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The Export Control Order 2008
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Offences relating to prohibitions and restrictions in the [F1retained 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) F2... of the [F3retained 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) [F4or Article 5(1) (brokering services)] of the [F3retained dual-use Regulation]; or
(b)fails to comply with the requirement in Article 4(4) (requirement to notify [F5the Secretary of State] in the case of awareness of end-use for [F6certain military or] WMD purposes) of the [F3retained dual-use Regulation]
commits an offence and may be arrested.
(3) A person guilty of an offence under paragraph (2) shall be liable—
[F7(a)on summary conviction in F8... Scotland, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding twelve months, or to both; or]
[F9(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.
(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) [F10, 5(1) F11...] of the [F3retained 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—
[F12(a)on summary conviction in F13... Scotland, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding twelve months, or to both; or]
[F14(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.
(6) A person who fails to comply with [F15Article 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 [F3retained 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.
[F16(7) A person who fails to comply with Article 20 (record-keeping) F17... of the [F3retained 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 [F18paragraphs (3)(a)(iii) and (5)(a)(iii)] as they apply to England and Wales in the case of an offence committed before [F192nd May 2022], for “[F20the general limit in a magistrates’ court]” substitute “six months”.
Textual Amendments
F1Words in art. 35 heading substituted (7.12.2022) by The Export Control (Amendment) (EU Exit) Regulations 2022 (S.I. 2022/1300), regs. 1(1), 9(1)
F2Words in art. 35(1) omitted (31.12.2020) by virtue of The Export Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/137), regs. 1, 4(24)(a); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in art. 35 substituted (7.12.2022) by The Export Control (Amendment) (EU Exit) Regulations 2022 (S.I. 2022/1300), regs. 1(1), 9(2)(a)
F4Words in art. 35(2) inserted (27.8.2009) by The Export Control (Amendment) (No. 3) Order 2009 (S.I. 2009/2151), art. 1, Sch. para. 8(b)
F5Words in art. 35(2) substituted (31.12.2020) by The Export Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/137), regs. 1, 4(24)(b); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in art. 35(2)(b) inserted (16.6.2009) by The Export Control (Amendment) Order 2009 (S.I. 2009/1305), arts. 1(1), 2
F7Art. 35(3)(a) substituted (7.12.2022) by The Export Control (Amendment) (EU Exit) Regulations 2022 (S.I. 2022/1300), regs. 1(1), 9(2)(b)
F8Words in art. 35(3)(a) 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)
F9Art. 35(3)(a)(iii) inserted (E.W.) (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(3)
F10Words in art. 35(4) substituted (27.8.2009) by The Export Control (Amendment) (No. 3) Order 2009 (S.I. 2009/2151), art. 1, Sch. para. 8(c)
F11Words in art. 35(4) omitted (31.12.2020) by virtue of The Export Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/137), regs. 1, 4(24)(c); 2020 c. 1, Sch. 5 para. 1(1)
F12Art. 35(5)(a) substituted (7.12.2022) by The Export Control (Amendment) (EU Exit) Regulations 2022 (S.I. 2022/1300), regs. 1(1), 9(2)(c)
F13Words in art. 35(5)(a) 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)
F14Art. 35(5)(a)(iii) inserted (E.W.) (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(3)
F15Words in art. 35(6) substituted (27.8.2009) by The Export Control (Amendment) (No. 3) Order 2009 (S.I. 2009/2151), art. 1, Sch. para. 8(d)
F16Art. 35(7) substituted (27.8.2009) by The Export Control (Amendment) (No. 3) Order 2009 (S.I. 2009/2151), art. 1, Sch. para. 8(e)
F17Words in art. 35(7) omitted (31.12.2020) by virtue of The Export Control (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/137), regs. 1, 4(24)(d); 2020 c. 1, Sch. 5 para. 1(1)
F18Words in art. 35(9) 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(5)
F19Words in art. 35(9) 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
F20Words in art. 35(9) 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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