TNAG-0929-FCO40-1147-Protection-of-Trading-Interests-Bill-extension-to-Dependent--1980 — Page 44

(iii)

Press Notice issued by the Department of Trade on 31 October 1979

and on receiving Royal Assent.

Bill

4.

You should note that certain of the provisions of the xxxx were amended in

the House of Lords so that in points of detail the Notes on Clauses depart from the pro-

visions of the Act as finally passed, but there are no major differences of policy or

Notes on Clauses, which provide useful procedure between the Act and theorielxxxxxsending xyoxx background.

5.

Since you may wish to consider whether the new Act should be applied in your ter-

ritory some aspects of the Bill are highlighted as follows:

Section 1. This allows the Secretary of State for Trade to prohibit compli-

ance with measures taken by, or under the laws of, overseas countries which

have extraterritorial effect and are or would be damaging to the trading

interests of the United Kingdom.

provision

This/dence is based on Section 1 of the

1964 Act but instead of applying just to shipping it extends to all trading

interests.

Section 2. This strengthens Section 2 of the 1964 Act, which allowed the

Secretary of State for Trade to prohibit compliance with a request from a

foreign Court, tribunal or authority for the production of commercial docu-

ments or information in the UK. For the 1964 Act to be used, two tests had to

demand be applied: the documents had to be in the UK and the xxx by a foreign authority etc had to infringe the jurisdiction/the UK. Under the XXXX

person addressed or the Act, the territorial test (ie that the documents are in the UK) will usually

be enough to allow the Secretary of State to block their production, although

there are certain limitations on the blocking power which are defined in the

additional

1980

Act. This Section therefore provides otra protection for all UK companies

facing litigation or investigation by authorities or courts of overseas

countries.