The Libya (Sanctions) (EU Exit) Regulations 2020

Trade enforcement: application of CEMA U.K.

71.—(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 35 (transporting etc. Libyan oil in relation to UN designated ships),

(c) regulation 37 (bunkering or ship supply services),

(d) regulation 39(2) (circumventing etc. prohibitions),

(e) regulation 53 (trade: licensing offences),

(f) regulation 62(6) (general trade licences: records), or

(g) regulation 63(5) (general trade licences: inspection of records).

[F1 (3A) The Commissioners may not investigate the suspected commission of a relevant offence listed in paragraphs (3B), (3C) or (3D), 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 25(3) (supply and delivery of certain goods) insofar as the offence does not relate to internal repression goods or military goods;

(b) regulation 26(3) (making available or acquiring certain goods and technology) insofar as the offence does not relate to the import or export of goods or the transfer of technology to or from the UK, or does not relate to internal repression goods or internal repression technology, military goods or military technology;

(c) regulation 28(3) (technical assistance relating to restricted goods and restricted technology) insofar as the offence does not relate to the import or export of goods or the transfer of technology to or from the UK, or does not relate to internal repression goods and internal repression technology, military goods and military technology;

(d) regulation 29(5) (financial services and funds relating to restricted goods and restricted technology) insofar as the offence does not relate to the import or export of goods or the transfer of technology to or from the UK, or does not relate to internal repression goods and internal repression technology, military goods and military technology;

(e) regulation 30(3) (brokering services: non-UK activity relating to restricted goods and restricted technology) insofar as the offence does not relate to the import or export of goods or the transfer of technology to or from the UK, or does not relate to internal repression goods and internal repression technology, military goods and military technology;

(f) regulation 31(3) (enabling or facilitating the conduct of armed hostilities);

(g) regulation 35(3) (transporting etc. Libyan oil in relation to UN designated ships) insofar as the offence does not relate to the import or export of goods;

(h) regulation 37(3) (bunkering or ship supply services).

(3C) Paragraph (3A) also applies to the suspected commission of a relevant offence under any of regulations 53(1), 53(2), 62(6) and 63(5) insofar as—

(a) the suspected offence relates to a licence issued under regulation 49 (trade licences), and

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

(3D) Paragraph (3A) also applies to the suspected commission of a relevant offence under regulation 33(2) (circumventing etc. prohibitions) or regulation 39(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 (g);

(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 (g), 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).

[F2 (7) Any term in this regulation that is defined in Chapter 3 of Part 5 (Trade) bears the same meaning as in that Chapter of that Part.]

Textual Amendments

F1 Reg. 71(3A)-(3D) inserted (5.6.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2024 (S.I. 2024/644), regs. 1(2), 17(10)(a)

F2 Reg. 71(7) inserted (5.6.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2024 (S.I. 2024/644), regs. 1(2), 17(10)(b)

Commencement Information

I1 Reg. 71 in force at 31.12.2020 on IP completion day, see reg. 1(3)

Marginal Citations

M1 The 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).

M2 Section 138 of CEMA was amended by the Police and Criminal Evidence Act 1984 (c.60), section 114(1), Schedule 6, paragraph 37, and Schedule 7, Part 1; the Finance Act 1988 (c.39), section 11; the Serious Organised Crime and Police Act 2005 (c.15), Schedule 7, paragraph 54; S.I. 1989/1341 (N.I. 12); and S.I. 2007/288.

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

M4 Section 145 of CEMA was amended by the Police and Criminal Evidence Act 1984, section 114(1); the Commissioners for Revenue and Customs Act 2005 (c.11), Schedule 4, paragraph 23(a); and S.I. 2014/834. Section 147 was amended by the Magistrates Courts Act 1980 (c.43), section 154 and Schedule 7, paragraph 176; the Criminal Justice Act 1982 (c.48), section 77, Schedule 14, paragraph 42; the Finance Act 1989 (c.26), section 16(2); and the Criminal Justice Act 2003 (c.44), section 41, Schedule 3, paragraph 50. Section 152 was amended by the Commissioners for Revenue and Customs Act 2005, section 50, Schedule 4, paragraph 26, and section 52, Schedule 5. Section 155 was amended by the Commissioners for Revenue and Customs Act 2005, section 50, Schedule 4, paragraph 27, and section 52, Schedule 5.