance equipment in the same way as they are required for traditional weaponry? I look fon¡rard to your responses.
si
Tom MP Liberal Democrat, Carshalton and Wallington Spokesman for Foreign Affairs and Chief Whíp
Wft¡tt Îm BtdG MP fill ürål æ Mfhêntd fiy pMl ¡rômslb¡ ttat }!u p6s to hln, tF *ll nmíy .iloú stâlf rd åd¡d¡sd rctuntffi to Ð it if lhb k @dcd to hsþ ¿nd ådyi$ yo.¡. tL m.y pæ û dl fr ffio of lhg lnbmt'úo, unl€58 Fqusbd oùwjs, lo ¡0ondæ sdl æ ttlê Johèe phs, HM Ramû, ånd C¡$too6 qttæ Læd Cilncllltñ¡s b b hólp you l!ryy wlù lruf æ. Tom Bñl@ nEy wiEh to fflt6 b tM f.m to l¡m b |(æp )eu ¡tb¡¡6d q ¡sø üìat lðu hay lnd., ¡nþGrt. ptoæ ¡et hln ¡¡¿r, It }!u do ¡ot r1¡rl !o b6 ûtttdÊd for úÈ ![¡rDo6.
Page 18 of 34 lll¡rk Gernirr ftlP
Dop¡rünånt for lnt¡rnåüonål TradG K¡rtg Ch¡rlêE Skest Department for Whitehall London lnternational Trade SW1A?AH
T +44 (0) 20 7215 5000 Ë rnoul¡iê[email protected] W tìnìrw.oov.uk
Tom Brake MP Out Êf ilC82017r07915 House of Commons London, SW1A OAA 23March20'17
\ C? t ¿\A
Thank you for your letter of 14 March 2017 addressed to the Secretary of State regarding the export of telecommunications systems and components. As the Minister responsible for export control lam responding on his behalf.
I have addressed each of your questions in tum:
What action can the Govemment take against suhsídiañes of UK parent companìes expoñÍng dual-use goods from foreígn tenítories where therc has been a clear refusal of a licence by the UK export conþol authority?
The control and licensing of exports from a third country is a matter for the govemment of that country. The refusal of an export licenc,e by the UK for the same goods to the same destination may be taken into account by that third country, particularly if it is a mernber st¡ate of the European Union or a member state of the Wassenaar arangement. The Wassenaar arrangement is the international regime where the controls on telecommunications systems and components are established.
Are companrbs seefríng an export iicence lor 5A(þ1 and úAü)lj and 5Dæ2 asf All companies applying for export licences can include their own categorisation of their goods on their export licence application form. The actual categorisation of the goods, for export licence purposes will be made by specialist technical assessment officers in the Export Control Joint Unit. Page l9 of 34 What Ís the llK's position on the European Commission proposal 2016/0295 (COD) for updated EU-wide regulation on the expott of dual-use items? ln particular: o The'catch-all' controls on non-listed cyher surveillance technologies where there ìs evidence thatthey may be misused? o Clearer definitíons on what cyber-surueillance technologies a¡c controllad through t{n'e use of an EU autonomous lÍsf? ¡ Reyised control criterÍa, explícìtly providing îor controls to prevent øxporis whe¡e there is a clear ñsk of human ñghß violatlons and terorísm? The Commission's proposal aims to recast Council Regulation (EC)42812009 which cunently provides the legislative framework of EU export controls on dual-use items (i.e, goods, including software and technology which can have both civil and military applications). The detailed proposalfollows an extensive review exercise and consultation period with stakeholders that commenced in 2011 and represents an attempt to modernise and strengthen controls covering the export of dual-use items and to take account of the changing environment and evolving threats from technological changes. The proposal would allow European Uníon controls to be added to the Regulation on cyber- surveillance technologies beyond those originating and agreed in the international export control reþimes (the current normal method for introducing controls into the Regulation). The UK will need to carefully balance its thinking on the extension of Commission powers in this way against our policy for addressing such human rights concerns related to this sector via proposals in the intemational export control regimes, particularly as the proposal is that the Commission would have the ability to update this list through delegated acts. ln the proposal, these new controls would be complemented by a targeted catch-all measure that enables the controlof non-listed goods in defined situations where there is evidence that they may be used for directing or implementing serious violations of human