Trade: application of information powers in CEMAU.K.
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Memorandwm Esboniadol
61.—(1) Section 77A of CEMA applies in relation to a person carrying on a relevant activity as it applies in relation to a person concerned in the importation or exportation of goods but as if—
(a)in subsection (1), the reference to a person concerned in the importation or exportation of goods for which for that purpose an entry is required by regulation 5 of the Customs Controls on Importation of Goods Regulations 1991 or an entry or specification is required by or under CEMA were to a person carrying on a relevant activity;
(b)any other reference to importation or exportation were to a relevant activity;
(c)any reference to goods were to the goods, technology, services or funds to which the relevant activity relates.
(2) For the purposes of paragraph (1), a “relevant activity” means an activity—
(a)which would, unless done under the authority of a trade licence, constitute a contravention of any prohibition in—
(i)Chapter 1 or 2 of Part 5 (Trade) except the prohibitions in regulations 23 and 24 (exports and imports), or
(ii)regulation 35 (transporting etc. Libyan oil in relation to UN designated ships) or 37 (bunkering or ship supply services), or
(b)which would constitute a contravention of a prohibition in regulation 33 and 39(1) (circumventing etc. prohibitions).
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