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The Export Control Order 2008
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Offences relating to prohibitions in Parts 2, 3 and 4U.K.
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34.—(1) Subject to paragraphs (2) and (7), a person who contravenes a prohibition in Part 2 or 4 of this Order 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)did not know, and had no reason to suppose, that the goods referred to in article 20 were destined for an embargoed destination; and
(b)is able to show the matters stated in sub-paragraph (a)
shall not be guilty of an offence under paragraph (1) by reason of a contravention of the prohibition in article 20.
(3) A person who contravenes a prohibition in Part 2 or 3 of this Order that is engaged because the person—
(a)has been informed;
(b)is aware; or
(c)has grounds for suspecting
that goods, software or technology are or may be intended, in their entirety or in part, for WMD purposes commits an offence and may be arrested.
[F1(3A) A person who contravenes a prohibition in Part 2 of this Order that is engaged because the person has been informed by the Secretary of State that dual-use goods, software or technology are or may be intended, in their entirety or in part, for use by a relevant entity referred to in article 12A (military end-use control supplementing the dual-use Regulation), commits an offence and may be arrested.]
(4) A person guilty of an offence under paragraph (3) [F2or (3A)] shall be liable—
(a)on summary conviction—
(i)in F3... Scotland, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding twelve months, or to both;
(ii)in Northern Ireland, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months, or to both; or
[F4(iii)in England and Wales, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding the general limit in a magistrates’ court, 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.
(5) Subject to paragraph (7), a person knowingly concerned in activity prohibited by Part 2, 3 or 4 of this Order with intent to evade the relevant prohibition commits an offence and may be arrested.
(6) A person guilty of an offence under paragraph (5) shall be liable—
(a)on summary conviction—
(i)in F5... Scotland, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding twelve months, or to both;
(ii)in Northern Ireland, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months, or to both; or
[F6(iii)in England and Wales, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding the general limit in a magistrates’ court, 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.
(7) Paragraphs (1) and (5) do not create offences related to prohibitions on the exportation of goods (as to which see CEMA).
(8) In [F7paragraphs (4)(a)(iii) and (6)(a)(iii)] as they apply to England and Wales in the case of an offence committed before [F82nd May 2022], for “[F9the general limit in a magistrates’ court]” substitute “six months”.
Textual Amendments
F1Art. 34(3A) inserted (19.5.2022) by The Export Control (Amendment) Order 2022 (S.I. 2022/491), arts. 1(1), 2(5)
F2Words in art. 34(4) inserted (19.5.2022) by The Export Control (Amendment) Order 2022 (S.I. 2022/491), arts. 1(1), 2(6)
F3Words in art. 34(4)(a)(i) omitted (7.2.2023 at 12.00 p.m.) by virtue of The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 32(2)
F4Art. 34(4)(a)(iii) inserted (E.W.) (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 32(3)
F5Words in art. 34(6)(a)(i) omitted (7.2.2023 at 12.00 p.m.) by virtue of The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 32(2)
F6Art. 34(6)(a)(iii) inserted (E.W.) (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 32(3)
F7Words in art. 34(8) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 32(4)
F8Words in art. 34(8) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(2), Sch. Pt. 2
F9Words in art. 34(8) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(2), Sch. Pt. 2 table
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