rights or international humanitarian law. An additional catch all controlwould be introduced that provides the means to control non-listed items which are intended for a terrorist end use. Ïhe UK is considering carefully the practical implementation of these proposals on the effective functioning of the UK's export licensing function. lf it ie known that componanfs of 5A001 and 5Aü)1j equipment are bøing exported to llK-owned subsidiarÍes în loreign terrltorles, where they are being r*exported to countr¡es where fåe ¿se of the equÍpment has öeen established as a clear ¡isk to human rights, what recourse would the Government have for the prcvent¡on of those exporß? Are the¡e any past cases where such exporß have been flagged or blocked? The Consolidated EU and National Arms Export Licensing Criteila provide a thorough risk assessment framework which requires us to think hard about the impact of providing equipment and its capabilities. We are obliged to carry out a thorough assessment of each licence application on case-by-case basis and we will refuse licences where the exports would be in breach of these Criteria. Although the UK does not have any re-export controls and would not be able to prevent components of 54001 and 5A001.j equipment being re-exported from a third country, criteria 7d of the Consolidated Criteria requires us to cr¡nsider "fhe rísk of re-export to undesinble destinations and, as appropriate, the recotd of the recipient country in rcspecting re-expoft provisions or consent prior to re-expott'. Page 20 of 34 lf it was known that components of 54001 and 54001.j were being exported for an ultimate end use that is judged to contravene this or any of the consolidated criteria, the UK would refuse the exports. Why do DlÍ not requíre guarantees of ¿nd use for mobile telecommunicaCions interception equîpment and lP network communícatlons surueillance equípment in the same way as they are rcquîrcd far traditíonal weaponry? It is usual practice for Government to require all export licence applications to be supported with end user assurances. This includes alldual use mobile telecommunications interception equipment and lP network communications surveillance equipment. I hope this answers your questions. You might find it useful to know that we publish official statistics every quarter that provide details of export licences issued and refused and to which destination. These can be found at httos:/fu¡ww.oov.uklqovemmenUcollections/strateoic- export-controls-licensinq-data. t/rr S u iIARK GARNIER i'P Parliamentary Under Secretary of State Page 21 oÍ 34 Tom Brake MP I 020 8255 8155 Libenl Democrat E [email protected] Çarshalton and Wallingtog OUSE OF COMMONS € www.tombrake.co.uk LONDON SWIA OAA The Rt Hon Liam Fox MP Secretary of State for lnternational Trade and President of the Board of Trade Department for lntemational Trade King Charles Street Whitehall ,A h" London t.,. !, iì ¡i- ¡!,. \VË SWIA 2AH i, i'¿ JÅt,¡ ?iji:' My Ref: T887080/C(A 14 December 2017 \"o.- Li q^^ I am writing to you following your answer to my question in lnternational Trade Oral Questions on 23rd November 2017. You will recall that I asked you if you raised the case of Andy Tsege with ófficials during your recent visit to Ethiopia. I specifically asked if you had raised the potential visit for Andy's family to see Andy, something which had been promised previously by the Foreign Secretary following his last visit to Ethiopia. Below is the text from Hansard outlining my questíon and your response: 6. whether he received a briefing on human rights in Ethiopia from the Foreign and Commonweafth Otfice before his recent visit to that country. [902506] The Secretary of State for lntemationál Trade and President of the Board of Trade (Dr Liam Fox): The'Foreign and Commonwealth Offce is responsrb/e for paticy on human rights across the whole of Government. The UK has a strong history of protecting human rights and promoting our values globally, We will continue to encourage a// sfafes to uphold intemational human rights ohligations, including when we meetthem both in the UK and on overseas yisl'fs. Tom Brake: I thank the Secretary of Sfafe for that answer. I am going to put to the test the statement he made a few seeands ago-that the IJK always pramotes human rights in trade talks. Did he æ,íse the case of Andy rsege, and the