Offences relating to prohibitions and restrictions in the [retained dual-use Regulation] U.K.
This section has no associated Explanatory Memorandum
35.—(1) Subject to paragraph (8), a person who contravenes a prohibition or restriction in Article 3(1) (controls on listed goods), 4(2) (military end-use control), 4(3) (end-use control relating to use in items exported or transferred without authorisation) ... of the [retained dual-use Regulation] commits an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(2) A person who—
(a)contravenes a prohibition or restriction in Article 4(1) (WMD purposes end-use control) [or Article 5(1) (brokering services)] of the [retained dual-use Regulation]; or
(b)fails to comply with the requirement in Article 4(4) (requirement to notify [the Secretary of State] in the case of awareness of end-use for [certain military or] WMD purposes) of the [retained dual-use Regulation]
commits an offence and may be arrested.
(3) A person guilty of an offence under paragraph (2) shall be liable—
[(a)on summary conviction in ... Scotland, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding twelve months, or to both; or]
[(iii)in England and Wales, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding the general limit in a magistrates’ court, or to both; or]
(b)on conviction on indictment to a fine or to imprisonment for a term not exceeding two years, or to both.
(4) Subject to paragraph (8), a person knowingly concerned in an activity prohibited or restricted by Article 3(1), 4(1), 4(2), 4(3) [, 5(1) ...] of the [retained dual-use Regulation] with intent to evade the relevant prohibition or restriction commits an offence and may be arrested.
(5) A person guilty of an offence under paragraph (4) shall be liable—
[(a)on summary conviction in ... Scotland, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding twelve months, or to both; or]
[(iii)in England and Wales, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding the general limit in a magistrates’ court, or to both; or]
(b)on conviction on indictment to a fine or to imprisonment for a term not exceeding ten years, or to both.
(6) A person who fails to comply with [Article 9(2) (provision of relevant information for export authorisation applications) or 10(2) (provision of relevant information for authorisation applications for brokering services)] of the [retained dual-use Regulation] commits an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale and any licence which may have been granted in connection with the application shall be void as from the time it was granted.
[(7) A person who fails to comply with Article 20 (record-keeping) ... of the [retained dual-use Regulation] commits an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.]
(8) Paragraphs (1) and (4) do not create offences related to prohibitions or restrictions on the exportation of goods from the United Kingdom (as to which see CEMA).
(9) In [paragraphs (3)(a)(iii) and (5)(a)(iii)] as they apply to England and Wales in the case of an offence committed before [2nd May 2022], for “[the general limit in a magistrates’ court]” substitute “six months”.