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The Republic of Belarus (Sanctions) (EU Exit) Regulations 2019

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The Republic of Belarus (Sanctions) (EU Exit) Regulations 2019, Section 53 is up to date with all changes known to be in force on or before 29 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Trade enforcement: application of CEMAU.K.

This section has no associated Explanatory Memorandum

53.—(1) Where the Commissioners investigate or propose to investigate any matter with a view to determining—

(a)whether there are grounds for believing that a relevant offence has been committed, or

(b)whether a person should be prosecuted for such an offence,

the matter is to be treated as an assigned matter.

(2) In paragraph (1) “assigned matter” has the meaning given by section 1(1) of CEMA M1.

(3) In this regulation a “relevant offence” means an offence under—

(a)Part 5 (Trade),

(b)regulation 36 (trade: licensing offences),

(c)regulation 44(6) (general trade licences: records), or

(d)regulation 45(5) (general trade licences: inspection of records).

[F1(3A) The Commissioners may not investigate the suspected commission of an offence listed in paragraph (3B) [F2, (3C) or (3D)] , unless the suspected offence has been the subject of—

(a)a referral to the Commissioners by—

(i)the Secretary of State,

(ii)the Treasury, or

(iii)OFCOM, where such referral relates to a suspected offence under regulation 27P(4); 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 22(3) [F3insofar as it does not relate to chemical and biological weapons-related goods, dual-use goods, interception and monitoring goods, internal repression goods, and military goods] ,

[F4(aa)regulation 23(3) insofar as it does not relate to the import or export of goods or the transfer of technology to or from the UK, to chemical and biological weapons-related goods and chemical and biological weapons-related technology, dual-use goods and dual-use technology, interception and monitoring goods and interception and monitoring technology, internal repression goods and internal repression technology, or military goods and military technology,

(ab)regulation 24(3) insofar as it does not relate to the import or export of goods or the transfer of technology to or from the UK, to chemical and biological weapons-related goods and chemical and biological weapons-related technology, dual-use goods and dual-use technology, interception and monitoring goods and interception and monitoring technology, internal repression goods and internal repression technology, or military goods and military technology,]

(b)regulation 24A(3),

[F5(ba)regulation 25(3) insofar as it does not relate to the import or export of goods or the transfer of technology to or from the UK, to chemical and biological weapons-related goods and chemical and biological weapons-related technology, dual-use goods and dual-use technology, interception and monitoring goods and interception and monitoring technology, internal repression goods and internal repression technology, or military goods and military technology,

(bb)regulation 26(5) insofar as it does not relate to the import or export of goods or the transfer of technology to or from the UK, to chemical and biological weapons-related goods and chemical and biological weapons-related technology, dual-use goods and dual-use technology, interception and monitoring goods and interception and monitoring technology, internal repression goods and internal repression technology, or military goods and military technology,]

(c)regulation 27(3) [F6insofar as the offence does not relate to the import or export of goods or transfer of technology to or from the UK, chemical and biological weapons-related goods and chemical and biological weapons-related technology, dual-use goods and dual-use technology, interception and monitoring goods and interception and monitoring technology, internal repression goods and internal repression technology, or military goods and military technology] ,

[F7(ca)regulation 27J(5) insofar as the offence does not relate to the import or export of goods or arms and related materiel,]

(d)regulation 27K(5) [F8insofar as the offence does not relate to arms and related materiel] ,

(e)regulation 27L(3) [F9insofar as the offence does not relate to the import or export of goods] ,

(f)regulation 27M(4) [F10insofar as the offence does not relate to the import or export of goods or the transfer of technology to or from the UK] ,

(g)regulation 27M(5) [F11insofar as it does not relate to the import or export of goods or the transfer of technology to or from the UK] ,

[F12(ga)regulation 27N(4), insofar as the offence does not relate to the import or export of goods or the transfer of technology to or from the UK,

(gb)regulation 27O(3),]

(h)regulation 27P(4).

(3C) Regulation 53(3A) also applies to the suspected commission of a relevant offence under any of regulations 36(1), 36(2), 44(6) and 45(5) insofar as—

(a)the suspected offence relates to a licence issued under regulation 33, and

(b)the prohibited activity authorised by that licence would, if no licence had been issued, amount to an offence specified in paragraph (3B)(a) to (h).]

[F13(3D) Paragraph (3A) also applies to the suspected commission of a relevant offence under regulation 28(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).]

(4) Section 138 of CEMA M2 (arrest of persons) applies to a person who has committed, or whom there are reasonable grounds to suspect of having committed, a relevant offence as it applies to a person who has committed, or whom there are reasonable grounds to suspect of having committed, an offence for which the person is liable to be arrested under the customs and excise Acts M3, but as if—

(a)any reference to an offence under, or for which a person is liable to be arrested under, the customs and excise Acts were to a relevant offence;

(b)in subsection (2), the reference to any person so liable were to a person who has committed, or whom there are reasonable grounds to suspect of having committed, a relevant offence.

(5) The provisions of CEMA mentioned in paragraph (6) apply in relation to proceedings for a relevant offence as they apply in relation to proceedings for an offence under the customs and excise Acts, but as if—

(a)any reference to the customs and excise Acts were to any of the provisions mentioned in paragraph (3)(a) to (d);

(b)in section 145(6), the reference to an offence for which a person is liable to be arrested under the customs and excise Acts were to a relevant offence;

(c)in section 151, the reference to any penalty imposed under the customs and excise Acts were to any penalty imposed under these Regulations in relation to a relevant offence;

(d)in section 154(2)—

(i)the reference to proceedings relating to customs or excise were to proceedings under any of the provisions mentioned in paragraph (3)(a) to (d), and

(ii)the reference to the place from which any goods have been brought included a reference to the place to which goods have been exported, supplied or delivered or the place to or from which technology has been transferred.

(6) The provisions of CEMA are sections 145, 146, 147, 148(1), 150, 151, 152, 154 and 155 M4 (legal proceedings).

[F14(7) Any term in this regulation that is defined in Chapter 1 (Interpretation) of Part 5 (Trade) bears the same meaning as in that Chapter of that Part.]

Textual Amendments

Commencement Information

I1Reg. 53 not in force at made date, see reg. 1(2)

I2Reg. 53 in force at 31.12.2020 by S.I. 2019/627, reg. 12(2); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1The definition of “assigned matter” in section 1(1) of CEMA was amended by the Commissioners for Revenue and Customs Act 2005 (c.11), Schedule 4, paragraph 22(a); the Scotland Act 2012 (c. 11), section 24(7); and the Wales Act 2014 (c.29), section 7(1).

M3“The customs and excise Acts” is defined in section 1 of CEMA.

M4Section 145 of CEMA was amended by the Police and Criminal Evidence Act 1984, section 114(1); the Commissioners for Revenue and Customs Act 2005, Schedule 4, paragraph 23(a); and S.I. 2014/834. Section 147 was amended by the Criminal Justice Act 1982 (c. 48), Schedule 14, paragraph 42; the Finance Act 1989, section 16(2); and the Criminal Justice Act 2003, Schedule 3, paragraph 50. Section 152 was amended by the Commissioners for Revenue and Customs Act 2005, Schedule 4, paragraph 26, and Schedule 5. Section 155 was amended by the Commissioners for Revenue and Customs Act 2005, Schedule 4, paragraph 27, and Schedule 5.

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