PART 6OFFENCES, ENFORCEMENT AND PENALTIES

Application of CEMA in respect of offences41.

(1)

Where the Commissioners for Her Majesty’s Revenue and Customs investigate or propose to investigate any matter with a view to determining—

(a)

whether there are grounds for believing that an offence has been committed by reason of a contravention of—

(i)

article 3, 4, 5, 6, 7, 8, 9, 11, 12, 19, 20, 21, 22, 23, 37, 38 or 39 of this Order;

(ii)

article 31 of this Order so far as it relates to the powers of the Commissioners;

(iii)

the dual-use Regulation; or

(iv)

the torture Regulation; or

(b)

whether a person should be prosecuted for such an offence,

the matter shall be treated as an assigned matter.

(2)

Section 77A of CEMA (provision as to information powers)22 shall apply to a person concerned in an activity which, if not authorised by a licence, would contravene—

(a)

article 3, 4, 5, 6, 7, 8, 9, 11, 12, 19, 20, 21, 22 or 23 of this Order;

(b)

the dual-use Regulation; or

(c)

the torture Regulation,

and accordingly references in section 77A of CEMA to exportation shall be read as including any such activity.

(3)

Section 138 of CEMA (provision as to arrest of persons)23 shall apply to the arrest of a person for an offence under this Order as it applies to the arrest of a person for an offence under the customs and excise Acts.

(4)

Sections 14524, 14625, 146A26, 14727, 148, 15028, 15129, 15230, 15431, and 15532 of CEMA (proceedings for offences, mitigation of penalties, proof and other matters) shall apply in relation to offences and penalties under this Order as they apply in relation to offences and penalties under the customs and excise Acts.

(5)

For the purposes of the application of section 145 of CEMA to this Order, only offences related to contraventions of the provisions referred to in paragraph (1)(a) are offences under the customs and excise Acts.