PART 5Enforcement and Penalties
Penalties
12.—(1) A person guilty of an offence under articles 4(a), 5, 6(a), 7, 8, 9(1) or 10 of this Order is liable—
(a)on summary conviction—
(i)in England and Wales, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
(ii)in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
(b)on conviction on indictment, to imprisonment for a term not exceeding ten years or to a fine, or to both.
(2) In relation to an offence committed after the commencement of section 154(1) of the Criminal Justice Act 2003(), for “six months” in paragraph (1)(a)(i) substitute “twelve months”.
(3) A person guilty of an offence under articles 4(b) to (f), 6(b) or (c), 9(2) or 11 of this Order is liable—
(a)on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum, or to both;
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
(4) In the case of an offence committed under the 1979 Act in connection with the prohibitions of exportation in Articles 2(1)(a), 4(a), 4a(1)(a) or 4b of the North Korea Regulation or Article 3 of the Ivory Coast Regulation, sections 68(3)(b) and 170(3)(b)() of the 1979 Act have the effect as if for the words “7 years” there were substituted the words “10 years”.
(5) In the case of an offence committed under the 1979 Act in connection with the prohibitions of importation in Articles 2(3) or 4a(1)(b) of the North Korea Regulation, sections 50(4)(b)() and 170(3)(b) of the 1979 Act have the effect as if for the words “7 years” there were substituted the words “10 years”.
Application of the 1979 Act
13.—(1) Where the Commissioners for Her Majesty’s Revenue and Customs investigate or propose to investigate any matter with a view to determining—
(a)whether there are grounds for believing that an offence under this Order has been committed; or
(b)whether a person should be prosecuted for such an offence,
the matter shall be treated as an assigned matter.
(2) Section 77A of the 1979 Act (provision as to information powers)() applies to a person concerned in an activity which, if not authorised by an EU authorisation, would contravene Articles 2, 3, 4, 4a or 4b of the North Korea Regulation or Article 3 of the Ivory Coast Regulation and accordingly references in section 77A of the 1979 Act to exportation shall be read as including any such activity.
(3) Section 138 of the 1979 Act (provision as to arrest of persons)() applies to the arrest of a person for an offence under this Order as it applies to the arrest of a person for an offence under the customs and excise Acts.
(4) Sections 145(), 146(), 146A(), 147(), 148, 150(), 151(), 152(), 154(), and 155() of the 1979 Act (proceedings for offences, mitigation of penalties, proof and other matters) apply in relation to offences and penalties under this Order as they apply in relation to offences and penalties under the customs and excise Acts.
(5) “The customs and excise Acts” and “assigned matter” have the same meanings as in section 1 of the 1979 Act.