prison visit that the IJK Government have pramised, with his Ethiopian counterpafts? What progress is óeing made on releasing him? Dr Fox: ln my otricìal meetíng with the Ethiopian Prime Minister, we drscussed the need for unrrw.tombrake.co.uk Tom Brake - Working Hard for Carshalton and Wallington Serving All the Peopte - Altthe Year Round Page 22 of 34 Tom Brake MP t 020 8255 8155 LiberalDemocrat El [email protected]. uk Carshalton and Wallington 't www.tombrake.co.uk long-term political and ee,onomìc stability, as well as the political space. We did, indeed, raise the consular case mentioned by the right hon. Gentleman in prívate and with our ambassador. I hope that we will see fhe resu/fs of that interaction soon. Link to Hansard: https:i/hansard.parliament.uk/Commonsl2917-11-23/debates/FA9A9CC& 679E-43p1-9788-C87ADDF907DE/Eth¡opiaHumanRightsfÉcontribution-7AC0FFF8-4529-41 E9.9FB3-704749748419 I am disappointed that in your response to my questiqn, you failed to state whether you had raised Andy's case. lnstead in your response you implied that you had not done so, and instead the case had only been raised by officials, given your use of the word 'we' rather than 'l'. I would be grateful if you could clariff if this is the case and if you personally did not dlscuss Andy Tsege's case. Furthermore, I asked whether there had been any progress on securing the release of Andy Tsege. You failed to provide a response to this question and I am therefore also writing to ask you to provide a more comprehensive answer to my concems. Thank you in advance for your assistance. Tom Brake LiberalDemocrat MP Carshalton and Wallington Lib Dem Spokesman for Exiting the European Union and lnternationalTrade and First Secretary of State 18 hoþ Whht Tom gFko MP will tßÊt a¡ cflfdorlirl Ít pâmnd lnbml¡on thrt tq, prd b hiñ, he sll .m.åy dM lbf â¡d .ulhotiæd votuntæ b *â ¡l lf thi¡ ¡6rd0d to tld dvas you, He mny p5!s 6 ¡lt or of tho lnbm¡tbñ, unþæ .gq¡glt€d olhgtN¡so, to sgonds ôucn s [Þ Job@nte Plos, ¡lM Remvo â¡d Cwbnr ü lñÊ L@l concll it ¡H! hlm do ¡s n@&sry þ hol¡ $th yûr c@.'m fm Br6ke dy Ílsh to Mto lo yoù fm üm to ll@ lo t¡¡p yau htorñGd ff irM! lhat yw måy lhd ot ¡lf€Frt. Pþå¡ê þl kw í leu mt wllh b b. øñtæbd ld [it¡ pupoÞ. Page 23 of 34 The Rt Hon Dr Llârn For MP Secr€tary of State lor lnternationel Tradê Depertment for lntematlonel lrade ffi* K¡ng Charles strêet Whitehâll Department for London lnternational Trade SWlA2AH T +44 (0) 2û 7215 5000 E €nouiries(Atlade,qs¡.oov.uk Tom Brake MP W wùw.oov,uUdit House of Commons Ourref: MCB2018/00014 London SWIA 0AA Your ref: T887080/C{A uary 2018 o[, 30q"" flrank you for your letter of 14th December, regarding the case of Brítish national, Mr Andargachew Tsege, currently detained in Ethiopia. You asked me to clarify whether I raised Mr Tsege's case during my recent visit to Ethiopia. As my meeting with the Prime Minister was in front õf aÁ accompanying business delegation, our Ambassador and I took the Prime Minister aside privately aithe end and together lobbied him on some urgent but private matters. One of these was the case of Mr Tsege and specifically the commitment Prime Minister Hailemariam made to the Foreign secretary that Mr Tsege's partner would be able to visit him. ln response to your wider question, I can assure you that the British Government continues to take Mr Tsege's case very seriously. Most recently, the Foreign Secretary raised Mr Tsege's case with the Ethiopian Prime Minister and Foreign Ministei while at the AU-EU Summit in November. Our Ambassador continues to raise [he case at the highest levels in the Ethiopian government; they are in no doubt of UK concern over Mr Tsegð and his welfare. We welcomed the 3d January announoement by the Ethiopian Prime Minister on reforms !o open up political space. We are in close contact with the Ethiopian authorities to seek further clarity on whether there might be any implications for British nationals imprisoned in Ethiqpia, including Andargachew Tsege. The Foreign Secretary has been in direct contact with Foreign Minister Workneh to that end. Our Ambassador last visited Mr Tsege on 8th December to check on his welfare, discuss his legal access and pass on messages from his family. We are in close contact with Mr Tsege's family members and we continue to keep our approach to this case under review, I am copying this letter to the Foreign Secretary. 