The Export Control (North Korea Sanctions and Iran, Ivory Coast and Syria Amendment) Order 2017

Penalties

15.—(1) A person guilty of an offence under article 9(c), insofar as the activity concerns the provision of technical assistance or brokering services, 5(a), 5(b), 6(a), 7(a), 8(a), 9(a), 10 or 13(1) 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, 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(1), for “six months” in paragraph (1)(a)(i) substitute “twelve months”.

(3) A person guilty of an offence under article 9(c), insofar as the activity concerns the provision of financing or financial assistance, 5(c), 5(d), 5(e), 6(b), 7(b), 7(c), 7(d), 8(b), 9(b), 11, 12, 13(2) or 14 of this Order is liable—

(a) on summary conviction, to imprisonment for a term not exceeding three months or to a fine, 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 prohibition of exportation in Article 2(1)(a), 2(1)(b), 2a(1), 4(1)(a), 4a(1)(a) or 4b of the North Korea Regulation, sections 68(3)(b)(2) and 170(3)(b)(3) of that Act have 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 prohibition of importation in Article 2(3), 2(4)(a), 2(4)(b), 2a(2), 4(1)(b) or 4a(1)(b) of the North Korea Regulation, sections 50(4)(b)(4) and 170(3)(b) of that Act have effect as if for the words “7 years” there were substituted the words “10 years”.

(1)

2003 c.44. At the date of this Order, section 154(1) had not been commenced.

(2)

Section 68(3)(b) was amended by the Finance Act 1988 (c.39), section 12(1)(a); by the Criminal Justice and Immigration Act 2008 (c.4), Schedule 17, Part 2, paragraph 8(4)(a); and by the Anti-Social Behaviour, Crime and Policing Act 2014 (c. 12), section 111(7)(a).

(3)

Section 170(3)(b) was amended by the Finance Act 1988, section 12(1)(a); by the Import of Seal Skins Regulations 1996/2686, regulation 4(2)(a); by the Criminal Justice and Immigration Act 2008, Schedule 17, Part 2, paragraph 8(5)(a); and by the Anti-Social Behaviour, Crime and Policing Act 2014, section 111(4)(a).

(4)

Section 50(4)(b) was amended by the Finance Act 1988, section 12(1)(a); by the Import of Seal Skins Regulations 1996/2686, regulation 4(1)(a); by the Criminal Justice and Immigration Act 2008, Schedule 17, Part 2, paragraph 8(3)(a); and by the Anti-Social Behaviour, Crime and Policing Act 2014, section 111(3)(a).