Application of information powers in CEMA
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Memorandwm Esboniadol
19.—(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 other 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 which would, unless done under the authority of a trade licence, constitute a contravention of—
(a)any prohibition in Chapter 2 of Part 2 (Trade) except the prohibition in regulation 7(1) (export of military goods), or
(b)the prohibition in regulation 14 (circumventing etc. prohibitions).