6\^¡o THE RT HON DR LIAM FOTMP Secretary of State, Department for lnternational Trade & President of the Board of Trade Page 24 of 34 Tom Brake MP I 020 8255 8155 LiberalDemocrat E [email protected] Ca rshalton and Wa I I i n gto n € www.tombrake.co.uk HOUSE OF COMMONS IR LONDON S\tf IA OAA \"t|j ll I 3 üti 20t7 The Rt Hon Liam Fox MP Secretary of State for lnternational Trade and President of the Board of Department for I nternational Trade 22 Whitehall London SWIE 2EG My Ref: T885745/lA 2 September 2017 G-- Uo"^ Several const¡tuents have contacted me regarding the scrutiny of trade deals. Please see the below email. "l'm writing to thank you for signing EDM 128 on parliamentary scrutiny of trade deals. I'm heartened that you recognise how important it is that the process of starting, negotiating, signing and.ratifying trade deals is done in the most transparent and democratic way possible, with scrutiny by elected members of parliament. As the UK government prepares to bring fonnrard its white paper on trade this month, I'm also writing to you to ask you to write to the trade secretary about this matter. Please could raise concems with the trade secretary about the lack of parliamentary scrutiny and accountability of trade deals and ask him to ensure: - the right of Parliament to set a thorough mandate to govern each trade negotiation, with a remit for the devolved administrations - the right of the public to be consulted as part of setting that mandate - a presumption of full transparency in negotiations - the right of Parliament to amend and to reject trade deals, with full www.tombrake.co.uk Tom Brake - Working Hard for Carshalton and Wallington Serving All the People - Allthe Year Round Page 25 of 34 Tom Brake MP t 020 8255 8155 Liberal Democrat El [email protected]. uk Carshalton and Wallington "t www.tombrake.co.uk debates and scrutiny guaranteed and a remit for the devolved administrations - the right of Parliament to review trade deals and withdraw from them in a timely manner I look forward to hearing your response." I would be grateful if you could provide a response so I may inform my constituents. Thank you in advance for your assistance. Tom Brake Liberal Democrat MP Carshalton and Wallington Lib Dem Spokesman for Exiting the European Union and lnternationalTrade and First Secretary of State t4rhiflt Tm Br¡ko Mp vill tÞat aÉ mÍdont¡d sny pffil i.fdm¡tbn thðt yru pa3s lo htn, l€ wil mrn€lt 6110l| ltalt end illhorÈôd wlurttêo6 to s lt ll lhb it rìledqd ta tl€lp End advis yw Ho m¿!, p€6s on sll ü æm9 d tho lnlmdtlm, rl6s tlqÆt€d othwiF, to aqm¡at {.rl år lhe Jobc¡¡lß Pþ3, HM RffiE åñd Cu8tffi d tlÞ L€l Coeil f tñi8 you lel it yd do ls næúErv to holp iith t'ou. @6. Tffi 8råke nsy vþh þ wit€ to yo! fom lire to tlmo lo kæp you lrÍomod d bsar thst mty tud d hb.€|. Pl66 t!'n kw rct vish to ba qbobd for th¡8 purpoþ. Correspondence address: Tom Brake, Kennedy House; 5 Nightingale.Road, Carshalton SMs 2DN Page 26 of 34 ü* Rt Hon Greg Hånd8 MP Iþpartmeflt for lniemetlonal Trede King Charlês Slrðet Department for Whitehâll London lnternational Trade SWIA zAH T +44 (0) 20 7215 5000 E enou¡riñdDtøde.o3l.oov.ük W wwwoov.uk Tom Brake MP House of Commons Our raf: HCSL2017 119011 Your rGf;T885745114 London SW,IA OAA \+ October 2017 1\ Thank you for your letter of 27 September to the Rt Hon Liam Fox MP, quoting an example of correspondence received from several of your constituents, about the parliamentary scrutiny of future UK trade agreements. I am responding as this falls within my ministerial portfolio. The Government is aware of Early Day Motion 128 and agrees that Parliament has a vital role to play in the scrutiny of trade agreements. Let me deal wíth this in two parts: first, existing EU agreements whilst we are members of the EU; second, our future arrangements once the UK is out of the EU- The Government has clearly stated that untilwe leave the EU, the UK retains all the rights and obligations of EU membership. The right of both the Houses of Commons and Lords to scrutinise proposed EU legislation and agreements, including in trade matters, remains unchanged. As a result, the Department for lnternational Trade (DlT) engages closely with Parfiament on EU trade policy. This is achieved through the ongoing work of the House of Lords European Union Committee and the House