The Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2024

Amendment of the Iraq (Sanctions) (EU Exit) Regulations 2020

12.—(1) The Iraq (Sanctions) (EU Exit) Regulations 2020(1) are amended as follows.

(2) In regulation 55 (trade enforcement: application of CEMA), after paragraph (3), insert—

“(3A) The Commissioners may not investigate the suspected commission of a relevant offence listed in paragraph (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 23(3) (supply and delivery of illegally removed Iraqi cultural property);

(b) regulation 24(3) (making available and acquisition of illegally removed Iraqi cultural property) insofar as the offence does not relate to the import or export of goods;

(c) regulation 25(3) (financial services and funds relating to illegally removed Iraqi cultural property) insofar as the offence does not relate to the import or export of goods;

(d) regulation 26(3) (brokering services: non-UK activity relating to illegally removed Iraqi cultural property) insofar as the offence does not relate to the import or export of goods;

(e) regulation 27(3) (holding or controlling illegally removed Iraqi cultural property) insofar as the offence does not relate to the import or export of goods.

(3C) Paragraph (3A) also applies to the suspected commission of a relevant offence under any of regulations 39(1), 39(2), 46(6) and 47(5) (trade licensing and information offences) insofar as—

(a) the suspected offence relates to a licence issued under regulation 36 (trade licences), and

(b) the 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 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).”.

(1)

S.I. 2020/707, amended by S.I. 2022/500; S.I.. 2022/819; S.I. 2023/121 and S.I. 2023/149.