Amendment of the Syria (United Nations Sanctions) (Cultural Property) (EU Exit) Regulations 2020
15.—(1) The Syria (United Nations Sanctions) (Cultural Property) (EU Exit) Regulations 2020(1) are amended as follows.
(2) In regulation 24 (trade enforcement: application of CEMA), after paragraph (3), insert—
“(3A) The Commissioners may not investigate the suspected commission of a relevant offence listed in paragraphs (3B) or (3C), unless the suspected offence has been the subject of—
(a)a referral to the Commissioners by the Secretary of State, or
(b)a decision by the Commissioners to treat the suspected offence as if it had been referred to them under sub-paragraph (a).
(3B) Paragraph (3A) applies to the suspected commission of an offence under any of the following provisions—
(a)regulation 8(3) (supply and delivery of illegally removed Syrian cultural property);
(b)regulation 9(3) (making available and acquisition of illegally removed Syrian cultural property) insofar as the offence does not relate to the import or export of goods;
(c)regulation 10(3) (financial services and funds relating to illegally removed Syrian cultural property) insofar as the offence does not relate to the import or export of goods;
(d)regulation 11(3) (brokering services: non-UK activity relating to illegally removed Syrian cultural property) insofar as the offence does not relate to the import or export of goods;
(e)regulation 12(3) (holding or controlling illegally removed Syrian cultural property) insofar as the offence does not relate to the import or export of goods.
(3C) Paragraph (3A) also applies to the suspected commission of a relevant offence under regulation 13(2) (circumventing etc. prohibitions), insofar as the prohibited activity to which the suspected offence relates is the circumvention of, or enabling or facilitation of a contravention of, a prohibition in relation to an offence specified in paragraph (3B).”.