The Export Control Order 2008

[F1Further offences relating to the prohibitions etc. in the torture RegulationU.K.

This section has no associated Explanatory Memorandum

36A.—(1) In this article—

(a)references to “Articles” are references to articles in the torture Regulation; and

(b)“brokering services” and “transit” bear the same meaning as they have in that regulation.

(2) A person who is concerned in an activity prohibited by [F2Article 5(1)] (prohibition of transit), [F3Article 6] (prohibition of brokering services), [F4Article 7] (prohibition of training), [F5Article 8] (trade fairs) or [F6Article 9] (advertising) commits an offence.

(3) A person who fails to comply with [F7Article 15(1)] (authorisation requirement for certain services) or [F8Article 19(1)] (authorisation requirement for certain services) commits an offence.

(4) A person who is knowingly concerned in an activity prohibited by [F2Article 5(1)], [F3Article 6], [F4Article 7], [F5Article 8], [F6Article 9], [F9Article 13] (prohibition of transit) or [F10Article 18] (prohibition of transit) with intent to evade that prohibition commits an offence and may be arrested.

(5) A person who knowingly fails to comply with [F7Article 15(1)] or [F8Article 19(1)] with intent to evade the requirements in those Articles commits an offence and may be arrested.

(6) A person guilty of an offence under paragraph (2) or (3) is liable upon summary conviction to a fine not exceeding level 3 on the standard scale.

(7) A person guilty of an offence under paragraph (4) or (5) is liable—

(a)on summary conviction—

(i)in England and Wales, to a fine or to imprisonment for a term not exceeding three months, or to both;

(ii)in Scotland and Northern Ireland, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months, 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.]

Textual Amendments

F2Words in art. 36A substituted (30.6.2019) by The Export Control (Amendment) Order 2019 (S.I. 2019/989), arts. 1, 2(4)(a)

F3Words in art. 36A substituted (30.6.2019) by The Export Control (Amendment) Order 2019 (S.I. 2019/989), arts. 1, 2(4)(b)

F4Words in art. 36A substituted (30.6.2019) by The Export Control (Amendment) Order 2019 (S.I. 2019/989), arts. 1, 2(4)(c)

F5Words in art. 36A substituted (30.6.2019) by The Export Control (Amendment) Order 2019 (S.I. 2019/989), arts. 1, 2(4)(d)

F6Words in art. 36A substituted (30.6.2019) by The Export Control (Amendment) Order 2019 (S.I. 2019/989), arts. 1, 2(4)(e)

F7Words in art. 36A substituted (30.6.2019) by The Export Control (Amendment) Order 2019 (S.I. 2019/989), arts. 1, 2(4)(g)

F8Words in art. 36A substituted (30.6.2019) by The Export Control (Amendment) Order 2019 (S.I. 2019/989), arts. 1, 2(4)(i)

F9Words in art. 36A substituted (30.6.2019) by The Export Control (Amendment) Order 2019 (S.I. 2019/989), arts. 1, 2(4)(f)