Member

1: After Clause 3, insert the following new Clause— “Prevention of avoidance by offshoring of activities(1) This section applies where—(a) a United Kingdom person (“P”) arranges for relevant research and development or commercialisation involving marine genetic resources of areas beyond national jurisdiction, or digital sequence information on such resources, to be carried out wholly or partly outside the United Kingdom, and(b) the effect, or likely effect, of the arrangement is that utilisation which would otherwise fall within section 3(1) does not do so.(2) Where this section applies, the utilisation is to be treated, for the purposes of this Part, as if it were a utilisation project to which section 3 applies and were carried out in the United Kingdom by P.(3) The Secretary of State may by regulations make further provision—(a) requiring United Kingdom persons to take reasonable steps to ensure that arrangements with non-United Kingdom persons for the collection or utilisation of marine genetic resources of areas beyond national jurisdiction, or digital sequence information on such resources, are not entered into for the purpose of avoiding, or frustrating the operation of, this Part;(b) requiring United Kingdom persons to keep, and to provide to the Secretary of State on request, such records and information as may be prescribed about such arrangements;(c) for the application, with or without modifications, of enforcement provisions made under section 9 to failures to comply with regulations under this section.(4) In this section, “United Kingdom person” and “relevant research and development” have the meanings given by section 20.(5) Regulations under this section are subject to the negative resolution procedure.” Member’s explanatory statement This new clause is intended to prevent UK companies and other UK persons from avoiding the information-sharing and benefit-sharing obligations in Part 2 of the Act by offshoring marine genetic resource research and development or commercialisation to non-Parties to the BBNJ Agreement.