The Export Control (North Korea Sanctions and Iran, Ivory Coast and Syria Amendment) Order 2017

PART 3 Supplementary offences

Circumvention of prohibitions in the North Korea Regulation

13.—(1) A person commits an offence and may be arrested where that person participates, knowingly and intentionally, in an activity the object or effect of which is (whether directly or indirectly)—

(a) to circumvent any of the prohibitions in Articles 4(a)(1)(c), insofar as the activity concerns the provision of technical assistance or brokering services, 2(1)(a), 2(1)(b), 2a(1), 3(1)(a), 4(1)(a), 4a(1)(a) and 4b of the North Korea Regulation; or

(b) to enable or facilitate the contravention of any such prohibition.

(2) A person commits an offence and may be arrested where that person participates, knowingly and intentionally, in an activity the object or effect of which is (whether directly or indirectly)—

(a) to circumvent any of the prohibitions in Articles 4a(1)(c), insofar as the activity concerns the provision of financing or financial assistance, 2(3), 2(4)(a), 2(4)(b), 2a(2), 3(1)(b), 3(1)(c), 3(1)(d), 4(1)(b), 4a(1)(b), 5b(1), 5b(2)(a), 5b(2)(b), 5b(2)(c), 6a and 9b of the North Korea Regulation; or

(b) to enable or facilitate the contravention of any such prohibition.

Offences related to an EU authorisation

14.—(1) A person commits an offence and may be arrested where, for the purpose of obtaining an EU authorisation, that person—

(a) makes any statement or furnishes any document or information which to that person’s knowledge is false in a material particular; or

(b) recklessly makes any statement or furnishes any document or information which is false in a material particular.

(2) An EU authorisation granted in the circumstances referred to in paragraph (1) is void from the time it was granted.

(3) A person who, having acted under the authority of an EU authorisation, fails to comply with a requirement or condition to which the EU authorisation is subject commits an offence and may be arrested, unless—

(a) the EU authorisation was modified after the completion of the act authorised; and

(b) the alleged failure to comply would not have been a failure had the EU authorisation not been so modified.