PROTECTION OF TRADING INTERESTS BILL
Summary of Clauses
This Bill provides protection for persons in the United Kingdom
from certain measures taken under the laws of overseas countries
when those measures apply to things done outside such countries and their effect would be to damage the trading interests of the United Kingdom, or would be otherwise prejudicial to the sovereignty or security of the United Kingdom. The Bill also provides for the non. enforcement of certain foreign judgements and enables recovery to be made of foreign awards of multiple damages. The Bill repeals the Shipping Contracts and Commercial Documents Act 1964.
CLAUSE 1 provides a number of means by which the Secretary of State may counter measures which are taken or proposed to be taken by or under the law of overseas countries for regulating or controlling international trade, and which are or would be damaging to the trading interests of the United Kingdom. First, he may make orders specifying the measures concerned. Second, he may make further orders requiring persons in the United Kingdom who carry on business there to notify him of any requirements or prohibitions imposed or threatened to be imposed on them under such measures. Third, he may prohibit compliance with such measures. International trade is defined to include carriage by sea or air.
CLAUSE 2 provides that where a person in the United Kingdom has been or may be required to produce to a court, tribunal or authority of an overseas country commercial documents outside that country or information to be compiled from them, the Secretary of State may give directions prohibiting compliance with that requirement.
The Clause specifies the circumstances in which a direction may be given, which are broadly comparable to the circumstances in which a United Kingdom court would refuse a request made by an overseas court for evidence under the Evidence (Proceedings in other Jurisdictions) Act 1975.