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 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) [, 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 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 [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)(i) and (5)(a)(i) as they apply to England and Wales in the case of an offence committed before [2nd May 2022], for “twelve months” substitute “ six months ”.