of Commons European Scrutiny Committee which scrutinise all EU matlers, Parliament has an imporlant role to play in the scrutiny of EU trade agreements at the different stages of agreeing and implementing these agreements. The Government provides proactive updates on the progress of EU trade negotiations, as well as ensuring that the scrutiny process is followed appropriately ahead of signature and provisional application of agreements, and with other public documents relating to negotiations. ln the case of "mixed" agreements (those that cover areas falling under shared or Member State competence ín addition to EU competence), Parliament also has an important part to play at the ratification stage. Under Section 20 of the Constitutional Reform and Governance Act 2010 (CRaG), the Treaty is published as a Command Paper and laid before both Houses for 21 sitting days. According to the negative procedure MPs and Select Committees have the chance to scrutinise the treaty provisions, ask questions and potentially report. EU scrutiny also continues in respect of EU legislative amendment proposals and annual or specific reports. Page 27 of 34 Looking forward, the Government wants to build a truly Global Britain that is one of the firmest advocates for free trade anywhere in the world. Our departure from the European Union offers us an opportunity to forge a new role for ourselves in the world; able to negotiate our own trade arrangements. DIT has consulted widely, with a range of stakeholders, since the EU Referendum and will continue to do so. We are determined to secure the best possible trading opportunities for the UK. Any trade deal must be right for UK consumers, producers (including agriculture) and businesses. lt must also uphold high levels of labour, health, animalwelfare and environrnental standards. Your constituents will be interested to read the Government's White Paper "Preparing for our future UK trade policy", which sets out the principles that will guide future UK trade policy as well as laying out the practical steps that will support those aims. ïhe White Paper is published on the Gov.uk website: https://www.qov.uUoovernmenlpublications/preparing-for- ou r-f utu re-u k-trade-Lol icy. As outl¡ned in this Trade White Paper, the Government remains commifted to a transparent, fair, anÇ. rules-based approach to international trade and we are inviting views on the UK's approach to its future trade policy, including future trade agreements. Parliament, the devolved administrations, the devolved legislatures,'localgovernment, business, trade unions, civil society, and the public from every part of the UK, will therefore have further opportunity to engage with and contribute to our trade policy. After March 2019, the Govemment will ensure that Parliament has an appropriate role to play in the scrutiny of new UK trade treaties, as Parliament always has, I hope that this is helpful when replying to your constituents. RT HON GREG HANDS MP Minister of State for Trade Policy and Minister for London Department for lnternational Trade Page 28 of 34 Tom Brake MP I ozo B25s B15s Liberal Democrat E [email protected] Carshalton and Wallingto\ JB www.tombrake.co.uk OUSE OF COMMONS LONDON SIùíTA OÀA The Rt Hon Liam Fox MP Secretary of State for lnternational Trade and President of the Board of Trade Department for lnternational Trade 22 Whitehall D) London SWlE 2EG 3 I j\t'fi ?{}'7 My Ref: T885050/lA August 2017 ðV.,^.Q2 \-."^ llm writing to you regarding trade to Japan. Can you provide evidence and explain your reasoning for your.department's belief that a huge economy like Japan want the same lerms with the U.K. as they have just secured with the whole of the European Union. What assessment had your department, and previously UK Trade and lnvestment, made regarding the benefits to the UK economy and UK trade which would have been secured with the UK a member of the EU in 2019 when the EU-Japan Economic Partnership Agreement and Free Trade Agreement comes into place. Does your department expect trade wíth Japan to increase or decrease if the UK leaves the EU Customs Union and Single Market? Please provide the latest annual and quarterly figures for the value (in ts) of UK exports to Japan. Thank you in advance for your assistance Tom Liberal Democrat MP Carshalton and Wallington Lib Dem Spokesman for Exiting the