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The Export Control Order 2008

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Changes over time for: Section 35

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Version Superseded: 07/02/2023

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Point in time view as at 07/12/2022. This version of this provision has been superseded. Help about Status

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There are currently no known outstanding effects for the The Export Control Order 2008, Section 35. Help about Changes to Legislation

Offences relating to prohibitions and restrictions in the [F1retained 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) F2... of the [F3retained 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) [F4or Article 5(1) (brokering services)] of the [F3retained dual-use Regulation]; or

(b)fails to comply with the requirement in Article 4(4) (requirement to notify [F5the Secretary of State] in the case of awareness of end-use for [F6certain military or] WMD purposes) of the [F3retained dual-use Regulation]

commits an offence and may be arrested.

(3) A person guilty of an offence under paragraph (2) shall be liable—

[F7(a)on summary conviction in England and Wales or Scotland, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding twelve months, 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) [F8, 5(1) F9...] of the [F3retained 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—

[F10(a)on summary conviction in England and Wales or Scotland, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding twelve months, 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 [F11Article 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 [F3retained 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.

[F12(7) A person who fails to comply with Article 20 (record-keeping) F13... of the [F3retained 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)(i) and (5)(a)(i) as they apply to England and Wales in the case of an offence committed before [F142nd May 2022], for “twelve months” substitute “ six months ”.

Textual Amendments

F6Words in art. 35(2)(b) inserted (16.6.2009) by The Export Control (Amendment) Order 2009 (S.I. 2009/1305), arts. 1(1), 2

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