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The Afghanistan (Sanctions) (EU Exit) Regulations 2020

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Changes over time for: Section 44

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There are currently no known outstanding effects for the The Afghanistan (Sanctions) (EU Exit) Regulations 2020, Section 44. Help about Changes to Legislation

Trade offences in CEMA: modification of penaltyU.K.

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44.—(1) Paragraph (2) applies where a person is guilty of an offence under section 68(2) of CEMA in connection with the prohibition mentioned in regulation 15(1) (export of military goods).

(2) Where this paragraph applies, the reference to 7 years in section 68(3)(b) of CEMA M1 is to be read as a reference to 10 years.

(3) Paragraph (4) applies where a person is guilty of an offence under section 170(2) of CEMA in connection with the prohibition mentioned in regulation 15(1) (export of military goods).

[F1(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 regulation 22(3) (enabling or facilitating the conduct of armed hostilities).

(3C) Paragraph (3A) also applies to the suspected commission of a relevant offence under regulation 23(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) Where this paragraph applies, the reference to 7 years in section 170(3)(b) of CEMA M2 is to be read as a reference to 10 years.

Textual Amendments

Commencement Information

I1Reg. 44 in force at 31.12.2020 by S.I. 2020/1514, reg. 16(2)

Marginal Citations

M1The words “7 years” were inserted in section 68(3)(b) of CEMA by the Finance Act 1988, section 12.

M2The words “7 years” were inserted in section 170(3)(b) of CEMA by the Finance Act 1988, section 12.

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