European Union and lnternationalTrade and First Secretary of State Whllst lom årakê Mp will feât âê conlidånlial âny parMâl ¡¡lomalion ìhal you las ìo hi6, hê willôomâl¡y ellow sleff eôd aulbdsEd vofuntèêß ¡o r€o û lf tbis ls nêedôd lo há19 ãnd adv¡s€ you, Hs msy 9ås6 on åll ot soño ol lhe lnformallon, unl€ss r€qrEeisd o{her¡so, to ðqenc¡ôr srch âs thg Jobcon{ro Plus, HM Revenue ånd Cuslotrrs o. ihe Loel Cencil itlh;E ¡s næssory lo hotp w¡th youa câsê" 10ñ Erake msy wish lo wrilolo yôu frd liñê lo tire lo kêep }o! infonÞd on ¡ssuêÉ lhãl yq¡ hay fñd ôf ¡nlsroú. Plôâgé l9l hm kmw ¡ayor do mlwi8hio b€ @ñtsclod loalhls ntposo, www.tombrake.co.uk Tom Brake - Working Hard for Carshalton and Wallington Serving All the People - All the Year Round Page 29 of 34 ffi* Rt Hon Greg Hands ¡lP Doparùïênt lor lntornat¡oral T,-ade Kìng Charles Street Department for whilehall London lnternational Trade swtA2AH 1 +44 (0) 20 7215 5000 E enouilles(AtÉde.og¡.oov.ík W www.cov.uk Tom Brake MP House of Commons Our ruf: i/EB20l7ñ8071 London Your rcf: T885050/tA SWIA OAA ?)Å September 2017 D --r"^ Thank you for your letter of 22 August to the Rt Hon Liam Fox MP, regarding trade with Japan. I am responding as the Minister responsible for Trade Policy and I would like to address each of the issues you raise in turn. ln relation to your request for evidence that Japan wants the same trading terms with the UK as they have with the EU, the Government's view is that the uK and Japan are global champións of free trade. The Prime Ministers of both countries have affirmed that it is more important now lhan ever, that we work together to promote rules-based free and fair trade, for the benefit of the people and economies of both countries and in support of global prosperity. On 31 August the Prime Minister and Prime Minister Abe set forth a new framework of co- operation on Prosperity, and agreed that we will work quickly to establish a new economic partnership between Japan and the UK, based on the final terms of the EU-Japan Economic Partnership Agreement. The UK-Japan bilateral trade and investment relationship is strong, and we are committed to strengthening it further as we leave the EU. Japanese companies already invest more than f40 billion in the UK. Around 1000 Japanese companies, including Honda, Hitachiand Mitsubishi, employ 140,000 people in the UK. Japan is an important export destination for UK companies. Aston Martin, for example, have recently announced that they are investing 8500 million in Japan and the UK, to boost the production and sales for the Japanese market. To answer your question of what assessment had been made regarding the benefits which would have been secured with the UK, a member of the EU, when the EU-Japan Economib Partnership Agreement and Free Trade Agreements come into place, the EU Commission completed an impact assessment in 2012. This calculated the likely benefits to trade and is a publicly accessible document on the Commission's website at http://trade.ec.eurooa.eu/doclib/docs/2012liulv/tradoc 149809.pdf. Negotiations on the EU- Japan EPA are still ongoing and we will continue to champion the early signature and entry into force of the agreement. Page 30 of 34 Turning to your point about whether trade with Japan will increase or decrease, the Government will work together with Japan, through our Trade and lnvestment Working Group, to enhance further our trade and investment relationship, improve market access and champion global free trade through multilateral forums. Finally, in relation to your request for figures, data from the ONS sho$/s that UK exports in goods ånd services to Japan amounted to Ê11.6 billion in 2016. ONS data from the first quarter ol2O17 shows that UK exports in goods and services to Japan amounted to 83.2 billion. This data can be found at httos:/fuiww.ons.oov.uUeconomy/nationalaccountsluksectoraccounts/datasets/unitedkinodome conom icaccountsbalanceofpaymentscurrentaccount. I hope this reply is helpful to you. ¡ RT HON GREG HANDS MP Minister of State for Trade Policy and Minister for London Page 3l of34 MP Tom Brake I 020 8255 8155 LiberalÐemocrat El [email protected] Carshalton and Wallington /û www.tombrake.co.uk HOUSE OF COMMONS LONDON STI/IA OAÀ The Rt Hon Liam Fox MP Secrelary of State for lnternational Trade and President of the Board of Trade Department for lntemational Trade 22 Whitehall E London SWIE 2EG 2 2 ¡\Ut ZslT My Ref: TB84773llA 16 August 2017 (-"\-^ Several constituents have contacted me regarding trade deals with develpoing nations. Please see the attached postcard. I would be grateful íf you could provide a response so I may inform my constituents. Thank you on advance for your assistance. sincerely Tom ke LiberalDemocrat MP Carshalton and Wallington Lib Dem Spokesman for Exiting the European Union and lnternational Trade and First Secretary of State Whllg Tom Brák€ MP will Èq¡l a¡ øfidonüd .try p€@¡d hfomùd lhd yoú psss b Hm. hc wi¡ mmly dlow sl úd .dMs.d vo¡u.i..E b æ n tl rhb b noodod io h.