PART 4Information and records

Trade: application of information powers in CEMAI117

1

Section 77A of CEMA M1 applies in relation to a person carrying on a relevant activity as it applies in relation to a person concerned in the importation or exportation of goods but as if—

a

in subsection (1), the reference to a person concerned in the importation or exportation of goods for which for that purpose an entry is required by regulation 5 of the Customs Controls on Importation of Goods Regulations 1991 M2 or an entry or specification is required by or under CEMA were to a person carrying on a relevant activity;

b

any other reference to importation or exportation were to a relevant activity;

c

any other reference to goods were to the goods, services or funds to which the relevant activity relates.

2

For the purposes of paragraph (1), a “relevant activity” means an activity which would, unless done pursuant to regulation 15 (exception for the return of Syrian cultural property) or 16 (exception for acts done for purposes of national security or prevention of serious crime), constitute a contravention of—

a

any prohibition in Chapter 2 of Part 2 (Trade) except any prohibition on imports or exports, or

b

the prohibition in regulation 13 (circumventing etc. prohibitions).

Disclosure of informationI218

1

The Secretary of State or the Commissioners may, in accordance with this regulation, disclose—

a

any information obtained under or by virtue of Part 3 (Exceptions), this Part or Part 6 (Maritime enforcement), or

b

any information held in connection with—

i

anything done under or by virtue of Part 2 (Trade), or

ii

any exception under Part 3 or anything done in accordance with such an exception.

2

Information referred to in paragraph (1) may be disclosed for, or in connection with, any of the following purposes—

a

the purpose stated in regulation 4 (purpose);

b

the exercise of functions under these Regulations;

c

facilitating, monitoring or ensuring compliance with these Regulations;

d

taking any action with a view to instituting, or otherwise for the purposes of, any proceedings in the United Kingdom—

i

for an offence under any provision of these Regulations,

ii

for an offence under CEMA in connection with a prohibition in regulation 7(1) and (2) (exports and imports);

e

taking any action with a view to instituting, or otherwise for the purposes of, any proceedings in any of the Channel Islands, the Isle of Man or any British overseas territory for an offence—

i

under a provision in any such jurisdiction that is similar to a provision of these Regulations, or

ii

in connection with a prohibition in any such jurisdiction that is similar to a prohibition referred to in sub-paragraph (d)(ii);

f

compliance with an international obligation M3;

g

facilitating the exercise by an authority outside the United Kingdom or by an international organisation of functions which correspond to functions under these Regulations.

3

Information referred to in paragraph (1) may be disclosed to the following persons—

a

a police officer;

b

any person holding or acting in any office under or in the service of—

i

the Crown in right of the Government of the United Kingdom,

ii

the Crown in right of the Scottish Government, the Northern Ireland Executive or the Welsh Government,

iii

the States of Jersey, Guernsey or Alderney or the Chief Pleas of Sark,

iv

the Government of the Isle of Man, or

v

the Government of any British overseas territory;

c

any law officer of the Crown for Jersey, Guernsey or the Isle of Man;

d

the Scottish Legal Aid Board;

e

the Financial Conduct Authority, the Prudential Regulation Authority, the Bank of England, the Jersey Financial Services Commission, the Guernsey Financial Services Commission or the Isle of Man Financial Services Authority;

f

any other regulatory body (whether or not in the United Kingdom);

g

any organ of the United Nations;

h

the Council of the European Union, the European Commission or the European External Action Service;

i

the Government of any country;

j

any other person where the Secretary of State or the Commissioners (as the case may be) consider that it is appropriate to disclose the information.

4

Information referred to in paragraph (1) may be disclosed to any person with the consent of a person who, in their own right, is entitled to the information.

5

In paragraph (4) “in their own right” means not merely in the capacity as a servant or agent of another person.

6

In paragraph (1)(b) the reference to information includes information obtained at a time when any provision of these Regulations is not in force.

Annotations:
Commencement Information
I2

Reg. 18 in force at 31.12.2020 by S.I. 2020/1514, reg. 19

Marginal Citations
M3

Section 1(8) of the Sanctions and Anti-Money Laundering Act 2018 defines an “international obligation” as an obligation of the United Kingdom created or arising by or under any international agreement.

Part 4: supplementaryI319

1

A disclosure of information under regulation 18 (disclosure of information) does not breach any restriction on such disclosure imposed by statute or otherwise.

2

But nothing in that regulation authorises a disclosure that—

a

contravenes the data protection legislation, or

b

is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 M4.

3

Nothing in this Part is to be read as requiring a person who has acted or is acting as counsel or solicitor for any person to disclose any privileged information in their possession in that capacity.

4

Regulation 18 does not limit the circumstances in which information may be disclosed apart from that regulation.

5

In this regulation—

  • “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act) M5;

  • “privileged information” means information with respect to which a claim to legal professional privilege (in Scotland, to confidentiality of communications) could be maintained in legal proceedings.