Þ .nd ådvfs yru. llo m¡y pass on al d æ of Ú|s ¡nfmadd. unlß þqúÁ¡6d oûEmiþ, b .gondæ sudr a! lha Jobciltrg Plw. HM ÂsveM ¡¡d CGtoß r lh€ L@l Co!ñc¡ il fis is [email protected] to hdp nlú lßur øre. Tm Brako my el¡h to wdte to yo! frm llrñs lo lim !,t koop you inltrmd m iÉ!!! lhrt yd o.y lind of krto@t É'loÈê t€t hk¡ tñq It yd do ¡ol*bh to ba mtsd tor tl¡¡a rums. Correspondence address: Tom Brake, Kennedy House, 5 Night¡ngals Road, Carshalton SMs 2DN www.tombrake.co.uk Tom Brake - Working Hard for Carshalton and Wallington Serving All the People - All the Year Round Page 32 of 34 Dear ilt¿ {ory\ ßrUh¿ê MP peopleintheworld'spoorestcountriesrelyon *':r,,,.-,¡r. -,.::.;,,i.,;. M¡llionsof :1 ,: tradewiththêUK.Andwerelyonthemtohelpputfoodon,,,,.. ;..,, .. our tables and måkê th¡ngs we lovê for ôur homes. '. : ': \ For them, Brex¡t could meân big chênges. tt could create ' '':]. :-' .\"": t tougher trading conditions and undermine protections alreådy,,., ... " " r : in place. Or it could be the moment when the UK stðrts trad¡nq ln a wây that benefits everyonê, lncluding thê goorest. Please will you write to the lnternatíonal lrade Secretary ånd ask him to outline his plans to make ¡ure thrt the Ul(,¡ new lradc approach works fo¡ thG world's poorort pcoplc. This matters to me because: (q,I.{ /v1r4 ßt1 P Piease add a personåt message to your Mp here House of Commons London SW1A OAA (ìrrl You can find out rnore here: www.tra¡dcrålt.co.uft/mÞbrleflng 119 Yours z1 , !of o!Í Postcode: Page 33 of 34 Íns nt H¿o Lldn Fsr MF t€FnirÞfdlt tor hitmåtlend Trådå # 4E ¡',xü'ã 51'å* '¡"i&1¡8¡, Departrnent far !ltl'jcfll gf{'¡A l*ternational îrade 3Àr T ii¡¡¡ {8i ¡0 ?215 59tr E ss.gE@!1E&I4! TomBrake MP Itf l|*rnf,i.û KennedyHouse (Irfsl: trlcsl$1?,{?E1l 5 Nightingale Road Y{XT'CÍ: TE8'JTI4A Carshalton 5M5 zDN 29 August2017 DearTom, Thank you for yourletter of 16dugust, enclosing an example of correspondence you have received from a numÞer of your constituents, on ensurinE that the UK's new trade approach works for the world's poorest pesple. The Prime Minister has set out our guiding pr¡nciples as we leãve the EU, which include a commitment to building ã more Global Britain: a great, global, trading nation, a firm advocate for free trade and a nation that continues to lakes its responsibilities as an international leader seriously. I am keenly aware of the v¡tal roleträde can play in raising incomes globally, creating jobs and helping people liftthernselves out of poverty, and I f ully support the view that UK trade polisy shoulrl work for the world's poorest people. That is why on 25 June the UK announced that as we leave the EU, we will secure duty-free access for the world's poorest to UK markets- This meâns that around 48 countries across the globe, from Bangladesh to Sierra Leone, Haiti anrl Ethiopia will continue to benefit from duty-free exports intothe UK 0n all goods other than arms and ammunition. We alss aimto maintain current ãccess to the UK for other developing countries such as Jâmaicã, Pakistan and Ghena- Once we have left, we will be able to build on our track-record as a champion of trade and development,strengtheningourexistingsupportandseizingnewopportunitiesto increase trade links. The UK is already a significant trader with developing countries: we wantto build on this, growing trade to reduce poverty and promote stability. The Departments for lnternaticnal Trade ând lnternãtionãl Development continue to work closely together on the UK's future trade policy with developing countries. I hope this reply assists you in responding to your constituents. THE RT HOII FOX HP S ecretary of Slate, D epa rtment f o r I ntern ation al Tra de & President sf the Board of Trade Page 34 of 34